HOUSE BILL No. 5886 May 21, 1998, Introduced by Reps. Bodem, Dalman, Law, Lowe, Voorhees, Hammerstrom, Goschka, Gernaat, Richner, Middleton, Raczkowski, Callahan, McBryde, Jansen, McManus and London and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 1996 PA 320. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 628. (1) If the state transportation commissionor2county road commission, with respect to highways under its3jurisdiction,and the director of the department of state police 4 jointly determine upon the basis of an engineering and traffic 5 investigation that the speed of vehicular traffic on a state 6 trunk lineor countyhighway is greater or less than is reason- 7 able or safe under the conditions found to exist at an intersec- 8 tion or other place or upon a part of the highway, the officials 9 acting jointly may determine and declare a reasonable and safe 10 maximum or minimum speed limit on that state trunk line,05387'98 TJS 2 1countyhighway,or intersection which shall be effective at 2 the times determined when appropriate signs giving notice of the 3 speed limit are erected at the intersection or other place or 4 part of the highway. If a superintendent of a school district 5 determines that the speed of vehicular traffic on a state trunk 6 lineor countyhighway, whichTHAT is within 1,000 feet of a 7 school in the school district of which that person is the super- 8 intendent,is greater or less than is reasonable or safe, the 9 officials shall include the superintendent of the school district 10 affected in acting jointly in determining and declaring a reason- 11 able and safe maximum or minimum speed limit on that state trunk 12 lineor countyhighway. 13 (2) IF THE COUNTY ROAD COMMISSION DETERMINES OR THE COUNTY 14 ROAD COMMISSION AND THE TOWNSHIP BOARD WITH RESPECT TO HIGHWAYS, 15 ROADS, OR STREETS IN THE TOWNSHIP JOINTLY DETERMINE UPON THE 16 BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION THAT THE SPEED 17 OF VEHICULAR TRAFFIC ON A COUNTY HIGHWAY OR OTHER HIGHWAY, ROAD, 18 OR STREET IS GREATER OR LESS THAN IS REASONABLE OR SAFE UNDER THE 19 CONDITIONS FOUND TO EXIST AT AN INTERSECTION OR OTHER PLACE OR 20 UPON A PART OF THE HIGHWAY, THE COUNTY ROAD COMMISSION OR THE 21 OFFICIALS ACTING JOINTLY, AS APPLICABLE, MAY DETERMINE AND 22 DECLARE A REASONABLE AND SAFE MAXIMUM OR MINIMUM SPEED LIMIT ON 23 THAT COUNTY HIGHWAY OR INTERSECTION WHICH SHALL BE EFFECTIVE AT 24 THE TIMES DETERMINED WHEN APPROPRIATE SIGNS GIVING NOTICE OF THE 25 SPEED LIMIT ARE ERECTED AT THE INTERSECTION OR OTHER PLACE OR 26 PART OF THE HIGHWAY. IF A SUPERINTENDENT OF A SCHOOL DISTRICT 27 DETERMINES THAT THE SPEED OF VEHICULAR TRAFFIC ON A COUNTY 05387'98 3 1 HIGHWAY THAT IS WITHIN 1,000 FEET OF A SCHOOL IN THE SCHOOL 2 DISTRICT OF WHICH THAT PERSON IS THE SUPERINTENDENT IS GREATER OR 3 LESS THAN IS REASONABLE OR SAFE, THE SUPERINTENDENT OF THE SCHOOL 4 DISTRICT AFFECTED SHALL BE CONSULTED IN DETERMINING AND DECLARING 5 A REASONABLE AND SAFE MAXIMUM OR MINIMUM SPEED LIMIT ON THAT 6 COUNTY HIGHWAY. 7 (3) The maximum speed limit on all highways or parts of 8 highways upon which a maximum speed limit is not otherwise fixed 9 pursuant to this act shall be 55 miles per hour. 10 (4)(2)If upon investigation the state transportation 11 commission or county road commission and the director of the 12 department of state police find it in the interest of public 13 safety, they may order the township board, or city or village 14 officials to erect and maintain, take down, or regulate the speed 15 control signs, signals, or devices as directed, and in default of 16 an order the state transportation commission or county road com- 17 mission may cause the designated signs, signals, and devices to 18 be erected and maintained, taken down, regulated, or controlled, 19 in the manner previously directed, and pay for the erecting and 20 maintenance, removal, regulation, or control of the sign, signal, 21 or device out of the highway fund designated. 22 (5)(3)A public record of all speed control signs, sig- 23 nals, or devices authorized under this section shall be filed in 24 the office of the county clerk of the county in which the highway 25 is located, and a certified copy shall be prima facie evidence in 26 all courts of the issuance of the authorization. The public 27 record with the county clerk shall not be required as prima facie 05387'98 4 1 evidence of authorization in the case of signs erected or placed 2 temporarily for the control of speed or direction of traffic at 3 points where construction, repairs, or maintenance of highways is 4 in progress, or along a temporary alternate route established to 5 avoid the construction, repair, or maintenance of a highway, if 6 the signs are of uniform design approved by the state transporta- 7 tion commission and the director of the department of state 8 police and clearly indicate a special control, when proved in 9 court that the temporary traffic-control sign was placed by the 10 state transportation commission or on the authority of the state 11 transportation commission and the director of the department of 12 state police or by the county road commission or on the authority 13 of the county road commission, at a specified location. 14 (6)(4)A person who fails to observe an authorized speed 15 or traffic control sign, signal, or device is responsible for a 16 civil infraction. 17 (7)(5)Except as otherwise provided in this section, the 18 maximum speed limit on all freeways shall be 65 miles per hour 19 except that the state transportation department may designate not 20 more than 170 miles of freeway in this state on which the speed 21 limit may be less than 65 miles per hour. The director of the 22 state transportation department, in consultation with the depart- 23 ment of state police, beginning July 31, 1996, shall establish 24 five areas of freeway miles as test zones on which the speed 25 limit may be increased to 70 miles per hour in order to conduct a 26 study to determine whether any of those miles of freeway on which 27 the speed limit is 65 miles per hour onthe effective date of05387'98 5 1the 1996 amendatory act that amended this sectionJUNE 25, 1996 2 may be increased to 70 miles per hour. Testsshall beWERE 3 conducted from August 1, 1996 through October 31, 1996. The 4 studyshall beWAS completed by December 15, 1996 andshall5beWAS based on traffic congestion and other traffic safety 6 issues as determined by the director of the department of state 7 police or his or her designee and on engineering criteria as 8 determined by the director of the state transportation department 9 or his or her designee. If the studyindicatesINDICATED that 10 certain miles of freeway are eligible for increase, the speed 11 limit on those miles of freeway may be increased to 70 miles per 12 hour. The minimum speed limit on all freeways shall be 45 miles 13 per hour except if reduced speed is necessary for safe operation 14 or in compliance with law or in compliance with a special permit 15 issued by an appropriate authority. 16 (8)(6)The maximum rates of speed allowed pursuant to 17 this section are subject to the maximum rates established pursu- 18 ant to section 629b, section 627(5) to (7) for certain vehicles 19 and vehicle combinations, and section 629(4). 20 (9)(7)A citation or civil infraction determination for 21 exceeding a lawful maximum speed limit of 55 miles per hour by 22 driving 65 miles per hour or less shall not be considered by any 23 person in establishing automobile insurance eligibility or auto- 24 mobile insurance rates. 05387'98 Final page. TJS