HOUSE BILL No. 4206 February 9, 1999, Introduced by Reps. Rick Johnson, Green, Schermesser, Bovin, Allen, Prusi, Tabor, Gilbert, Bradstreet and DeWeese 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 commissionor2county road commission, with respect to highways under its3jurisdiction,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 lineor countyhighway 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, county00184'99 TJS 2 1highway,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. 5 (2) IF THE COUNTY ROAD COMMISSION, THE TOWNSHIP BOARD, AND 6 THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE JOINTLY DETERMINE 7 UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION THAT 8 THE SPEED OF VEHICULAR TRAFFIC ON A COUNTY HIGHWAY IS GREATER OR 9 LESS THAN IS REASONABLE OR SAFE UNDER THE CONDITIONS FOUND TO 10 EXIST AT AN INTERSECTION OR OTHER PLACE OR UPON A PART OF THE 11 HIGHWAY, THE OFFICIALS ACTING JOINTLY MAY ESTABLISH A REASONABLE 12 AND SAFE MAXIMUM OR MINIMUM SPEED LIMIT AT THAT INTERSECTION OR 13 ON THAT COUNTY HIGHWAY THAT SHALL BE EFFECTIVE AT THE TIMES 14 DETERMINED WHEN APPROPRIATE SIGNS GIVING NOTICE OF THE SPEED 15 LIMIT ARE ERECTED AT THE INTERSECTION OR OTHER PLACE OR PART OF 16 THE HIGHWAY. 17 (3) If a superintendent of a school district determines that 18 the speed of vehicular traffic on a state trunk line or county 19 highway, which is within 1,000 feet of a school in the school 20 district of which that person is the superintendent, is greater 21 or less than is reasonable or safe, the officials IDENTIFIED IN 22 SUBSECTION (1) OR (2), AS APPROPRIATE, shall include the superin- 23 tendent of the school district affected in acting jointly in 24 determining and declaring a reasonable and safe maximum or mini- 25 mum speed limit on that state trunk line or county highway. The 26 maximum speed limit on all highways or parts of highways upon 00184'99 3 1 which a maximum speed limit is not otherwise fixedpursuant to2 UNDER this act shall be 55 miles per hour. 3 (4)(2)If upon investigation the state transportation 4 commission or county road commission and the director of the 5 department of state police find it in the interest of public 6 safety, they may order the township board, or city or village 7 officials to erect and maintain, take down, or regulate the speed 8 control signs, signals, or devices as directed, and in default of 9 an order the state transportation commission or county road com- 10 mission may cause the designated signs, signals, and devices to 11 be erected and maintained, taken down, regulated, or controlled, 12 in the manner previously directed, and pay for the erecting and 13 maintenance, removal, regulation, or control of the sign, signal, 14 or device out of the highway fund designated. 15 (5)(3)A public record of all speed control signs, sig- 16 nals, or devices authorized under this section shall be filed in 17 the office of the county clerk of the county in which the highway 18 is located, and a certified copy shall be prima facie evidence in 19 all courts of the issuance of the authorization. The public 20 record with the county clerk shall not be required as prima facie 21 evidence of authorization in the case of signs erected or placed 22 temporarily for the control of speed or direction of traffic at 23 points where construction, repairs, or maintenance of highways is 24 in progress, or along a temporary alternate route established to 25 avoid the construction, repair, or maintenance of a highway, if 26 the signs are of uniform design approved by the state 27 transportation commission and the director of the department of 00184'99 4 1 state police and clearly indicate a special control, when proved 2 in court that the temporary traffic-control sign was placed by 3 the state transportation commission or on the authority of the 4 state transportation commission and the director of the depart- 5 ment of state police or by the county road commission or on the 6 authority of the county road commission, at a specified 7 location. 8 (6)(4)A person who fails to observe an authorized speed 9 or traffic control sign, signal, or device is responsible for a 10 civil infraction. 11 (7)(5)Except as otherwise provided in this section, the 12 maximum speed limit on all freeways shall be 65 miles per hour 13 except that the state transportation department may designate not 14 more than 170 miles of freeway in this state on which the speed 15 limit may be less than 65 miles per hour. The director of the 16 state transportation department, in consultation with the depart- 17 ment of state police, beginning July 31, 1996, shall establish 18 five areas of freeway miles as test zones on which the speed 19 limit may be increased to 70 miles per hour in order to conduct a 20 study to determine whether any of those miles of freeway on which 21 the speed limit is 65 miles per hour onthe effective date of22the 1996 amendatory act that amended this sectionJUNE 25, 1996 23 may be increased to 70 miles per hour. Tests shall be conducted 24 from August 1, 1996 through October 31, 1996. The study shall be 25 completed by December 15, 1996 and shall be based on traffic con- 26 gestion and other traffic safety issues as determined by the 27 director of the department of state police or his or her designee 00184'99 5 1 and on engineering criteria as determined by the director of the 2 state transportation department or his or her designee. If the 3 study indicates that certain miles of freeway are eligible for 4 increase, the speed limit on those miles of freeway may be 5 increased to 70 miles per hour. The minimum speed limit on all 6 freeways shall be 45 miles per hour except if reduced speed is 7 necessary for safe operation or in compliance with law or in com- 8 pliance with a special permit issued by an appropriate 9 authority. 10 (8)(6)The maximum rates of speed allowed pursuant to 11 this section are subject to the maximum rates established 12pursuant toUNDER section 629b, section 627(5) to (7) for cer- 13 tain vehicles and vehicle combinations, and section 629(4). 14 (9)(7)A citation or civil infraction determination for 15 exceeding a lawful maximum speed limit of 55 miles per hour by 16 driving 65 miles per hour or less shall not be considered by any 17 person in establishing automobile insurance eligibility or auto- 18 mobile insurance rates. 00184'99 Final page. TJS