August 24, 2011, Introduced by Senators WALKER, BOOHER, CASPERSON, KOWALL, EMMONS, HANSEN, BRANDENBURG, COLBECK and MOOLENAAR and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 682 (MCL 257.682), as amended by 1990 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 682. (1) The driver of a vehicle overtaking or meeting a
school
bus which or public
transit bus 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, 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
as required by this subsection, who passes a school bus or public
transit bus in violation of this subsection, or who fails to stop
for a school bus or public transit bus 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 that 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 which or
public transit bus 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 that the defendant
named in the citation was, at the time of the violation, the
registered owner of the vehicle, shall constitute 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 who
violates this section to perform not to exceed 100 hours of
community service at a school.
(5) As used in this section, "public transit bus" means a bus
used to transport pupils to or from school, which bus 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 according to 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.