HB-5240, As Passed House, January 19, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 5240
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 5, 320a, 627, 628, 629, and 629c (MCL 257.5,
257.320a, 257.627, 257.628, 257.629, and 257.629c), section 320a
as amended by 2004 PA 495, section 627 as amended by 2004 PA 62,
section 628 as amended by 2003 PA 65, section 629 as amended by
1988 PA 368, and section 629c as amended by 1996 PA 320; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5. (1) "Business district" means the
territory an
2
area contiguous to a highway when
50 per cent where the total
3 widths of the adjacent buildings in use for commercial business
4 open to the general public on both sides occupy 50% or more of
1 the total frontage
thereon on both sides for a distance of 300
2
600 feet or more. is
occupied by buildings in use for business.
3 (2) As used in this section, "commercial business" does not
4 include a home-based business conducted from a residence or
5 domicile, but does include a multi-use building in which a
6 commercial business open to the general public is operated on the
7 ground floor and residential apartments exist on upper floors.
8 Sec. 320a. (1) Until October 1, 2005, within 10 days after
9 the receipt of a properly prepared abstract from this state or
10 another state, or, beginning October 1, 2005, within Within 5
11 days after the receipt of a properly prepared abstract from this
12 state or another state, the secretary of state shall record the
13 date of conviction, civil infraction determination, or probate
14 court disposition, and the number of points for each, based on
15 the following formula, except as otherwise provided in this
16 section and section 629c:
17 (a) Manslaughter, negligent homicide, or a felony
18 resulting from the operation of a motor vehicle, ORV, or
19 snowmobile.............................................. 6 points
20 (b) A violation of section 601b(2) or (3), 601c(1) or
21 (2), or 653a(3) or (4).................................. 6 points
22 (c) A violation of section 625(1), (4), (5), (7),
23 or (8), section 81134 or 82127(1) of the natural resources
24 and environmental protection act, 1994 PA 451,
25 MCL 324.81134 and 324.82127, or a law or ordinance
26 substantially corresponding to section 625(1), (4), (5),
27 (7), or (8) or section 81134 or 82127(1) of the natural
1 resources and environmental protection act, 1994 PA 451,
2 MCL 324.81134 and 324.82127............................. 6 points
3 (d) Failing to stop and disclose identity at the
4 scene of an accident when required by law............... 6 points
5 (e) Operating a motor vehicle in violation of
6 section 626 ............................................ 6 points
7 (f) Fleeing or eluding an officer.................. 6 points
8 (g) A violation of section 627(9) 627(8)
9 pertaining to speed in a work zone described in that section
10 by exceeding the lawful maximum by more than 15 miles
11 per hour ............................................... 5 points
12 (h) A violation of any law other than the law
13 described in subdivision (g) or ordinance pertaining to
14 speed by exceeding the lawful maximum by more than 15 miles
15 per hour ............................................... 4 points
16 (i) A violation of section 625(3) or (6), section
17 81135 or 82127(3) of the natural resources and environmental
18 protection act, 1994 PA 451, MCL 324.81135 and 324.82127,
19 or a law or ordinance substantially corresponding to
20 section 625(3) or (6) or section 81135 or 82127(3) of the
21 natural resources and environmental protection act, 1994
22 PA 451, MCL 324.81135 and 324.82127..................... 4 points
23 (j) A violation of section 626a or a law or
24 ordinance substantially corresponding to section 626a... 4 points
25 (k) A violation of section 653a(2)................. 4 points
26 (l) A violation of section 627(9)
627(8)
27 pertaining to speed in a work zone described in that section
1 by exceeding the lawful maximum by more than 10 but not more
2 than 15 miles per hour.................................. 4 points
3 (m) A violation of any law other than the law
4 described in subdivision (l) or ordinance pertaining to
5 speed by exceeding the lawful maximum by more than 10 but
6 not more than 15 miles per hour or careless driving in
7 violation of section 626b or a law or ordinance
8 substantially corresponding to section 626b............. 3 points
9 (n) A violation of section 627(9) 627(8)
10 pertaining to speed in a work zone described in that section
11 by exceeding the lawful maximum by 10 miles per hour
12 or less................................................. 3 points
13 (o) A violation of any law other than the law
14 described in subdivision (n) or ordinance pertaining to
15 speed by exceeding the lawful maximum by 10 miles per hour
16 or less................................................. 2 points
17 (p) Disobeying a traffic signal or stop sign, or
18 improper passing........................................ 3 points
19 (q) A violation of section 624a, 624b, or a law or
20 ordinance substantially corresponding to section 624a
21 or 624b................................................. 2 points
22 (r) A violation of section 310e(4) or (6) or a law
23 or ordinance substantially corresponding to section 310e(4)
24 or (6).................................................. 2 points
25 (s) All other moving violations pertaining to the
26 operation of motor vehicles reported under this section. 2 points
27 (t) A refusal by a person less than 21 years of
1 age to submit to a preliminary breath test required by a
2 peace officer under section 625a........................ 2 points
3 (2) Points shall not be entered for a violation of section
4 310e(14), 311, 625m, 658, 717, 719, 719a, or 723.
