M Civ JI 85.01 Exemption of Emergency Vehicles from Certain Statutory Regulations

It is claimed that [ plaintiff / defendant ] was *(contributorily) negligent in that [ he / she ] [ nature of violation ]. We have a state statute which provides that [ Quote or paraphrase the applicable part of the statute as construed by the courts ].

Note on Use

This instruction should be given when one party claims an exemption from a statutory requirement as an emergency vehicle, or vehicle at work on a highway, under Section 603, 632, or 653 of the Michigan Vehicle Code, or MCL 333.20938. M Civ JI 85.02 must also be given.

*Add the word “contributorily” if appropriate.

Comment

Sections 603, 632 and 653 of the Michigan Vehicle Code, MCL 257.603, .632, .653, and MCL 333.20938 exempt authorized emergency vehicles from statutory requirements concerning parking, standing, stoplights, stop signs, prima facie speed limits, direction of movement, turning in specified directions, and right-of-way, under certain circumstances and upon displaying or sounding certain warning devices. Vehicles at work on a highway are also exempted from certain of the foregoing statutes.

History

M Civ JI 85.01 was SJI 71.01.