March 27, 2014, Introduced by Senators CASPERSON, JONES and PAPPAGEORGE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 627a and 633 (MCL 257.627a and 257.633),
section 627a as amended by 2005 PA 88.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
627a. (1) As used in this section: and section 629:
(a) "Regularly scheduled school session" means that part of a
day
of student instruction that is followed by a break for lunch or
by
a scheduled for student
instruction until final dismissal of
the
student body for that day.
(b) "School" means an educational institution operated by a
local school district or by a private, denominational, or parochial
organization.
School does not include an either
of the following:
(i) An educational institution that the department of education
determines has its entire student population in residence at the
institution.
(ii) An educational institution to which all students are
transported in motor vehicles.
(c) "School zone" means school property on which a school
building
is located and the area adjacent to the school property.
that
is designated by the signs required under subsection (2).
Except
as otherwise provided in subsection (5), the school zone
extends
not more than 1,000 feet from the property line of the
school
in each direction.A school
zone extends not more than 1,000
feet from the school property line in any direction. If 2 or more
schools occupy the same property or adjacent properties, 1 of the
following applies, as applicable:
(i) If the hours of instruction at the schools are the same,
then a single combined school zone shall be established.
(ii) If the hours of instruction at the schools are different,
overlapping school zones shall be established.
(2)
Except as provided in subsection (4), the prima facie
speed
limit A school zone speed
limit on a highway segment in a
school
zone, which shall be in force not less more than 30 minutes
but
not more than 1 hour before the
first regularly scheduled
school session, rounded to the nearest multiple of 5 minutes, until
school
commences, and from dismissal until not less more than
30
minutes
but not more than 1 hour after the last regularly scheduled
school
session, and during a lunch period when students are
permitted
to leave the school, rounded
to the nearest multiple of 5
minutes, may be decreased by not more than 15 miles per hour less
than the speed limit normally posted but shall be not less than 25
miles
an per hour. , if permanent signs designating the school zone
and
the speed limit in the school zone are posted at the request of
the
school superintendent. The signs shall conform to the Michigan
manual
of uniform traffic control devices.
(3)
This section does School
zone speed limits shall not apply
to
a limited access highway or to that portion of a street or
highway
or a highway segment over which a pedestrian overhead
walkway is erected, if the walkway is adjacent to school property.
and
is designed and located so as to be used, and is being used, as
the
principal means by which students of a school that has property
adjacent
to the walkway travel to and from the school.
(4)
Local authorities may increase or decrease the prima facie
speed
limit within a school zone under their jurisdiction pursuant
to
section 629.
(5)
Notwithstanding the requirements for a school zone as
defined
in subsection (1)(c), if a school is located in an area
that
requires school children to cross a state trunk line highway
or
county highway that has a speed limit of 35 miles per hour or
more
to attend that school, the school superintendent may submit a
request
to the state transportation commission, county road
commission,
or local authority having jurisdiction over the
roadway,
as applicable, for a school crossing as permitted under
section
613a. If, based on the traffic engineering studies, the
road
authority determines the need for a lower speed limit, the
road
authority may designate the crossing as a school zone. Before
submitting
a request, the school superintendent shall have
completed
a school route plan as prescribed by section 7A-1 of the
Michigan
manual of uniform traffic control devices.
(6)
Notwithstanding the 25-mile-per-hour prima facie speed
limit
established by subsection (2), the prima facie speed limit
for
any street in a school zone that has sidewalks along at least 1
side
of the street, which shall be in force during the same periods
that
a 25-mile-per-hour speed limit provided by subsection (2)
would
otherwise be effective, shall be set at the limit requested
by
the superintendent of schools with jurisdiction over the school
within
the school zone, but this limit shall neither be more than
15
miles per hour below the regularly posted speed limit for that
street
nor less than 25 miles per hour. Permanent signs designating
the
school zone and the speed limit in the school zone shall be
posted.
These signs shall conform to the Michigan manual of uniform
traffic
control devices.
(4) (7)
If appropriate, the school superintendent may request
that
a sign be erected in the school zone indicating that If a
school
is in session year-round, . A a
sign erected under this
subsection
reading "All Year
School" shall be posted on the
same
signpost
as the school zone sign and immediately below the school
zone
sign. The sign shall read "Year-Round School" and shall
conform
to the Michigan manual of uniform traffic control devices.
(5) Louvered signs, digital message signs, and flashing lights
may be installed to supplement permanent signs required under this
section. Signs erected and maintained as required under this
section shall conform to the Michigan manual on uniform traffic
control devices.
(6) A person who violates a speed limit established under this
section is responsible for a civil infraction.
Sec. 633. (1) In every charge of a violation of a speed
regulation
limit in this chapter, the complaint or citation
and the
summons
or notice to appear , shall
specify the speed at which the
defendant
respondent is alleged to have driven and the speed limit
applicable
within the district or at the location.
(2)
The provision provisions of this chapter declaring
establishing
speed limitations limits shall
not be construed to
relieve the plaintiff in a civil action from the burden of proving
negligence on the part of the defendant as the proximate cause of
an
accident.a traffic crash.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 897.
(b) Senate Bill No. 896.
(c) Senate Bill No. 898.
(d) Senate Bill No. 895.