Bill Text: MI HB5140 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; accidents; removal from roadway of motor vehicle involved in accident; require under certain circumstances. Amends title of 1949 PA 300 (MCL 257.1 - 257.923) & adds sec. 618a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-03-09 - Assigned Pa 10'10 With Immediate Effect [HB5140 Detail]
Download: Michigan-2009-HB5140-Engrossed.html
HB-5140, As Passed House, November 5, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 5140
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by amending the title, as amended by 2002 PA
554, and by adding section 618a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the registration, titling, sale,
transfer, and regulation of certain vehicles operated upon the
public highways of this state or any other place open to the
general public or generally accessible to motor vehicles and
distressed vehicles; to provide for the licensing of dealers; to
provide for the examination, licensing, and control of operators
and chauffeurs; to provide for the giving of proof of financial
responsibility and security by owners and operators of vehicles; to
provide for the imposition, levy, and collection of specific taxes
on vehicles, and the levy and collection of sales and use taxes,
license fees, and permit fees; to provide for the regulation and
use of streets and highways; to create certain funds; to provide
penalties and sanctions for a violation of this act; to provide for
civil liability of owners and operators of vehicles and service of
process on residents and nonresidents; to regulate the introduction
and use of certain evidence; to provide for the levy of certain
assessments; to provide for the enforcement of this act; to provide
for the creation of and to prescribe the powers and duties of
certain state and local agencies; to impose liability upon the
state or local agencies; to provide appropriations for certain
purposes; to repeal all other acts or parts of acts inconsistent
with this act or contrary to this act; and to repeal certain parts
of this act on a specific date.
Sec. 618a. (1) Unless the operator of a motor vehicle involved
in an accident knows or reasonably should know that serious
impairment of a bodily function or death has resulted from the
accident, the operator or any other occupant of the motor vehicle
who possesses a valid driver license shall remove the motor vehicle
from the main traveled portion of the roadway into a safe refuge on
the shoulder, emergency lane, or median or to a place otherwise
removed from the roadway if both of the following apply:
(a) Moving the motor vehicle may be done safely.
(b) The motor vehicle is capable of being normally and safely
operated and can be operated under its own power in its customary
manner without further damage or hazard to the traffic elements or
to the roadway.
House Bill No. 5140 (H-1) as amended November 5, 2009
(2) The operator or any other person who removes a motor
vehicle from the main traveled portion of the roadway as provided
in this section before the arrival of a police officer is not prima
facie at fault regarding the cause of the traffic accident solely
by reason of moving the motor vehicle as provided in this section.
(3) The decision of the operator or any other person to remove
or not to remove a motor vehicle from the main traveled portion of
the roadway as provided in this section is not admissible in a
civil action as evidence that a serious impairment of bodily
function has [OR HAS NOT] resulted from the accident.
(4) A person who violates this section is responsible for a
civil infraction.
