January 27, 2005, Introduced by Rep. Whitmer 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 2003 PA 65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
628. (1) If the state transportation commission, and
the director of the department of state police, and the city
council if a state trunk line highway is within the limits of the
city, 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 officials 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 is 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.
(2) If the county road commission, the township board, and the
director of 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 at
an intersection or other place or upon a part of the highway, the
officials acting unanimously may establish a reasonable and safe
maximum or minimum speed limit at that intersection or on that
county
highway that shall be is 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. 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. As used in this subsection, "county road
commission" means the board of county road commissioners elected or
appointed pursuant to 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. The maximum
speed limit on all highways or parts of highways upon which a
maximum
speed limit is not otherwise fixed under this act shall be
is 55 miles per hour.
(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.
(5) The speed limit on a county highway or an interconnected
group of county highways of not more than 1 mile in total length
that connect with the county road system by a single entrance and
exit
shall be is 25 miles per hour unless a different speed limit
is fixed and posted.
(6) If upon investigation the state transportation commission
or county road commission and the director of 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 commission 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) 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 is
prima facie evidence in all
courts of the issuance of the authorization. The public record with
the
county clerk shall not be is
not 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
commission and the director of 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 commission or on the authority of the state
transportation commission and the director of 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) A person who fails to observe an authorized speed or
traffic control sign, signal, or device is responsible for a civil
infraction.
(9) Except as otherwise provided in this section, the maximum
speed
limit on all freeways shall be is
70 miles per hour,
except
that the state transportation department may designate not more
than 170 miles of freeway in this state on which the speed limit
may
be is less than 70 miles per hour. The minimum speed limit
on
all
freeways shall be is 45 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)
The maximum rates of speed allowed pursuant to 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) A citation or civil infraction determination for
exceeding a lawful maximum speed limit of 55 miles per hour by
driving 65 miles per hour or less shall not be considered by any
person in establishing automobile insurance eligibility or
automobile insurance rates.