8.3Failure to Use Due Care and Caution Causing Injury or Death to Emergency Response Personnel
“(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, white, or amber lights as permitted by [MCL 257.698], 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, reduce his or her speed by at least 10 miles per hour below the posted speed limit, 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 proceed with due care and caution and reduce his or her speed by at least 10 miles per hour below the posted speed limit, or as directed by a police officer.
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(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 . . . .
(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 . . . .
(5) 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 proceed with caution, reduce his or her speed, or yield the right-of-way for an authorized emergency vehicle that is stopped across the dividing space, barrier, or section. MCL 257.653a(1); MCL 257.653a(3)-(5).
For causing injury to emergency response personnel, the penalties are as follows:
•imprisonment for not more than two years; or
•fine of not more than $1,000; or
•both. MCL 257.653a(3).
For causing death to emergency response personnel, the penalties are as follows:
•imprisonment for not more than 15 years; or
•fine of not more than $7,500; or
•both. MCL 257.653a(4).
Only applicable sanctions are discussed; accordingly, if a particular sanction is omitted from this section it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for information on abstracting procedures.
•Six points. MCL 257.320a(1)(b). See Section 1.42 for more information on points.
•License revocation and denial for at least one year. MCL 257.303(2)(d); MCL 257.303(4)(a)(i)-(ii). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.
•License revocation and denial also occur when a defendant has any combination of two or more convictions within seven years for violation of MCL 257.653a(3)-(4) and any of the motor vehicle felonies listed at MCL 257.303(2)(b). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.
A violation of MCL 257.653a that does not result in injury or death to emergency response personnel is a civil infraction. MCL 257.653a(2).1
1 See Section 4.6 for more information on this offense.