As your constituent, I'm writing to ask for your support for the Vulnerable Road User (VRU) protections, which are up for a final vote.
This bipartisan, bicameral legislation closes a gap in existing law between charges that are not serious enough and charges that are too serious, giving prosecutors appropriate options. It recognizes that people who walk, bike, ride horses, and use wheelchairs (a.k.a. vulnerable roadway users or VRU) are exposed to traffic risk but not protected by steel frames, just like road workers or farmers on tractors.
In Oct. 2023, Sen. McCann, Sen. Klinefelt, Rep. Rogers and Rep. Schuette introduced SB 617, SB 618, HB 5223 and HB 5224. HB 5223 and 5224 passed the House by votes of 79-29 and 78-30 on June 4, and SB 617 and 618 passed the Senate by votes of 29-9 and 29-9 on June 5.
In Nov. 2024, SB 617 and SB 618 passed the House Transportation, Mobility, and Infrastructure Committee but did not make it through a third and final reading before recess.
The latest versions of the legislation—now read in as HB 4334 (Rep. Rogers) and HB 4335 (Rep. Wendzel)—retains the same intent and protections as the original bill package (SB 617 & 618, HB 5223 & 5224) while aligning and clarifying discrepancies that existed between the earlier Senate and House versions. HB 4334 and HB 4335 are now in the final push to move out of committee and return to the House floor for a vote. It's vital that this is granted final passage.
Twelve states (see below) have passed legislation to protect vulnerable roadway users (VRU) including people who walk, bike, ride horses, or use wheelchairs. These laws create enhanced penalties for drivers who injure or kill a person who is not protected by a motor vehicle in a crash.
Current Michigan law provides for a felony punishable by up to 15 years imprisonment and/or a fine of $7,500 or both for a moving violation causing death to a person operating “an implement of husbandry” (i.e. farm equipment.)
These bills would extend this felony to all vulnerable roadway users (though with a 10 year maximum), define “vulnerable roadway user”, and create an additional felony punishable by up to 5 years imprisonment and/or a fine of $5,000 for a moving violation causing serious injury (requiring inpatient treatment at a hospital or rehab facility) to vulnerable roadway users and individuals operating an implement of husbandry.
Many Michigan drivers who kill a bicyclist in a crash are only charged with a misdemeanor, "Moving Violation Causing Death." As former League of Michigan Bicyclists board member Bryan Waldman wrote in 2017, "given the current state of Michigan law, when a motorist injures or kills a bicyclist, the prosecutor is left with an almost impossible decision regarding the appropriate charge for the crime and it is damn near impossible to obtain a meaningful conviction."
Everyone deserves the choice to bike or walk safely. We already have increased penalties in Michigan for drivers who hit and kill road workers or police officers, and these bills follow the same principle. Please give them your support and your vote.
NOTES
“12 states – Colorado, Connecticut, Delaware, Florida, Hawaii, Maine, Maryland, Oregon, Utah, Vermont, Virginia, and Washington – have VRU laws that define a set of road users as vulnerable and provide specific processes and penalties for actions directed at those users.” Source: https://bikeleague.org/bike-laws/model-legislation/model-vulnerable-user-law/
“Vulnerable roadway user” is defined as a pedestrian; a person using roller skates, inline skates, nonmotorized scooter, nonmotorized skateboard, or a wheelchair; a person riding a horse (or other equine such as a donkey or mule) or driving or riding a carriage; or a person on a bicycle, electric bicycle, electric skateboard, or electric personal assistive mobility device. The Senate bill added a US Postal Service worker as well.
