February 20, 2008, Introduced by Rep. Calley and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 627 and 628 (MCL 257.627 and 257.628), 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 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 be unsafe:
(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
limits 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.
(14) A person who violates this section is responsible for a
civil infraction.
Sec. 628. (1) 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 state trunk line highway is 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 determine and declare 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 paved highways or parts of
paved highways upon which a maximum speed limit is not otherwise
fixed
under this act is 55 miles per hour, which and the maximum
speed limit on all unpaved highways or parts of unpaved highways
upon which a maximum speed limit is not otherwise fixed under this
act is 45 miles per hour. These limits shall be known and may be
referred
to as the "general speed limit limits".
(2) If the county road commission, the township board, and the
department of state police unanimously determine upon the basis of
an engineering and traffic investigation 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
part of the highway, 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.
(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 within 1,000 feet of a school in the school
district of which that person is the superintendent, 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 school district affected in acting jointly in
determining and declaring a reasonable and safe maximum or minimum
speed limit on that state trunk line or county highway.
(4) In the case of a county highway of not less than 1 mile
with residential lots with road frontage of 300 feet or less along
either side of the highway for the length of that part of the
highway that is under review for a proposed change in the speed
limit, 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.
(5) If upon investigation the state transportation department
or county road commission and the department of state police find
it in the interest of public safety, they may order the township
board, or city or village officials to erect and maintain, take
down, or regulate the speed control signs, signals, or devices as
directed, and in default 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.
(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.
(7) A person who fails to observe an authorized speed or
traffic control sign, signal, or device is responsible for a civil
infraction.
(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.
(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).
(10) Except for the general speed limit described in
subsection
(1), speed limits established pursuant to under this
section shall be known as absolute speed limits.