Bill Text: MI HB5143 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; speed restrictions; provision relating to establishment of speed limits; revise procedure and limits. Amends secs. 606, 627, 628 & 629 of 1949 PA 300 (MCL 257.606 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-07-14 - Printed Bill Filed 06/26/2009 [HB5143 Detail]

Download: Michigan-2009-HB5143-Introduced.html

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HOUSE BILL No. 5143

 

June 25, 2009, Introduced by Reps. Dean, Lipton, Huckleberry, Robert Jones, Geiss, Jackson, Johnson, Neumann, Terry Brown, Booher, Ball, Hildenbrand, Horn, Scripps, Opsommer, DeShazor, Hansen, Agema, Haveman, Valentine, Meekhof, Pearce, Lori and McMillin and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 606, 627, 628, and 629 (MCL 257.606, 257.627,

 

257.628, and 257.629), section 606 as amended by 1980 PA 518 and

 

sections 627, 628, and 629 as amended by 2006 PA 85.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 606. (1) The provisions of this This chapter shall does

 

not be considered to prevent prohibit local authorities from doing

 

any of the following with respect to streets or highways under the

 

jurisdiction of the local authority and within the reasonable

 

exercise of the its police power: from:

 

     (a) Regulating the standing or parking of vehicles.

 

     (b) Regulating the impoundment or immobilization of vehicles

 

whose owner has failed to answer 6 or more parking violation

 

notices or citations regarding illegal parking.

 

     (c) Regulating traffic by means of police officers or traffic

 

control signals.

 

     (d) Regulating or prohibiting processions or assemblages on

 

the highways or streets.

 

     (e) Designating particular highways as 1-way highways and

 

requiring that all vehicles on those highways be moved in 1

 

specific direction.

 

     (f) Regulating the speed of vehicles in public parks.

 

     (g) Designating any highway as a through highway and requiring

 

that all vehicles stop before entering or crossing the through

 

highway; designating any intersection as a stop intersection and

 

requiring all vehicles to stop at 1 or more entrances to these

 

intersections; or designating intersections at which vehicular

 

traffic shall be required to yield the right of way at 1 or more

 

entrances to these intersections.

 

     (h) Restricting the use of highways as authorized in section

 

726.

 

     (i) Regulating the operation of bicycles and requiring the

 

registration and licensing of bicycles, including the requirement

 

of a registration fee.

 

     (j) Regulating or prohibiting the turning of vehicles at

 

intersections.

 

     (k) Increasing or decreasing the prima facie speed limits as

 

authorized in this act.

 

     (l) Adopting other traffic regulations as are specifically

 

authorized by this chapter.

 

     (2) A local authority shall not erect or maintain a stop sign

 

or traffic control device at a location so as to require the

 

traffic on any state trunk line highway to stop before entering or

 

crossing any intersecting highway unless approval in writing has

 

been first obtained from the director of the state transportation

 

department.

 

     (3) An ordinance or regulation enacted under subsection

 

(1)(a), (d), (e), (f), (g), (i), or (j) shall is not be enforceable

 

until signs giving notice of the local traffic regulations are

 

posted upon or at the entrance to the highway or street or part of

 

the highway or street affected, as may be most appropriate, and are

 

sufficiently legible as to be seen by an ordinarily observant

 

person. The posting of signs giving the notice shall is not be

 

required for a local ordinance which that does not differ from the

 

provisions of this act regulating the parking or standing of

 

vehicles; nor to ordinances of general application throughout the

 

jurisdiction of the municipalities enacting the ordinances which

 

that prohibit, limit, or restrict all night parking or parking

 

during the early morning hours, if signs, approximately 3 feet by 4

 

feet, sufficiently legible as to be seen by an ordinarily observant

 

person, giving notice of these ordinances relating to all night

 

parking or parking during the early morning hours, are posted on

 

highways at the corporate limits of the municipality.

 

     (4) A local authority, in providing by ordinance for the

 

impounding of any motor vehicle parked contrary to a local

 

ordinance, shall not require a bond or cash deposit by the owner of

 

the motor vehicle in excess of $500.00 in order to recover the

 

possession of the motor vehicle pending final adjudication of the

 

case.

 

     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 then existing. 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.

 

     (2) Except in those instances where a lower speed is specified

 

in this chapter or the speed is unsafe pursuant to subsection (1),

 

it is prima facie lawful for the operator of a vehicle to operate

 

that vehicle at a speed not exceeding the following, except when

 

this speed would be unsafe:

 

     (a) 25 miles per hour on all highways in a business district

 

as that term is defined in section 5.

 

     (b) 25 miles per hour in public parks unless a different speed

 

is fixed and duly posted.

 

     (c) 25 miles per hour on all highways or parts of highways

 

within the boundaries of land platted under the land division act,

 

1967 PA 288, MCL 560.101 to 560.293, or the condominium act, 1978

 

PA 59, MCL 559.101 to 559.276, unless a different speed is fixed

 

and posted.

 

     (d) 25 miles per hour on a highway segment with 60 or more

 

vehicular access points within 1/2 mile.

