Bill Summary – FastDemocracy

HOUSE BILL NO. 5418
     January 30, 2024, Introduced by Reps. Johnsen, Cavitt, Alexander, Jaime Greene, Thompson,
        DeBoyer, Neyer, Rigas, Smit, Friske, Kunse, Bierlein and Hoadley and referred to the
        Committee on Transportation, Mobility and Infrastructure.
          A bill to amend 1949 PA 300, entitled
    "Michigan vehicle code,"
    by amending sections 2, 698, 716, and 907 (MCL 257.2, 257.698,
716, and 257.907), section 2 as amended by 2011 PA 231, section
as amended by 2020 PA 382, section 716 as amended by 2016 PA
    453, and section 907 as amended by 2023 PA 40.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 2. (1) "Authorized emergency vehicle" means any 1 of the
 following:
       (a) Vehicles of the fire department, police vehicles,
 ambulances, privately owned motor vehicles of volunteer or paid
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 fire fighters, or volunteer members of an emergency rescue unit if
 authorized by the chief of an organized fire department, a county
 sheriff, or the director of the department of state police, or
 privately owned motor vehicles of volunteer or paid members of a
 life support agency licensed by the department of licensing and
 regulatory affairs if authorized by the life support agency.
       (b) For purposes of section 698(5)(c) during an emergency, a
 vehicle that is owned and operated by a federally recognized
 nonprofit charitable organization that is and used exclusively for
 assistance during that emergency.
       (c) For purposes of section 653a, a road service vehicle
 giving a visual signal by means of a flashing, rotating, or
 oscillating blue, red, or amber light. As used in this subdivision,
 "road service vehicle" means a vehicle that is clearly marked and
 readily recognizable as a vehicle used to assist disabled vehicles.
       (2) As used in this section:
       (a) "Emergency rescue unit" means an entity with training in a
 specialized discipline exceeding that exceeds the level of training
 for a medical first responders.responder.
       (b) "Life support agency" means that term as defined in
 section 20906 of the public health code, 1978 PA 368, MCL
 333.20906.
       (c) "Medical first responder" means that term as defined in
 section 20906 of the public health code, 1978 PA 368, MCL
 333.20906.
       (d) "Road service vehicle" means a vehicle that is clearly
 marked and readily recognizable as a vehicle used to assist
 disabled vehicles.
       Sec. 698. (1) A motor vehicle may be equipped with not more
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 than 2 side cowl or fender lamps that 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 that emits 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, must be
 covered or otherwise arranged so as not to reflect objectionable
 glare in the eyes of an operator of a vehicle approaching from the
 rear.
         (4) Unless both covered and unlit, a vehicle operated on the
 highways of this state a highway must 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 CFR 571.108. Except as otherwise provided, a lamp or a part
 designed to be a reflector, if visible from the front, must display
 or reflect a white or amber light; if visible from either side,
 must display or reflect an amber or red light; and if visible from
 the rear, must display or reflect a red light.
         (5) The use or possession of flashing, oscillating, rotating,
 or rotating oscillating lights of any color is prohibited except as
 otherwise provided by law or under the following circumstances:
         (a) A police vehicle must 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, this state, or any unit of this
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 state, whether publicly or privately owned, must be equipped with
 flashing, rotating, or oscillating red lights and used as required
 for safety.
       (c) An authorized emergency vehicle 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 clearly visible in a 360-
 degree arc from a distance of 500 feet.
       (d) Flashing, rotating, or oscillating amber or green lights,
 placed in a position as to be visible throughout an arc of 360
 degrees, must be used by a state, county, or municipal vehicle
 engaged in the removal of ice, snow, or other material from the a
 highway and in other operations designed to control ice and snow,
 or engaged in other non-winter operations. This subdivision does
 not prohibit the use of a flashing, rotating, or oscillating green
 light by a fire service.
       (e) A vehicle used for the cleanup of spills or a necessary
 emergency response action taken under state or federal law or a
 vehicle operated by an employee of the department of natural
 resources or the department of environment, Great Lakes, and energy
 that responds to a spill, emergency response action, complaint, or
 compliance activity may be equipped with flashing, rotating, or
 oscillating amber or green lights. The lights described in this
 subdivision must not be activated unless the vehicle is at the
 scene of a spill, emergency response action, complaint, or
 compliance activity. This subdivision does not prohibit the use of
 a flashing, rotating, or oscillating green light by a fire service.
       (f) A vehicle used to perform public utility service, a
 vehicle owned or leased by and licensed as a business for use in
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 the collection and hauling of refuse, an automobile service car or
 wrecker, 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 under 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 or blue lights that must 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 must not be activated except when unless
 the warning produced by the lights is required for public safety. A
 vehicle engaged in authorized highway repair or maintenance may be
 equipped with flashing, rotating, or oscillating amber or green
 lights. This subdivision does not prohibit the operator of a
 vehicle utilized for snow or ice removal under section 682c that is
 and equipped with flashing, rotating, or oscillating amber lights
 from activating the flashing, rotating, or oscillating amber lights
 when that the vehicle is traveling between locations at which it
 where the vehicle is being utilized for snow or ice removal.
