ENFORCING TRAFFIC LAW ON PRIVATE ROAD H.B. 4807 (H-2): COMMITTEE SUMMARY






House Bill 4807 (Substitute H-2 as passed by the House)
Sponsor: Representative John Stakoe
House Committee: Local Government and Urban Policy
Senate Committee: Judiciary


Date Completed: 6-27-06

CONTENT The bill would amend Public Act 62 of 1956, which provides for a uniform traffic code, to allow a peace officer to enforce a traffic ordinance on a private road accessible to the general public, if signs were posted by the owner or person in charge of the road; and delete provisions for a contract between a local unit and the person in charge of a private road for enforcement of the traffic law.

The Act authorizes a city, village, or township to adopt by reference a code or ordinance for the regulation of traffic within cities, villages, and townships that has been promulgated by the Director of the Department of State Police. With the consent of or at the request of a person in charge of a private road or parking lot, whether or not the road or parking lot is open to the general public, a city, village, or township may contract with that person for the local unit to enforce the traffic code or ordinance on that road or in that parking lot. The bill would delete the references to a private road in this provision.


Under the bill, a peace officer could enter upon a private road that was accessible to the general public to enforce a uniform traffic ordinance adopted under the Act, if signs meeting the requirements of the Michigan Manual of Uniform Traffic Control Devices were posted on the private road. The owner or person in charge of the private road would be responsible for posting the signs.


The bill specifies that nothing in these provisions could be construed to affect a contract entered into between a city, village, or township and the person in charge of a private road before the bill's effective date.


MCL 257.951 Legislative Analyst: Suzanne Lowe

FISCAL IMPACT
The bill would have on fiscal impact on State or local government.

Fiscal Analyst: Bruce Baker

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4807/0506