September 15, 2011, Introduced by Rep. Franz and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 682 and 688 (MCL 257.682 and 257.688), section
682 as amended by 1990 PA 188 and section 688 as amended by 2006 PA
14, and by adding section 45b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 45b. "Public transit bus" means a bus used to transport
passengers that is operated by a public transit agency operating
under any of the following:
(a) A county, city, township, or village as provided by law or
other authority incorporated under 1963 PA 55, MCL 124.351 to
124.359.
(b) An authority incorporated under the metropolitan
transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to
124.426, or that operates a transportation service according to an
interlocal agreement under the urban cooperation act of 1967, 1967
(Ex Sess) PA 7, MCL 124.501 to 124.512.
(c) A contract entered into under 1967 (Ex Sess) PA 8, MCL
124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.
(d) An authority incorporated under the public transportation
authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit
corporation organized under the nonprofit corporation act, 1982 PA
162, MCL 450.2101 to 450.3192, that provides transportation
services.
(e) An authority financing public improvements to
transportation systems under the revenue bond act of 1933, 1933 PA
94, MCL 141.101 to 141.140.
Sec. 682. (1) The driver of a vehicle overtaking or meeting a
school bus or public transit bus equipped under section 688(4)
which
that has stopped and is displaying 2 alternately flashing
red
lights located at the same level shall bring the vehicle to a full
stop not less than 20 feet from the school bus or public transit
bus and shall not proceed until the school bus or public transit
bus resumes motion or the visual signals are no longer actuated. At
an intersection where traffic is controlled by an officer or a
traffic stop-and-go signal a vehicle need not be brought to a full
stop before passing a stopped school bus or public transit bus
equipped under section 688(4), but may proceed past the school bus
or public transit bus at a speed not greater than is reasonable and
proper but not greater than 10 miles an hour and with due caution
for the safety of passengers being received or discharged from the
school bus or public transit bus. The driver of a vehicle who fails
to stop for a school bus or public transit bus equipped under
section 688(4) as required by this subsection, who passes a school
bus or public transit bus equipped under section 688(4) in
violation of this subsection, or who fails to stop for a school bus
or public transit bus equipped under section 688(4) in violation of
an ordinance that complies with this subsection, is responsible for
a civil infraction.
(2) The driver of a vehicle upon a highway which has been
divided into 2 roadways by leaving an intervening space, or by a
physical barrier, or clearly indicated dividing sections so
constructed as to impede vehicular traffic, need not stop upon
meeting a school bus or public transit bus equipped under section
688(4)
which that has
stopped across the dividing space, barrier,
or section.
(3) In a proceeding for a violation of subsection (1), proof
that
the particular vehicle described in the citation was in
violation
of subsection (1) , together with proof and that
the
defendant named in the citation was, at the time of the violation,
the
registered owner of the vehicle, shall constitute creates a
presumption
in evidence a presumption that
the registered owner of
the vehicle was the driver of the vehicle at the time of the
violation.
(4) In addition to the civil fine and costs provided for a
civil infraction under section 907, the judge, district court
referee,
or district court magistrate may order a person an
individual who violates this section to perform not to exceed 100
hours of community service at a school.
Sec. 688. (1) In addition to other equipment required in this
chapter, the following vehicles shall be equipped as provided in
this section under the conditions stated in section 687:
(a)
On every bus or truck, whatever its size, there shall be
on the rear, 2 red reflectors, 1 on each side, and 1 red or amber
stop light.
(b) On every bus or truck 80 inches or more in overall width,
in addition to the requirements in subdivision (a), the following:
(i) On the front, 2 clearance lamps, 1 at each side.
(ii) On the rear, 2 clearance lamps, 1 at each side.
(iii) On each side, 2 side marker lamps, 1 at or near the front
and 1 at or near the rear.
(iv) On each side, 2 reflectors, 1 at or near the front and 1
at or near the rear.
(v) Three identification lamps, mounted on the vertical
centerline of the vehicle or the vertical centerline of the cab
where different from the centerline of the vehicle, except that,
where the cab is not more than 42 inches wide at the front
roofline,
a single lamp at the center of the cab shall be
considered
to comply complies with the requirements for
identification lamps. The identification lamps or their mounts
shall not extend below the top of the vehicle windshield.
(c) On every truck tractor, the following:
(i) On the front, 2 clearance lamps, 1 at each side.
(ii) On the rear, 1 stop light.
(d) On every trailer, pickup camper, or semitrailer having a
gross weight in excess of 3,000 pounds, the following:
(i) On the front, 2 clearance lamps, 1 at each side.
(ii) On each side, 2 side marker lamps, 1 at or near the front
and 1 at or near the rear.
(iii) On each side, 2 reflectors, 1 at or near the front and 1
at or near the rear.
(iv) On the rear, 2 clearance lamps, 1 at each side, also 2
reflectors, 1 at each side, and 1 stop light.
(e) On every poletrailer, the following:
(i) On each side, 1 side marker lamp and 1 clearance lamp,
which may be in combination, to show to the front, side, or rear.
(ii) On the rear of the poletrailer or load, 2 reflectors, 1 on
each side.
(f) On every trailer, pickup camper, or semitrailer weighing
3,000 pounds gross or less, on the rear, 2 reflectors, 1 on each
side. if
If any trailer or semitrailer is so loaded or is of
such
dimensions as to obscure the stop light on the towing vehicle, then
such
vehicle the trailer or
semitrailer shall also be equipped with
1 stop light.
(g) Subject to subsection (3), when operated on the highway,
on
every vehicle which that has
a maximum potential speed of 25
miles an hour, implement of husbandry, farm tractor, or special
mobile
equipment, shall be identified with a reflective device
as
follows:
(i) An equilateral triangle in shape, at least 16 inches wide
at
the base and at least 14 inches in height, : with a dark red
border , at least 1-3/4 inches wide of highly reflective
beaded
material.
(ii) A center triangle, at least 12-1/4 inches on each side, of
yellow-orange fluorescent material.
(2)
The A device described in subdivision (g) subsection
(1)(g) shall be mounted on the rear of the vehicle, broad base
down, not less than 3 feet nor more than 5 feet above the ground
and as near the center of the vehicle as possible. The use of this
reflective
device is restricted to use on slow moving vehicles
specified in this section, and use of such reflective device on any
other type of vehicle or stationary object on the highway is
prohibited. On the rear, at each side, red reflectors or
reflectorized material shall be visible from all distances within
500 to 50 feet to the rear when directly in front of lawful upper
beams of headlamps.
(3) An implement of husbandry manufactured on or after January
1, 2007 shall comply with section 684a.
(4) A public transit bus may, but is not required to, be
equipped with signal lights that satisfy the requirements of
section 19 of the pupil transportation act, 1990 PA 187, MCL
257.1819, and a stop signal arm and other safety implements as
required for school buses by 49 CFR part 571.