Bill Text: MI HB4118 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control; speed restrictions; procedure for establishing certain speed limits; modify, and make other revisions. Amends sec. 627 of 1949 PA 300 (MCL 257.627).
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2019-06-26 - Assigned Pa 31'19 With Immediate Effect [HB4118 Detail]
Download: Michigan-2019-HB4118-Introduced.html
HOUSE BILL No. 4118
January 29, 2019, Introduced by Reps. Slagh, Ellison, Wozniak, Paquette, Brixie, Whitsett, Chirkun and Shannon and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 627 (MCL 257.627), as amended by 2016 PA 445.
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 existing at the time. 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. A violation
of this subsection shall be known and may be referred to as a
violation of the basic speed law or "VBSL".
(2) Except as provided in subsection (1), it is lawful for the
operator of a vehicle to operate that vehicle on a highway at a
speed not exceeding the following:
(a) 15 miles per hour on a highway segment within the
boundaries of a mobile home park, as that term is defined in
section 2 of the mobile home commission act, 1987 PA 96, MCL
125.2302.
(b) 25 miles per hour on a highway segment within a business
district.
(c) 25 miles per hour on a highway segment within the
boundaries of a public park. A local authority may decrease the
speed limit to not less than 15 miles per hour in a public park
under its jurisdiction.
(d) 25 miles per hour on a highway segment within the
boundaries of a residential subdivision, including a condominium
subdivision, consisting of a system of interconnected highways with
no through highways and a limited number of dedicated highways that
serve as entrances to and exits from the subdivision.
(e) Until January 1, 2024, 25 miles per hour on a highway
segment that is part of the local street system as designated by a
local jurisdiction and approved by the state transportation
commission under 1951 PA 51, MCL 247.651 to 247.675, and that is
within land that is zoned for residential use by the governing body
of an incorporated city or village under the Michigan zoning
enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, unless another
speed is fixed and posted. The department of state police shall
perform a speed study on a random sample of local streets set under
this subdivision. No later than January 1, 2023, the department of
state police shall submit a report on the speed study required
under this subdivision to the senate majority leader, the speaker
of the house of representatives, and the governor.
(f) (e)
25 miles per hour on a highway segment
with 60 or more
vehicular access points within 1/2 mile.
(g) (f)
30 miles per hour on a highway
segment with not less
than 50 vehicular access points but no more than 59 vehicular
access points within 1/2 mile.
(h) (g)
35 miles per hour on a highway
segment with not less
than 45 vehicular access points but no more than 49 vehicular
access points within 1/2 mile.
(i) (h)
40 miles per hour on a highway
segment with not less
than 40 vehicular access points but no more than 44 vehicular
access points within 1/2 mile.
(j) (i)
45 miles per hour on a highway
segment with not less
than 30 vehicular access points but no more than 39 vehicular
access points within 1/2 mile.
(3) 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 35 miles per hour during the period when reduced
loadings are being enforced in accordance with this chapter.
(4) Where the posted speed limit is greater than 65 miles per
hour, a person operating a school bus, a truck with a gross weight
of 10,000 pounds or more, a truck-tractor, or a truck-tractor with
a semi-trailer or trailer or a combination of these vehicles shall
not exceed a speed of 65 miles per hour on a limited access freeway
or a state trunk line highway.
(5) All of the following apply to the speed limits described
in subsection (2):
(a) A highway segment adjacent to or lying between 2 or more
areas described in subsection (2)(a), (b), (c), or (d) shall not be
considered to be within the boundaries of those areas.
(b) A highway segment of more than 1/2 mile in length with a
consistent density of vehicular access points equal to the number
of
vehicular access points described in subsection (2)(e), (f),
(2)(f),
(g), (h), or (i), or (j) shall
be posted at the speed limit
specified in the adjoining segment. A separate determination shall
be made for each adjoining highway segment where vehicular access
point density is different.
(c) A speed limit may be posted on highways less than 1/2 mile
in length by prorating in 1/10 mile segments the vehicular access
point
density described in subsection (2)(e), (f), (2)(f), (g),
(h),
or (i), or (j).
(6) 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.
(7) The state transportation department, a county road
commission, or a local authority shall decrease the speed limit in
a hospital highway zone by up to 10 miles per hour upon request of
a hospital located within that hospital highway zone. The state
transportation department, county road commission, or local
authority may decrease the speed limit in a hospital highway zone
by more than 10 miles per hour if the decrease is supported by an
engineering and safety study. The state transportation department,
county road commission, or local authority shall post speed limit
signs in a hospital highway zone that indicate the speed limit in
that hospital highway zone and shall identify that hospital highway
zone with any other traffic control devices necessary to conform to
the Michigan manual of uniform traffic control devices. If a change
in a sign, signal, or device, is necessitated by a speed limit
decrease described in this subsection, the hospital requesting the
decrease shall pay the cost of doing so. As used in this
subsection, "hospital highway zone" means a portion of state trunk
line highway maintained by the state transportation department that
has a posted speed limit of at least 50 miles per hour and has 2 or
fewer lanes for travel in the same direction, traverses along
property owned by a hospital, contains an ingress and egress point
from hospital property, and extends not more than 1,000 feet beyond
the boundary lines of hospital property in both directions in a
municipality.
