Michigan lawmaker seeks to make ‘rolling coal’ a crime

A Michigan lawmaker has introduced legislation that would make it a crime for drivers to intentionally direct vehicle exhaust at other people, a practice commonly known as “rolling coal.”

House Bills 6459 and 6460, introduced Tuesday by state Rep. Brenda Carter (D-Pontiac), would make it illegal to intentionally aim vehicle exhaust at individuals and establish sentencing guidelines for the offense.

Rolling coal involves modifying a diesel-powered vehicle to emit thick, dark exhaust smoke. The modifications, often achieved by tampering with a vehicle’s emissions-control equipment, allow a driver to direct the resulting smoke at pedestrians, cyclists or occupants of other vehicles. It has also occurred at political protests, including last year in Howell.

Michigan already has a law making it a felony to operate or possess a motor vehicle equipped with a device to produce excessive smoke or gas. This new legislation would address the intentional targeting of individuals with that exhaust, rather than the equipment used to produce the excess emissions.

HB 6459 would add a new section to the Michigan Penal Code, making a first offense a misdemeanor with a maximum 93 day jail sentence and/or  a $500 fine. A second offense would also be a misdemeanor, but with a maximum one year in jail and/or a $1,500 fine. A third offense, however, would be a felony punishable by up to two years in prison and/or a fine of up to $2,500. HB 6460 would add the proposed offense to the state’s criminal sentencing guidelines. 

While the bills are tie-barred, meaning one could not take effect without the other, they were both immediately sent to the House Committee of Government Operations, usually a repository for legislation with little to no hope of getting a committee hearing, much less making it to the House floor for a vote.