You asked for some general information on the issue of traffic signal preemption and legislation in Michigan to prohibit the sale of traffic signal preemption devices to the general public.

TRAFFIC SIGNAL PREEMPTION DEVICES

Traffic signal preemption is a procedure used in many cities through which traffic lights that have been equipped with special infrared receiving devices can be changed when a signal is sent from a special transmitter in a vehicle. In most applications, traffic signal preemption is limited to emergency vehicles, but in some places, such as Oregon, it is also possible for buses to preempt the signal to allow for more effective movement of transit services. Normally, a vehicle equipped with a preemption device will use it when approaching a red signal to immediately change the signal to green. The range for a mobile infrared transmitter is typically about 1,500 feet.

Signal preemption devices have become an issue in some cities that are currently using them because the transmitting devices have been openly available through the Internet and other means for purchase by anyone, not just by entities that have authority to use them under local or state laws. Since the traffic signal mounted receivers do not generally distinguish the vehicle transmitting the preemption signal, any vehicle

that has one can change the signal. This has caused safety problems in several cities. The devices do not fall under the regulatory guidelines of the Federal Communication Commission covering radio transmitters because they transmit in the infrared range of the electromagnetic spectrum.

STATE AND FEDERAL ACTIVITIES

Michigan Law

Michigan recently became among the first states to enact legislation prohibiting the purchase, possession, or use of traffic signal controllers by unauthorized persons. The governor signed PAs 25 (SB 842) and 26 (SB 843) on March 15, 2004. Under these laws, unlawful possession of such a device is a misdemeanor punishable by a jail term up to 90 days, a fine of up to $ 5,000, or both. Unlawful sale of a transmitter is a felony punishable by imprisonment for up to two years, a fine of up to $ 10,000, or both. Use of a preemption device by an unauthorized person that results in a traffic crash is a felony punishable by up to five years imprisonment, a fine of up to $ 15,000, or both. The penalty increases to a fine of up to $ 20,000, imprisonment for up to 10 years, or both if the accident results in a serious injury. If a fatality results, the penalty increases to up to 15 years imprisonment, a fine of $ 25,000, or both. Copies of the two Michigan acts are attached.

Oregon

In Oregon, traffic signal preemption devices are authorized for use only by emergency vehicles and for transit buses. An entity seeking authority to use such a device must file a request for with the Oregon Department of Transportation. Copies of the two forms used for this purpose are attached.

Other Proposals

Several other states are currently considering legislation in this area. These include Maryland (HB 381), Missouri (HB 1345), Utah (HB 201), and Washington (SB 6178).

Federal Proposal

U. S. Senator Michael Dewine of Ohio has proposed a bill in Congress that would prohibit the sale or possession of “aftermarket” preemption devices. The bill (S. 1825) establishes a penalty of up to $ 10,000, imprisonment for up to one year, or both for the sale of mobile infrared transmitters to unauthorized users. Possession of an unauthorized transmitter in a motor vehicle would be punishable by a fine of up to $ 10,000, imprisonment for up to six months, or both.

JF: ts