SENATE BILL NO. 892

April 28, 2020, Introduced by Senator LAUWERS and referred to the Committee on Transportation and Infrastructure.

"Michigan vehicle code,"

by amending the title and sections 35a, 36, 53, 69, 79, 612, and 679a (MCL 257.35a, 257.36, 257.53, 257.69, 257.79, 257.612, and 257.679a), the title as amended by 2016 PA 32, sections 35a and 36 as amended by 2013 PA 231, section 79 as amended by 1992 PA 134, and section 612 as amended by 2014 PA 386, and by adding section 40d and chapter VIA.

the people of the state of michigan enact:

TITLE

An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to provide for the regulation and use of personal delivery devices in pedestrian areas and on highways and streets; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, operators of personal delivery devices, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date.

Sec. 35a. "Operate" or "operating" means 1 or more of the following:

(a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under this act as an operator or chauffeur.

(b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing an automated motor vehicle to move under its own power in automatic mode" includes engaging the automated technology of that automated motor vehicle for that purpose.

(c) Causing a personal delivery device to move under its own power in automatic mode in a pedestrian area or on a highway or street regardless of whether the person is physically present with that personal delivery device at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing a personal delivery device to move under its own power in automatic mode" includes engaging the automated delivery technology of that personal delivery device for that purpose.

Sec. 36. "Operator" means a person, other than a chauffeur, who does either any of the following:

(a) Operates a motor vehicle upon on a highway or street.

(b) Operates an automated motor vehicle upon on a highway or street.

Sec. 40d. (1) "Pedestrian area" includes a sidewalk, crosswalk, school crossing, or safety zone.

(2) "Personal delivery device" means a device that meets both of the following requirements:

(a) Is manufactured primarily for transporting cargo in a pedestrian area or on the side of a roadway or shoulder of a highway or street.

(b) Is equipped with automated delivery technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human.

Sec. 53. "Right-of-way" means the privilege of the immediate use of the highway or street or pedestrian area.

Sec. 69. "Traffic" means pedestrians, ridden or herded animals, vehicles, street cars and other conveyances either singly or together while using any highway or street or pedestrian area for purposes of travel.

Sec. 79. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as that term is defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.1987 PA 96, MCL 125.2302. Vehicle does not include a personal delivery device operated in compliance with chapter VIA.

Sec. 612. (1) When If traffic is controlled by traffic control signals, not fewer than 1 signal shall must be located over the traveled portion of the roadway so as to give vehicle operators a clear indication of the right-of-way assignment from their normal positions approaching the intersection. The vehicle signals shall must exhibit different colored lights successively, 1 at a time, or with arrows. Red arrow and yellow arrow indications have the same meaning as the corresponding circular indications, except that they apply only to vehicle operators intending to make the movement indicated by the arrow. The following colors shall must be used, and the terms and lights shall indicate and apply to vehicle operators as follows:

(a) If the signal exhibits a green indication, vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians, personal delivery devices, and bicyclists lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

(i) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection and shall remain standing until a green indication is shown, except as provided in subparagraph (ii).

(ii) Vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection, may make a right turn from a 1-way or 2-way street into a 2-way street or into a 1-way street carrying traffic in the direction of the right turn or may make a left turn from a 1-way or 2-way street into a 1-way roadway carrying traffic in the direction of the left turn, unless prohibited by sign, signal, marking, light, or other traffic control device. The vehicular traffic shall yield the right of way right-of-way to pedestrians, personal delivery devices, and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(d) If the signal exhibits a steady green arrow indication, vehicular traffic facing the green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow or other movement permitted by other indications shown at the same time. The vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(2) If a traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section apply except for those provisions that by their nature cannot apply. Any stop required shall must be made at a sign or marking on the pavement indicating where the stop shall must be made, but in the absence of a sign or marking, the stop shall must be made at the signal.

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

(4) A vehicle operator who approaches a person using a wheelchair or a device to aid the person to walk at a crosswalk or any other pedestrian crossing shall take necessary precautions to avoid accident or injury to the person using the wheelchair or device. A person who violates this subsection is guilty of a misdemeanor.

(5) A sign prohibiting a turn on a red signal as provided in subsection (1)(c)(ii) shall must be located above or adjacent to the traffic control signal or as close as possible to the point where the turn is made, or at both locations, so that 1 or more of the signs are visible to a vehicle operator intending to turn, at the point where the turn is made. An additional sign may be used at the far side of the intersection in the direct line of vision of the turning vehicle operator.

