HOUSE BILL No. 4781 June 11, 1999, Introduced by Reps. Vear, Bovin, Tesanovich, Prusi and Neumann 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 1996 PA 320. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 628. (1) If the state transportation commission or 2 county road commission, with respect to highways under its juris- 3 diction, and the director of the department of state police 4 jointly determine upon the basis of an engineering and traffic 5 investigation that the speed of vehicular traffic on a state 6 trunk line or county highway is greater or less than is reason- 7 able or safe under the conditions found to exist at an intersec- 8 tion or other place or upon a part of the highway, the officials 9 acting jointly may determine and declare a reasonable and safe 10 maximum or minimum speed limit on that state trunk line, county 02286'99 * TJS 2 1 highway, or intersectionwhichTHAT shall be effective at the 2 times determined when appropriate signs giving notice of the 3 speed limit are erected at the intersection or other place or 4 part of the highway. If a superintendent of a school district 5 determines that the speed of vehicular traffic on a state trunk 6 line or county highway, which is within 1,000 feet of a school in 7 the school district of which that person is the superintendent, 8 is greater or less than is reasonable or safe, the officials 9 shall include the superintendent of the school district affected 10 in acting jointly in determining and declaring a reasonable and 11 safe maximum or minimum speed limit on that state trunk line or 12 county highway. The maximum speed limit on all highways or parts 13 of highways upon which a maximum speed limit is not otherwise 14 fixedpursuant toUNDER this act shall be 55 miles per hour. 15 (2) If upon investigation the state transportation commis- 16 sion or county road commission and the director of the department 17 of state police find it in the interest of public safety, they 18 may order the township board, or city or village officials to 19 erect and maintain, take down, or regulate the speed control 20 signs, signals, or devices as directed, and in default of an 21 order the state transportation commission or county road commis- 22 sion may cause the designated signs, signals, and devices to be 23 erected and maintained, taken down, regulated, or controlled, in 24 the manner previously directed, and pay for the erecting and 25 maintenance, removal, regulation, or control of the sign, signal, 26 or device out of the highway fund designated. 02286'99 * 3 1 (3) A public record of all speed control signs, signals, or 2 devices authorized under this section shall be filed in the 3 office of the county clerk of the county in which the highway is 4 located, and a certified copy shall be prima facie evidence in 5 all courts of the issuance of the authorization. The public 6 record with the county clerk shall not be required as prima facie 7 evidence of authorization in the case of signs erected or placed 8 temporarily for the control of speed or direction of traffic at 9 points where construction, repairs, or maintenance of highways is 10 in progress, or along a temporary alternate route established to 11 avoid the construction, repair, or maintenance of a highway, if 12 the signs are of uniform design approved by the state transporta- 13 tion commission and the director of the department of state 14 police and clearly indicate a special control, when proved in 15 court that the temporary traffic-control sign was placed by the 16 state transportation commission or on the authority of the state 17 transportation commission and the director of the department of 18 state police or by the county road commission or on the authority 19 of the county road commission, at a specified location. 20 (4) A person who fails to observe an authorized speed or 21 traffic control sign, signal, or device is responsible for a 22 civil infraction. 