April 20, 2006, Introduced by Senators McMANUS, KUIPERS, BIRKHOLZ, GEORGE, GARCIA, ALLEN and LELAND and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 612 and 660 (MCL 257.612 and 257.660), section
612 as amended by 1990 PA 33 and section 660 as amended by 2002 PA
494, and by adding sections 660a, 660b, 660c, and 660d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 612. (1) When traffic is controlled by traffic control
signals,
not less fewer
than 1 signal shall be located over the
traveled
portion of the roadway so as to give
drivers vehicle
operators
a clear indication of the right
of way right-of-way
assignment from their normal positions approaching the
intersection. The vehicle signals shall 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 drivers of
vehicles
vehicle operators intending to make the movement
indicated by the arrow. The following colors shall be used, and the
terms
and lights shall indicate and shall apply to
drivers of
vehicles
vehicle operators as follows:
(a) If the signal exhibits a green indication, vehicular
traffic
facing the signal , except when prohibited under section
664,
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
right-of-way to other vehicles and to pedestrians 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.
(c) If the signal exhibits a steady red indication, the
following shall
apply:
(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
to pedestrians 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 right-
of-way to pedestrians 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
shall
be applicable apply except
as to for those
provisions
which
that by their nature cannot have application apply.
Any
stop required shall be made at a sign or marking on the pavement
indicating
where the stop shall be made, but
, in
the absence of
a sign or marking, the stop shall be made at the signal.
(3) A person who violates subsection (1) or (2) is responsible
for a civil infraction.
(4)
A driver of 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 such
necessary
precautions as
may be necessary 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 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 driver 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 driver vehicle
operator.
Sec.
660. (1) A person operating a bicycle, an electric
personal assistive mobility device, low-speed vehicle, or moped
upon a roadway shall ride as near to the right side of the roadway
as practicable, exercising due care when passing a standing vehicle
or one proceeding in the same direction. A motorcycle is entitled
to full use of a lane, and a motor vehicle shall not be driven in
such a manner as to deprive a motorcycle of the full use of a lane.
This
subsection shall does
not apply to motorcycles operated 2
abreast in a single lane.
(2)
A person riding a bicycle, an electric personal
assistive mobility device, motorcycle, or moped upon a roadway
shall not ride more than 2 abreast except on a path or part of a
roadway set aside for the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is
provided
adjacent to a roadway, a bicycle rider or highway or
street, an electric personal assistive mobility device operator
may,
by local ordinance, be required to use that path. Where a
usable
and designated path for bicycles is provided adjacent to a
roadway,
a bicycle rider who is less than 16 years of age shall use
that
path unless accompanied by an adult.
(4) A person operating a motorcycle, moped, low-speed vehicle,
or
electric personal assistive mobility
device , or bicycle shall
not pass between lines of traffic, but may pass on the left of
traffic moving in his or her direction in the case of a 2-way
street ,
or on the left or right of traffic in the case of a
1-
way street, in an unoccupied lane.
(5)
A person operating a bicycle or an electric personal
assistive mobility device on a sidewalk constructed for the use of
pedestrians
shall yield the right of way right-of-way to a
pedestrian and shall give an audible signal before overtaking and
passing the pedestrian.
(6) A moped or low-speed vehicle shall not be operated on a
sidewalk constructed for the use of pedestrians.
(7) A low-speed vehicle shall be operated at a speed of not to
exceed
25 miles per hour and shall not be operated on a highway ,
road,
or street with a speed limit of more than 35 miles
per hour
except
for the purpose of crossing that highway , road, or
street. The state transportation department may prohibit the
operation of a low-speed vehicle on any highway or street under its
jurisdiction if it determines that the prohibition is necessary in
the interest of public safety.
(8)
This section shall does
not apply to a police officer in
the performance of his or her official duties.
(9) An electric personal assistive mobility device shall be
operated at a speed not to exceed 15 miles per hour and shall not
be
operated on a roadway highway or street with a
speed limit of
more
than 25 miles per hour except to cross that roadway highway
or street.
(10) The governing body of a county, a city, a village, an
entity created under the urban cooperation act of 1967, 1967 (Ex
Sess) PA 7, MCL 124.501 to 124.512, or a township may, by
ordinance, which is based on the health, safety, and welfare of the
citizens, regulate the operation of electric personal assistive
mobility
devices on sidewalks, roadways highways or streets, or
crosswalks. Except as otherwise provided in this subsection, a
governing
body of a county, city, village, an entity created
under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL
124.501 to 124.512, or township may prohibit the operation of
electric personal assistive mobility devices in an area open to
pedestrian traffic adjacent to a waterfront or on a trail under
their jurisdiction or in a downtown or central business district.
Signs indicating the regulation shall be conspicuously posted in
the area where the use of an electric personal assistive mobility
device is regulated.
(11) Operation of an electric personal assistive mobility
device is prohibited in a special charter city and a state park
under the jurisdiction of the Mackinac Island state park
commission.
(12) Operation of an electric personal assistive mobility
device may be prohibited in a historic district.
(13) The department of natural resources may by order regulate
the use of electric personal assistive mobility devices on all
lands under its control.
Sec. 660a. A person operating a bicycle upon a highway or
street at less than the existing speed of traffic shall ride as
close as practicable to the right-hand curb or edge of the roadway
except as follows:
(a) When overtaking and passing another bicycle or any other
vehicle proceeding in the same direction.
(b) When preparing to turn left at an intersection or onto a
private road or driveway.
(c) When reasonably necessary to avoid conditions, including,
but not limited to, fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards, or
substandard width lanes, that make it unsafe to continue along the
right-hand curb or edge. For purposes of this subdivision,
"substandard width lane" means a lane that is too narrow for a
bicycle and a vehicle to travel safely side by side within the
lane.
(d) When operating a bicycle in a lane in which the traffic
immediately in front of the individual is turning right but the
individual intends to go straight through the intersection.
(e) When operating a bicycle upon a 1-way highway or street
that has 2 or more marked traffic lanes, in which case the
individual may ride as near the left-hand curb or edge of that
roadway as practicable.
Sec. 660b. Two or more individuals operating bicycles upon a
highway or street shall not ride more than 2 abreast except upon a
path or portion of the highway or street set aside for the use of
bicycles.
Sec. 660c. (1) An individual operating a bicycle upon a
sidewalk or a pedestrian crosswalk shall yield the right-of-way to
pedestrians and shall give an audible signal before overtaking and
passing a pedestrian.
(2) An individual shall not operate a bicycle upon a sidewalk
or a pedestrian crosswalk if that operation is prohibited by an
official traffic control device.
(3) An individual lawfully operating a bicycle upon a sidewalk
or a pedestrian crosswalk has all of the rights and
responsibilities applicable to a pedestrian using that sidewalk or
crosswalk.
Sec. 660d. (1) An individual may park a bicycle on a sidewalk
except as prohibited by an official traffic control device.
(2) An individual shall not park a bicycle on a sidewalk in
such a manner that the bicycle impedes the lawful movement of
pedestrians or other traffic.
(3) An individual may park a bicycle on a highway or street at
any location where parking is allowed for motor vehicles, may park
at any angle to the curb or the edge of the highway, and may park
abreast of another bicycle.
(4) An individual shall not park a bicycle on a highway or
street in such a manner as to obstruct the movement of a legally
parked motor vehicle.
(5) Except as otherwise provided in this section, an
individual parking a bicycle on a highway or street shall do so in
compliance with this act and any local ordinance.