Michigan Allows Only Lamps Its Vehicle Code Names, Covered and Unlit Otherwise

The practical effect of MCL 257.698(4) is that a Michigan driver asking "is this light bar legal" is really asking whether the Vehicle Code names it. Head lamps, tail lamps, stop and turn signals, clearance and marker lamps, backing lights, side cowl or fender lamps, running board courtesy lamps, spot lamps, fog lamps and hazard warning lamps all have their own sections. Underbody or wheel-well accent lighting, grille strobes and rock lights do not appear anywhere in sections 683 to 711, so on a public highway they must be both covered and unlit unless the specific lamp meets 49 CFR 571.108. MCL 257.683(4) does say that sections 683 to 711 do not prohibit additional parts and accessories that are not inconsistent with those sections, but a forward-facing green or blue accent light is inconsistent on its face with the front white-or-amber rule in 698(4).

Quantity and aim are capped separately. MCL 257.685(5) provides that where a vehicle with the required head lamps also carries auxiliary lamps, a spot lamp or any other front lamp projecting a beam greater than 300 candlepower, not more than a total of 4 of those lamps on the front may be lighted at a time on a highway. MCL 257.696(a) permits not more than 2 spot lamps, and only 1 on a motorcycle, requires every lighted spot lamp to be aimed and used so that no part of the beam goes into the eyes of an approaching driver, and restricts spot lamps to white or amber light only. MCL 257.696(b) permits not more than 2 fog lamps mounted on the front at a height of not less than 12 inches and not more than 30 inches above the surface the vehicle stands on, aimed so that with the vehicle unloaded no part of the high-intensity portion of the light to the left of the vehicle centerline projects higher, at 25 feet ahead, than a level 4 inches below the center of the lamp. Fog lamps meeting that specification may be used together with lower head-lamp beams. MCL 257.704 then catches everything else: any lighted lamp or illuminating device other than head lamps, spot lamps, auxiliary lamps or flashing front direction signals that projects a beam greater than 300 candlepower must be directed so that no part of the beam strikes the roadway more than 75 feet from the vehicle.

Flashing lights are the part of Michigan law that surprises people. MCL 257.698(5) prohibits the use or possession of flashing, oscillating or rotating lights of any color, so simply having an unmounted strobe in the trunk is within the prohibition, and the ban is not limited to emergency colors. The exceptions are specific occupations and duties rather than general permissions. Police vehicles carry red or blue. Fire vehicles and ambulances carry red. Authorized emergency vehicles may use red when responding to an emergency call if the light is clearly visible in a 360 degree arc from 500 feet. State, county and municipal vehicles removing ice or snow use amber or green through a 360 degree arc, and a fire service may use a flashing green light. Spill cleanup vehicles and vehicles of the Department of Natural Resources or the Department of Environment, Great Lakes, and Energy may use amber or green, but only at the scene. Amber is allowed for public utility vehicles, licensed refuse haulers, service cars and wreckers, peace officers' vehicles, rural letter carriers, contract newspaper delivery routes, snow removal vehicles under section 682c, permitted oversize load escorts, National Guard and United States military vehicles, and vehicles towing an implement of husbandry, and only when the warning is required for public safety. A wrecker may add flashing red, activated only while removing or assisting a vehicle at an accident or disablement. Funeral processions use purple or amber, and a neighborhood watch vehicle may use amber if it is clearly identified and cooperating with local law enforcement. A physician answering an emergency call may run red roof lights, magnetic or suction mounted, visible 360 degrees from 500 feet, but only after obtaining written authorization from the county sheriff. A private security guard agency or alarm company licensed under 1968 PA 330 may display amber under MCL 257.698(7), but never while the vehicle is in motion on a public highway.

Supply is regulated as well as use. MCL 257.698(6) prohibits selling, loaning or otherwise furnishing a flashing, rotating or oscillating blue or red light designed primarily for installation on an authorized emergency vehicle to anyone except police officers, sheriffs and deputies, authorized physicians, fire fighters, ambulance drivers and attendants, a Michigan county or municipality, a person in the ambulance or wrecker business, or a federally recognized nonprofit charity operating an emergency support vehicle.

Lighting is carved out of the general equipment penalty. 00. Enforcement is roadside, because Michigan has no periodic safety inspection for passenger vehicles. 715(2) authorizes the state police director to set up temporary vehicle check lanes throughout the state. 907(9) requires the court to waive the fine, costs and assessments once a law enforcement agency certifies the repair was made before the appearance date, so removing an unlawful light bar before the court date usually ends the matter without payment.