 

     (e) 35 miles per hour on a highway segment with not less than

 

45 vehicular access points but no more than 59 vehicular access

 

points within 1/2 mile.

 

     (f) 45 miles per hour on a highway segment with not less than

 

30 vehicular access points but no more than 44 vehicular access

 

points within 1/2 mile.

 

     (3) It is prima facie unlawful for a person to exceed the

 

speed limits prescribed in subsection (2), except as provided in

 

section 629.

 

     (4) A person operating a vehicle in a mobile home park as

 

defined in section 2 of the mobile home commission act, 1987 PA 96,

 

MCL 125.2302, shall operate that vehicle at a careful and prudent

 

speed, not greater than a speed that is reasonable and proper,

 

having due regard for the traffic, surface, width of the roadway,

 

and all other conditions existing, and not greater than a speed

 

that permits a stop within the assured clear distance ahead. It is

 

prima facie unlawful for the operator of a vehicle to operate that

 

vehicle at a speed exceeding 15 miles an hour in a mobile home

 

park. As used in this subsection, "mobile home park" means that

 

term as defined in section 2 of the mobile home commission act,

 

1987 PA 96, MCL 125.2302.

 

     (5) A person operating a passenger vehicle drawing another

 

vehicle or trailer shall not exceed the posted speed limit.

 

     (6) Except as otherwise provided in this subsection, 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 55 miles

 

per hour on highways, streets, or freeways and shall not exceed a

 

speed of 35 miles per hour during the period when reduced loadings

 

are being enforced in accordance with this chapter. However, a

 

person operating a school bus, a truck, a truck-tractor, or a

 

truck-tractor with a semi-trailer or trailer described in this

 

subsection shall not exceed a speed of 60 miles per hour on a

 

freeway if the maximum speed limit on that freeway is 70 miles per

 

hour.

 

     (7) Except as otherwise provided in subsection (6), a person

 

operating a school bus shall not exceed the speed of 55 miles per

 

hour.

 

     (8) The maximum rates of speeds allowed under this section are

 

subject to the maximum rate established under section 629b.

 

     (9) 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 or 629.

 

     (10) Subject to subsections (1) and (2)(c), speed limits

 

established pursuant to under this section are not valid unless

 

properly posted. In the absence of a properly posted sign, the

 

speed limit in effect shall be the general speed limit pursuant to

 

under section 628(1).

 

     (11) Nothing in this section prevents the establishment of an

 

absolute speed limit pursuant to under section 628. Subject to

 

subsection (1), an absolute speed limit established pursuant to

 

under section 628 supersedes a prima facie speed limit established

 

pursuant to under this section.

 

     (12) Nothing in this This section shall be construed as

 

justification to deny does not prohibit a local authority from

 

conducting a traffic and engineering investigation as part of the

 

process for determining an absolute speed limit under this act.

 

     (13) As used in this section, "vehicular access point" means a

 

driveway or intersecting roadway.

 

     (14) A person who violates this section is responsible for a

 

civil infraction.

 

     Sec. 628. (1) If Except as otherwise provided in subsection

 

(3), if the state transportation department and the department of

 

state police jointly determine upon the basis of an engineering and

 

traffic investigation that the speed of vehicular traffic on a

 

state trunk line highway is greater or less than is reasonable or

 

safe under the conditions found to exist at an intersection or

 

other place or upon a part of the highway, the departments acting

 

jointly may determine and declare a reasonable and safe maximum or

 

minimum speed limit on that state trunk line highway or

 

intersection that shall be effective at the times determined when

 

appropriate signs giving notice of the speed limit are erected at

 

the intersection or other place or part of the highway. The maximum

 

speed limit on all highways or parts of highways upon which a

 

maximum speed limit is not otherwise fixed under this act is 55

 

miles per hour, which shall be known and may be referred to as the

 

"general speed limit".

 

     (2) If Except as otherwise provided in subsection (3), 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 that does

 

not wish to continue as part of the process provided by this

 

subsection shall notify in writing the county road commission of

 

that fact in writing. 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.

 

     (3) If a city or village council 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 city

 

or village street is greater or less than is reasonable or safe

 

under the conditions found to exist upon any part of the street,

 

then acting unanimously they may establish a reasonable and safe

 

maximum or minimum speed limit on that street that is effective at

 

the times determined when appropriate signs giving notice of the

 

speed limit are erected on the street.

 

     (4) (3) If a superintendent of a school district determines

 

that the speed of vehicular traffic on a state trunk line or county

 

highway, which is within 1,000 feet of a school in the school

 

district of which that person is the superintendent, is greater or

 

less than is reasonable or safe, the officials identified in

 

subsection (1), or (2), or (3), as appropriate, shall include the

 

superintendent of the school district affected in acting jointly in

 

determining and declaring a reasonable and safe maximum or minimum

 

speed limit on that state trunk line or county highway.

 

     (5) (4) In the case of a county highway of not less than 1

 

mile with residential lots with road frontage of 300 feet or less

 

along either side of the highway for the length of that part of the

 

highway that is under review for a proposed change in the speed

 

limit, the township board may petition the county road commission

 

or in charter 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 a proposed change in the

 

speed limit. The county road commission or in charter 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 to approve the proposed change in the speed limit

 

without the necessity of an engineering and traffic investigation.