       (g) A vehicle engaged in leading or escorting a funeral
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 procession or any vehicle that is part of a funeral procession may
 be equipped with flashing, rotating, or oscillating purple or amber
 lights that must 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 must first obtain written authorization from the county
 sheriff.
       (j) A public transit vehicle may be equipped with a flashing,
 oscillating, rotating, or rotating oscillating light that is
 mounted on the roof of the vehicle approximately 6 feet from the
 rear of the vehicle that and 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 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
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 subsection may possess the lights for the purpose of employment ,
 but shall not activate the lights upon the on a highway unless
 authorized to do so under subsection (6).
       (l) A vehicle used as part of a neighborhood watch program may
 be equipped with flashing, rotating, or oscillating amber lights,
 if the vehicle is clearly identified as a neighborhood watch
 vehicle and the neighborhood watch program is working in
 cooperation with local law enforcement. The lights described in
 this subdivision must not be activated when the vehicle is not
 being used to perform neighborhood watch program duties.
       (m) A road service vehicle may be equipped with flashing,
 rotating, or oscillating blue lights that may be activated only if
 the vehicle is assisting a disabled vehicle at the scene of a
 traffic accident or disablement. As used in this subdivision, "road
 service vehicle" means a vehicle that is clearly marked and readily
 recognizable as a vehicle used to assist disabled vehicles.
       (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 this state, a
 county or municipality within this state, a person engaged in the
 business of operating an ambulance or wrecker service, or a
 federally recognized nonprofit charitable organization that owns
 and operates an emergency support vehicle used exclusively for
 emergencies. This subsection does not prohibit an authorized
 emergency vehicle , equipped with flashing, rotating, or
 oscillating blue or red lights , from being operated by a person
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 other than a person described in this section if the person
 receives authorization to operate the authorized 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 that owns and operates an
 emergency support vehicle used exclusively for emergencies, except
 that the authorization must 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.
         (7) A private motor vehicle of a security guard agency or
 alarm company licensed under the private security business and
 security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, may
 display flashing, rotating, or oscillating amber lights. The
 flashing, rotating, or oscillating amber lights must not be
 activated on a public highway when a the vehicle is in motion.
         (8) This section does not prohibit, restrict, or limit the use
 of lights authorized or required under sections 697, 697a, and
 698a.
         (9) A person who operates a vehicle in violation of this
 section is responsible for a civil infraction. and shall be ordered
 to pay a civil fine of not more than $100.00.
         Sec. 716. (1) Unless specifically declared to be a civil
 infraction, it is a misdemeanor for a A person to shall not drive
 or move or for the a vehicle's owner to shall not cause or permit
 to be driven or moved on a highway a vehicle or vehicles of a size
 or weight exceeding the limitations stated in this chapter or
 otherwise in violation of this chapter, and the maximum size and
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 weight specified in this chapter are lawful throughout this state.
 , and local Local authorities shall not alter those the size and
 weight limitations except as express authority is granted in this
 chapter.
       (2) The provision provisions of this chapter governing that
 govern size, weight, and load do not apply to a fire apparatus, to
 an implement of husbandry, a boat lift or oversized hydraulic boat
 trailer owned and operated by a marina or watercraft dealer used
 exclusively in a commercial boat storage operation and incidentally
 moved upon on a highway, a combination of vehicles described in,
 and under the conditions provided by, subsection (4), or to a
 vehicle operated under the terms of a special permit issued as
 provided in this chapter.
       (3) The state transportation department, under the
 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
 24.328, may promulgate rules permitting and regulating the
 operation of a vehicle or vehicles of a size or weight that exceeds
 the size or weight limitations in this chapter. The rules may
 restrict or proscribe the conditions of operation of a vehicle or
 vehicles of a size or weight that exceeds the size or weight
 limitations in this chapter, if the restriction or proscription is
 necessary to protect the public safety or to prevent undue damage
 to a road foundation or surface, a structure, or an installation.
 The rules may provide for a reasonable inspection fee for an
 inspection of a vehicle or vehicles to determine whether their
 sizes and weights are in conformance with this act, and may require
 other security necessary to compensate for damage caused by the
 vehicle or vehicles described in this subsection.
       (4) A wrecker and a disabled vehicle, or a wrecker and a
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 combination of a disabled vehicle and 1 trailer, that exceeds the
 size and weight limitations in this chapter may be operated upon on
 the highways of this state under the following conditions:
       (a) The wrecker is specifically designed for such towing
 operations, is equipped with flashing, oscillating, rotating, or
 rotating oscillating amber, or red, or blue lights as permitted
 under section 698, and is capable of utilizing the lighting and
 braking systems of the disabled vehicle or combination of disabled
 vehicles if those systems are operational.
       (b) For a combination of disabled vehicles, the wrecker is
 issued a special permit under section 725 by the state
 transportation department. The special permit is valid for the
 entire towing distance, and the operator of the wrecker may remove
 the disabled vehicles from the roadway at any lawful point of his
 or her choosing that the operator chooses within that distance.
       (c) For a single disabled vehicle, the wrecker is issued a
 special permit under section 725 by the sta