SENATE BILL NO. 432 March 11, 1999, Introduced by Senator BULLARD and referred to the Committee on Transportation and Tourism. 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 transportationcommission2 DEPARTMENT or county road commission, with respect to highways 3 under its jurisdiction, and the director of the department of 4 state police jointly determine upon the basis of an engineering 5 and traffic investigation that the speed of vehicular traffic on 6 a state trunk line or county highway is greater or less than is 7 reasonable or safe under the conditions found to exist at an 8 intersection or other place or upon a part of the highway, the 9 officials acting jointly may determine and declare a reasonable 10 and safe maximum or minimum speed limit on that state trunk line, 02426'99 TJS 2 1 county highway, or intersection which shall be effective at the 2 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 line or county highway, which is within 1,000 feet of a school in 7 the school district of which that person is the superintendent, 8 is greater or less than is reasonable or safe, the officials 9 shall include the superintendent of the school district affected 10 in acting jointly in determining and declaring a reasonable and 11 safe maximum or minimum speed limit on that state trunk line or 12 county highway. THE MAXIMUM SPEED LIMIT ON ALL NONPAVED ROADS OR 13 PARTS OF NONPAVED ROADS WHICH CONSIST OF CRUSHED STONE, SHALE, 14 SLAG, SAND, GRAVEL, OR OTHER AGGREGATE UPON WHICH A MAXIMUM SPEED 15 LIMIT IS NOT OTHERWISE FIXED UNDER THIS ACT SHALL BE 45 MILES PER 16 HOUR. The maximum speed limit on all highways or parts of high- 17 ways upon which a maximum speed limit is not otherwise fixed 18pursuant toUNDER this act shall be 55 miles per hour. 19 (2) If upon investigation the state transportation 20commissionDEPARTMENT or county road commission and the direc- 21 tor of the department of state police find it in the interest of 22 public safety, they may order the township board, or city or vil- 23 lage officials to erect and maintain, take down, or regulate the 24 speed control signs, signals, or devices as directed, and in 25 default of an order the state transportationcommission26 DEPARTMENT or county road commission may cause the designated 27 signs, signals, and devices to be erected and maintained, taken 02426'99 3 1 down, regulated, or controlled, in the manner previously 2 directed, and pay for the erecting and maintenance, removal, reg- 3 ulation, or control of the sign, signal, or device out of the 4 highway fund designated. 5 (3) A public record of all speed control signs, signals, or 6 devices authorized under this section shall be filed in the 7 office of the county clerk of the county in which the highway is 8 located, and a certified copy shall be prima facie evidence in 9 all courts of the issuance of the authorization. The public 10 record with the county clerk shall not be required as prima facie 11 evidence of authorization in the case of signs erected or placed 12 temporarily for the control of speed or direction of traffic at 13 points where construction, repairs, or maintenance of highways is 14 in progress, or along a temporary alternate route established to 15 avoid the construction, repair, or maintenance of a highway, if 16 the signs are of uniform design approved by the state transporta- 17 tioncommissionDEPARTMENT and the director of the department 18 of state police and clearly indicate a special control, when 19 proved in court that the temporary traffic-control sign was 20 placed by the state transportationcommissionDEPARTMENT or on 21 the authority of the state transportationcommissionDEPARTMENT 22 and the director of the department of state police or by the 23 county road commission or on the authority of the county road 24 commission, at a specified location. 25 (4) A person who fails to observe an authorized speed or 26 traffic control sign, signal, or device is responsible for a 27 civil infraction. 02426'99 4 1 (5) Except as otherwise provided in this section, the 2 maximum speed limit on all freeways shall be 65 miles per hour 3 except that the state transportation department may designate not 4 more than 170 miles of freeway in this state on which the speed 5 limit may be less than 65 miles per hour. The director of the 6 state transportation department, in consultation with the depart- 7 ment of state police, beginning July 31, 1996, shall establish 8 five areas of freeway miles as test zones on which the speed 9 limit may be increased to 70 miles per hour in order to conduct a 10 study to determine whether any of those miles of freeway on which 11 the speed limit is 65 miles per hour onthe effective date of12the 1996 amendatory act that amended this sectionJUNE 25, 1996 13 may be increased to 70 miles per hour. Tests shall be conducted 14 from August 1, 1996 through October 31, 1996. The study shall be 15 completed by December 15, 1996 and shall be based on traffic con- 16 gestion and other traffic safety issues as determined by the 17 director of the department of state police or his or her designee 18 and on engineering criteria as determined by the director of the 19 state transportation department or his or her designee. If the 20 study indicates that certain miles of freeway are eligible for 21 increase, the speed limit on those miles of freeway may be 22 increased to 70 miles per hour. The minimum speed limit on all 23 freeways shall be 45 miles per hour except if reduced speed is 24 necessary for safe operation or in compliance with law or in com- 25 pliance with a special permit issued by an appropriate 26 authority. 02426'99 5 1 (6) The maximum rates of speed allowedpursuant toUNDER 2 this section are subject to the maximum rates established 3pursuant toUNDER section 629b, section 627(5) to (7) for cer- 4 tain vehicles and vehicle combinations, and section 629(4). 5 (7) A citation or civil infraction determination for exceed- 6 ing a lawful maximum speed limit of 55 miles per hour by driving 7 65 miles per hour or less shall not be considered by any person 8 in establishing automobile insurance eligibility or automobile 9 insurance rates. 02426'99 Final page. TJS