Section 257.616a - Portable signal preemptive device; prohibitions; penalties; exceptions; definitions(1) Except as provided in subsections (3) and (4), a person shall not do any of the following: (a) Possess a portable signal preemption device.(b) Use a portable signal preemption device.(c) Sell a portable signal preemption device to a person other than a person described in subsection (3).(d) Purchase a portable signal preemption device for use other than a duty as described in subsections (3) and (4).(2) A person who violates subsection (1) is guilty of a crime as follows: (a) A person who violates subsection (1)(a) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.(b) Except as provided in subdivisions (c), (d), and (e), a person who violates subsection (1)(b) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.(c) A person who violates subsection (1)(b), which violation results in a traffic accident, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $15,000.00, or both.(d) A person who violates subsection (1)(b), which violation results in the serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.(e) A person who violates subsection (1)(b), which violation results in the death of another, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00, or both.(f) A person who violates subsection (1)(c) or (d) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.(3) This section does not apply to any of the following: (a) A law enforcement agency in the course of providing law enforcement services.(b) A fire station or a firefighter in the course of providing fire prevention or fire extinguishing services.(c) An emergency medical service or ambulance in the course of providing emergency medical transportation or ambulance services.(d) An operator, passenger, or owner of an authorized emergency vehicle in the course of his or her emergency duties.(4) Subsection (1)(a) does not apply to either of the following:(a) A mail or package delivery service or employee or agent of a mail or package delivery service in the course of shipping or delivering a portable signal preemption device.(b) An employee or agent of a portable signal preemption device manufacturer or retailer in the course of his or her employment in providing, selling, manufacturing, or transporting a portable signal preemption device to an individual or agency described in this subsection.(5) As used in this section:(a) "Portable signal preemption device" means a device that, if activated by a person, is capable of changing a traffic control signal to green out of sequence.(b) "Serious impairment of a body function" means that term as defined in section 58c.Added by 2004, Act 25, s 1, eff. 6/14/2004.