HOUSE BILL No. 4651 April 22, 1997, Introduced by Reps. Schroer, Cherry, Baird, Gire, LaForge and Bogardus and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 1996 PA 320. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 628. (1) If the state transportation commission or 2 county road commission, with respect to highways under its juris- 3 diction, and the director of the department of state police 4 jointly determine upon the basis of an engineering and traffic 5 investigation that the speed of vehicular traffic on a state 6 trunk line or county highway is greater or less than is reason- 7 able or safe under the conditions found to exist at an intersec- 8 tion or other place or upon a part of the highway, the officials 9 acting jointly may determine and declare a reasonable and safe 10 maximum or minimum speed limit on that state trunk line, county 02326'97 TJS 2 1 highway, or intersection which shall be effective at the times 2 determined when appropriate signs giving notice of the speed 3 limit are erected at the intersection or other place or part of 4 the highway. If a superintendent of a school district determines 5 that the speed of vehicular traffic on a state trunk line or 6 county highway, which is within 1,000 feet of a school in the 7 school district of which that person is the superintendent, is 8 greater or less than is reasonable or safe, the officials shall 9 include the superintendent of the school district affected in 10 acting jointly in determining and declaring a reasonable and safe 11 maximum or minimum speed limit on that state trunk line or county 12 highway. The maximum speed limit on all highways or parts of 13 highways upon which a maximum speed limit is not otherwise fixed 14 pursuant to this act shall be 55 miles per hour. HOWEVER A 15 COUNTY MAY DETERMINE AND POST A SPEED LIMIT OF OTHER THAN 55 16 MILES PER HOUR ON A GRAVEL ROAD WITHIN THE COUNTY. 17 (2) If upon investigation the state transportation commis- 18 sion or county road commission and the director of the department 19 of state police find it in the interest of public safety, they 20 may order the township board, or city or village officials to 21 erect and maintain, take down, or regulate the speed control 22 signs, signals, or devices as directed, and in default of an 23 order the state transportation commission or county road commis- 24 sion may cause the designated signs, signals, and devices to be 25 erected and maintained, taken down, regulated, or controlled, in 26 the manner previously directed, and pay for the erecting and 02326'97 3 1 maintenance, removal, regulation, or control of the sign, signal, 2 or device out of the highway fund designated. 3 (3) A public record of all speed control signs, signals, or 4 devices authorized under this section shall be filed in the 5 office of the county clerk of the county in which the highway is 6 located, and a certified copy shall be prima facie evidence in 7 all courts of the issuance of the authorization. The public 8 record with the county clerk shall not be required as prima facie 9 evidence of authorization in the case of signs erected or placed 10 temporarily for the control of speed or direction of traffic at 11 points where construction, repairs, or maintenance of highways is 12 in progress, or along a temporary alternate route established to 13 avoid the construction, repair, or maintenance of a highway, if 14 the signs are of uniform design approved by the state transporta- 15 tion commission and the director of the department of state 16 police and clearly indicate a special control, when proved in 17 court that the temporary traffic-control sign was placed by the 18 state transportation commission or on the authority of the state 19 transportation commission and the director of the department of 20 state police or by the county road commission or on the authority 21 of the county road commission, at a specified location. 22 (4) A person who fails to observe an authorized speed or 23 traffic control sign, signal, or device is responsible for a 24 civil infraction. 25 (5) Except as otherwise provided in this section, the maxi- 26 mum speed limit on all freeways shall be 65 miles per hour except 27 that the state transportation department may designate not more 02326'97 4 1 than 170 miles of freeway in this state on which the speed limit 2 may be less than 65 miles per hour. The director of the state 3 transportation department, in consultation with the department of 4 state police, beginning July 31, 1996, shall establish five areas 5 of freeway miles as test zones on which the speed limit may be 6 increased to 70 miles per hour in order to conduct a study to 7 determine whether any of those miles of freeway on which the 8 speed limit is 65 miles per hour on the effective date of the 9 1996 amendatory act that amended this section may be increased to 10 70 miles per hour. Tests shall be conducted from August 1, 1996 11 through October 31, 1996. The study shall be completed by 12 December 15, 1996 and shall be based on traffic congestion and 13 other traffic safety issues as determined by the director of the 14 department of state police or his or her designee and on engi- 15 neering criteria as determined by the director of the state 16 transportation department or his or her designee. If the study 17 indicates that certain miles of freeway are eligible for 18 increase, the speed limit on those miles of freeway may be 19 increased to 70 miles per hour. The minimum speed limit on all 20 freeways shall be 45 miles per hour except if reduced speed is 21 necessary for safe operation or in compliance with law or in com- 22 pliance with a special permit issued by an appropriate 23 authority. 24 (6) The maximum rates of speed allowed pursuant to this sec- 25 tion are subject to the maximum rates established pursuant to 26 section 629b, section 627(5) to (7) for certain vehicles and 27 vehicle combinations, and section 629(4). 02326'97 5 1 (7) A citation or civil infraction determination for 2 exceeding a lawful maximum speed limit of 55 miles per hour by 3 driving 65 miles per hour or less shall not be considered by any 4 person in establishing automobile insurance eligibility or auto- 5 mobile insurance rates. 02326'97 Final page. TJS