Bill Text: MI HB6531 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Traffic control; speed restrictions; establishment of certain speed limits; revise procedures. Amends secs. 627, 628 & 629 of 1949 PA 300 (MCL 257.627 et seq.).

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-10-06 - Printed Bill Filed 09/30/2010 [HB6531 Detail]

Download: Michigan-2009-HB6531-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6531

 

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).