| 257.653a Stationary emergency vehicle giving visual
signal; duty of approaching vehicle to exhibit due care and caution;
violation; penalty.
Sec. 653a.
(1) Upon approaching and passing a stationary
authorized emergency vehicle that is giving a visual signal by means of
flashing, rotating, or oscillating red, blue, or white lights as
permitted by section 698, the driver of an approaching vehicle shall
exhibit due care and caution, as required under the following:
(a) On any public roadway with at least 2 adjacent
lanes proceeding in the same direction of the stationary authorized
emergency vehicle, the driver of the approaching vehicle shall proceed
with caution and yield the right-of-way by moving into a lane at least 1
moving lane or 2 vehicle widths apart from the stationary authorized
emergency vehicle, unless directed otherwise by a police officer. If
movement to an adjacent lane or 2 vehicle widths apart is not possible
due to weather, road conditions, or the immediate presence of vehicular
or pedestrian traffic in parallel moving lanes, the driver of the
approaching vehicle shall proceed as required in subdivision (b).
(b) On any public roadway that does not have at least
2 adjacent lanes proceeding in the same direction as the stationary
authorized emergency vehicle, or if the movement by the driver of the
vehicle into an adjacent lane or 2 vehicle widths apart is not possible
as described in subdivision (a), the approaching vehicle shall reduce
and maintain a safe speed for weather, road conditions, and vehicular or
pedestrian traffic and proceed with due care and caution, or as directed
by a police officer.
(2) Except as provided in subsections (3) and (4), a
person who violates this section is guilty of a misdemeanor punishable
by a fine of not more than $500.00 or imprisonment for not more than 90
days, or both.
(3) A person who violates this
section and causes injury to a police officer, firefighter, or other
emergency response personnel in the immediate area of the stationary
authorized emergency vehicle is guilty of a felony punishable by a fine
of not more than $1,000.00 or imprisonment for not more than 2 years, or
both.
(4) A person who violates this
section and causes death to a police officer, firefighter, or other
emergency response personnel in the immediate area of the stationary
authorized emergency vehicle is guilty of a felony punishable by a fine
of not more than $7,500.00 or by imprisonment for not more than 15
years, or both.
History: Add. 2000, Act 458, Eff. Mar. 28, 2001
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© 2003 Legislative Council, State of Michigan
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