On October 8, 2008 Governor Jennifer Granholm signed three new laws into immediate effect.
First, 2008 PA 296 (HB4468) amends Michigan Compiled Law 257.601b to read in
pertinent part, as follows:
"(2) A person who commits a moving violation in a work zone for which not fewer than 3 points are assigned under section 320a and as a result causes injury to another person in the work zone is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both. (Emphasis added).
(3) A person who commits a moving violation in a work zone for which not fewer than 3 points are assigned under section 320a and as a result causes death to
another person in the work zone 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.
(4) Subsections (2) and (3) do not apply if the injury or death was caused by
the negligence of the injured or deceased person in the work zone."
In essence, the law amends the statute to refer to "another person in the work
zone "instead of "a person working in the work zone" in provisions that prescribe criminal penalties for moving violations that cause injury or death to person working in a work zone. Therefore, this language is no longer applicable only to workers who are injured or killed in a work zone, but to any person (i.e. vehicle occupants) who is injured or killed in a work zone.
The law also deletes a requirement that the Department of Transportation or a road authority place at work zones, signs that notify vehicle operators of the
increased fines and penalties provided in the statute for the protection and safety of construction workers.
Next, 2008 PA 297 (HB 4469) amends the Code of Criminal Procedure to refer to a "moving violation causing death to another person in a work zone" instead of "a moving violation causing death to a construction worker" in the sentencing
guidelines. Under the sentencing guidelines, it is a Class C felony, and it falls under the Category of Person.
Lastly, 2008 PA 298 (HB 5351) adds Michigan Compiled Law 257.611a. The law allows an owner or employee of an entity performing construction, maintenance,
surveying, or utility work within a work zone to direct traffic within that work zone, if the requirements mentioned below are met.
The department of transportation, the local authority, or the county road commission, within its respective jurisdiction, authorizes that owner or employee to direct traffic due to safety or work requirements. The authorization may establish the conditions under which the owner or employee may direct traffic, and may allow the owner or employee to direct traffic in disregard of an existing control device.
In addition, the owner or employee must be properly trained, equipped, and attired in conformance with the Manual of Uniform Traffic Control Devices.
The operator of a motor vehicle who fails to comply with the directions of an owner or employee directing traffic, including a direction in disregard of an existing traffic control device, is responsible for a civil infraction.
