January 22, 2007, Introduced by Rep. Opsommer 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 653b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 653b. (1) Upon approaching and passing a stationary solid
waste collection vehicle, a utility service vehicle, or a road
maintenance vehicle that is giving a visual signal by means of
flashing, rotating, or oscillating amber lights as permitted by
section 698, 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 solid waste
collection vehicle, the utility service vehicle, or the road
maintenance 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 solid waste collection vehicle, the utility service
vehicle, or the road maintenance vehicle. 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
solid waste collection vehicle, the utility service vehicle, or the
road maintenance 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.
(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 an
employee of the solid waste hauler, the utility provider, or the
road maintenance authority in the immediate area of the stationary
solid waste collection 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 an
employee of the solid waste hauler, the utility provider, or the
road maintenance authority in the immediate area of the stationary
solid waste collection vehicle is guilty of a felony punishable by
a fine of not more than $7,500.00 or by imprisonment for not more
than 15 years, or both.
(5) As used in this section:
(a) "Solid waste" means that term as defined in section 11506
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.11506.
(b) "Solid waste collection vehicle" means a solid waste
transporting unit that is used for the curbside collection of
municipal solid waste.
(c) "Solid waste hauler" means that term as defined in section
11506 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.11506.
(d) "Solid waste transporting unit" means that term as defined
in section 11506 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11506.
(e) "Utility provider" means an entity that does any of the
following and that is regulated as a utility under the laws of this
state or of the United States:
(i) Generates or distributes electrical power to the public.
(ii) Generates or distributes natural gas to the public.
(iii) Provides sewage collection services to the public.
(iv) Provides water distribution services to the public.
(v) Provides telephone services to the public.
(vi) Provides cable or video services to the public.
(f) "Utility service vehicle" means a vehicle owned or
operated by a utility provider.
(g) "Road maintenance authority" means any of the following:
(i) The state department of transportation.
(ii) A local authority.
(iii) An entity operating under contract with the state
department of transportation or a local authority to provide road
construction or road maintenance services.
(h) "Road maintenance vehicle" means a vehicle owned or
operated by a road maintenance authority.