November 13, 2014, Introduced by Rep. Jacobsen and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 627 (MCL 257.627), as amended by 2012 PA 252;
and to repeal acts and parts of acts.
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 at the time. 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. A violation
of this subsection shall be known and may be referred to as a
violation of the basic speed law or "VBSL".
(2)
Except in those instances where a lower speed is specified
in
this chapter or the speed is unsafe under Except as provided in
subsection
(1), it is prima facie lawful for the operator of a
vehicle to operate that vehicle on a highway at a speed not
exceeding
the following: , except when this speed would be unsafe:
(a) 15 miles per hour on a highway segment within the
boundaries of a mobile home park, as that term is defined in
section 2 of the mobile home commission act, 1987 PA 96, MCL
125.2302.
(b) (a)
25 miles per hour on all
highways in a highway segment
within a business district.
(c) (b)
25 miles per hour in on a highway segment within the
boundaries
of a public parks unless a different
speed is fixed and
duly
posted.park. A local
authority may decrease the speed limit to
not less than 15 miles per hour in a public park under its
jurisdiction.
(d) (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.a highway segment
within the boundaries of a residential
subdivision, including a condominium subdivision, consisting of a
system of interconnected highways with no through highways and a
limited number of dedicated highways that serve as entrances to and
exits from the subdivision.
(e) (d)
25 miles per hour on a highway
segment with 60 or more
vehicular access points within 1/2 mile.
(f) 30 miles per hour on a highway segment with not less than
50 vehicular access points but no more than 59 vehicular access
points within 1/2 mile.
(g) (e)
35 miles per hour on a highway
segment with not less
than
45 vehicular access points but no more than 59 49 vehicular
access points within 1/2 mile.
(h) 40 miles per hour on a highway segment with not less than
40 vehicular access points but no more than 44 vehicular access
points within 1/2 mile.
(i) (f)
45 miles per hour on a highway
segment with not less
than
30 vehicular access points but no more than 44 39 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.
(3) (6)
Except as otherwise provided in this subsection, a 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
(4) A person operating a school bus, bus, a truck with a gross
weight of 10,000 pounds or more, a truck-tractor, or a truck-
tractor
with a semi-trailer or trailer described in this subsection
or
a combination of these vehicles shall
not exceed a speed of 60
70
miles per hour on a limited access freeway. if the maximum speed
limit
on that freeway is 70 miles per hour. A person operating a
modified
agriculture vehicle shall not exceed a speed of 45 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.
(5) All of the following apply to the speed limits described
in subsection (2):
(a) A highway segment adjacent to or lying between 2 or more
areas described in subsection (2)(a), (b), (c), or (d) shall not be
considered to be within the boundaries of those areas.
(b) A highway segment of more than 1/2 mile in length with a
consistent density of vehicular access points equal to the number
of vehicular access points described in subsection (2)(e), (f),
(g), (h), or (i) shall be posted at the speed limit specified in
the adjoining segment. A separate determination shall be made for
each adjoining highway segment where vehicular access point density
is different.
(c) A speed limit may be posted on highways less than 1/2 mile
in length by prorating in 1/10 mile segments the vehicular access
point density described in subsection (2)(e), (f), (g), (h), or
(i).
(6) (9)
A person operating a vehicle on a highway, when
entering
and passing through a work zone described in section
79d(a)
The speed limit on a highway 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. may be decreased by not
more than 10 miles per hour less than the speed limit normally
posted for that highway segment, but shall not be decreased to less
than 30 miles per hour.
(7) The speed limit on a limited access freeway where a lane
or part of a lane of traffic has been closed due to construction,
maintenance, or surveying activities may be decreased to 60 miles
per hour if only a single lane of traffic remains open for highway
traffic. If road construction workers may be located in close
proximity to a barrel line or cone line and are not protected by a
barrier wall or guardrail, the speed limit may be decreased to 45
miles per hour if a sign is posted noting the presence of workers,
but this lower speed limit only applies to the immediate area where
workers are located within 1 vehicle width of the barrel line or
cone line that separates the work area from the open travel lane
for vehicular traffic.
