HOUSE BILL No. 6366 September 24, 2002, Introduced by Reps. Daniels, Phillips, McConico, Jamnick, Bogardus, Williams, Waters, Durhal, Drolet, Toy, Mortimer, Kowall, Faunce, Whitmer, Hardman, Stallworth, Frank, Garza, Clark, Rison, Quarles, Zelenko, Thomas and Lemmons and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a, 627, and 627a (MCL 257.320a, 257.627, and 257.627a), section 320a as amended by 2002 PA 149, section 627 as amended by 1990 PA 165, and section 627a as amended by 2000 PA 110. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 320a. (1) The secretary of state, within 10 days after 2 the receipt of a properly prepared abstract from this or another 3 state, shall record the date of conviction, civil infraction 4 determination, or probate court disposition, and the number of 5 points for each, based on the following formula, except as other- 6 wise provided in this section and section 629c: 07312'02 JJG 2 1 (a) Manslaughter, negligent homicide, or a felony 2 resulting from the operation of a motor vehicle, ORV, or 3 snowmobile...............................................6 points 4 (b) A violation of section 601b(2) or (3), 601c(1) or 5 (2), or 653a(3) or (4)...................................6 points 6 (c) A violation of section 625(1), (4), (5), or (7), 7 section 81134 or 82127(1) of the natural resources and 8 environmental protection act, 1994 PA 451, MCL 324.81134 9 and 324.82127, or a law or ordinance substantially corre- 10 sponding to section 625(1), (4), (5), or (7) or, section 11 81134 or 82127(1) of the natural resources and environ- 12 mental protection act, 1994 PA 451, MCL 324.81134 and 13 324.82127................................................6 points 14 (d) Failing to stop and disclose identity at the scene 15 of an accident when required by law......................6 points 16 (e) Operating a motor vehicle in violation of section 17 626......................................................6 points 18 (f) Fleeing or eluding an officer..................... 6 points 19 (g) Violation of section 627(9) pertaining to speed in 20 a designated work area by exceeding the lawful maximum by 21 more than 15 miles per hour..............................5 points 07312'02 3 1 (h) Violation of any law other than the law described 2 in subdivision (g) or ordinance pertaining to speed by 3 exceeding the lawful maximum by more than 15 miles per 4 hour.....................................................4 points 5 (i) Violation of section 625(3) or (6), section 81135 6 or 82127(3) of the natural resources and environmental 7 protection act, 1994 PA 451, MCL 324.81135 and 324.82127, 8 or a law or ordinance substantially corresponding to sec- 9 tion 625(3) or (6) or, section 81135 or 82127(3) of the 10 natural resources and environmental protection act, 1994 11 PA 451, MCL 324.81135 and 324.82127......................4 points 12 (j) Violation of section 626a or a law or ordinance 13 substantially corresponding to section 626a..............4 points 14 (k) Violation of section 653a(2)...................... 4 points 15 (l) Violation of section 627(9) pertaining to speed in 16 a designated work area by exceeding the lawful maximum by 17 more than 10 but not more than 15 miles per hour.........4 points 18 (m) Violation of any law other than the law described 19 in subdivision (l) or ordinance pertaining to speed by 20 exceeding the lawful maximum by more than 10 but not more 21 than 15 miles per hour or careless driving in violation 07312'02 4 1 of section 626b or a law or ordinance substantially 2 corresponding to section 626b............................3 points 3 (n) Violation of section 627(9) pertaining to speed in 4 a designated work area by exceeding the lawful maximum by 5 10 miles per hour or less................................3 points 6 (O) VIOLATION OF SECTION 627A(2)...................... 3 POINTS 7 (P)(o)Violation of any law other than the law 8 described in subdivision (n) or ordinance pertaining to 9 speed by exceeding the lawful maximum by 10 miles per 10 hour or less.............................................2 points 11 (Q)(p)Disobeying a traffic signal or stop sign, or 12 improper passing.........................................3 points 13 (R)(q)Violation of section 624a, 624b, or a law or 14 ordinance substantially corresponding to section 624a or 15 624b.....................................................2 points 16 (S)(r)Violation of section 310e(4) or (6) or a law 17 or ordinance substantially corresponding to section 18 310e(4) or (6)...........................................2 points 07312'02 5 1 (T)(s)All other moving violations pertaining to 2 the operation of motor vehicles reported under this 3 section..................................................2 points 4 (U)(t)A refusal by a person less than 21 years of 5 age to submit to a preliminary breath test required by a 6 peace officer under section 625a.........................2 points 7 (2) Points shall not be entered for a violation of section 8 310e(14), 311, 625m, 658, 717, 719, 719a, or 723. 