5 (3) Points shall not be entered for bond forfeitures.
6 (4) Points shall not be entered for overweight loads or for
7 defective equipment.
8 (5) If more than 1 conviction, civil infraction
9 determination, or probate court disposition results from the same
10 incident, points shall be entered only for the violation that
11 receives the highest number of points under this section.
12 (6) If a person has accumulated 9 points as provided in this
13 section, the secretary of state may call the person in for an
14 interview as to the person's driving ability and record after due
15 notice as to time and place of the interview. If the person fails
16 to appear as provided in this subsection, the secretary of state
17 shall add 3 points to the person's record.
18 (7) If a person violates a speed restriction established by
19 an executive order issued during a state of energy emergency as
20 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
21 state shall enter points for the violation pursuant to subsection
22 (1).
23 (8) The secretary of state shall enter 6 points upon the
24 record of a person whose license is suspended or denied pursuant
25 to section 625f. However, if a conviction, civil infraction
26 determination, or probate court disposition results from the same
27 incident, additional points for that offense shall not be
1 entered.
2 (9) If a Michigan driver commits a violation in another
3 state that would be a civil infraction if committed in Michigan,
4 and a conviction results solely because of the failure of the
5 Michigan driver to appear in that state to contest the violation,
6 upon receipt of the abstract of conviction by the secretary of
7 state, the violation shall be noted on the driver's record, but
8 no points shall be assessed against his or her driver's license.
9 Sec. 627. (1) A person driving a vehicle on a highway shall
10 drive at a careful and prudent speed not greater than nor less
11 than is reasonable and proper, having due regard to the traffic,
12 surface, and width of the highway and of any other condition then
13 existing. A person shall not drive a vehicle upon a highway at a
14 speed greater than that which will permit a stop within the
15 assured, clear distance ahead.
16 (2) Subject to subsection (1) and except Except in
those
17 instances where a lower speed is specified in this chapter or the
18 speed would be unsafe pursuant to subsection (1), it is prima
19 facie lawful unlawful
for the driver of a vehicle to drive at
a
20 speed not exceeding the following: ,
except when this speed
21 would be unsafe:
22 (a) 25 30 miles an per
hour on all highways in a
23 business or residence district as that term is defined in this
24 act section 5.
25 (b) 25 miles an per
hour in public parks unless a
26 different speed is fixed and duly posted.
27 (c) 30 miles per hour on a highway segment with 60 or more
1 vehicular access points within 1/2 mile.
2 (d) 35 miles per hour on a highway segment with not less
3 than 45 vehicular access points but no more than 59 vehicular
4 access points within 1/2 mile.
5 (e) 45 miles per hour on a highway segment with not less
6 than 30 vehicular access points but no more than 44 vehicular
7 access points within 1/2 mile.
8 (3) It is prima facie unlawful for a person to exceed the
9 speed limits prescribed in subsection (2), except as provided in
10 section 629.
11 (4) The driver of a vehicle in a mobile home park as defined
12 in section 2 of the mobile home commission act, 1987 PA 96, MCL
13 125.2302, shall drive at a careful and prudent speed, not greater
14 than a speed which that
is reasonable and proper, having due
15 regard for the traffic, surface, width of the roadway, and all
16 other conditions existing, and not greater than a speed which
17 that will permit a stop within the assured clear distance ahead.
18 It is prima facie unlawful for the driver of a vehicle to drive
19 at a speed exceeding 15 miles
an per hour
in a mobile home park
20 as defined in section 2 of the mobile home commission act, 1987
21 PA 96, MCL 125.2302.
22 (5) A person driving a passenger operating a school bus, a
23 vehicle drawing another vehicle or trailer, or a truck or truck-
24 tractor with a gross weight of 10,000 pounds or more, shall not
25 exceed a speed of 55 miles per hour. , unless the vehicle
or
26 trailer has 2 wheels or less and does not exceed the combined
27 weight of 750 pounds for the vehicle or trailer and load, or a
1 trailer coach of not more than 26 feet in length with brakes on
2 each wheel and attached to the passenger vehicle with an
3 equalizing or stabilizing coupling unit.
