January 30, 2003, Introduced by Senators PATTERSON, GILBERT, Van WOERKOM, SANBORN, JACOBS, CROPSEY, GARCIA, GOSCHKA, JELINEK, BIRKHOLZ, PRUSI, ALLEN and JOHNSON 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 2000 PA
167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 628. (1) If the
state transportation commission or
2 county road
commission, with respect to highways under its
3 jurisdiction, 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 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
1 , county highway , or intersection that 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.
5 (2) If the county road commission, the township board, and
6 the director of the department of state police jointly determine
7 upon the basis of an engineering and traffic investigation that
8 the speed of vehicular traffic on a county highway is greater or
9 less than is reasonable or safe under the conditions found to
10 exist at an intersection or other place or upon a part of the
11 highway, the officials acting jointly may establish a reasonable
12 and safe maximum or minimum speed limit at that intersection or
13 on that county highway that shall be effective at the times
14 determined when appropriate signs giving notice of the speed
15 limit are erected at the intersection or other place or part of
16 the highway.
17 (3) If a superintendent of a school district determines that
18 the speed of vehicular traffic on a state trunk line or county
19 highway, which is within 1,000 feet of a school in the school
20 district of which that person is the superintendent, is greater
21 or less than is reasonable or safe, the officials identified in
22 subsection (1) or (2), as appropriate, shall include the
23 superintendent of the school district affected in acting jointly
24 in determining and declaring a reasonable and safe maximum or
25 minimum speed limit on that state trunk line or county highway.
26 The maximum speed limit on all highways or parts of highways upon
27 which a maximum speed limit is not otherwise fixed under this act
1 shall be 55 miles per hour.
2 (4) (2) In
the case of a county highway of not less than 1
3 mile with residential lots with road frontage of 300 feet or less
4 along either side of the highway for the length of that part of
5 the highway that is under review for a proposed change in the
6 speed limit, the township board may petition the county road
7 commission or in charter counties where there is no road
8 commission, but there is a county board of commissioners, the
9 township board may petition the county board of commissioners for
10 a proposed change in the speed limit. The county road commission
11 or in charter counties where there is no road commission, but
12 there is a county board of commissioners, the township board may
13 petition the county board of commissioners to approve the
14 proposed change in the speed limit without the necessity of an
15 engineering and traffic investigation.
16 (5) (3) The
speed limit on a county highway or an
17 interconnected group of county highways of not more than 1 mile
18 in total length that connect with the county road system by a
19 single entrance and exit shall be 25 miles per hour unless a
20 different speed limit is fixed and posted.
21 (6) (4) If
upon investigation the state transportation
22 commission or county road commission and the director of the
23 department of state police find it in the interest of public
24 safety, they may order the township board, or city or village
25 officials to erect and maintain, take down, or regulate the speed
26 control signs, signals, or devices as directed, and in default of
27 an order the state transportation commission or county road
1 commission may cause the designated signs, signals, and devices
2 to be erected and maintained, taken down, regulated, or
3 controlled, in the manner previously directed, and pay for the
4 erecting and maintenance, removal, regulation, or control of the
5 sign, signal, or device out of the highway fund designated.
6 (7) (5) A
public record of all speed control signs,
7 signals, or devices authorized under this section shall be filed
8 in the office of the county clerk of the county in which the
9 highway is located, and a certified copy shall be prima facie
10 evidence in all courts of the issuance of the authorization. The
11 public record with the county clerk shall not be required as
12 prima facie evidence of authorization in the case of signs
13 erected or placed temporarily for the control of speed or
14 direction of traffic at points where construction, repairs, or
15 maintenance of highways is in progress, or along a temporary
16 alternate route established to avoid the construction, repair, or
17 maintenance of a highway, if the signs are of uniform design
18 approved by the state transportation commission and the director
19 of the department of state police and clearly indicate a special
20 control, when proved in court that the temporary traffic-control
21 sign was placed by the state transportation commission or on the
22 authority of the state transportation commission and the director
23 of the department of state police or by the county road
24 commission or on the authority of the county road commission, at
25 a specified location.
26 (8) (6) A
person who fails to observe an authorized speed
27 or traffic control sign, signal, or device is responsible for a
1 civil infraction.
2 (9) (7) Except
as otherwise provided in this section, the
3 maximum speed limit on
all freeways shall be 65 70 miles per
4 hour except that the state transportation department may
5 designate not more than 170 miles of freeway in this state on
6 which the speed limit may
be less than 65 70 miles per hour.
7 The director of the
state transportation department, in
8 consultation with the
department of state police, beginning
9 July 31, 1996, shall establish five areas of freeway miles as
10 test zones on which
the speed limit may be increased to 70 miles
11 per hour in order to
conduct a study to determine whether any of
12 those miles of freeway
on which the speed limit is 65 miles per
13 hour on June 25, 1996
may be increased to 70 miles per hour.
14 Tests shall be
conducted from August 1, 1996 through October 31,
15 1996. The study shall
be completed by December 15, 1996 and
16 shall be based on
traffic congestion and other traffic safety
17 issues as determined
by the director of the department of state
18 police or his or her
designee and on engineering criteria as
19 determined by the
director of the state transportation department
20 or his or her
designee. If the study indicates that certain
21 miles of freeway are
eligible for increase, the speed limit on
22 those miles of freeway
may be increased to 70 miles per hour.
23 The minimum speed limit on all freeways shall be 45 miles per
24 hour except if reduced speed is necessary for safe operation or
25 in compliance with law or in compliance with a special permit
26 issued by an appropriate authority.
27 (10) (8) The
maximum rates of speed allowed pursuant to
1 this section are subject to the maximum rates established under
2 section 629b, section 627(5) to (7) for certain vehicles and
3 vehicle combinations, and section 629(4).
4 (11) (9) A
citation or civil infraction determination for
5 exceeding a lawful maximum speed limit of 55 miles per hour by
6 driving 65 miles per hour or less shall not be considered by any
7 person in establishing automobile insurance eligibility or
8 automobile insurance rates.