SENATE BILL NO. 1227
November 18, 2020, Introduced by Senators
IRWIN, MCMORROW, ALEXANDER and BULLOCK and referred to the Committee on
Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 2b, 33, 35a, 36, 216, 217b, 660, 679a, and 706 (MCL 257.2b, 257.33, 257.35a, 257.36, 257.216, 257.217b, 257.660, 257.679a, and 257.706), section 2b as amended by 2016 PA 332, section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 216 as amended by 2020 PA 127, section 217b as amended by 2000 PA 82, and section 660 as amended by 2018 PA 394, and by adding sections 655c and 801m.
the people of the state of michigan enact:
Sec. 2b. (1) "Automated delivery device" means a device no more
than 40 inches wide, equipped with an automated driving system, and used to
transport goods or perform services on a sidewalk or other areas open to
pedestrian traffic or on a highway or street, but not to transport a human
operator or passenger.
(2)
(1) "Automated
driving system" means hardware and software that are collectively capable
of performing all aspects of the dynamic driving task for a vehicle or automated delivery device on a part-time or full-time
basis without any supervision by a human operator. As used in this subsection,
"dynamic driving task" means all of the following, but does not
include strategic aspects of a driving task, including, but not limited to,
determining destinations or waypoints:
(a) Operational aspects, including, but not limited to,
steering, braking, accelerating, and monitoring the vehicle and the roadway.
(b) Tactical aspects, including, but not limited to,
responding to events, determining when to change lanes, turning, using signals,
and other related actions.
(3)
(2) "Automated
motor vehicle" means a motor vehicle on which an automated driving system
has been installed, either by a manufacturer of automated driving systems or an
upfitter that enables the motor vehicle to be operated without any control or
monitoring by a human operator. Automated motor vehicle does not include a
motor vehicle enabled with 1 or more active safety systems or operator
assistance systems, including, but not limited to, a system to provide
electronic blind spot assistance, crash avoidance, emergency braking, parking
assistance, adaptive cruise control, lane-keeping assistance, lane departure
warning, or traffic jam and queuing assistance, unless 1 or more of these
technologies alone or in combination with other systems enable the vehicle on
which any active safety systems or operator assistance systems are installed to
operate without any control or monitoring by an operator.
(4)
(3) "Automated
technology" means technology installed on a motor vehicle or automated delivery device that has the capability
to assist, make decisions for, or replace a human operator.
(5)
(4) "Automatic
crash notification technology" means a vehicle service that integrates
wireless communications and vehicle location technology to determine the need
for or to facilitate emergency medical response in the event of a vehicle
crash.
(6)
(5) "Manufacturer
of automated driving systems" means a manufacturer or subcomponent system
producer recognized by the secretary of state that develops or produces
automated driving systems, or automated vehicles, or automated delivery devices.
(7)
(6) "Mobility
research center" means a nonprofit entity that has the ability to receive
and accept from any federal, state, or municipal agency, foundation, public or
private agency, entity, or individual a grant, contribution, or loan for or in
aid of the planning, construction, operation, upgrade, or financing of a
facility for testing advanced transportation systems, including, but not
limited to, connected or automated technology or automated motor vehicles to
increase mobility options.
(8)
(7) "Motor
vehicle manufacturer" means a person that has manufactured and distributed
motor vehicles in the United States that are certified to comply with all
applicable federal motor vehicle safety standards and that has submitted
appropriate manufacturer identification information to the National Highway
Traffic Safety Administration as provided in 49 CFR part 566. As used in this
section, section 665a, and section 665b only, motor vehicle manufacturer also
includes a person that satisfies all of the following:
(a) The person has manufactured automated motor vehicles in
the United States that are certified to comply with all applicable federal
motor vehicle safety standards.
(b) The person has operated automated motor vehicles using a
test driver and with an automated driving system engaged on public roads in the
United States for at least 1,000,000 miles.
(c) The person has obtained an instrument of insurance,
surety bond, or proof of self-insurance in the amount of at least
$10,000,000.00, and has provided evidence of that insurance, surety bond, or
self-insurance to the department in a form and manner required by the
department.
(9)
(8) "On-demand
automated motor vehicle network" means a digital network or software
application used to connect passengers to automated motor vehicles, not
including commercial motor vehicles, in participating fleets for transportation
between points chosen by passengers, for transportation between locations
chosen by the passenger when the automated motor vehicle is operated by the
automated driving system.
(10)
(9) "Participating
fleet" means any of the following:
(a) Vehicles that are equipped with automated driving systems
that are operating on the public roads and highways of this state in a SAVE
project as provided in section 665b.
