SENATE BILL NO. 779
March 12, 2024, Introduced by Senator ALBERT and referred to the Committee on
Appropriations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 653a (MCL 257.653a), as amended by 2018 PA 349;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 653a. (1) Upon approaching and passing a stationary
2 authorized emergency vehicle that is giving a visual signal by
3 means of flashing, rotating, or oscillating red, blue, white, or
4 amber lights as permitted by section 698, or by means of front and
5 rear warning lamps as permitted by section 698a, the driver of an
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1 approaching vehicle shall exhibit due care and caution, as required
2 under the following:
3 (a) On any public roadway with at least 2 adjacent lanes
4 proceeding in the same direction of the stationary authorized
5 emergency vehicle, the driver of the approaching vehicle shall
6 proceed with caution, reduce his or her speed by at least 10 miles
7 per hour below the posted speed limit, and yield the right-of-way
8 by moving into a lane at least 1 moving lane or 2 vehicle widths
9 apart from the stationary authorized emergency vehicle, unless
10 directed otherwise by a police officer. If movement to an adjacent
11 lane or 2 vehicle widths apart is not possible due to weather, road
12 conditions, or the immediate presence of vehicular or pedestrian
13 traffic in parallel moving lanes, the driver of the approaching
14 vehicle shall proceed as required in subdivision (b).
15 (b) On any public roadway that does not have at least 2
16 adjacent lanes proceeding in the same direction as the stationary
17 authorized emergency vehicle, or if the movement by the driver of
18 the vehicle into an adjacent lane or 2 vehicle widths apart is not
19 possible as described in subdivision (a), the approaching vehicle
20 driver shall proceed with due care and caution and reduce his or
21 her speed by at least 10 miles per hour below the posted speed
22 limit, or as directed by a police officer.
23 (2) Except as provided in this subsection and subsections (3)
24 and (4), a person who violates this section is guilty of a
25 misdemeanor punishable by a fine of not more than $500.00 or
26 imprisonment for not more than 90 days, or both. Beginning 60 days
27 after the effective date of the amendatory act that amended this
28 subsection, except as provided in subsections (3) and (4), a person
29 an individual who violates this section is responsible for a civil
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1 infraction and shall must be ordered to pay a civil fine of
2 $400.00.
3 (3) A person An individual who violates this section and
4 causes injury to a police officer, firefighter, or other emergency
5 response personnel in the immediate area of the a stationary
6 authorized emergency vehicle is guilty of a felony punishable by a
7 fine of not more than $1,000.00 or imprisonment for not more than 2
8 years, or both.
9 (4) A person An individual who violates this section and
10 causes death to a police officer, firefighter, or other emergency
11 response personnel in the immediate area of the a stationary
12 authorized emergency vehicle is guilty of a felony punishable by a
13 fine of not more than $7,500.00 or by imprisonment for not more
14 than 15 years, or both.
15 (5) The operator driver of a vehicle upon on a highway that
16 has been divided into 2 roadways by leaving an intervening space,
17 or by a physical barrier or clearly indicated dividing sections so
18 constructed as to impede vehicular traffic, is not required to
19 proceed with caution, reduce his or her speed, or yield the right-
20 of-way for an authorized emergency a stationary vehicle that is
21 stopped across the dividing space, barrier, or section.
22 (6) This section does not prohibit an individual from being
23 charged with, convicted of, or punished for any other violation of
24 law.
25 Enacting section 1. Section 653b of the Michigan vehicle code,
26 1949 PA 300, MCL 257.653b, is repealed.
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Statutes affected:
Senate Introduced Bill: 257.653