4 (6) A person operating a truck with a gross weight of 10,000
5 pounds or more, a truck-tractor with a trailer, or a combination
6 of these vehicles shall not exceed a speed of 55 miles per hour
7 on highways, streets, or freeways and shall
not exceed a speed
8 of 35 miles per hour during the period when reduced loadings are
9 being enforced in accordance with this chapter.
10 (7) A person driving a school bus shall not exceed the speed
11 of 50 miles per hour.
12 (7) (8) The maximum rates of speeds allowed pursuant
to
13
under this section are subject to the
maximum rate established
14 pursuant to under section 629b.
15 (8) (9) A person operating a vehicle on a highway, when
16 entering and passing through a work zone described in section
17 79e(a), or, beginning April 8, 2004, described in section 79d(a)
18 , where a normal lane or
part of the lane of traffic has been
19 closed due to highway construction, maintenance, or surveying
20 activities, shall not exceed a speed of 45 miles per hour unless
21 a different speed limit is determined for that work zone by the
22 state transportation department, a county road commission, or a
23 local authority, based on accepted engineering practice. The
24 state transportation department, a county road commission, or a
25 local authority shall post speed limit signs in each work zone
26 described in section 79e(a), or, beginning April 8, 2004,
27 described in section 79d(a)
, that indicate the speed limit in
1 that work zone and shall identify that work zone with any other
2 traffic control devices necessary to conform to the Michigan
3 manual of uniform traffic control devices. A person shall not
4 exceed a speed limit established under this section or a speed
5 limit established under section 628 or 629.
6 (9) Notwithstanding subsection (1), speed limits established
7 pursuant to this section are not valid unless properly posted. A
8 sign indicating "prima facie" shall be attached directly below a
9 sign indicating a speed limit posted pursuant to this section. In
10 the absence of a properly posted sign, the speed limit in effect
11 shall be the general speed limit pursuant to section 628(1).
12 (10) Nothing in this section prevents the establishment of
13 an absolute speed limit pursuant to section 628. Notwithstanding
14 subsection (1), an absolute speed limit established pursuant to
15 section 628 supersedes a prima facie speed limit established
16 pursuant to this section.
17 (11) Nothing in this section shall be construed as
18 justification to deny a traffic and engineering investigation.
19 (12) As used in this section, "vehicular access point" means
20 a driveway or intersecting roadway, including, but not limited
21 to, those depicted on the final plat of a subdivision under the
22 land division act, 1967 PA 288, MCL 566.101 to 566.293.
23 (13) (10) A person who violates this section is
24 responsible for a civil infraction.
25 Sec. 628. (1) If the state transportation commission
26
department and the director
of the department of state police
27 jointly determine upon the basis of an engineering and traffic
1 investigation that the speed of vehicular traffic on a state
2 trunk line highway is greater or less than is reasonable or safe
3 under the conditions found to exist at an intersection or other
4 place or upon a part of the highway, the officials departments
5 acting jointly may determine and declare a reasonable and safe
6 maximum or minimum speed limit on that state trunk line highway
7 or intersection that shall be effective at the times determined
8 when appropriate signs giving notice of the speed limit are
9 erected at the intersection or other place or part of the
10 highway. The maximum speed limit on all highways or parts of
11 highways upon which a maximum speed limit is not otherwise fixed
12 under this act is 55 miles per hour, which shall be known and may
13 be referred to as the "general speed limit".
14 (2) If the county road commission, the township board, and
15 the director of the department of state police
unanimously
16 determine upon the basis of an engineering and traffic
17 investigation that the speed of vehicular traffic on a county
18 highway is greater or less than is reasonable or safe under the
19 conditions found to exist at an intersection or other place or
20 upon a any part of the highway, the officials then acting
21 unanimously they may establish a reasonable and safe maximum or
22 minimum speed limit at that intersection or on
that county
23 highway that shall be is effective at the times
determined when
24 appropriate signs giving notice of the speed limit are erected
25 at the intersection or other place or part of on the
highway. A
26 township board that does not wish to continue as part of the
27 process provided by this subsection shall notify in writing the
1 county road commission. As used in this subsection, "county road
2 commission" means the person designated by either the board of
3 county road commissioners elected or appointed pursuant
to
4 under section 6 of chapter IV of 1909 PA 283, MCL 224.6, or, in
5 the case of a charter county with a population of 2,000,000 or
6 more with an elected county executive that does not have a board
7 of county road commissioners, the county executive.
