August 5, 2009, Introduced by Senator STAMAS and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 653c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 653c. (1) Upon approaching and passing a stationary
postal delivery vehicle, the driver of an approaching vehicle shall
exhibit due care and caution, as required under the following:
(a) On any public roadway with at least 2 adjacent lanes
proceeding in the same direction of the stationary postal delivery
vehicle, the driver of the approaching vehicle shall proceed with
caution and yield the right-of-way by moving into a lane at least 1
moving lane or 2 vehicle widths apart from the stationary postal
delivery vehicle, unless directed otherwise by a police officer. If
movement to an adjacent lane or 2 vehicle widths apart is not
possible due to weather, road conditions, or the immediate presence
of vehicular or pedestrian traffic in parallel moving lanes, the
driver of the approaching vehicle shall proceed as required in
subdivision (b).
(b) On any public roadway that does not have at least 2
adjacent lanes proceeding in the same direction as the stationary
postal delivery vehicle, or if the movement by the driver of the
vehicle into an adjacent lane or 2 vehicle widths apart is not
possible as described in subdivision (a), the approaching vehicle
shall reduce and maintain a safe speed for weather, road
conditions, and vehicular or pedestrian traffic and proceed with
due care and caution, or as directed by a police officer.
(2) Except as provided in subsections (3) and (4), a person
who violates this section is guilty of a misdemeanor punishable by
a fine of not more than $500.00 or imprisonment for not more than
90 days, or both.
(3) A person who violates this section and causes injury to a
postal worker or contract postal worker in the immediate area of
the stationary postal delivery vehicle is guilty of a felony
punishable by a fine of not more than $1,000.00 or imprisonment for
not more than 2 years, or both.
(4) A person who violates this section and causes death to
postal worker or contract postal worker in the immediate area of
the stationary postal delivery vehicle is guilty of a felony
punishable by a fine of not more than $7,500.00 or imprisonment for
not more than 15 years, or both.
(5) As used in this section:
(a) "Contract postal worker" means an individual working under
contract with the United States postal service to collect or
deliver United States mail.
(b) "Postal delivery vehicle" means a vehicle owned or
operated by the United States postal service or a contract postal
worker to collect or deliver United States mail and that is clearly
marked as a vehicle used for that purpose.
(c) "Postal worker" means an individual employed by the United
States postal service to collect or deliver United States mail.