Bill Text: MI HB4265 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; exception for bicycles, motorcycles, mopeds, or 3-wheeled vehicles to proceed through automated stoplights if traffic control signal not detecting their presence; provide under certain circumstances. Amends sec. 611 of 1949 PA 300 (MCL 257.611).

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2013-02-19 - Printed Bill Filed 02/15/2013 [HB4265 Detail]

Download: Michigan-2013-HB4265-Introduced.html

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HOUSE BILL No. 4265

 

February 14, 2013, Introduced by Reps. Shirkey, Pagel, Foster, Heise, LaVoy, Geiss and Franz and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 611 (MCL 257.611).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 611. (1) The driver of a vehicle or operator of a

 

streetcar shall not disobey the instructions of a traffic control

 

device placed in accordance with this chapter unless at the time

 

otherwise directed by a police officer, or as provided in

 

subsection (3).

 

     (2) The driver of a vehicle shall not, for the purpose of

 

avoiding obedience to a traffic control device placed in accordance

 

with this chapter, drive upon or through private property, or upon

 

or through public property which that is not a street or highway.

 

     (3) The driver of a bicycle, motorcycle, moped, or 3-wheeled

 

vehicle may proceed through the stop signal of an automated

 

stoplight if, after 1 full cycle of the automated stoplight after

 

the driver makes his or her stop, or after 60 seconds if the

 

automated stoplight is not cycling or the driver is unable to

 

determine whether the automated stoplight is cycling, the automated

 

stoplight fails to detect the presence of the bicycle, motorcycle,

 

moped, or 3-wheeled vehicle for the purpose of making a signal

 

change. The driver of a bicycle, motorcycle, moped, or 3-wheeled

 

vehicle proceeding through a stop signal in compliance with this

 

section shall nevertheless yield the right-of-way to other bicycles

 

or vehicles in the manner required by the stop signal. As used in

 

this section, "automated stoplight" means a stoplight that uses

 

inductive loop sensors or other automated technology to detect the

 

presence of vehicles for the purpose of regulating traffic flow.

 

     (4) In a proceeding for a violation of this section, there is

 

a presumption that an automated stoplight has failed to detect a

 

bicycle, motorcycle, moped, or 3-wheeled vehicle that proceeds

 

through a stop signal at an automated stoplight. A presumption

 

under this subsection may be rebutted by testimony of a law

 

enforcement officer that he or she witnessed the bicycle,

 

motorcycle, moped, or 3-wheeled vehicle proceed through the stop

 

signal before completion of 1 full cycle of the automated stoplight

 

or less than 60 seconds after making its stop.

 

     (5) (3) A person who violates this section is responsible for

 

a civil infraction.