HOUSE BILL No. 5964

 

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).