Bill Text: MI HB5381 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Traffic control; traffic regulation; use of flashing, oscillating, or rotating green lights on construction vehicles; allow. Amends sec. 698 of 1949 PA 300 (MCL 257.698).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-11 - Bill Electronically Reproduced 01/10/2018 [HB5381 Detail]
Download: Michigan-2017-HB5381-Introduced.html
HOUSE BILL No. 5381
January 10, 2018, Introduced by Rep. Schor and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 698 (MCL 257.698), as amended by 2017 PA 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 698. (1) A motor vehicle may be equipped with not more
than
2 side cowl or fender lamps that shall emit emits an
amber or
white light without glare.
(2) A motor vehicle may be equipped with not more than 1
running
board courtesy lamp on each side that shall emit a white or
amber light without glare.
(3) Backing lights of red, amber, or white may be mounted on
the rear of a motor vehicle if the switch controlling the light is
so
arranged so that
the light may be turned on only if the vehicle
is in reverse gear. The backing lights when unlighted shall be
covered or otherwise arranged so as not to reflect objectionable
glare in the eyes of an operator of a vehicle approaching from the
rear.
(4) Unless both covered and unlit, a vehicle operated on the
highways of this state shall not be equipped with a lamp or a part
designed to be a reflector unless expressly required or permitted
by this chapter or that meets the standards prescribed in 49 CFR
571.108. A lamp or a part designed to be a reflector, if visible
from the front, shall display or reflect a white or amber light; if
visible from either side, shall display or reflect an amber or red
light; and if visible from the rear, shall display or reflect a red
light, except as otherwise provided by law.
(5) The use or possession of flashing, oscillating, or
rotating lights of any color is prohibited except as otherwise
provided by law, or under the following circumstances:
(a) A police vehicle shall be equipped with flashing,
rotating, or oscillating red or blue lights, for use in the
performance of police duties.
(b) A fire vehicle or ambulance available for public use or
for use of the United States, this state, or any unit of this
state, whether publicly or privately owned, shall be equipped with
flashing, rotating, or oscillating red lights and used as required
for safety.
(c) An authorized emergency vehicle may be equipped with
flashing, rotating, or oscillating red lights for use when
responding to an emergency call if when in use the flashing,
rotating, or oscillating red lights are clearly visible in a 360-
degree arc from a distance of 500 feet when in use. A person
operating lights under this subdivision at any time other than when
responding to an emergency call is guilty of a misdemeanor.
(d) Flashing, rotating, or oscillating amber or green lights,
placed in a position as to be visible throughout an arc of 360
degrees, shall be used by a state, county, or municipal vehicle
engaged in the removal of ice, snow, or other material from the
highway and in other operations designed to control ice and snow,
or
engaged in other non-winter nonwinter
operations. This
subdivision does not prohibit the use of a flashing, rotating, or
oscillating green light by a fire service.
(e) A vehicle used for the cleanup of spills or a necessary
emergency response action taken pursuant to state or federal law or
a vehicle operated by an employee of the department of natural
resources or the department of environmental quality that responds
to a spill, emergency response action, complaint, or compliance
activity may be equipped with flashing, rotating, or oscillating
amber or green lights. The lights described in this subdivision
shall not be activated unless the vehicle is at the scene of a
spill, emergency response action, complaint, or compliance
activity. This subdivision does not prohibit the use of a flashing,
rotating, or oscillating green light by a fire service.
(f) A vehicle to perform public utility service, a vehicle
owned or leased by and licensed as a business for use in the
collection and hauling of refuse, an automobile service car or
wrecker, a vehicle engaged in authorized highway repair or
maintenance, a vehicle of a peace officer, a vehicle operated by a
rural letter carrier or a person under contract to deliver
newspapers or other publications by motor route, a vehicle utilized
for snow or ice removal under section 682c, a private security
guard vehicle as authorized in subsection (7), a motor vehicle
while engaged in escorting or transporting an oversize load that
has been issued a permit by the state transportation department or
a local authority with respect to highways under its jurisdiction,
a vehicle owned by the national guard or a United States military
vehicle while traveling under the appropriate recognized military
authority, a motor vehicle while towing an implement of husbandry,
or an implement of husbandry may be equipped with flashing,
rotating, or oscillating amber lights. However, a wrecker may be
equipped with flashing, rotating, or oscillating red lights that
shall be activated only when the wrecker is engaged in removing or
assisting a vehicle at the scene of a traffic accident or
disablement, and a vehicle engaged in authorized highway repair or
maintenance may be equipped with flashing, rotating, or oscillating
green lights. The flashing, rotating, or oscillating amber lights
shall not be activated except when the warning produced by the
lights is required for public safety. As used in this subdivision,
"vehicle engaged in authorized highway repair or maintenance"
includes, but is not limited to, a publicly or privately owned
vehicle that is used in performing construction, maintenance,
surveying, or utility work as part of a road maintenance, repair,
or construction project including setting up, maintaining, or
taking down a work zone.
