September 29, 2010, Introduced by Reps. Roberts, Young, Miller, Donigan and Meadows and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 627, 628, and 629 (MCL 257.627, 257.628, and
257.629), as amended by 2006 PA 85.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 627. (1) A person operating a vehicle on a highway shall
operate that vehicle 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 operate a vehicle upon
a highway at a speed greater than that which will permit a stop
within the assured, clear distance ahead.
(2) Except in those instances where a lower speed is specified
in this chapter, including as required under section 628 or
permitted
under section 629, or the speed is
unsafe pursuant to
under subsection (1), it is prima facie lawful for the operator of
a vehicle to operate that vehicle at a speed not exceeding the
following,
except when this speed would is
determined to be unsafe
pursuant to an engineering and traffic study:
(a) 25 miles per hour on all highways in a business district.
as
that term is defined in section 5.
(b) 25 miles per hour in public parks unless a different speed
is fixed and duly posted.
(c) 25 miles per hour on all highways or parts of highways
within the boundaries of land platted under the land division act,
1967 PA 288, MCL 560.101 to 560.293, or the condominium act, 1978
PA 59, MCL 559.101 to 559.276, unless a different speed is fixed
and posted.
(d) 25 miles per hour on a highway segment with 60 or more
vehicular access points within 1/2 mile.
(e) 35 miles per hour on a highway segment with not less than
45 vehicular access points but no more than 59 vehicular access
points within 1/2 mile.
(f) 45 miles per hour on a highway segment with not less than
30 vehicular access points but no more than 44 vehicular access
points within 1/2 mile.
(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) A person 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, shall operate that vehicle at 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 permits a stop within the assured clear distance ahead. It is
prima facie unlawful for the operator of a vehicle to operate that
vehicle 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.
(5) A person operating a passenger vehicle drawing another
vehicle or trailer shall not exceed the posted speed limit.
(6) Except as otherwise provided in this subsection, a person
operating a truck with a gross weight of 10,000 pounds or more, a
truck-tractor, a truck-tractor with a semi-trailer or 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. However, a
person operating a school bus, a truck, a truck-tractor, or a
truck-tractor with a semi-trailer or trailer described in this
subsection shall not exceed a speed of 60 miles per hour on a
freeway if the maximum speed limit on that freeway is 70 miles per
hour.
(7) Except as otherwise provided in subsection (6), a person
operating a school bus shall not exceed the speed of 55 miles per
hour.
(8) The maximum rates of speeds allowed under this section are
subject to the maximum rate established under section 629b.
(9) A person operating a vehicle on a highway, when entering
and passing through a work zone 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, based
on accepted engineering practice. The state transportation
department, a county road commission, or a local authority shall
post speed limit signs in each work zone 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.
(10) Subject to subsections (1) and (2)(c), speed limits
established
pursuant to under this section are not valid unless
properly posted. In the absence of a properly posted sign, the
speed
limit in effect shall be the general speed limit pursuant to
under section 628(1).
(11) Nothing in this section prevents the establishment of an
absolute
speed limit pursuant to under
section 628. Subject to
subsection
(1), an absolute speed limit established pursuant to
under section 628 supersedes a prima facie speed limit established
pursuant
to under this section.
(12) Nothing in this section shall be construed as
justification to deny a traffic and engineering investigation.
(13) As used in this section, "vehicular access point" means a
driveway or intersecting roadway. However, for a roadway leading
into a subdivision, the number of vehicular access points for that
single roadway is determined by calculating the number of
residences of the subdivision and dividing that number by 4, and
then adding 1 to that sum.
(14) A person who violates this section is responsible for a
civil infraction.
Sec.
628. (1) If For a state trunk line highway lying outside
the borders of a city or village, if the state transportation
department
and the department of state police jointly local unit of
government in which the trunk line lies unanimously determine upon
the
basis of an engineering and traffic investigation study
demonstrating that traffic safety statistics indicate that the
speed
of vehicular traffic on a state trunk line highway is should
be greater or less than is reasonable or safe under the conditions
found to exist at an intersection or other place or upon a part of
the
highway, the departments acting jointly may entities shall, in
accordance
with this section, jointly determine, and
declare, and
establish a reasonable and safe maximum or minimum speed limit on
that state trunk line highway or intersection that shall be
effective at the times determined when appropriate signs giving
notice of the speed limit are erected at the intersection or other
place
or part of the highway. The maximum speed limit on all
highways
or parts of highways upon which a maximum speed limit is
not
otherwise fixed under this act is 55 miles per hour,
which
shall
be known and may be referred to as the "general speed limit".
