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parked.

lamp is lighted the number may be read at a distance of at Proviso, cars least fifty feet: Provided further, That all cars parked within the limits of any public highway, or permitted to stand thereon, at any time during the period from one hour after sunset to one hour before sunrise, shall have displayed thereon a front and a rear light.

Non-skidding devices.

Motor vehicle to stop on signal.

Proviso,

motor to cease

running.

Meeting on highway.

At intersection.

Proviso,

in cities.

Am. 1919, Act 383.

The driver of an automobile who approached a pedestrian in the street on a dark and rainy night owed a duty of giving reasonable warning of his approach, and this duty was not discharged by the presence of lights on his machine, since act 318, P. A. 1909, requires an automobile to have "a suitable and adequate bell, horn or other device," for the purpose of signalling.-Johnston v. Cornelius, 200/210.

(554) § 4813. SEC. 17. Use of non-skidding devices. No person shall operate or drive on the public highways of this state a motor vehicle on any of the wheels is a tire chain or non-skidding contrivance or tire composed in whole or part of metal, except when such highways are wet and slippery or covered with ice or snow.

(555) § 4814. SEC. 18. A person operating a motor ve hicle shall, at the request or on signal by putting up the hand from the person riding, leading or driving a horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, and if traveling in an opposite direction, remain stationary so long as may be reasonable to allow such horse or animal to pass, and if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal: Provided, That in case such horse or animal appear badly frightened, or the person operating such motor vehicle be requested so to do, such person shall cause the motor of such vehicle to cease running so long as may be reasonably necessary to prevent accident and insure the safety of others. Whenever a person operating a motor vehicle shall meet on a highway any other person riding or driving a horse or horses or other draft animals or any other vehicle, and there being no occasion to stop as above provided, the person operating such motor vehicle shall seasonably turn the same to the right of the center of the traveled portion of the highway while the person approaching shall likewise turn from the center of the traveled portion of the highway so as to pass the motor vehicle on the opposite side of the center of the highway to which the motor vehicle has been turned. And any person so operating any motor vehicle shall, at the intersection of a public highway, keep to the right of the intersection of the center of such highway when turning to the right, and pass to the right of such intersection when turning to the left. When vehicles approach an intersection of two or more public highways the vehicle approaching from the right of the driver shall have the right of way: Provided, however, That in cities where there is a traffic officer stationed at any intersection of highways or where traffic on specified thoroughfares is granted preference by local ordinance or regulation, such

local ordinance or regulation shall take precedence over the rule last above stated.

Am. 1919, Act 9.
See section 601.

Overtaking

horses, etc.

(556) § 4815. SEC. 19. If a vehicle drawn by a horse or horses or other draft animals, or a motor vehicle, be overtaken by any motor vehicle, and the person in charge of such motor vehicle expresses a desire to pass, it shall be the duty of the driver of any such vehicle or motor vehicle so overtaken as aforesaid, to turn to the right of the center of the wrought or traveled portion of the highway, and give the person so making the request, an opportunity to pass, but in passing, the person in charge of such motor vehicle and the other male occupants thereof over the age of fifteen years Assistance, shall give such assistance as they are able, to the occupant or occupants of the vehicle they are passing, if assistance is asked, and in thus passing the chauffeur shall use all due care to avoid accidents.

etc.

assistance,

etc.

(557) § 4816. SEC. 20. Accidents. In case of accidents Accidents. to person or property upon any public highway, due to the operation thereon of any motor vehicle, the person operating such motor vehicle shall stop and give such reasonable assistance as can be given, and shall, upon request of the person injured or any other person, give such person his name and address, and if not the owner, the name and address of the owner of such motor vehicle, together with the registered number thereof.

In the exercise of police power the legislature may regulate the operation of automobiles on the public highways.-Johnson v. Sergeant, 168 / 444.

(558) § 4817. SEC. 21. Rate of speed. No person shall Rate of speed. operate a motor vehicle upon a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person or the safety of any property; and shall not in any event while upon any highway run at a higher rate of speed than twenty-five miles an hour, and within the corporate limits of all cities and villages the rate of speed shall not be greater than ten miles an hour in the business portion of any such city or village, and not greater than fifteen miles an hour in all other portions thereof, subject, however, to the other provisions of this act. Upon approaching an intersecting highway, a bridge, dam, sharp curve or steep descent, and also in traversing such intersecting highways, bridge, dam, curve or descent, a person operating a motor vehicle shall have it under control and operate it at such speed as is reasonable and proper, having regard to the traffic then on such highway and the safety of the public. (559) § 4818. SEC. 22. Upon approaching a person walking in the roadway of a public highway, or a horse or horses, or other draft animals being ridden, led or driven thereon, a

Approach to

intersection,

etc.

When to slow

down and

give warning.

Local regulations.

person operating a motor vehicle shall slow down to a speed not exceeding ten miles an hour and give reasonable warning of its approach and use every reasonable precaution to insure the safety of such person or animal, and in case of a horse or horses or other draft animals, to prevent frightening the same.