(b) Vehicles that are supplied or controlled by a motor
vehicle manufacturer, and that are equipped with automated driving systems that
are operating on the public roads and highways of this state in an on-demand
automated motor vehicle network.
(11)
(10) "SAVE
project" means an initiative that authorizes eligible motor vehicle
manufacturers to make available to the public on-demand automated motor vehicle
networks as provided in section 665b.
(12)
(11) "Upfitter"
means a person that modifies a motor vehicle after it was manufactured by
installing an automated driving system in that motor vehicle to convert it to
an automated motor vehicle. Upfitter includes a subcomponent system producer
recognized by the secretary of state that develops or produces automated
driving systems.
Sec. 33. "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4, IV, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard. Motor vehicle does not include an automated delivery device.
Sec. 35a.
"Operate" or "operating" means 1 or more of the following:
(a) Being in actual physical control of a vehicle. This
subdivision applies regardless of whether or not the person is licensed under
this act as an operator or chauffeur.
(b) Causing an automated motor vehicle to move under its own
power in automatic mode upon a highway or street regardless of whether the
person is physically present in that automated motor vehicle at that time. This
subdivision applies regardless of whether the person is licensed under this act
as an operator or chauffeur. As used in this subdivision, "causing an
automated motor vehicle to move under its own power in automatic mode"
includes engaging the automated technology of that automated motor vehicle for
that purpose.
(c) Causing an
automated delivery device to move under its own power under the control of a
remote operator or the automated driving system upon a sidewalk, other place
open to pedestrian traffic, or a highway or street.
Sec. 36.
"Operator" means a person, other than a chauffeur, who does either of
the following:
(a) Operates a motor vehicle upon a highway or street.
(b) Operates an automated motor vehicle upon a highway or
street.
(c) Operates an automated delivery device upon a sidewalk, other place open to pedestrian traffic, or a highway or street.
Sec. 216. (1)
Every motor vehicle, recreational vehicle, trailer, semitrailer, and pole trailer, and automated delivery device, when driven or moved
on a street or highway, is subject to the registration and certificate of title
provisions of this act except the following:
(a) A vehicle driven or moved on a street or highway in
conformance with the provisions of this act relating to manufacturers,
transporters, dealers, or nonresidents.
(b) A vehicle that is driven or moved on a street or highway
only for the purpose of crossing that street or highway from 1 property to
another.
(c) An implement of husbandry.
(d) Special mobile equipment. The secretary of state may
issue a special registration to an individual, partnership, corporation, or association
not licensed as a dealer that pays the required fee, to identify special mobile
equipment that is driven or moved on a street or highway.
(e) A vehicle that is propelled exclusively by electric power
obtained from overhead trolley wires though not operated on rails.
(f) Any vehicle subject to registration, but owned by the
government of the United States.
(g) A certificate of title is not required for a trailer,
semitrailer, or pole trailer that weighs less than 2,500 pounds.
(h) A vehicle driven or moved on a street or highway, by the
most direct route, only for the purpose of securing a scale weight receipt from
a weighmaster for purposes of section 801 or obtaining a vehicle inspection by
a law enforcement agency before titling or registration of that vehicle.
(i) A certificate of title is not required for a vehicle
owned by a manufacturer or dealer and held for sale or lease, even though
incidentally moved on a street or highway or used for purposes of testing or
demonstration.
(j) A bus or a school bus that is not self-propelled and is
used exclusively as a construction shanty.
(k) A certificate of title is not required for a moped or automated delivery device.
(l) For 3 days immediately
following the date of a properly assigned title or signed lease agreement from
any person other than a dealer, a registration is not required for a vehicle
driven or moved on a street or highway for the sole purpose of transporting the
vehicle by the most direct route from the place of purchase or lease to a place
of storage if the driver has in his or her possession the assigned title
showing the date of sale or a lease agreement showing the date of the lease.
(m) A certificate of
registration is not required for a pickup camper, but a certificate of title is
required.
(n) A new motor vehicle
driven or moved on a street or highway only for the purpose of moving the
vehicle from an accident site to a storage location if the vehicle was being
transported on a railroad car or semitrailer that was involved in a disabling
accident.
(o) A boat lift used for
transporting vessels between a marina or a body of water and a place of inland
storage.
(2) Except as otherwise
provided in this subsection, a registration issued to a motor vehicle,
recreational vehicle, trailer, semitrailer, or pole trailer, when driven or
moved on a street or highway, that expires on or after March 1, 2020 is valid
until September 30, 2020. If the registration issued to a motor vehicle,
recreational vehicle, trailer, semitrailer, or pole trailer, when driven or
moved on a street or highway, that is used for commercial purposes expires on
or after March 1, 2020, the registration is valid until September 30, 2020.