(2) For a state trunk line highway lying within the boundaries
of a city or village, the determination of whether currently posted
speed limits should be greater or less than currently posted within
the boundaries of the city or village shall require a unanimous
decision of the department of transportation, and the city or
village council.
(3) (2)
If the a county
road commission, the a township board,
and
the department of state police county sheriff unanimously
determine
based upon the basis of findings presented in an
engineering
and traffic investigation study
that the speed of
vehicular traffic on a county highway is greater or less than is
reasonable
or safe under the conditions found to exist upon any
that part of the highway upon which the study was conducted, then
acting unanimously they may establish a reasonable and safe maximum
or minimum speed limit on that county highway that is effective at
the times determined when appropriate signs giving notice of the
speed limit are erected on the highway. A township board that does
not wish to continue as part of the process provided by this
subsection shall notify in writing the county road commission. As
used in this subsection, "county road commission" means the board
of county road commissioners elected or appointed under section 6
of chapter IV of 1909 PA 283, MCL 224.6, or, in the case of a
charter county with a population of 2,000,000 or more with an
elected county executive that does not have a board of county road
commissioners, the county executive.
(4) (3)
If a superintendent of a school
district determines
that
the speed of vehicular traffic on a state
trunk line or county
highway ,
which is lies within 1,000 feet of a public school, in
the
school district of which that person is the superintendent, the
unanimous determination of whether a currently posted speed limit
is
greater or less than is reasonable or safe , the officials
identified
in subsection (1) or (2), as appropriate, shall include
the
superintendent of the public school district affected in acting
jointly
in determining, and
declaring, and establishing a
reasonable and safe maximum or minimum speed limit on that state
trunk line or county highway.
(5) (4)
In the case of a county highway of
not less than 1
mile long with residential lots with road frontage of 300 feet or
less along either side of the highway or schools with frontage on
the highway for the length of that part of the highway that is
under review for a proposed change in the speed limit, and for a
distance of up to 1/2 mile on either side of the residential
property or school property or both, the township board may
petition the county road commission or in charter counties where
there is no road commission, but there is a county board of
commissioners, the township board may petition the county board of
commissioners for a proposed change in the speed limit. The county
road commission or in charter counties where there is no road
commission, but there is a county board of commissioners, the
township board may petition the county board of commissioners to
approve the proposed change in the speed limit without the
necessity of an engineering and traffic investigation.
(6) Speed limits established by the procedures set forth in
this section shall be effective, and a certified copy of the
authorization or determination shall be prima facie evidence in all
courts of the issuance of the authorization or determination, when
both of the following occur:
(a) A written copy of the determination is filed in the office
of the county clerk of the county or counties where the highway is
located.
(b) The state transportation department or a local unit of
government erects upon the affected highway adequate signs giving
notice of the permissible speed.
(7) (5)
If, upon investigation the
state transportation
department
or county road commission and the department of state
police
find it after complying with
the procedures set forth in
this section, it is found that, in the interest of public safety,
they
may order the township board, or city or village officials
there
is a need to erect and maintain, take
down, or regulate the
speed
control signs, signals, or devices as directed, and in
default
lieu of an order, the state transportation department or
county road commission may cause the designated signs, signals, and
devices to be erected and maintained, taken down, regulated, or
controlled, in the manner previously directed, and pay for the
erecting and maintenance, removal, regulation, or control of the
sign, signal, or device out of the highway fund designated.