9 (3) Points shall not be entered for bond forfeitures. 10 (4) Points shall not be entered for overweight loads or for 11 defective equipment. 12 (5) If more than 1 conviction, civil infraction determina- 13 tion, or probate court disposition results from the same inci- 14 dent, points shall be entered only for the violation that 15 receives the highest number of points under this section. 16 (6) If a person has accumulated 9 points as provided in this 17 section, the secretary of state may call the person in for an 18 interview as to the person's driving ability and record after due 19 notice as to time and place of the interview. If the person 20 fails to appear as provided in this subsection, the secretary of 21 state shall add 3 points to the person's record. 22 (7) If a person violates a speed restriction established by 23 an executive order issued during a state of energy emergency as 24 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of 25 state shall enter points for the violation pursuant to subsection 26 (1). 07312'02 6 1 (8) The secretary of state shall enter 6 points upon the 2 record of a person whose license is suspended or denied pursuant 3 to section 625f. However, if a conviction, civil infraction 4 determination, or probate court disposition results from the same 5 incident, additional points for that offense shall not be 6 entered. 7 (9) If a Michigan driver commits a violation in another 8 state that would be a civil infraction if committed in Michigan, 9 and a conviction results solely because of the failure of the 10 Michigan driver to appear in that state to contest the violation, 11 upon receipt of the abstract of conviction by the secretary of 12 state, the violation shall be noted on the driver's record, but 13 no points shall be assessed against his or her driver's license. 14 Sec. 627. (1) A person driving a vehicle on a highway shall 15 drive at a careful and prudent speed not greater than nor less 16 than is reasonable and proper, having due regard to the traffic, 17 surface, and width of the highway and of any other condition then 18 existing. A person shall not drive a vehicle upon a highway at a 19 speed greater than that which will permit a stop within the 20 assured, clear distance ahead. 21 (2) Subject to subsection (1) and except in those instances 22 where a lower speed is specified in this chapter, it is prima 23 facie lawful for the driver of a vehicle to drive at a speed not 24 exceeding the following, except when this speed would be unsafe: 25 (a) 25 miles an hour on all highways in a businessor26residencedistrict as defined in this act. 07312'02 7 1 (B) 15 MILES AN HOUR ON ALL HIGHWAYS IN A RESIDENTIAL 2 DISTRICT AS DEFINED IN THIS ACT. 3 (C)(b)25 miles an hour in public parks unless a differ- 4 ent speed is fixed and duly posted. 5 (3) It is prima facie unlawful for a person to exceed the 6 speed limits prescribed in subsection (2), except as provided in 7 section 629. 8 (4) The driver of a vehicle in a mobile home park as defined 9 in section 2 of the mobile home commission act,Act No. 96 of10the Public Acts of 1987, being section 125.2302 of the Michigan11Compiled Laws1987 PA 96, MCL 125.2302, shall drive at a careful 12 and prudent speed, not greater than a speed which is reasonable 13 and proper, having due regard for the traffic, surface, width of 14 the roadway, and all other conditions existing, and not greater 15 than a speed which will permit a stop within the assured clear 16 distance ahead. It is prima facie unlawful for the driver of a 17 vehicle to drive at a speed exceeding 15 miles an hour in a 18 mobile home park as defined in section 2 ofAct No. 96 of the19Public Acts of 1987THE MOBILE HOME COMMISSION ACT, 1987 PA 96, 20 MCL 125.2302. 21 (5) A person driving a passenger vehicle drawing another 22 vehicle or trailer shall not exceed a speed of 55 miles per hour, 23 unless the vehicle or trailer has 2 wheels or less and does not 24 exceed the combined weight of 750 pounds for the vehicle or 25 trailer and load, or a trailer coach of not more than 26 feet in 26 length with brakes on each wheel and attached to the passenger 27 vehicle with an equalizing or stabilizing coupling unit. 07312'02 8 1 (6) A truck with a gross weight of 10,000 pounds or more, a 2 truck-tractor with a trailer, or a combination of these vehicles 3 shall not exceed a speed of 55 miles per hour on highways, 4 streets, or freeways, and shall not exceed a speed of 35 miles 5 per hour during the period when reduced loadings are being 6 enforced in accordance with this chapter. 