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.