(g) A vehicle engaged in leading or escorting a funeral
procession or any vehicle that is part of a funeral procession may
be equipped with flashing, rotating, or oscillating purple or amber
lights that shall not be activated except during a funeral
procession.
(h) An authorized emergency vehicle may display flashing,
rotating, or oscillating white lights in conjunction with an
authorized emergency light as prescribed in this section.
(i) A private motor vehicle of a physician responding to an
emergency call may be equipped with and the physician may use
flashing, rotating, or oscillating red lights mounted on the roof
section of the vehicle either as a permanent installation or by
means of magnets or suction cups and clearly visible in a 360-
degree arc from a distance of 500 feet when in use. The physician
shall first obtain written authorization from the county sheriff.
(j) A public transit vehicle may be equipped with a flashing,
oscillating, or rotating light mounted on the roof of the vehicle
approximately 6 feet from the rear of the vehicle that displays a
white light to the front, side, and rear of the vehicle, which
light may be actuated by the driver for use only in inclement
weather such as fog, rain, or snow, when boarding or discharging
passengers, from 1/2 hour before sunset until 1/2 hour after
sunrise, or when conditions hinder the visibility of the public
transit vehicle. As used in this subdivision, "public transit
vehicle" means a motor vehicle, other than a station wagon or
passenger van, with a gross vehicle weight rating of more than
10,000 pounds.
(k) A person engaged in the manufacture, sale, or repair of
flashing, rotating, or oscillating lights governed by this
subsection may possess the lights for the purpose of employment,
but shall not activate the lights upon the highway unless
authorized to do so under subsection (6).
(6) A person shall not sell, loan, or otherwise furnish a
flashing, rotating, or oscillating blue or red light designed
primarily for installation on an authorized emergency vehicle to a
person except a police officer, sheriff, deputy sheriff, authorized
physician, volunteer or paid fire fighter, volunteer ambulance
driver, licensed ambulance driver or attendant of the state, a
county or municipality within the state, a person engaged in the
business of operating an ambulance or wrecker service, or a
federally recognized nonprofit charitable organization that owns
and operates an emergency support vehicle used exclusively for
emergencies. This subsection does not prohibit an authorized
vehicle, equipped with flashing, rotating, or oscillating blue or
red lights, from being operated by a person other than a person
described in this section if the person receives authorization to
operate the emergency vehicle from a police officer, sheriff,
deputy sheriff, authorized physician, volunteer or paid fire
fighter, volunteer ambulance driver, licensed ambulance driver or
attendant, a person operating an ambulance or wrecker service, or a
federally recognized nonprofit charitable organization that owns
and operates an emergency support vehicle used exclusively for
emergencies, except that the authorization shall not permit the
person to operate lights as described in subsection (5)(a), (b),
(c), (i), or (j), or to exercise the privileges described in
section 603. A person who operates an authorized emergency vehicle
in violation of the terms of an authorization is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $100.00, or both.
(7) A private motor vehicle of a security guard agency or
alarm company licensed under the private security business and
security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, may
display flashing, rotating, or oscillating amber lights. The
flashing, rotating, or oscillating amber lights shall not be
activated on a public highway when a vehicle is in motion.
(8) This section does not prohibit, restrict, or limit the use
of lights authorized or required under sections 697, 697a, and
698a.
(9) A person who operates a vehicle in violation of subsection
(1), (2), (3), or (4) is responsible for a civil infraction.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
