Bill Text: MI HB4265 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; traffic regulation; requirement for operator of a motor vehicle to maintain a 5-foot distance when passing a bicyclist; establish. Amends sec. 637 of 1949 PA 300 (MCL 257.637).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 280'18 With Immediate Effect [HB4265 Detail]
Download: Michigan-2017-HB4265-Engrossed.html
HB-4265, As Passed House, March 21, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4265
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 636 and 637 (MCL 257.636 and 257.637).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
636. (1) The following rules shall govern the overtaking
and passing of vehicles proceeding in the same direction, subject
to
those the limitations, exceptions, and special rules stated in
sections 637 to 643a:
(a) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass at a safe distance to
the left of that vehicle, and when safely clear of the overtaken
vehicle shall take up a position as near the right-hand edge of the
main traveled portion of the highway as is practicable.
(b) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and
shall not increase the speed of his or her vehicle until completely
passed by the overtaking vehicle.
(2) Except as otherwise provided in this subsection, the
driver of a vehicle overtaking a bicycle proceeding in the same
direction shall pass at a distance of 3 feet to the left of that
bicycle or, if it is impracticable to pass the bicycle at a
distance of 3 feet to the left, at a safe distance to the left of
that bicycle at a safe speed, and when safely clear of the
overtaken bicycle shall take up a position as near the right-hand
edge of the main traveled portion of the highway as is practicable.
The driver of a vehicle overtaking a bicycle proceeding in the same
direction may drive to the left of the center of the highway to
pass the bicycle if it is safe to do so, regardless of whether the
vehicle is traveling in a no-passing zone described in section 640.
(3)
(2) A person who violates this section is responsible
for
a civil infraction.
Sec. 637. (1) The driver of a vehicle may overtake and pass
upon the right of another vehicle only if 1 or more of the
following conditions exist:
(a) When the vehicle overtaken is making or about to make a
left turn.
(b) Upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for 2 or more lines
of moving vehicles in each direction and when the vehicles are
moving in substantially continuous lanes of traffic.
(c) Upon a 1-way street, or upon a roadway on which traffic is
restricted to 1 direction of movement, where the roadway is free
from obstructions and of sufficient width for 2 or more lines of
moving vehicles and when the vehicles are moving in substantially
continuous lanes of traffic.
(2) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting the
overtaking and passing in safety. The driver of a vehicle shall not
overtake and pass another vehicle upon the right by driving off the
pavement or main-traveled portion of the roadway.
(3) The driver of a vehicle overtaking a bicycle proceeding in
the same direction shall, when otherwise permitted by this section,
pass at a distance of 3 feet to the right of that bicycle or, if it
is impracticable to pass the bicycle at a distance of 3 feet to the
right, at a safe distance to the right of that bicycle at a safe
speed.
(4) (3)
A person who violates this section
is responsible for
a civil infraction.
Enacting section 1. This amendatory act takes effect August 1,
2019.