8 (3) If a superintendent of a school district determines that
9 the speed of vehicular traffic on a state trunk line or county
10 highway, which is within 1,000 feet of a school in the school
11 district of which that person is the superintendent, is greater
12 or less than is reasonable or safe, the officials identified in
13 subsection (1) or (2), as appropriate, shall include the
14 superintendent of the school district affected in acting jointly
15 in determining and declaring a reasonable and safe maximum or
16 minimum speed limit on that state trunk line or county highway.
17 The maximum speed limit on all highways or parts of highways upon
18 which a maximum speed limit is not otherwise fixed under this act
19 shall be 55 miles per hour.
20 (4) In the case of a county highway of not less than 1 mile
21 with residential lots with road frontage of 300 feet or less
22 along either side of the highway for the length of that part of
23 the highway that is under review for a proposed change in the
24 speed limit, the A township board may petition the county road
25 commission or in charter counties where there is no road
26 commission, but there is a county board of commissioners, the
27 township board may petition the county board of commissioners for
1 a proposed change in the speed limit. The county road commission
2 or in charter counties where there is no road commission, but
3 there is a county board of commissioners, the township board may
4 petition the county board of commissioners to approve the
5 proposed change in the speed limit without the necessity of an
6 engineering and traffic investigation.
7 (5) The speed limit on a county highway or an interconnected
8 group of county highways of not more than 1 mile in total length
9 that connect with the county road system by a single entrance and
10 exit shall be 25 miles per hour unless a different speed limit is
11 fixed and posted.
12 (5) (6) If upon investigation the state transportation
13 commission department
or county road commission and the
14 director of the department of state police find it in the
15 interest of public safety, they may order the township board, or
16 city or village officials to erect and maintain, take down, or
17 regulate the speed control signs, signals, or devices as
18 directed, and in default of an order the state transportation
19 commission department
or county road commission may cause the
20 designated signs, signals, and devices to be erected and
21 maintained, taken down, regulated, or controlled, in the manner
22 previously directed, and pay for the erecting and maintenance,
23 removal, regulation, or control of the sign, signal, or device
24 out of the highway fund designated.
25 (6) (7) A public record of all speed control signs,
26 signals, or devices authorized under this section shall be filed
27 in the office of the county clerk of the county in which the
1 highway is located, and a certified copy shall be prima facie
2 evidence in all courts of the issuance of the authorization. The
3 public record with the county clerk shall not be required as
4 prima facie evidence of authorization in the case of signs
5 erected or placed temporarily for the control of speed or
6 direction of traffic at points where construction, repairs, or
7 maintenance of highways is in progress, or along a temporary
8 alternate route established to avoid the construction, repair, or
9 maintenance of a highway, if the signs are of uniform design
10 approved by the state transportation commission department and
11 the director of the department of state police
and clearly
12 indicate a special control, when proved in court that the
13 temporary traffic-control sign was placed by the state
14 transportation commission department or on the
authority of the
15 state transportation commission department and the director
of
16 the department of state police or by the county road
commission
17 or on the authority of the county road commission, at a specified
18 location.
19 (7) (8) A person who fails to observe an authorized speed
20 or traffic control sign, signal, or device is responsible for a
21 civil infraction.
22 (8) (9) Except as otherwise provided in this section, the
23 maximum speed limit on all freeways shall be 70 miles per hour
24 except that the state transportation department may
designate
25 not more than 170 miles of freeway in this state on which the
26 speed limit may be less than 70 miles per hour that if the state
27 transportation department and the department of state police
1 jointly determine upon the basis of an engineering and traffic
2 investigation that the speed of vehicular traffic on a freeway is
3 greater or less than is reasonable or safe under the conditions
4 found to exist upon a part of the freeway, the departments acting
5 jointly may determine and declare a reasonable and safe maximum
6 or minimum speed limit on that freeway that shall be effective at
7 the times determined when appropriate signs giving notice of the
8 speed limit are erected. The minimum speed limit on all freeways
9 shall be 45 55 miles per hour except if reduced speed is
10 necessary for safe operation or in compliance with law or in
11 compliance with a special permit issued by an appropriate
12 authority.
13 (9) (10) The maximum rates of speed allowed pursuant
to
14 under this section are subject to the maximum rates established
15 under section 629b, section 627(5) to (7) and (6) for
certain
16 vehicles and vehicle combinations, and section 629(4).
17 (11) A citation or civil infraction determination for
18 exceeding a lawful maximum speed limit of 55 miles per hour by
19 driving 65 miles per hour or less shall not be considered by any
20 person in establishing automobile insurance eligibility or
21 automobile insurance rates.
22 (10) Except for the general speed limit described in
23 subsection (1), speed limits established pursuant to this section
24 shall be known as absolute speed limits.
