Michigan Laws 257.682 – Stopping for school bus displaying flashing red lights; violation as civil infraction; meeting stopped school bus on divided highway; proof; rebuttable presumption; use of stop-arm camera system; defi
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Terms Used In Michigan Laws 257.682
- citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.
(2) The operator of a vehicle on 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) 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.
(d) “Stop-arm camera system” means that term as defined by section 20 of the pupil transportation act, 1990 PA 187, MCL 257.1820.