Sec. 217b. A moped, an automated
delivery device, and a low-speed vehicle shall must have
permanently affixed to their frame a manufacturer's identification number.
Sec. 655c. (1) An automated delivery device
must meet all of the following requirements:
(a) If operated upon a highway in this state at any time from a half an hour after sunset to a half an hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet, have and operate a lamp on the front of the device that emits white light visible from a distance of at least 500 feet to the front and a lamp on the rear that emits red light visible from a distance of at least 500 feet to the rear under normal atmospheric conditions.
(b) Comply with applicable
federal motor vehicle safety standards as required by the National Highway
Traffic Safety Administration in both of the following:
(i) Equipment to
prevent excessive or unusual noise.
(ii) Equipment to
satisfy minimum sound requirements to aid visually impaired and other
pedestrians.
(c) Have braking equipment in good working order that enables the automated delivery device to achieve a minimal risk condition.
(2) This act occupies the whole field of regulation of automated delivery devices operating in this state. A local authority shall not adopt, enact, or enforce a local law regulating the operation of an automated delivery device in a manner inconsistent with this chapter. This section does not affect the authority of a local authority's police officers to enforce the laws of this state relating to the operation of a vehicle or automated delivery device. As used in this subsection, "local law" means that term as defined in section 605.
(3) The operator
of an automated delivery device is liable in the event of personal injury or
property damage caused by the operation of the automated delivery device.
(4) The operator
of an automated delivery device shall maintain liability coverage as required
by the secretary of state.
Sec. 660. (1) A
person operating an electric personal assistive mobility device, low-speed
vehicle, electric skateboard, automated delivery device, or
moped upon a roadway shall ride operate as near to the right side of the roadway as
practicable and shall exercise due care when passing a standing vehicle or one
proceeding in the same direction. A motorcycle is entitled to full use of a
lane, and a motor vehicle shall must not be driven in such a manner as to deprive a
motorcycle of the full use of a lane. This subsection does not apply to
motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility
device, motorcycle, electric skateboard, or moped upon a roadway shall not ride
more than 2 abreast except on a path or part of a roadway set aside for the
exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is
provided adjacent to a highway or street, a person operating an electric
personal assistive mobility device or electric skateboard may, by local
ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed
vehicle, electric personal assistive mobility device, or electric skateboard
shall not pass between lines of traffic, but may pass on the left of traffic
moving in his or her direction in the case of a 2-way street or on the left or
right of traffic in the case of a 1-way street, in an unoccupied lane.
(5) A person operating an electric personal assistive
mobility device, automated delivery device, or
electric skateboard on a sidewalk constructed for the use of pedestrians shall
yield the right-of-way to a pedestrian and shall
give an audible signal before overtaking and passing the
pedestrian.
(6) A moped, low-speed vehicle, or commercial quadricycle shall must
not be operated on a sidewalk constructed for the use of
pedestrians.
(7) A low-speed vehicle or commercial quadricycle shall must
be operated at a speed of not more than 25 miles per hour. A
low-speed vehicle shall must not be operated on a highway or street with a
speed limit of more than 35 miles per hour except for the purpose of crossing
that highway or street. A commercial quadricycle shall
must not be operated on a highway
or street with a speed limit of more than 45 miles per hour except for the
purpose of crossing that highway or street. An individual shall not operate a
commercial quadricycle that is equipped with a motor unless he or she has a
valid operator's license issued under this act. The state transportation
department may prohibit the operation of a low-speed vehicle or commercial
quadricycle on any highway or street under its jurisdiction if it determines
that the prohibition is necessary in the interest of public safety.
(8) This section does not apply to a police officer in the
performance of his or her official duties.
(9) An electric personal assistive mobility device shall must
be operated at a speed of not more than 15 miles per hour and shall must
not be operated on a highway or street with a speed limit of more
than 25 miles per hour except to cross that highway or street.
(10) An electric skateboard shall
must be operated at a speed of
not more than 25 miles per hour. An electric skateboard that does not have
handlebars shall must
not be operated on a highway or street with a speed limit of more
than 25 miles per hour except to cross that highway or street, and an electric
skateboard equipped with handlebars shall
must not be operated on a highway
or street with a speed limit of more than 45 miles per hour except to cross
that highway or street.
(11)
When an automated delivery device must be operated on a sidewalk or other place
open to pedestrian traffic, the automated delivery device must not be operated at
a speed of more than 10 miles per hour.
