Workzone Violations
On October 8, 2008 Governor Jennifer Granholm signed three new laws into immediate effect.
First, 2008 PA 296 (HB 4468) 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 or imprisonment for not more than 1 year, or both.
(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 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.” Therefore, this statute no longer applies only to workers who are injured or killed in a work zone, but to any person (i.e., other vehicle occupants) who are injured or killed in a work zone.
The law also deletes a requirement that the Department of Transportation or a road authority place signs at work zones 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 Person Category.
Last, 2008 PA 298 (HB 5351) adds MCL 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 following requirements are met.
1.) 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.
2.) 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.
Federal OWI
2008 Public Act 341 (House Bill 5160), effective January 1, 2009, specifies that OWI convictions under federal law that substantially correspond to MCL 257.625 may be used as prior convictions.
The amended language of 257.625(25) reads as follows:
(25) Subject to subsection (27), as used in this section, “prior conviction” means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to law of this state.