(6) Subject to federal law, a temporary traffic control signal may be located on, over, or adjacent to the traveled portion of the roadway.

Sec. 679a. (1) A person shall not operate a any of the following on a limited access highway in this state:

(a) A motorcycle with less than a 125 cubic centimeter engine. ,

(b) A moped. ,

(d) A farm tractor , or other self-propelled farm implement. , nor shall a

(2) Except as otherwise provided in this subsection, a pedestrian, bicycle, except as provided in this section, or and other nonmotorized traffic be are not permitted on a limited access highway in this state. Bicycles shall be are permitted on paths constructed separately from the roadway and designated for the exclusive use of bicycles.

(3) (2) A person who violates this section is responsible for a civil infraction.

Chapter VIA

PERSONAL DELIVERY DEVICES

Sec. 775. As used in this chapter:

(a) "Agent" means an employee or other individual authorized to act on behalf of a business entity.

(b) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, sole proprietorship, or other legal entity engaged in business for the purpose of making a profit.

Sec. 776. (1) The operation of a personal delivery device in a pedestrian area or on a highway or street in this state is governed exclusively by this chapter and any applicable local ordinance that is not inconsistent with this chapter.

(2) For purposes of this act, a personal delivery device operated in compliance with this chapter is not a vehicle. Except as otherwise provided by this chapter, a person lawfully operating a personal delivery device has all of the rights and responsibilities applicable to a pedestrian under this act.

Sec. 777. (1) A person may operate a personal delivery device under this chapter only if both of the following requirements are met:

(a) The person is a business entity.

(b) An agent of the business entity has the ability to monitor the personal delivery device while it is being operated and, if necessary, promptly take control of the device's movements.

(2) Except as otherwise provided in this subsection, when a personal delivery device operated by the agent of a business entity is engaged, the business entity is considered the operator of the personal delivery device for purposes of determining conformance to any applicable traffic laws. However, if the agent of the business entity controls the personal delivery device in a manner that is outside the scope of the agent's authority, the agent is considered the operator of the personal delivery device.

(3) A person is not considered the operator of a personal delivery device solely because the person does either of the following:

(a) Requests a delivery or service provided by the device.

(b) Dispatches the device.

Sec. 778. A personal delivery device operated under this chapter must do all of the following:

(a) Comply with the provisions of this act applicable to pedestrians, except as otherwise provided in this chapter and except for those provisions that by their nature cannot apply.

(b) Notwithstanding section 655, when sidewalks are not provided, operate as near to the right side of the highway or street as practicable.

(c) Yield the right-of-way to, or not obstruct the right-of-way of, other traffic, including pedestrians, lawfully within a pedestrian area or lawfully using a highway or street.

(d) Not unreasonably interfere with other traffic, including pedestrians.

(e) If operated between sunset and sunrise, display the lights required by section 780.

(f) Comply with any applicable local ordinance that is not inconsistent with this chapter.

(g) Not transport hazardous materials regulated under 49 USC 5103 and required to be placarded under 49 CFR part 172, subpart F.

(h) Be monitored and controlled as provided in section 777.

Sec. 779. A personal delivery device may be operated under this chapter in the following locations at the following speeds:

(a) In a pedestrian area at a speed of not more than 10 miles per hour.

(b) On the side of a roadway or shoulder of a highway or street at a speed of not more than 20 miles per hour.

Sec. 780. A personal delivery device operated under this chapter must be equipped with all of the following:

(a) A marker that clearly states the name and contact information of the owner and a unique identification number.

(b) Brake equipment that enables the device to come to a controlled stop.

(c) If operated between sunset and sunrise, a lamp on the front of the device that emits a white light visible from a distance of at least 500 feet to the front and a lamp on the rear of the device that emits a red light visible from a distance of at least 500 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle under normal atmospheric conditions.

Sec. 781. (1) A local authority shall not regulate the operation of a personal delivery device in a pedestrian area or on a highway or street in a manner inconsistent with this chapter, including, but not limited to, restricting the hours or zones of operation.

(2) This section does not affect the authority of a local authority's police officers to enforce the laws of this state relating to the operation of a personal delivery device.

Sec. 782. A business entity that operates a personal delivery device shall maintain an insurance policy on each device that includes general liability coverage of not less than $100,000.00 for damages arising from the operation of the device.