(560) § 4819. SEC. 23. Local authorities. Local authori ties may, notwithstanding the provisions of this act, make, enforce and maintain such reasonable ordinances, rules or regulations concerning the speed at which motor vehicles may be operated in any park or parkway within a city or incorporated village, but in no case to permit a greater speed than is provided in this act, and as a condition thereto, such local authorities must, by signs at each entrance of such park and along said parkway, conspicuously indicate the rate of speed permitted or required, and may exclude motor vehicles from any cemetery or grounds used for the burial of the dead.

Prima facie negligence.

Absence of lights.

VEHICLES STRUCK FROM THE REAR.

An Act to create a prima facie presumption of negligence in certain cases where a vehicle is struck from the rear.

[Act 236, P. A. 1919.]

The People of the State of Michigan enact: (561) SECTION 1. In any action, in any court in this state when it is shown, by competent evidence, that a vehicle traveling in a certain direction, overtook and struck the rear end of another vehicle proceeding in the same direction, or lawfully standing upon any highway within this state, the driver or operator of such first mentioned vehicle shall be deemed prima facie guilty of negligence. This act shall apply, in appropriate cases, to the owner of such first mentioned vehicle and to the employer of its driver or operator.

(562) SEC. 2. This act may not be invoked by the owner of any vehicle, the rear of which was struck under the cir cumstances above mentioned, if the accident occurred between one hour after sunset and one hour before sunrise and the vehicle so struck did not, at the time, have a lighted lamp or lantern reasonably visible to the drivers of vehicles approaching from the rear.

STANDARDIZING GAUGE OF VEHICLES.

An Act to standardize the gauge of vehicles to be used on the public highways of this state and to regulate the manufacture, sale and use thereof.

[Act 73, P. A. 1919.]

The People of the State of Michigan enact:

gauge.

(563) SECTION 1. On and after the first day of January, Standard nineteen hundred twenty-one, the standard gauge for all vehicles to be used on the public highways of this state shall be fifty-six inches from center to center of tread and it shall thereafter be unlawful to use on any of the public highways of this state or to manufacture, sell or offer for sale, for use on any of the public highways of this state any vehicle of other than standard gauge except such vehicles as are used for extraordinary purposes. For the purposes of construing this Exceptions. act, motor trucks, moving vans, logging sleighs, with a wider draft than above standard gauge, cutters and light delivery sleighs shall be conclusively presumed to be vehicles used for extraordinary purposes: Provided, however, That nothing Proviso. in this act contained shall be construed to prohibit the use or sale of any vehicle owned in this state at the time this law goes into effect.

violation.

(564) SEC. 2. Any person, firm or corporation, violating Penalty for the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in the sum of not less than five dollars nor more than twenty-five dollars, or be confined in the county jail for not less than five days nor more than twenty-five days, or both such fine and imprisonment in the discretion of the court.

USE OF BICYCLES, ETC., ON SIDEWALKS.

An Act to prohibit the use of bicycles, motor cycles or other motor vehicles, on sidewalks in unincorporated villages, or plat or plats not in any incorporated village or city.

[Act 38, P. A. 1917.]

The People of the State of Michigan enact:

(565) SECTION 1. SECTION 1. It shall be unlawful for any person or persons to operate or ride a bicycle, motor cycle or other motor driven vehicle upon that part of the street or highway where sidewalks have been regularly laid out and constructed for the use of pedestrians, not including cross walks, in any unincorporated village, or plat or plats, not in any incorporated village or city.

Certain use

of vehicles prohibited.

Penalty.

(566) SEC. 2. Any person or persons who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or be confined to the county jail for a period not exceeding thirty days or both in the discretion of the court.

Maximum weight.

Maximum

wheel loads.

Schedule.

OPERATION OF MOTOR TRUCKS ON HIGHWAYS.

An Act to regulate the operation and use of vehicles on the highways. [Act 132, P. A. 1917.]

The People of the State of Michigan enact:

(567) SECTION 1. It shall be unlawful to operate any vehicle upon the public highways of this state, the gross weight of which exceeds fifteen tons.

(568) SEC. 2. It shall be unlawful to operate any vehicle, except motor driven vehicles, upon the highways of this state, the gross weight on any wheel of which exceeds that given in the schedule under section three, this act.

(569)

Width of

SEC. 3.

[blocks in formation]

Brakes, type of.

Tire gauge.

Metal tires on trucks, etc.,

ful.

Maximum
Load for
4 Wheels.

1600 2400 3200 4400 5600 7200 8800 10800 12800

(570) SEC. 4. In case a vehicle is equipped with a braking device said brakes shall be of a friction type and not of a type that will cause a deadlock of the wheels when applied.

(571) SEC. 5. No motor trucks or trailers, hereafter operating upon the public highways of the state, shall have a gauge of more than seventy-five inches measured from center of tire to center of tire, and shall not be more than ninetysix inches wide over all nor over twelve feet six inches in height.

(572) SEC. 6. No motor trucks or trailers, hereafter when unlaw operating upon the public highways of this state, shall be equipped with driving wheels the tires of which are of metal that may come in contact with the surface of the road, or which have a partial contact of the metal with the surface of the road, except where chains or other non-skidding devices are used: Provided, That motor trucks or trailers may be

Proviso.

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