Bill Text: MI HB6164 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; speed restrictions; establishment of speed limits; revise procedure and limits. Amends secs. 628, 629 & 633 of 1949 PA 300 (MCL 257.628 et seq.) & repeals sec. 629b of 1949 PA 300 (MCL 257.629b). TIE BAR WITH: HB 6165'10

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-18 - Printed Bill Filed 05/17/2010 [HB6164 Detail]

Download: Michigan-2009-HB6164-Introduced.html

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HOUSE BILL No. 6164

 

May 14, 2010, Introduced by Reps. Bettie Scott, Rick Jones, Schuitmaker, Durhal, Leland, Cushingberry, Womack, Slavens, Constan, Liss, Huckleberry, Polidori, Young, Geiss, Bledsoe, Stanley, LeBlanc, Robert Jones, Clemente, Bennett, Hammel, Gregory, Tlaib, Lipton, Horn, Moore, Johnson, Dean, Meadows, Opsommer, Espinoza, Mayes, Agema, Marleau, Kowall, Paul Scott, Calley, Kurtz, DeShazor, Rocca, Stamas, Proos, Crawford, Lund, Lori, Bolger, McDowell, Genetski, Knollenberg, Haines, Sheltrown and Hildenbrand and referred to the Committee on Urban Policy.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 628, 629, and 633 (MCL 257.628, 257.629, and

 

257.633), sections 628 and 629 as amended by 2006 PA 85; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 628. (1) 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 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 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 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), 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.

 

     (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.

 

     (3) (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.

 

     (4) (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 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.

 

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

 

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

 

infraction.

 

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

 

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

 

except that if the state transportation department and the

 

department of state police may 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 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.

 

     (7) (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).

 

     (8) (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 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 more than 25 miles per hour 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 more

 

than 25 miles per hour, 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

 

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).

 

     (d) Local authorities may establish speed limits based on an

 

engineering and traffic study under section 627(6). A speed limit

 

established as described in this subdivision supersedes a speed

 

limit established under 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 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.

 

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

 

under this section is responsible for a civil infraction.

 

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

 

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

 

subsection (4).

 

     Sec. 633. (1) In every charge of a violation of a posted speed

 

regulation in this chapter, the complaint or citation and the

 

summons or notice to appear , shall specify the speed at which the

 

defendant is alleged to have driven and the speed applicable within

 

the district or at the location.

 

     (2) The provision of this chapter declaring speed limitations

 

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.

 

     Enacting section 1. Section 629b of the Michigan vehicle code,

 

1949 PA 300, MCL 257.629b, is repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6165(request no.

 

05583'09) of the 95th Legislature is enacted into law.