(8) Subject to subsection (17), the maximum speed limit on all
limited access freeways upon which a speed limit is not otherwise
fixed under this act is 70 miles per hour, which shall be known as
the "limited access freeway general speed limit". The minimum speed
limit on all limited access freeways upon which a minimum speed
limit is not otherwise fixed under this act is 55 miles per hour.
(9) Subject to subsection (17), the speed limit on all trunk
line highways and all county highways upon which a speed limit is
not otherwise fixed under this act is 55 miles per hour, which
shall be known as the "general speed limit".
(10) Except as otherwise provided in this subsection, the
speed limit on all county highways with a gravel or unimproved
surface upon which a speed limit is not otherwise fixed under this
act is 55 miles per hour, which shall be known as the "general
gravel road speed limit". Upon request of a municipality located
within a county with a population of 1,000,000 or more, the county
road commission, in conjunction with the requesting municipality,
may lower the speed limit to 45 miles per hour on the requested
road segment and if a sign, signal, or device is erected or
maintained, taken down, or regulated as a result of a request by a
municipality for a speed limit of 45 miles per hour, the
municipality shall pay the costs of doing so. If a municipality
located within a county with a population of 1,000,000 or more
requests a speed different than the speed described in this
subsection, the county road commission, in conjunction with the
department of state police and the requesting municipality, may
conduct a speed study of free-flow traffic on the fastest portion
of the road segment in question for the purpose of establishing a
modified speed limit. A speed study conducted under this subsection
shall be completed between 3 and 14 days after a full gravel road
maintenance protocol has been performed on the road segment. A full
gravel road maintenance protocol described in this subsection shall
include road grading and the application of a dust abatement
chemical treatment. Following a speed study conducted under this
subsection, the speed limit for the road segment shall be
established at the nearest multiple of 5 miles per hour to the
eighty-fifth percentile of speed of free-flow traffic under ideal
conditions for vehicular traffic, and shall not be set below the
fiftieth percentile speed of free-flow traffic under ideal
conditions for vehicular traffic. A speed study conducted under
this subsection shall be the responsibility of the department of
state police, and if a sign, signal, or device is erected or
maintained, taken down, or regulated as a result of a request by a
municipality under this subsection, the municipality shall pay the
costs of doing so.
(11) A public record of all traffic control orders
establishing statutory speed limits authorized under this section
shall be filed with the office of the clerk of the county in which
the county highway is located or at the office of the city or
village clerk or administrative office of the airport, college, or
university in which the local highway is located, and a certified
copy of the traffic control order shall be evidence in every court
of this state of the authority for the issuance of that traffic
control order. The public record filed with the county, city, or
village clerk or administrative office of the airport, college, or
university shall not be required as evidence of authority for
issuing a traffic control order in the case of signs temporarily
erected or placed at points where construction, maintenance, or
surveying activities is in progress. A traffic and engineering
investigation is not required for a traffic control order for a
speed limit established under subsection (2). A traffic control
order shall, at a minimum, contain all of the following
information:
(a) The name of the road.
(b) The boundaries of the segment of the road on which the
speed limit is in effect.
(c) The basis upon which the speed limit is in effect.
(d) The section of law, including a reference to the
subsection, under which the speed limit is established.
(12) Except for speed limits described in subsections (1),
(2)(d), (2)(e), and (9), speed limits established under this
section are not valid unless properly posted. In the absence of a
properly posted sign, the speed limit in effect is the basic speed
law described in subsection (1). Speed limits established under
subsection
(2)(b), (e), (f), (g), (h), and (i), and (j) are not
valid unless a traffic control order is filed as described in
subsection (11).
(13) Nothing in this section prevents the establishment of a
modified speed limit after a speed study as described in section
628. A modified speed limit established under section 628
supersedes a speed limit established under this section.
(14) All signs erected or placed under this section shall
conform to the Michigan manual on uniform traffic control devices.
(15) If upon investigation the state transportation department
or county road commission and the department of state police
determine that it is in the interest of public safety, they may
order city, village, airport, college, university, and township
officials to erect and maintain, take down, or regulate speed limit
signs, signals, and devices as directed. In default of an order,
the state transportation department or county road commission may
cause designated signs, signals, and devices to be erected and
maintained, removed, or regulated in the manner previously directed
and pay the costs for doing so out of the designated highway fund.
An investigation, including a speed study, conducted under this
subsection shall be the responsibility of the department of state
police.
(16) A person who violates a speed limit established under
this section is responsible for a civil infraction.
(17)
No later than 1 year after the effective date of the
amendatory
act that added this subsection, January
5, 2018, the
state transportation department and the department of state police
shall increase the speed limits on at least 600 miles of limited
access freeway to 75 miles per hour if an engineering and safety
study and the eighty-fifth percentile speed of free-flowing traffic
under ideal conditions of that section contain findings that the
speed limit may be raised to that speed, and the department shall
increase the speed limit of 900 miles of trunk line highway to 65
miles per hour if an engineering and safety study and the eighty-
fifth percentile speed of free-flowing traffic under ideal
conditions of that section contain findings that the speed limit
may be raised to that speed.
(18) As used in this section:
(a) "Traffic control order" means a document filed with the
proper authority that establishes the legal and enforceable speed
limit for the highway segment described in the document.
(b) "Vehicular access point" means a driveway or intersecting
roadway.
