HB-4146, As Passed House, June 14, 2012HB-4146, As Passed Senate, June 14, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4146

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 698 (MCL 257.698), as amended by 1998 PA 247

 

and by adding section 682c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 682c. (1) A person shall not operate a commercial snow

 

removal vehicle to remove snow or ice on a public street or highway

 

or in a parking lot accessible for use by the public unless the

 

vehicle is operated with at least 1 flashing, rotating, or

 

oscillating yellow or amber light that is clearly visible in a 360-

 

degree arc from a distance of 500 feet when in use.

 

     (2) A person who owns or leases a commercial snow removal

 

vehicle shall not knowingly allow a person to operate that vehicle

 

in violation of subsection (1).

 

     (3) A person who violates this section is guilty of a


 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $500.00, or both.

 

     (4) As used in this section:

 

     (a) "Commercial snow removal vehicle" means a vehicle equipped

 

with a plow or other device that is used to remove snow or ice for

 

payment or other remuneration.

 

     (b) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     Sec. 698. (1) A motor vehicle may be equipped with not more

 

than 2 side cowl or fender lamps which that shall emit an amber or

 

white light without glare.

 

     (2) A motor vehicle may be equipped with not more than 1

 

running board courtesy lamp on each side which that shall emit a

 

white or amber light without glare.

 

     (3) Backing lights of red, amber, or white may be mounted on

 

the rear of a motor vehicle if the switch controlling the light is

 

so arranged that the light may be turned on only if the vehicle is

 

in reverse gear. The backing lights when unlighted shall be covered

 

or otherwise arranged so as not to reflect objectionable glare in

 

the eyes of a driver an operator of a vehicle approaching from the

 

rear.

 

     (4) Unless both covered and unlit, a vehicle driven operated

 

on the highways of this state shall not be equipped with a lamp or

 

a part designed to be a reflector unless expressly required or

 

permitted by this chapter or that meets the standards prescribed in

 

49 C.F.R. CFR 571.108. A lamp or a part designed to be a reflector,

 

if visible from the front, shall display or reflect a white or


House Bill No. 4146 (H-1) as amended November 30, 2011

 

amber light; if visible from either side, shall display or reflect

 

an amber or red light; and if visible from the rear, shall display

 

or reflect a red light, except as otherwise provided by law.

 

     (5) The use or possession of flashing, oscillating, or

 

rotating lights of any color is prohibited except as otherwise

 

provided by law, or under the following circumstances:

 

     (a) A police vehicle shall be equipped with flashing,

 

rotating, or oscillating red or blue lights, for use in the

 

performance of police duties.

 

     (b) A fire vehicle or ambulance available for public use or

 

for use of the United States, the state, or any unit of the state,

 

whether publicly or privately owned, shall be equipped with

 

flashing, rotating, or oscillating red lights and used as required

 

for safety.

 

     (c) An authorized emergency vehicle as defined in section 2

 

may be equipped with flashing, rotating, or oscillating red lights

 

for use when responding to an emergency call if when in use the

 

flashing, rotating, or oscillating red lights are mounted on the

 

roof section of the vehicle, either as a permanent installation or

 

by means of suction cups or magnets and are clearly visible in a

 

360-degree arc from a distance of 500 feet when in use. A person

 

operating lights under this subdivision at any time other than when

 

responding to an emergency call is guilty of a misdemeanor.

 

     (d) Flashing, rotating, or oscillating amber lights, placed in

 

a position as to be visible throughout an arc of 360 degrees, shall

 

be used by a state, county, or municipal vehicle engaged in the

 

removal of [ice, snow, or other] material from the highway[  and in


House Bill No. 4146 (H-1) as amended November 30, 2011

 

other operations designed to control ice and snow.]

 

     (e) A vehicle used for the cleanup of spills or a necessary

 

emergency response action taken pursuant to state or federal law or

 

a vehicle operated by an employee of the department of natural

 

resources that responds to a spill, emergency response action,

 

complaint, or compliance activity may be equipped with flashing,

 

rotating, or oscillating amber lights. Such lights shall not be

 

activated unless the vehicle is at the scene of a spill, emergency

 

response action, complaint, or compliance activity.