23 (5) Except as otherwise provided in this section, the maxi- 24 mum speed limit on all freeways shall be 65 miles per hour except 25 that the state transportation department may designate not more 26 than 170 miles of freeway in this state on which the speed limit 27 may be less than 65 miles per hour. The director of the state 02286'99 * 4 1 transportation department, in consultation with the department of 2 state police, beginning July 31, 1996, shall establish five areas 3 of freeway miles as test zones on which the speed limit may be 4 increased to 70 miles per hour in order to conduct a study to 5 determine whether any of those miles of freeway on which the 6 speed limit is 65 miles per hour onthe effective date of the71996 amendatory act that amended this sectionJUNE 25, 1996 may 8 be increased to 70 miles per hour. Tests shall be conducted from 9 August 1, 1996 through October 31, 1996. The study shall be com- 10 pleted by December 15, 1996 and shall be based on traffic conges- 11 tion and other traffic safety issues as determined by the direc- 12 tor of the department of state police or his or her designee and 13 on engineering criteria as determined by the director of the 14 state transportation department or his or her designee. If the 15 study indicates that certain miles of freeway are eligible for 16 increase, the speed limit on those miles of freeway may be 17 increased to 70 miles per hour. The minimum speed limit on all 18 freeways shall be 45 miles per hour except if reduced speed is 19 necessary for safe operation or in compliance with law or in com- 20 pliance with a special permit issued by an appropriate 21 authority. 22 (6) THE DIRECTOR OF THE STATE TRANSPORTATION DEPARTMENT, IN 23 CONSULTATION WITH THE DEPARTMENT OF STATE POLICE, BEGINNING 24 SEPTEMBER 1, 1999, SHALL ESTABLISH CERTAIN AREAS OF UNITED STATES 25 HIGHWAY AND STATE TRUNK LINE ALL SEASON ROUTE HIGHWAY MILES AS 26 TEST ZONES ON WHICH THE SPEED LIMIT MAY BE INCREASED UP TO 65 27 MILES PER HOUR IN ORDER TO CONDUCT A STUDY TO DETERMINE WHETHER 02286'99 * 5 1 UNITED STATES HIGHWAYS AND STATE TRUNK LINE ALL SEASON ROUTE 2 HIGHWAYS ON WHICH THE SPEED LIMIT IS 55 MILES PER HOUR ON THE 3 EFFECTIVE DATE OF THE 1999 AMENDATORY ACT THAT AMENDED THIS SEC- 4 TION MAY BE INCREASED UP TO 65 MILES PER HOUR. TESTS SHALL BE 5 CONDUCTED FROM SEPTEMBER 1, 1999 THROUGH SEPTEMBER 1, 2000. THE 6 STUDY SHALL BE COMPLETED AND RETURNED TO THE CHAIRPERSONS OF THE 7 HOUSE AND SENATE STANDING COMMITTEES THAT CONSIDER TRANSPORTATION 8 AND TRAFFIC RELATED ISSUES BY OCTOBER 15, 2000, SHALL BE BASED ON 9 TRAFFIC CONGESTION AND OTHER TRAFFIC SAFETY ISSUES AS DETERMINED 10 BY THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE OR HIS OR HER 11 DESIGNEE AND ON ENGINEERING CRITERIA AS DETERMINED BY THE DIREC- 12 TOR OF THE STATE TRANSPORTATION DEPARTMENT OR HIS OR HER DESIG- 13 NEE, AND SHALL INCLUDE RECOMMENDATIONS AS TO WHETHER THE SPEED 14 LIMIT ON ANY OF THE UNITED STATES HIGHWAYS OR STATE TRUNK LINE 15 ALL SEASON ROUTE HIGHWAYS SHOULD BE INCREASED UP TO 65 MILES PER 16 HOUR EFFECTIVE JANUARY 1, 2001. THE TOTAL NUMBER OF HIGHWAY AND 17 FREEWAY MILES USED FOR THE TESTS UNDER THIS SUBSECTION SHALL NOT 18 EXCEED 1,500. NOT LESS THAN 750 MILES OF THE TEST ZONES SHALL BE 19 AT 65 MILES PER HOUR. 20 (7)(6)The maximum rates of speed allowedpursuant to21 UNDER this section are subject to the maximum rates established 22pursuant toUNDER section 629b, section 627(5) to (7) for cer- 23 tain vehicles and vehicle combinations, and section 629(4). 24 (8)(7)A citation or civil infraction determination for 25 exceeding a lawful maximum speed limit of 55 miles per hour by 26 driving 65 miles per hour or less shall not be considered by any 02286'99 * 6 1 person in establishing automobile insurance eligibility or 2 automobile insurance rates. 02286'99 * Final page. TJS