HB-5104, As Passed House, November 9, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5104

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 627 (MCL 257.627), as amended by 2004 PA 62.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 627. (1) A person  driving  operating a vehicle on a

highway shall  drive  operate that vehicle at a careful and prudent

speed not greater than nor less than is reasonable and proper,

having due regard to the traffic, surface, and width of the highway

and of any other condition then existing. A person shall not  drive

operate a vehicle upon a highway at a speed greater than that which

will permit a stop within the assured, clear distance ahead.

     (2) Subject to subsection (1) and except in those instances

where a lower speed is specified in this chapter, it is prima facie

lawful for the  driver  operator of a vehicle to  drive  operate

that vehicle at a speed not exceeding the following, except when

this speed would be unsafe:

     (a) 25 miles an hour on all highways in a business or

residence district as defined in this act.

     (b) 25 miles an hour in public parks unless a different speed

is fixed and duly posted.

     (3) It is prima facie unlawful for a person to exceed the

speed limits prescribed in subsection (2), except as provided in

section 629.

     (4)  The driver of  A person operating a vehicle in a mobile

home park as defined in section 2 of the mobile home commission

act, 1987 PA 96, MCL 125.2302, shall  drive  operate that vehicle

at a careful and prudent speed, not greater than a speed  which

that is reasonable and proper, having due regard for the traffic,

surface, width of the roadway, and all other conditions existing,

and not greater than a speed  which will permit  that permits a

stop within the assured clear distance ahead. It is prima facie

unlawful for the  driver  operator of a vehicle to  drive  operate

that vehicle at a speed exceeding 15 miles an hour in a mobile home

park as defined in section 2 of the mobile home commission act,

1987 PA 96, MCL 125.2302.

     (5) A person  driving  operating a passenger vehicle drawing

another vehicle or trailer shall not exceed  a speed of 55 miles

per hour, unless the vehicle or trailer has 2 wheels or less and

does not exceed the combined weight of 750 pounds for the vehicle

or trailer and load, or a trailer coach of not more than 26 feet in

length with brakes on each wheel and attached to the passenger

vehicle with an equalizing or stabilizing coupling unit  the posted

speed limit.

     (6)  A  Except as otherwise provided in this subsection, a

truck with a gross weight of 10,000 pounds or more, a truck-tractor

with a trailer, or a combination of these vehicles shall not exceed

a speed of 55 miles per hour on highways, streets, or freeways and

shall not exceed a speed of 35 miles per hour during the period

when reduced loadings are being enforced in accordance with this

chapter. However, a truck or truck-tractor described in this

subsection shall not exceed a speed of 60 miles per hour on a

freeway if the maximum speed limit on that freeway is 70 miles per

hour.

     (7) A person  driving  operating a school bus shall not exceed

the speed of 50 miles per hour.

     (8) The maximum rates of speeds allowed  pursuant to  under

this section are subject to the maximum rate established  pursuant

to  under section 629b.

     (9) A person operating a vehicle on a highway, when entering

and passing through a work zone described  in section 79e(a), or,

beginning April 8, 2004, described in section 79d(a)  ,  where a

normal lane or part of the lane of traffic has been closed due to

highway construction, maintenance, or surveying activities, shall

not exceed a speed of 45 miles per hour unless a different speed

limit is determined for that work zone by the state transportation

department, a county road commission, or a local authority. The

state transportation department, a county road commission, or a

House Bill No. 5104 (H-5) as amended November 9, 2005

local authority shall post speed limit signs in each work zone

described  in section 79e(a), or, beginning April 8, 2004,

described in section 79d(a)  ,  that indicate the speed limit in

that work zone and shall identify that work zone with any other

traffic control devices necessary to conform to the Michigan manual

of uniform traffic control devices. A person shall not exceed a

speed limit established under this section or a speed limit

established under section 628 or 629.

     (10) A person who violates this section is responsible for a

civil infraction.

     Enacting section 1. This amendatory act takes effect [9] months

after the date it is enacted into law.