Bill Text: MI HB4733 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: speed restrictions; procedure for establishing speed limits; modify. Amends sec. 628 of 1949 PA 300 (MCL 257.628).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-08 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB4733 Detail]
Download: Michigan-2019-HB4733-Introduced.html
HOUSE BILL No. 4733
June 19, 2019, Introduced by Reps. Slagh, Ellison, Elder, Sabo, Leutheuser, Tate, Chirkun, Calley and Yaroch 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 2016 PA 447.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 628. (1) If the county road commission, the township
board, and the department of state police unanimously determine
upon the basis of an engineering and traffic investigation that the
speed of vehicular traffic on a county highway is greater or less
than is reasonable or safe under the conditions found to exist upon
any part of the highway, then acting unanimously they may establish
a reasonable and safe maximum or minimum speed limit on that county
highway that is effective at the times determined when appropriate
signs giving notice of the speed limit are erected on the highway.
A township board may petition the county road commission or the
department of state police for a proposed change in the speed
limit. A township board that does not wish to continue as part of
the process provided by this subsection shall notify in writing the
county road commission. A public record of a traffic control order
establishing a modified speed limit authorized under this
subsection
shall must be filed at the office of the county clerk of
the county in which the limited access freeway or state trunk line
highway is located, and a certified copy of a traffic control order
shall
be is evidence in every court of this state of the
authority
for the issuance of that traffic control order. As used in this
subsection, "county road commission" means the board of county road
commissioners elected or appointed under section 6 of chapter IV of
1909 PA 283, MCL 224.6, or, in the case of a charter county with a
population of 2,000,000 or more with an elected county executive
that does not have a board of county road commissioners, the county
executive.
(2) In the case of a county highway, a township board may
petition the county road commission, or in counties where there is
no road commission but there is a county board of commissioners,
the township board may petition the county board of commissioners
for any of the following:
(a) A proposed change in the speed limit without the necessity
of a speed study consistent with the methods prescribed for
establishing speed limits under section 627.
(b) A proposed change in the speed limit consistent with the
provisions for establishing speed limits under this section.
(c) The posting of an advisory sign or device for the purpose
of drawing the attention of vehicle operators to an unexpected
condition on or near the roadway that is not readily apparent to
road users.
(3) The state transportation department and the department of
state police shall jointly determine any modified maximum or
minimum speed limits on limited access freeways or trunk line
highways consistent with the requirements of this section. A public
record of a traffic control order establishing a modified speed
limit
authorized under this subsection shall must be filed at the
office of the county clerk of the county in which the limited
access freeway or trunk line highway is located, and a certified
copy
of a traffic control order shall be is evidence in every court
of this state of the authority for the issuance of that traffic
control order.
(4) A local road authority shall determine any modified speed
limits on local highways consistent with the requirements of this
section. A public record of a traffic control order establishing a
modified
speed limit authorized under this subsection shall must be
filed at the office of the city or village 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
is evidence in every court of this state of the
authority for
the issuance of that traffic control order.
(5)
A speed limit established under this section shall must be
determined
by an engineering and safety study and by the eighty-
fifth percentile speed of free-flowing traffic under ideal
conditions
of a section of highway rounded to the nearest a
multiple of 5 miles per hour that is within 5 miles per hour of the
eighty-fifth
percentile speed. A speed limit
established under this
act
shall not be posted at less than the fiftieth percentile speed
of
free-flowing traffic under optimal conditions on the fastest
portion
of the highway segment for which the speed limit is being
posted.A speed limit established under this section
on a highway
under the jurisdiction of an incorporated city or village may be
set below the eighty-fifth percentile speed if an engineering and
safety study conducted by a professional engineer licensed under
article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to
339.2014, demonstrates a situation with hazards that threaten
public safety, are not reflected by the eighty-fifth percentile
speed, and would not be adequately mitigated by warning signs. A
speed limit under the jurisdiction of an incorporated city or
village must not be set below the fiftieth percentile under any
circumstance.
(6) If a highway segment includes 1 or more features with a
design speed that is lower than the speed limit determined under
subsection (5), the road authority may post advisory signs.
(7) If upon investigation the state transportation department
or county road commission and the department of state police find
it in the interest of public safety, they may order township, city,
or village officials to erect and maintain, take down, or regulate
the speed limit signs, signals, or devices as directed, and in
default of an order the state transportation department or county
road commission may cause the designated signs, signals, and
devices to be erected and maintained, taken down, regulated, or
controlled, in the manner previously directed, and pay for the
erecting and maintenance, removal, regulation, or control of the
sign, signal, or device out of the highway fund designated.
(8)
Signs posted under this section shall must conform to the
Michigan manual on uniform traffic control devices.
(9) A person who violates a speed limit established under this
section is responsible for a civil infraction.
(10) As used in this section:
(a) "County road commission" means any of the following:
(i) The board of county road commissioners elected or
appointed under section 6 of chapter IV of 1909 PA 283, MCL 224.6.
(ii) In the case of the dissolution of the county road
commission under section 6 of chapter IV of 1909 PA 283, MCL 224.6,
the county board of commissioners.
(iii) In the case of a charter county with a population of
1,500,000 or more with an elected county executive that does not
have a board of county road commissioners, the county executive.
(iv) In the case of a charter county with a population of more
than 750,000 but less than 1,000,000 with an elected county
executive that does not have a board of county road commissioners,
the department of roads.
(b) "Design speed" means that term as used and determined
under
"A Policy on Geometric Design of Highways and Streets", sixth
seventh
ed., 2011, 2018, or
a subsequent edition, issued by the
American Association of State Highway and Transportation Officials.
(c) "Local road authority" means the governing body of a city,
village, airport, college, or university.
(d) "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.
