HOUSE BILL NO. 4738

June 19, 2019, Introduced by Reps. Peterson, Cynthia Johnson, Brenda Carter, Garza, Yancey, Byrd, Lasinski, Kuppa, Elder, Sowerby, Chirkun, Sneller, Cherry, Neeley, Gay-Dagnogo, Hood, LaGrand, Pagan, Manoogian, Camilleri, Anthony, Garrett, Clemente, Tyrone Carter, Coleman, Tate, Whitsett, Hertel, Brixie, Hammoud, Bolden, Haadsma and Jones and referred to the Committee on Transportation.

"Michigan vehicle code,"

by amending section 649 (MCL 257.649), as amended by 2018 PA 109, and by adding sections 612a and 613e.

the people of the state of michigan enact:

Sec. 612a. (1) When traffic is not controlled by traffic signals or traffic signals are not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to stop and yield to that pedestrian.

(2) A person who violates subsection (1) is responsible for a civil infraction.

Sec. 613e. (1) A pedestrian shall not cross a roadway other than by the shortest route to the opposite curb, except when crossing within a crosswalk.

(2) A pedestrian who crosses a roadway at a point other than within a crosswalk shall yield the right-of-way to all vehicles on the roadway.

(3) All of the following rules are rescinded:

(a) R 28.1707 of the Michigan Administrative Code.

(b) R 28.1709 of the Michigan Administrative Code.

(4) A person who violates subsection (1) or (2) is responsible for a civil infraction.

Sec. 649. (1) The driver of a vehicle approaching an intersection shall yield the right of way right-of-way to a vehicle that has entered the intersection from a different highway.

(2) When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way right-of-way to the vehicle on the right.

(3) The right of way right-of-way rules in subsections (1) and (2) are modified at through highways and otherwise as provided in subsection (4) and in this chapter.

(4) The driver of a vehicle approaching an intersection that is controlled by a traffic control signal shall do all of the following, if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of colored lights or colored lighted arrows that fails to clearly indicate the assignment of right of way, right-of-way, or the signals are otherwise malfunctioning:

(a) Stop at a clearly marked stop line, or, if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection.

(b) Yield the right of way right-of-way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection.

(5) Subsection (4) does not apply to either of the following:

(a) An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.

(b) A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time.

(6) The driver of a vehicle approaching a yield sign, in obedience to the sign, shall slow down to a speed reasonable for the existing conditions and shall yield the right of way right-of-way to a vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver would be moving across or within the intersection. However, if required for safety to stop, the driver shall stop before entering the crosswalk on the near side of the intersection or, if there is not a crosswalk, at a clearly marked stop line; but if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(7) The driver of a vehicle traveling at an unlawful speed forfeits a right of way right-of-way that the driver might otherwise have under this section.

(8) Except when directed to proceed by a police officer, the driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is not a crosswalk shall stop at a clearly marked stop line; or if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After having stopped, the driver shall yield the right of way right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection.

(9) When a vehicle approaches the intersection of a highway from an intersecting highway or street that is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the vehicle shall yield right of way right-of-way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its speed so as to enable it to merge safely with the through traffic.

(10) When a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake or pass the stopped vehicle.

(11) (10) A person who violates this section is responsible for a civil infraction.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.