(8) The speed limit on all rural limited access freeways upon
which a speed limit is not otherwise fixed under this act is 80
miles per hour, which shall be known as the "rural freeway general
speed limit". The minimum speed limit on all rural limited access
freeways upon which a minimum speed limit is not otherwise fixed
under this act is 55 miles per hour. No later than 1 year after the
effective date of the amendatory act that added this subsection,
the state transportation department and the department of state
police shall designate all rural limited access freeways within
this state. As used in this subsection, "rural limited access
freeway" means a freeway segment that has been designated by the
state transportation department and the department of state police
to be rural in nature.
(9) The speed limit on all urban limited access freeways upon
which a speed limit is not otherwise fixed under this act is 70
miles per hour, which shall be known as the "urban freeway general
speed limit". The minimum speed limit on all urban limited access
freeways upon which a minimum speed limit is not otherwise fixed
under this act is 55 miles per hour. No later than 1 year after the
effective date of the amendatory act that added this subsection,
the state transportation department and the department of state
police shall designate all urban limited access freeways within
this state. As used in this subsection, "urban limited access
freeway" means a freeway segment that has been designated by the
state transportation department and the department of state police
to be urban in nature.
(10) The speed limit on all trunk line highways upon which a
speed limit is not otherwise fixed under this act is 65 miles per
hour, which shall be known as the "trunk line general speed limit".
(11) The speed limit on all county highways upon which a speed
limit is not otherwise fixed under this act is 60 miles per hour,
which shall be known as the "general speed limit".
(12) Except as otherwise provided in this subsection, the
speed limit on all county highways with a gravel or unimproved
surface upon which a speed limit is not otherwise fixed under this
act is 55 miles per hour, which shall be known as the "general
gravel road speed limit". The speed limit on a county highway with
a gravel or unimproved surface in a county with a population of
1,000,000 or more is 45 miles per hour.
(13) A public record of all traffic control orders
establishing statutory speed limits authorized under this section
shall be filed with the office of the clerk of the county in which
the county highway is located or at the office of the city or
village clerk or administrative office of the airport, college, or
university in which the local highway is located, and a certified
copy of the traffic control order shall be evidence in every court
of this state of the authority for the issuance of that traffic
control order. The public record filed with the county, city, or
village clerk or administrative office of the airport, college, or
university shall not be required as evidence of authority for
issuing a traffic control order in the case of signs temporarily
erected or placed at points where construction, maintenance, or
surveying activities is in progress.
(14) (10)
Subject to subsections (1) and (2)(c), Except for
speed limits described in subsections (1), (2)(d), (8), (9), (10),
(11), (12), and (13), speed limits established under this section
are not valid unless properly posted. In the absence of a properly
posted
sign, the speed limit in effect shall be is the general
basic
speed limit under section 628(1).law described in subsection
(1). Speed limits established under subsection (2)(b), (e), (f),
(g), (h), and (i) are not valid unless a traffic control order is
filed as described in subsection (13).
(15) (11)
Nothing in this section prevents
the establishment
of
an absolute a modified speed limit under after a speed study as
described
in section 628. Subject to
subsection (1), an absolute A
modified speed limit established under section 628 supersedes a
prima
facie speed limit established 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.
(16) All signs erected or placed under this section shall
conform to the Michigan manual on uniform traffic control devices.
(17) If upon investigation the state transportation department
or county road commission and the department of state police
determine that it is in the interest of public safety, they may
order city, village, airport, college, university, and township
officials to erect and maintain, take down, or regulate speed limit
signs, signals, and devices as directed. In default of an order,
the state transportation department or county road commission may
cause designated signs, signals, and devices to be erected and
maintained, removed, or regulated in the manner previously directed
and pay the costs for doing so out of the designated highway fund.
(18) (14)
A person who violates a speed limit established
under this section is responsible for a civil infraction.
(19) As used in this section:
(a) "Traffic control order" means a document filed with the
proper authority that establishes the legal and enforceable speed
limit for the highway segment described in the document.
(b) "Vehicular access point" means a driveway or intersecting
roadway.
Enacting section 1. Sections 629 and 629c of the Michigan
vehicle code, 1949 PA 300, MCL 257.629 and 257.629c, are repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5965 (request no.
02873'13).
(b) Senate Bill No. ____ or House Bill No. 5966 (request no.
03527'13).
(c) Senate Bill No. ____ or House Bill No. 5962 (request no.
04480'13 *).
(d) Senate Bill No. ____ or House Bill No. 5963 (request no.
04595'13).