HB-4133, As Passed Senate, July 1, 2003                                     

    REPRINT                                                                     

    SUBSTITUTE FOR                                                              

    HOUSE BILL NO. 4133                                                         

(As Passed the House, March 26, 2003)                                       

                                                                             A bill to amend 1949 PA 300, entitled                                             

"Michigan vehicle code,"                                                    

by amending section 628 (MCL 257.628), as amended by 2000 PA                

167.                                                                        

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                  

3   jurisdiction,  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                   

7   reasonable or safe under the conditions found to exist at an                

8   intersection or other place or upon a part of the highway, the              

9   officials acting jointly may determine and declare a reasonable             

10  and safe maximum or minimum speed limit on that state trunk line            

1   , county  highway  ,  or intersection that shall be effective at           

2   the 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.                                                        

5   (2) If the county road commission, the township board, and                  

6   the director of the department of state police unanimously                  

7   determine upon the basis of an engineering and traffic                      

8   investigation that the speed of vehicular traffic on a county               

9   highway is greater or less than is reasonable or safe under the             

10  conditions found to exist at an intersection or other place or              

11  upon a part of the highway, the officials acting unanimously may            

12  establish a reasonable and safe maximum or minimum speed limit at           

13  that intersection or on that county highway that shall be                   

14  effective at the times determined when appropriate signs giving             

15  notice of the speed limit are erected at the intersection or                

16  other place or part of the highway.  A township board that does             

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

18  subsection shall notify in writing the county road commission.              

19  As used in this subsection, "county road commission" means the              

20  board of county road commissioners elected or appointed pursuant            

21  to section 6 of chapter IV of 1909 PA 283, MCL 224.6, or, in the            

22  case of a charter county with a population of 2,000,000 or more             

23  with an elected county executive that does not have a board of              

24  county road commissioners, the county executive.                            

25  (3) If a superintendent of a school district determines that                

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

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

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

2   or less than is reasonable or safe, the officials identified in             

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

4   superintendent of the school district affected in acting jointly            

5   in determining and declaring a reasonable and safe maximum or               

6   minimum speed limit on that state trunk line or county highway.             

7   The maximum speed limit on all highways or parts of highways upon           

8   which a maximum speed limit is not otherwise fixed under this act           

9   shall be 55 miles per hour.                                                 

10  (4)  (2)  In the case of a county highway of not less than 1                

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

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

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

14  speed limit, the township board may petition the county road                

15  commission or in charter counties where there is no road                    

16  commission, but there is a county board of commissioners, the               

17  township board may petition the county board of commissioners for           

18  a proposed change in the speed limit.  The county road commission           

19  or in charter counties where there is no road commission, but               

20  there is a county board of commissioners, the township board may            

21  petition the county board of commissioners to approve the                   

22  proposed change in the speed limit without the necessity of an              

23  engineering and traffic investigation.                                      

24  (5)  (3)  The speed limit on a county highway or an                         

25  interconnected group of county highways of not more than 1 mile             

26  in total length that connect with the county road system by a               

27  single entrance and exit shall be 25 miles per hour unless a                

1   different speed limit is fixed and posted.                                  

2   (6)  (4)  If upon investigation the state transportation                    

3   commission or county road commission and the director of the                

4   department of state police find it in the interest of public                

5   safety, they may order the township board, or city or village               

6   officials to erect and maintain, take down, or regulate the speed           

7   control signs, signals, or devices as directed, and in default of           

8   an order the state transportation commission or county road                 

9   commission may cause the designated signs, signals, and devices             

10  to be erected and maintained, taken down, regulated, or                     

11  controlled, in the manner previously directed, and pay for the              

12  erecting and maintenance, removal, regulation, or control of the            

13  sign, signal, or device out of the highway fund designated.                 

14  (7)  (5)  A public record of all speed control signs,                       

15  signals, or devices authorized under this section shall be filed            

16  in the office of the county clerk of the county in which the                

17  highway is located, and a certified copy shall be prima facie               

18  evidence in all courts of the issuance of the authorization.  The           

19  public record with the county clerk shall not be required as                

20  prima facie evidence of authorization in the case of signs                  

21  erected or placed temporarily for the control of speed or                   

22  direction of traffic at points where construction, repairs, or              

23  maintenance of highways is in progress, or along a temporary                

24  alternate route established to avoid the construction, repair, or           

25  maintenance of a highway, if the signs are of uniform design                

26  approved by the state transportation commission and the director            

27  of the department of state police and clearly indicate a special            

1   control, when proved in court that the temporary traffic-control            

2   sign was placed by the state transportation commission or on the            

3   authority of the state transportation commission and the director           

4   of the department of state police or by the county road                     

5   commission or on the authority of the county road commission, at            

6   a specified location.                                                       

7   (8)  (6)  A person who fails to observe an authorized speed                 

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

9   civil infraction.                                                           

10  (9)  (7)  Except as otherwise provided in this section, the                 

11  maximum speed limit on all freeways shall be  65 70 miles per              

12  hour except that the state transportation department may                    

13  designate not more than 170 miles of freeway in this state on               

14  which the speed limit may be less than  65 70 miles per hour.              

15  The director of the state transportation department, in                    

16  consultation with the department of state police, beginning                 

17  July 31, 1996, shall establish five areas of freeway miles as               

18  test zones on which the speed limit may be increased to 70 miles            

19  per hour in order to conduct a study to determine whether any of            

20  those miles of freeway on which the speed limit is 65 miles per             

21  hour on June 25, 1996 may be increased to 70 miles per hour.                

22  Tests shall be conducted from August 1, 1996 through October 31,            

23  1996.  The study shall be completed by December 15, 1996 and                

24  shall be based on traffic congestion and other traffic safety               

25  issues as determined by the director of the department of state             

26  police or his or her designee and on engineering criteria as                

27  determined by the director of the state transportation department           

1   or his or her designee.  If the study indicates that certain                

2   miles of freeway are eligible for increase, the speed limit on              

3   those miles of freeway may be increased to 70 miles per hour.

4   The minimum speed limit on all freeways shall be 45 miles per               

5   hour except if reduced speed is necessary for safe operation or             

6   in compliance with law or in compliance with a special permit               

7   issued by an appropriate authority.                                         

8   (10)  (8)  The maximum rates of speed allowed pursuant to                   

9   this section are subject to the maximum rates established under             

10  section 629b, section 627(5) to (7) for certain vehicles and                

11  vehicle combinations, and section 629(4).                                   

12  (11)  (9)  A citation or civil infraction determination for                 

13  exceeding a lawful maximum speed limit of 55 miles per hour by              

14  driving 65 miles per hour or less shall not be considered by any            

15  person in establishing automobile insurance eligibility or                  

16  automobile insurance rates.                                                 

17      Enacting section 1.  This amendatory act does not take                      

18  effect unless House Bill No. 4224 of the 92nd legislature is                

19  enacted into law.