(12)
(11) The governing
body of a county, a city, a village, an entity created under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a
township may, by ordinance based on the health, safety, and welfare of the
citizens, regulate the operation of electric personal assistive mobility
devices, electric skateboards, or commercial quadricycles on sidewalks,
highways or streets, or crosswalks. Except as otherwise provided in this
subsection, a governing body of a county, city, village, entity created under
the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512,
or township may prohibit the operation of electric personal assistive mobility
devices, electric skateboards or commercial quadricycles in an area open to pedestrian
traffic adjacent to a waterfront or on a trail under its jurisdiction or in a
downtown or central business district. Signs indicating the regulation shall must
be conspicuously posted in the area where the use of an electric
personal assistive mobility device, electric skateboard, or commercial
quadricycle is regulated.
(13)
(12) Operation of an
electric personal assistive mobility device,
automated delivery device, or electric skateboard is prohibited
in a special charter city and a state park under the jurisdiction of the
Mackinac Island State Park commission.
(14)
(13) Operation of an
electric personal assistive mobility device or electric skateboard may be
prohibited in a historic district.
(15)
(14) The department of
natural resources may by order regulate the use of electric personal assistive
mobility devices or electric skateboards on all lands under its control.
(16) An automated delivery device must not be operated on a trail.
Sec. 679a. (1) A person shall not operate a any of the following on a
limited access highway in this state:
(a) A motorcycle with less
than a 125 cubic centimeter engine. ,
(b) A moped. ,
(c) An automated
delivery device.
(d) A farm tractor , or other
self-propelled farm implement. , nor shall
(2) Except as otherwise provided in this subsection, a pedestrian, bicycle, except as
provided in this section, or and other
nonmotorized traffic be are
not permitted on a limited access highway in this state. Bicycles shall be are permitted
on paths constructed separately from the roadway and designated for the
exclusive use of bicycles.
(3) (2) A person
who violates this section is responsible for a civil infraction.
Sec. 706. (1) (a) A motor
vehicle, including a motorcycle or moped, or an automated delivery device,
when operated upon a highway shall
must be equipped with a horn in
good working order and capable of emitting sound audible under normal
conditions from a distance of not less than 200 feet but a horn or other
warning device shall must
not emit an unreasonably loud or harsh sound or a whistle. The
driver of a motor vehicle shall when reasonably necessary to insure safe
operation give audible warning with his horn but shall not otherwise use the
horn when upon a highway.
(2)
(b) A vehicle shall must
not be equipped with nor shall a person use upon on
a vehicle a siren, whistle, or bell, except as otherwise
permitted in this section.
(3)
(c) A commercial
vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver
as an ordinary warning signal.
(4)
(d) An authorized
emergency vehicle may be equipped with a siren, whistle, air horn, or bell
capable of emitting sound audible under normal conditions from a distance of
not less than 500 feet, but the siren shall
must not be used except when the
vehicle is operated in response to an emergency call or in the immediate
pursuit of an actual or suspected violator of the law. In those cases the
driver of the vehicle shall sound the siren when necessary to warn pedestrians
and other drivers of the approach of the vehicle.
(5)
(e) A motor vehicle
licensed as an a
historic vehicle may be equipped with a siren, whistle, or bell
which may be used when participating in a parade, exhibition, tour, or similar
event.
Sec. 801m. (1) If an automated
delivery device required to be registered under this act is sold by a retailer
to a general purchaser, the retailer shall obtain the certificate of
registration in the name of the purchaser. In other circumstances, the
purchaser shall obtain the certificate of registration. An application for
registration must be signed by the purchaser of the automated delivery device. On
receipt of an application for registration in approved form, the secretary of
state shall enter the application in the secretary of state's records and issue
to the applicant a certificate of registration containing the decal for the
automated delivery device, the name and address of the owner, and other
information the secretary of state considers necessary. An automated delivery
device is not required to be insured under chapter 31 of the insurance code of
1956, 1956 PA 218, MCL 500.3101 to 500.3179. The certificate of registration must
be legible and made available for inspection on demand by a law enforcement officer.
(2)
The secretary of state shall issue a decal indicating that the certificate of
registration is in effect. A registration certificate and decal must not be
issued earlier than 90 days before the commencement date of the new
registration period. Display of the decal must be as prescribed by rule
promulgated by the secretary of state.
(3)
A retailer or manufacturer of automated delivery devices, on application to the
secretary of state on forms provided by the secretary of state, may obtain
certificates of registration for use in the testing or demonstrating of an
automated delivery device by temporary placement of the registration on the
automated delivery device being tested or demonstrated. A certificate issued
under this subsection may be used on only 1 automated delivery device at a
time.
(4) An automated delivery device registration is valid for a 3-year period that begins on May 1 and expires on April 30 of the third registration year. For purposes of this subsection, a registration year begins on May 1 and ends on April 30.