 

     (f) A vehicle to perform public utility service, a vehicle

 

owned or leased by and licensed as a business for use in the

 

collection and hauling of refuse, an automobile service car or

 

wrecker, a vehicle engaged in authorized highway repair or

 

maintenance, a vehicle of a peace officer, a vehicle operated by a

 

rural letter carrier or a person under contract to deliver

 

newspapers or other publications by motor route, a vehicle utilized

 

for snow or ice removal under section 682c, a private security

 

guard vehicle as authorized in subsection (7), a motor vehicle

 

while engaged in escorting or transporting an oversize load that

 

has been issued a permit by the state transportation department or

 

a local authority with respect to highways under its jurisdiction,

 

a vehicle owned by the national guard or a United States military

 

vehicle while traveling under the appropriate recognized military

 

authority, a motor vehicle while towing an implement of husbandry,

 

or an implement of husbandry may be equipped with flashing,

 

rotating, or oscillating amber lights. However, a wrecker may be

 

equipped with flashing, rotating, or oscillating red lights which


 

that shall be activated only when the wrecker is engaged in

 

removing or assisting a vehicle at the scene of a traffic accident

 

or disablement. The flashing, rotating, or oscillating amber lights

 

shall not be activated except in those circumstances that when the

 

warning produced by the lights is required for public safety.

 

     (g) A vehicle engaged in leading or escorting a funeral

 

procession or any vehicle that is part of a funeral procession may

 

be equipped with flashing, rotating, or oscillating purple or amber

 

lights which that shall not be activated except during a funeral

 

procession.

 

     (h) An authorized emergency vehicle may display flashing,

 

rotating, or oscillating white lights in conjunction with an

 

authorized emergency light as prescribed in this section.

 

     (i) A private motor vehicle of a physician responding to an

 

emergency call may be equipped with and the physician may use

 

flashing, rotating, or oscillating red lights mounted on the roof

 

section of the vehicle either as a permanent installation or by

 

means of magnets or suction cups and clearly visible in a 360-

 

degree arc from a distance of 500 feet when in use. The physician

 

shall first obtain written authorization from the county sheriff.

 

     (j) A public transit vehicle may be equipped with a flashing,

 

oscillating, or rotating light mounted on the roof of the vehicle

 

approximately 6 feet from the rear of the vehicle which that

 

displays a white light to the front, side, and rear of the vehicle,

 

which light may be actuated by the driver for use only in inclement

 

weather such as fog, rain, or snow, when boarding or discharging

 

passengers, from 1/2 hour before sunset until 1/2 hour after


 

sunrise, or where when conditions hinder the visibility of the

 

public transit vehicle. As used in this subdivision, "public

 

transit vehicle" means a motor vehicle, other than a station wagon

 

or passenger van, with a gross vehicle weight rating of more than

 

10,000 pounds.

 

     (k) A person engaged in the manufacture, sale, or repair of

 

flashing, rotating, or oscillating lights governed by this

 

subsection may possess the lights for the purpose of employment,

 

but shall not activate the lights upon the highway unless

 

authorized to do so under subsection (6).

 

     (6) A person shall not sell, loan, or otherwise furnish a

 

flashing, rotating, or oscillating blue or red light designed

 

primarily for installation on an authorized emergency vehicle to a

 

person except a police officer, sheriff, deputy sheriff, authorized

 

physician, volunteer or paid fire fighter, volunteer ambulance

 

driver, licensed ambulance driver or attendant of the state, a

 

county or municipality within the state, a person engaged in the

 

business of operating an ambulance or wrecker service, or a

 

federally recognized nonprofit charitable organization which that

 

owns and operates an emergency support vehicle used exclusively for

 

emergencies. This subsection does not prohibit an authorized

 

vehicle, equipped with flashing, rotating, or oscillating blue or

 

red lights, from being operated by a person other than a person

 

described in this section if the person receives authorization to

 

operate the emergency vehicle from a police officer, sheriff,

 

deputy sheriff, authorized physician, volunteer or paid fire

 

fighter, volunteer ambulance driver, licensed ambulance driver or


 

attendant, a person operating an ambulance or wrecker service, or a

 

federally recognized nonprofit charitable organization which that

 

owns and operates an emergency support vehicle used exclusively for

 

emergencies, except that the authorization shall not permit the

 

person to operate lights as described in subsection (5)(a), (b),

 

(c), (i), or (j), or to exercise the privileges described in

 

section 603. A person who operates an authorized emergency vehicle

 

in violation of the terms of an authorization is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $100.00, or both.

 

     (7) A private motor vehicle of a security guard agency or

 

alarm company licensed pursuant to under the private security guard

 

act of 1968, business and security alarm act, 1968 PA 330, MCL

 

338.1051 to 338.1085 338.1092, may display flashing, rotating, or

 

oscillating amber lights. The flashing, rotating, or oscillating

 

amber lights shall not be activated on a public highway when a

 

vehicle is in motion.

 

     (8) This section shall not be construed to does not prohibit,

 

restrict, or limit the use of lights authorized or required under

 

sections 697, 697a, and 698a.

 

     (9) A person who violates operates a vehicle in violation of

 

subsection (1), (2), (3), or (4) is responsible for a civil

 

infraction.