HOUSE BILL NO. 5041
October 08, 2019, Introduced by Reps. Tyrone
Carter, Brenda Carter, Manoogian, Rendon, Paquette, LaFave, O'Malley and
Jones and referred to the Committee on Military, Veterans and Homeland
October 08, 2019, Introduced by Reps. Tyrone Carter, Brenda Carter, Manoogian, Rendon, Paquette, LaFave, O'Malley and Jones and referred to the Committee on Military, Veterans and Homeland Security.
"Michigan vehicle code,"
by amending section 682 (MCL 257.682), as amended by 2012 PA 263.
the people of the state of michigan enact:
Sec. 682. (1) The operator of a vehicle overtaking or meeting a school bus that has stopped and is displaying 2 alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. The operator of a vehicle who fails to stop for a school bus as required by this subsection, who passes a school bus in violation of this subsection, or who fails to stop for a school bus in violation of an ordinance that is substantially similar to this subsection, is responsible for a civil infraction.guilty of a misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) A fine of not more than $500.00.
(c) Not more than 100 hours of community service at a school.
(2) The operator of a vehicle upon a highway that has been divided into 2 roadways by leaving an intervening space, or by a physical barrier, or clearly indicated dividing sections so constructed as to impede vehicular traffic, is not required to stop upon meeting a school bus that has stopped across the dividing space, barrier, or section.
(3) In a proceeding for a violation of subsection (1), proof that the particular vehicle described in the citation was in violation of subsection (1), together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle, constitutes a rebuttable presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
(4) In addition to the civil fine and costs provided for a civil infraction under section 907, the judge, district court referee, or district court magistrate may order a person who violates this section to perform not more than 100 hours of community service at a school.
(4) A school bus may be equipped with a stop-arm camera system in accordance with section 20 of the pupil transportation act, 1990 PA 187, MCL 257.1820. A school that uses a stop-arm camera system shall provide a video or photograph recorded by a stop-arm camera system for use as evidence in a proceeding for a violation of subsection (1) if requested by an investigating law enforcement agency. A photograph or video recorded by a stop-arm camera system is admissible as evidence in a proceeding for a violation of subsection (1) to the extent permitted by the rules of evidence of this state. However, a photograph or video recorded by a stop-arm camera system is not required for the prosecution of a violation of subsection (1).
(5) As used in this section:
(a) "Law enforcement agency" means any of the following:
(i) The department of state police.
(ii) The county sheriff's office.
(iii) The police department of a local unit of government.
(iv) Any other governmental law enforcement agency in this state.
(b) "Local unit of government" means a state university or college or a county, city, village, or township.
(c) "School" means that term as defined by section 5 of the pupil transportation act, 1990 PA 187, MCL 257.1805.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5042 (request no. 02239'19 a) of the 100th Legislature is enacted into law.