HOUSE BILL No. 4802

 

May 17, 2005, Introduced by Reps. Anderson, Miller, Tobocman, Gillard, Stakoe, Gleason, Kathleen Law, Hune and Lemmons, III and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 627 (MCL 257.627), as amended by 2004 PA 62.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 627. (1) A person  driving  operating a vehicle on a

 

highway shall drive at a careful and prudent speed not greater than

 

nor less than is reasonable and proper, having due regard to the

 

traffic, surface, and width of the highway and of any other

 

condition then existing. A person shall not  drive  operate a

 

vehicle upon a highway at a speed greater than that which will

 

permit a stop within the assured, clear distance ahead.

 

     (2) Subject to subsection (1) and except in those instances

 

where a lower speed is specified in this chapter, it is prima facie


 

lawful for the driver of a vehicle to drive at a speed not

 

exceeding the following, except when this speed would be unsafe:

 

     (a) 25 miles an hour on all highways in a business or

 

residence district as defined in this act.

 

     (b) 25 miles an hour in public parks unless a different speed

 

is fixed and duly posted.

 

     (3) It is prima facie unlawful for a person to exceed the

 

speed limits prescribed in subsection (2), except as provided in

 

section 629.

 

     (4) The driver of a vehicle in a mobile home park as defined

 

in section 2 of the mobile home commission act, 1987 PA 96, MCL

 

125.2302, shall drive at a careful and prudent speed, not greater

 

than a speed which is reasonable and proper, having due regard for

 

the traffic, surface, width of the roadway, and all other

 

conditions existing, and not greater than a speed which will permit

 

a stop within the assured clear distance ahead. It is prima facie

 

unlawful for the driver of a vehicle to drive at a speed exceeding

 

15 miles an hour in a mobile home park as defined in section 2 of

 

the mobile home commission act, 1987 PA 96, MCL 125.2302.

 

     (4) A person, while operating a vehicle in a mobile home park as

 

defined in section 2 of the mobile home commission act, 1987 PA 96,

 

MCL 125.2302, or in a condominium project established for residential

 

purposes under the condominium act, 1978 PA 59, MCL 559.101 to

 

559.276, shall not exceed the following speeds:

 

     (a) Fifteen miles per hour in a mobile home park.

 

     (b) In a condominium project, a speed posted by the association

 

of co-owners using signs that comply with the requirements of this act


 

and are purchased by the association at its own expense. The speed

 

posted under this subdivision shall not be less than 15 miles per

 

hour. As used in this subdivision, "association of co-owners" means

 

that term as defined in section 3 of the condominium act, 1978 PA 59,

 

MCL 559.103.

 

     (c) A careful and prudent speed, not greater than a speed that is

 

reasonable and proper, having due regard for the traffic, surface,

 

width of the roadway, and all other conditions existing and not

 

greater than a speed that will permit a stop within the assured clear

 

distance ahead.

 

     (5) It is prima facie unlawful for the driver of a vehicle to

 

exceed the speed limits set forth in subsection (4)(a) or (b).

 

     (6)  (5)  A person  driving  operating a passenger vehicle

 

drawing another vehicle or trailer shall not exceed a speed of 55

 

miles per hour, unless the vehicle or trailer has 2 wheels or less

 

and does not exceed the combined weight of 750 pounds for the

 

vehicle or trailer and load, or a trailer coach of not more than 26

 

feet in length with brakes on each wheel and attached to the

 

passenger vehicle with an equalizing or stabilizing coupling unit.

 

     (7)  (6)  A person operating a truck with a gross weight of

 

10,000 pounds or more, a truck-tractor with a trailer, or a

 

combination of these vehicles shall not exceed a speed of 55 miles

 

per hour on highways, streets, or freeways and shall not exceed a

 

speed of 35 miles per hour during the period when reduced loadings

 

are being enforced in accordance with this chapter.

 

     (8)  (7)  A person  driving  operating a school bus shall not

 

exceed the speed of 50 miles per hour.


 

     (9)  (8)  The maximum  rates of  speeds allowed  pursuant to  

 

under this section are subject to the maximum rate established  

 

pursuant to  under section 629b.

 

     (10)  (9)  A person operating a vehicle on a highway, when

 

entering and passing through a work zone  described in section

 

79e(a), or, beginning April 8, 2004, described in section 79d(a),

 

where a normal lane or part of the lane of traffic has been closed

 

due to highway construction, maintenance, or surveying activities,

 

shall not exceed a speed of 45 miles per hour unless a different

 

speed limit is determined for that work zone by the state

 

transportation department, a county road commission, or a local

 

authority. The state transportation department, a county road

 

commission, or a local authority shall post speed limit signs in

 

each work zone  described in section 79e(a), or, beginning April 8,

 

2004, described in section 79d(a),  that indicate the speed limit

 

in that work zone and shall identify that work zone with any other

 

traffic control devices necessary to conform to the Michigan manual

 

of uniform traffic control devices. A person shall not exceed a

 

speed limit established under this section or a speed limit

 

established under section 628 or 629.

 

     (11)  (10)  A person who violates this section is responsible

 

for a civil infraction.