7 (7) A person driving a school bus shall not exceed the speed 8 of 50 miles per hour. 9 (8) The maximum rates of speeds allowed pursuant to this 10 section are subject to the maximum rate established pursuant to 11 section 629b. 12 (9) A person operating a vehicle on a highway, when entering 13 and passing through a designated work area where a normal lane or 14 part of the lane of traffic has been closed due to highway con- 15 struction, maintenance, or surveying activities, shall not exceed 16 a speed of 45 miles per hour unless otherwise determined and 17 posted by the state transportation department, a county road com- 18 mission, or a local authority. The state transportation depart- 19 ment, a county road commission, or a local authority shall iden- 20 tify on streets and highways under its jurisdiction a designated 21 work area with traffic control devices which are in conformance 22 with the Michigan manual of uniform traffic control devices. A 23 person shall not exceed a speed limit established under this sec- 24 tion or a speed limit established pursuant to section 628 or 25 629. 26 (10) A person who violates this section is responsible for a 27 civil infraction. 07312'02 9 1 Sec. 627a. (1) As used in this section and section 629: 2 (a) "Regularly scheduled school session" means that part of 3 a day of student instruction that is followed by a break for 4 lunch or by a final dismissal of the student body for that day. 5 (b) "School" means an educational institution operated by a 6 local school district or by a private, denominational, or paro- 7 chial organization. School does not include an educational 8 institution that the department of education determines has its 9 entire student population in residence at the institution. 10 (c) "School zone" means school property on which a school 11 building is located and the area adjacent to the school property 12 that is designated by the signs required under subsection (2). 13 Except as otherwise provided in subsection (5), the school zone 14 extends not more than 1,000 feet from the property line of the 15 school in each direction. 16 (2) Except as provided in subsection (4), the prima facie 17 speed limit in a school zone, which shall be in force not less 18 than 30 minutes but not more than 1 hour before the first regu- 19 larly scheduled school session until school commences and from 20 dismissal until not less than 30 minutes but not more than 1 hour 21 after the last regularly scheduled school session, and during a 22 lunch period when students are permitted to leave the school, 23 shall be2515 miles an hour, if permanent signs designating 24 the school zone and the speed limit in the school zone are posted 25 at the request of the school superintendent. The signs shall 26 conform to the Michigan manual of uniform traffic control 27 devices. 07312'02 10 1 (3) This section does not apply to a limited access highway 2 or to that portion of a street or highway over which a pedestrian 3 overhead walkway is erected, if the walkway is adjacent to school 4 property and is designed and located so as to be used, and is 5 being used, as the principal means by which students of a school 6 that has property adjacent to the walkway travel to and from the 7 school. 8 (4) Local authorities may increase or decrease the prima 9 facie speed limit within a school zone under their jurisdiction 10 pursuant to section 629. 11 (5) Notwithstanding the requirements for a school zone as 12 defined in subsection (1)(c), if a school is located in an area 13 that requires school children to cross a state trunk line highway 14 or county highway that has a speed limit of 35 miles per hour or 15 more to attend that school, the school superintendent may submit 16 a request to the state transportation commission, county road 17 commission, or local authority having jurisdiction over the road- 18 way, as applicable, for a school crossing as permitted under 19 section 613a. If, based on the traffic engineering studies, the 20 road authority determines the need for a lower speed limit, the 21 road authority may designate the crossing as a school zone. 22 Before submitting a request, the school superintendent shall have 23 completed a school route plan as prescribed by section 7A-1 of 24 the Michigan manual of uniform traffic control devices. 25 (6) Notwithstanding the25-mile-per-hour15-MILE-PER-HOUR 26 prima facie speed limit established by subsection (2), the prima 27 facie speed limit for any street in a school zone that has 07312'02 11 1 sidewalks along at least 1 side of the street, which shall be in 2 force during the same periods that a25-mile-per-hour3 15-MILE-PER-HOUR speed limit provided by subsection (2) would 4 otherwise be effective, shall be set at the limit requested by 5 the superintendent of schools with jurisdiction over the school 6 within the school zone, but this limit shall neither be more than 7 15 miles per hour below the regularly posted speed limit for that 8 street nor less than2515 miles per hour. Permanent signs 9 designating the school zone and the speed limit in the school 10 zone shall be posted. These signs shall conform to the Michigan 11 manual of uniform traffic control devices. 07312'02 Final page. JJG