 

     (6) (5) 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 the

 

township board, or city or village officials to erect and maintain,

 

take down, or regulate the speed control 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.

 

     (7) (6) A public record of all speed control signs, signals,

 

or devices authorized under this section shall be filed in the

 

office of the county clerk of the county in which the highway is

 

located, and a certified copy shall be prima facie evidence in all

 

courts of the issuance of the authorization. The public record with

 

the county clerk shall is not be required as prima facie evidence

 

of authorization in the case of signs erected or placed temporarily

 

for the control of speed or direction of traffic at points where

 

construction, repairs, or maintenance of highways is in progress,

 

or along a temporary alternate route established to avoid the

 

construction, repair, or maintenance of a highway, if the signs are

 

of uniform design approved by the state transportation department

 

and the department of state police and clearly indicate a special

 

control, when proved in court that the temporary traffic control

 

sign was placed by the state transportation department or on the

 

authority of the state transportation department and the department

 

of state police or by the county road commission or on the

 

authority of the county road commission, at a specified location.

 

     (8) (7) A person who fails to observe an authorized speed or

 

traffic control sign, signal, or device is responsible for a civil

 

infraction.

 

     (9) (8) Except as otherwise provided in this section, the

 

maximum speed limit on all freeways shall be is 70 miles per hour

 

except that if the state transportation department and the

 

department of state police jointly determine upon the basis of an

 

engineering and traffic investigation that the speed of vehicular

 

traffic on a freeway is greater or less than is reasonable or safe

 

under the conditions found to exist upon a part of the freeway, the

 

departments acting jointly may determine and declare a reasonable

 

and safe maximum or minimum speed limit on that freeway that is not

 

more than 70 miles per hour but not less than 55 miles per hour and

 

that shall be is effective when appropriate signs giving notice of

 

the speed limit are erected. The minimum speed limit on all

 

freeways is 55 miles per hour except if reduced speed is necessary

 

for safe operation or in compliance with law or in compliance with

 

a special permit issued by an appropriate authority.

 

     (10) (9) The maximum rates of speed allowed under this section

 

are subject to the maximum rates established under section 629b,

 

section 627(5) to (7) for certain vehicles and vehicle

 

combinations, and section 629(4).

 

     (11) (10) Except for the general speed limit described in

 

subsection (1), speed limits established pursuant to under this

 

section shall be known as absolute speed limits.

 

     Sec. 629. (1) Local authorities may establish, or increase, or

 

decrease the prima facie speed limits on highways under their

 

jurisdiction subject to the following limitations:

 

     (a) A highway within a business district on which the prima

 

facie speed limit is increased shall be designated a through

 

highway at the entrance to which vehicles shall be required to stop

 

before entering, except that where 2 of these through highways

 

intersect, local authorities may require traffic on only 1 highway

 

to stop before entering the intersection.

 

     (b) The local authorities shall place and maintain, upon all

 

through highways in which the permissible speed is increased or

 

decreased, adequate signs giving notice of the special regulations

 

and shall also place and maintain upon each highway intersecting a

 

through highway , appropriate signs which shall be that are

 

reflectorized or illuminated at night.

 

     (c) Local authorities may establish prima facie lawful speed

 

limits on highways outside of business districts that are

 

consistent with the limits established in section 627(2).

 

     (2) The state transportation department shall establish the

 

speed upon all trunk line highways located within cities and

 

villages as follows:

 

     (a) A written copy of the authorization or determination shall

 

be filed in the office of the county clerk of the county or

 

counties where the highway is located and a certified copy of the

 

authorization or determination shall be is prima facie evidence in

 

all courts of the issuance of the authorization or determination.

 

     (b) When the state transportation department increases the

 

speed upon a trunk line highway as provided in this act, subject to

 

section 627a, the state transportation department shall place and

 

maintain upon these highways adequate signs giving notice of the

 

permissible speed fixed by the state transportation commission.

 

     (3) Local authorities are authorized to decrease the prima

 

facie speed limits to not less than 15 miles per hour in public

 

parks under their jurisdiction. A decrease in the prima facie speed

 

limits is binding when adequate signs are duly posted giving notice

 

of the reduced speeds.

 

     (4) Local authorities are authorized to decrease the prima

 

facie speed limits to not less than 25 miles an hour on each street

 

or highway under their jurisdiction that is adjacent to a publicly

 

owned park or playground. A decrease in the prima facie speed

 

limits is binding when adequate signs are duly posted giving notice

 

of the reduced speeds. As used in this subsection, "local

 

authority" includes the county road commission with the concurrence

 

of the township board of a township for a street or highway within

 

the boundaries of the township.

 

     (5) The maximum rates of speed allowed under this section are

 

subject to the maximum rate established under section 629b.

 

     (6) A person who exceeds a lawful speed limit established

 

under this section is responsible for a civil infraction.

 

     (7) As used in this section, "local authority" means the

 

governing body of a city or village, except as provided in

 

subsection (4).