(8) (6)
A public record of all speed
control signs, signals,
or devices authorized under this section shall be filed in the
office of the county clerk of the county in which the highway is
located, and a certified copy shall be prima facie evidence in all
courts of the issuance of the authorization. The public record with
the county clerk shall not be required as prima facie evidence of
authorization in the case of signs erected or placed temporarily
for the control of speed or direction of traffic at points where
construction, repairs, or maintenance of highways is in progress,
or along a temporary alternate route established to avoid the
construction, repair, or maintenance of a highway, if the signs are
of uniform design approved by the state transportation department
and the department of state police and clearly indicate a special
control, when proved in court that the temporary traffic control
sign was placed by the state transportation department or on the
authority of the state transportation department and the department
of state police or by the county road commission or on the
authority of the county road commission, at a specified location.
(9) (7)
A person who fails to observe an
authorized speed or
traffic control sign, signal, or device is responsible for a civil
infraction.
(10) (8)
Except as otherwise provided in
this section, the
maximum speed limit on all freeways shall be 70 miles per hour
except that if the state transportation department and the
department of state police jointly determine upon the basis of an
engineering and traffic investigation that the speed of vehicular
traffic on a freeway is greater or less than is reasonable or safe
under the conditions found to exist upon a part of the freeway, the
departments acting jointly may determine and declare a reasonable
and safe maximum or minimum speed limit on that freeway that is not
more than 70 miles per hour but not less than 55 miles per hour and
that shall be effective when appropriate signs giving notice of the
speed limit are erected. The minimum speed limit on all freeways is
55 miles per hour except if reduced speed is necessary for safe
operation or in compliance with law or in compliance with a special
permit issued by an appropriate authority.
(11) (9)
The maximum rates of speed allowed
under this section
are
subject to the maximum rates established under section 629b,
section 627(5) to (7) for certain vehicles and vehicle
combinations,
and section 629(4).629(3)
and section 629b.
(12) (10)
Except for the general speed limit described in
subsection
(1), speed Speed limits established pursuant to this
section shall be known as absolute speed limits.
Sec. 629. (1) Local authorities may establish or increase the
prima facie speed limits on highways under their jurisdiction
subject to the following limitations:
(a)
A highway within a business district on which where the
prima facie speed limit is increased shall be designated a through
highway at the entrance to which vehicles shall be required to stop
before entering, except that where 2 of these through highways
intersect, local authorities may require traffic on only 1 highway
to stop before entering the intersection.
(b)
The A local authorities authority shall place and
maintain, upon all through highways within its jurisdiction in
which the permissible speed is increased, adequate signs giving
notice of the special regulations and shall also place and maintain
upon each highway intersecting a through highway, appropriate signs
which shall be reflectorized or illuminated at night.
(c) Local authorities may establish prima facie lawful speed
limits on highways outside of business districts that are
consistent with the limits established in section 627(2).
(2)
The state transportation department shall establish the
speed
upon all trunk line highways located within cities and
villages
as follows:
(a)
A written copy of the authorization or determination shall
be
filed in the office of the county clerk of the county or
counties
where the highway is located and a certified copy of the
authorization
or determination shall be prima facie evidence in all
courts
of the issuance of the authorization or determination.
(b)
When the state transportation department increases the
speed
upon a trunk line highway as provided in this act, subject to
section
627a, the state transportation department shall place and
maintain
upon these highways adequate signs giving notice of the
permissible
speed fixed by the state transportation commission.
(2) (3)
Local authorities are authorized
to may decrease the
prima facie speed limits to not less than 15 miles per hour in
public parks under their jurisdiction. A decrease in the prima
facie speed limits is binding when adequate signs are duly posted
giving notice of the reduced speeds.
(3) (4)
Local authorities are authorized to
decrease the prima
facie speed limits to not less than 25 miles an hour on each street
or highway under their jurisdiction that is adjacent to a publicly
owned park or playground. A decrease in the prima facie speed
limits is binding when adequate signs are duly posted giving notice
of the reduced speeds. As used in this subsection, "local
authority" includes the county road commission with the concurrence
of the township board of a township for a street or highway within
the boundaries of the township.
(4) (5)
The maximum rates of speed allowed
under this section
are subject to the maximum rate established under section 629b.
(5) (6)
A person who exceeds a lawful speed
limit established
under this section is responsible for a civil infraction.
(6) (7)
As used in this section,
"local authority" means the
governing body of a city or village, except as provided in
subsection
(4) (3).