SB-0265, As Passed Senate, May 2, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 265

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

than 2 side cowl or fender lamps which 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 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 of a vehicle approaching from the rear.

 

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

 

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, or a motor vehicle owned by a

 

volunteer member of an emergency management unit of a local

 

governmental entity if authorized by the local governmental entity,

 

may be equipped with flashing, rotating, or oscillating amber

 

lights. Such Those 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 removal, 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 or white

 

lights. However, a wrecker may be equipped with flashing, rotating,

 

or oscillating red lights which 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 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 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 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 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) An authorized emergency vehicle may be equipped with

 

flashing, rotating, or oscillating green lights, for use only when

 

the authorized emergency vehicle is the on-site command vehicle at

 

the scene of an emergency.

 

     (l) (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 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 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.

 

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

 


alarm company licensed pursuant to the private security guard

 

business and security alarm act, of 1968, 1968 PA 330, MCL 338.1051

 

to 338.1085 338.1083, 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 prohibit, restrict,

 

or limit the use of lights authorized or required under sections

 

697, 697a, and 698a.

 

     (9) A person who violates subsection (1), (2), (3), or (4) is

 

responsible for a civil infraction.