25 Sec. 629. (1) Local authorities may establish or increase
26 the prima facie speed limits on highways under their jurisdiction
27 subject to the following limitations:
1 (a) A highway within a business or residential district
on
2 which the prima facie speed limit is increased shall be
3 designated a through highway at the entrance to which vehicles
4 shall be required to stop before entering, except that where 2 of
5 these through highways intersect, local authorities may require
6 traffic on only 1 highway to stop before entering the
7 intersection.
8 (b) The local authorities shall place and maintain, upon all
9 through highways in which the permissible speed is increased,
10 adequate signs giving notice of the special regulations and shall
11 also place and maintain upon each highway intersecting a through
12 highway, appropriate signs which shall be reflectorized or
13 illuminated at night.
14 (c) Local authorities may establish prima facie lawful speed
15 limits on highways outside of business or residential districts
16 which shall not be less than 25 miles per hour, except as
17 provided in subsection (4).
18 (d) Before a local authority increases or decreases the
19 prima facie speed limit on a state trunk line highway within a
20 school zone, the local authority shall confer with the state
21 transportation department, the department of state police, and
22 the school board of the affected school district. that are
23 consistent with the limits established in section 627(2).
24 (2) The state transportation commission may department
25
shall establish the speed which
shall be prima facie lawful
26 upon all trunk line highways
outside of business districts and
27 located within cities and villages and outside of school
zones,
1 as follows:
2 (a) A written copy of the authorization or determination
3 shall be filed in the office of the county clerk of the county or
4 counties where the highway is located and a certified copy of the
5 authorization or determination shall be prima facie evidence in
6 all courts of the issuance of the authorization or determination.
7 (b) When the state transportation commission department
8 increases the speed upon a trunk line highway as provided in this
9 act, subject to section 627a, the state transportation department
10 shall place and maintain upon these highways adequate signs
11 giving notice of the permissible speed fixed by the state
12 transportation commission.
13 (3) Local authorities are authorized to decrease the prima
14 facie speed limits to not less than 25 miles per hour in public
15 parks under their jurisdiction. A decrease in the prima facie
16 speed limits shall be is binding when adequate
signs are duly
17 posted giving notice of the reduced speeds.
18 (4) Local authorities are authorized to decrease the prima
19 facie speed limits to not less than 15 25 miles
an hour on each
20 street or highway under their jurisdiction which
that is
21 adjacent to a publicly owned park or playground. A decrease in
22 the prima facie speed limits
shall be is binding
when adequate
23 signs are duly posted giving notice of the reduced speeds. As
24 used in this subsection, "local authority" includes the county
25 road commission with the concurrence of the township board of a
26 township for a street or highway within the boundaries of the
27 township.
1 (5) The maximum rates of speed allowed pursuant
to under
2 this section are subject to the maximum rate established
3 pursuant to under section 629b.
4 (6) A person who exceeds a lawful speed limit established
5 pursuant to under this section is responsible for a civil
6 infraction.
7 (7) As used in this section, "local authority" means the
8 governing body of a city or village, except as provided in
9 subsection (4).
10 Sec. 629c. (1) Notwithstanding sections 320a and 907, a
11 person who is determined responsible or responsible "with
12 explanation" for a civil infraction for violating the maximum
13 speed limit on a limited access freeway or part of a limited
14 access freeway upon which the maximum speed limit is 55 miles per
15 hour or more shall be ordered by the court to pay a minimum fine
16 and shall have points entered on his or her driving record by the
17 secretary of state only according to the following schedule,
18 except as otherwise provided in subsections (2) and (3):
19 Number of miles per hour
20 that the vehicle exceeded the
21 applicable speed limit at the Minimum
22 time of the violation Points Fine
23 1 to 5 0 $10.00
24 6 to 10 1 $20.00
1 11 to 15 2 $30.00
2 16 to 25 3 $40.00
3 26 or over 4 $50.00
4 (2) Subsection (1) does not apply to a person operating a
5 vehicle or vehicle combination for which the maximum rate of
6 speed is established pursuant to section 627(5) to
(7) and (6).
7 (3) For a violation of a maximum speed limit on a limited
8 access freeway by a person operating a vehicle or vehicle
9 combination described in subsection (2), points shall be assessed
10 under section 320a and fines shall be assessed under section 907.
11 Enacting section 1. Sections 51 and 627b of the Michigan
12 vehicle code, 1949 PA 300, MCL 257.51 and 257.627b, are repealed.
13 Enacting section 2. This amendatory act does not take effect
14 unless House Bill No. 5241 of the 93rd Legislature is enacted
15 into law.