HB-5240, As Passed Senate, March 1, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5240

      A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 5, 627, 628, 629, and 629c (MCL 257.5,

257.627, 257.628, 257.629, and 257.629c), section 627 as amended

by 2006 PA 19, 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. 627. (1) A person operating a vehicle on a highway

 9  shall operate that vehicle at a careful and prudent speed not

10  greater than nor less than is reasonable and proper, having due

11  regard to the traffic, surface, and width of the highway and of

12  any other condition then existing. A person shall not operate a

13  vehicle upon a highway at a speed greater than that which will

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

15        (2)  Subject to subsection (1) and except  Except in those

16  instances where a lower speed is specified in this chapter or the

17  speed is unsafe pursuant to subsection (1), it is prima facie

18  lawful for the operator of a vehicle to operate that vehicle at a

19  speed not exceeding the following, except when this speed would

20  be unsafe:

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

22  residence district as that term is defined in  this act  section

23  5.

24        (b) 25 miles  an  per hour in public parks unless a

25  different speed is fixed and duly posted.

26        (c) 25 miles per hour on all highways or parts of highways

27  within the boundaries of land platted under the land division

 1  act, 1967 PA 288, MCL 560.101 to 560.293, or the condominium act,

 2  1978 PA 59, MCL 559.101 to 559.276, unless a different speed is

 3  fixed and posted.

 4        (d) 25 miles per hour on a highway segment with 60 or more

 5  vehicular access points within 1/2 mile.

 6        (e) 35 miles per hour on a highway segment with not less

 7  than 45 vehicular access points but no more than 59 vehicular

 8  access points within 1/2 mile.

 9        (f) 45 miles per hour on a highway segment with not less

10  than 30 vehicular access points but no more than 44 vehicular

11  access points within 1/2 mile.

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

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

14  section 629.

15        (4) A person operating a vehicle in a mobile home park as

16  defined in section 2 of the mobile home commission act, 1987 PA

17  96, MCL 125.2302, shall operate that vehicle at a careful and

18  prudent speed, not greater than a speed that is reasonable and

19  proper, having due regard for the traffic, surface, width of the

20  roadway, and all other conditions existing, and not greater than

21  a speed that permits a stop within the assured clear distance

22  ahead. It is prima facie unlawful for the operator of a vehicle

23  to operate that vehicle at a speed exceeding 15 miles an hour in

24  a mobile home park as defined in section 2 of the mobile home

25  commission act, 1987 PA 96, MCL 125.2302.

26        (5) A person operating a passenger vehicle drawing another

27  vehicle or trailer shall not exceed the posted speed limit.

House Bill No. 5240 as amended March 1, 2006

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

 2  person operating a truck with a gross weight of 10,000 pounds or

 3  more, a truck-tractor, a truck-tractor with a semi-trailer or

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

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

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

 7  when reduced loadings are being enforced in accordance with this

 8  chapter. However, a person operating a <<school bus, a>> truck, a

    truck-tractor, or

 9  a truck-tractor with a semi-trailer or trailer described in this

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

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

12  per hour.

13        (7) <<A Except as otherwise provided in subsection (6), a>> person

    operating a school bus shall not exceed the

14  speed of  50  55 miles per hour.

15        (8) The maximum rates of speeds allowed under this section

16  are subject to the maximum rate established under section 629b.

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

18  and passing through a work zone described in section 79d(a) where

19  a normal lane or part of the lane of traffic has been closed due

20  to highway construction, maintenance, or surveying activities,

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

22  speed limit is determined for that work zone by the state

23  transportation department, a county road commission, or a local

24  authority, based on accepted engineering practice. The state

25  transportation department, a county road commission, or a local

26  authority shall post speed limit signs in each work zone

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

 1  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        (10) Subject to subsections (1) and (2)(c), speed limits

 7  established pursuant to this section are not valid unless

 8  properly posted. In the absence of a properly posted sign, the

 9  speed limit in effect shall be the general speed limit pursuant

10  to section 628(1).

11        (11) Nothing in this section prevents the establishment of

12  an absolute speed limit pursuant to section 628. Subject to

13  subsection (1), an absolute speed limit established pursuant to

14  section 628 supersedes a prima facie speed limit established

15  pursuant to this section.

16        (12) Nothing in this section shall be construed as

17  justification to deny a traffic and engineering investigation.

18        (13) As used in this section, "vehicular access point" means

19  a driveway or intersecting roadway.

20  (14)  (10) A person who violates this section is

21  responsible for a civil infraction.

22        Sec. 628. (1) If the state transportation  commission

23  department and the  director of the department of state police

24  jointly determine upon the basis of an engineering and traffic

25  investigation that the speed of vehicular traffic on a state

26  trunk line highway is greater or less than is reasonable or safe

27  under the conditions found to exist at an intersection or other

 1  place or upon a part of the highway, the  officials  departments

 2  acting jointly may determine and declare a reasonable and safe

 3  maximum or minimum speed limit on that state trunk line highway

 4  or intersection that shall be effective at the times determined

 5  when appropriate signs giving notice of the speed limit are

 6  erected at the intersection or other place or part of the

 7  highway. The maximum speed limit on all highways or parts of

 8  highways upon which a maximum speed limit is not otherwise fixed

 9  under this act is 55 miles per hour, which shall be known and may

10  be referred to as the "general speed limit".

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

12  the director of the department of state police unanimously

13  determine upon the basis of an engineering and traffic

14  investigation that the speed of vehicular traffic on a county

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

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

17  upon  a  any part of the highway,  the officials  then acting

18  unanimously they may establish a reasonable and safe maximum or

19  minimum speed limit  at that intersection or on that county

20  highway that  shall be  is effective at the times determined when

21  appropriate signs giving notice of the speed limit are erected

22  at the intersection or other place or part of  on the highway. A

23  township board that does not wish to continue as part of the

24  process provided by this subsection shall notify in writing the

25  county road commission. As used in this subsection, "county road

26  commission" means the board of county road commissioners elected

27  or appointed  pursuant to  under section 6 of chapter IV of 1909

 1  PA 283, MCL 224.6, or, in the case of a charter county with a

 2  population of 2,000,000 or more with an elected county executive

 3  that does not have a board of county road commissioners, the

 4  county executive.

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

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

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

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

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

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

11  superintendent of the school district affected in acting jointly

12  in determining and declaring a reasonable and safe maximum or

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

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

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

16  shall be 55 miles per hour.

17        (4) In the case of a county highway of not less than 1 mile

18  with residential lots with road frontage of 300 feet or less

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

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

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

22  commission or in charter counties where there is no road

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

24  township board may petition the county board of commissioners for

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

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

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

 1  petition the county board of commissioners to approve the

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

 3  engineering and traffic investigation.

 4        (5) The speed limit on a county highway or an interconnected

 5  group of county highways of not more than 1 mile in total length

 6  that connect with the county road system by a single entrance and

 7  exit shall be 25 miles per hour unless a different speed limit is

 8  fixed and posted.

 9  (5)  (6) If upon investigation the state transportation

10  commission  department or county road commission and the

11  director of the department of state police find it in the

12  interest of public safety, they may order the township board, or

13  city or village officials to erect and maintain, take down, or

14  regulate the speed control signs, signals, or devices as

15  directed, and in default of an order the state transportation

16  commission  department or county road commission may cause the

17  designated signs, signals, and devices to be erected and

18  maintained, taken down, regulated, or controlled, in the manner

19  previously directed, and pay for the erecting and maintenance,

20  removal, regulation, or control of the sign, signal, or device

21  out of the highway fund designated.

22  (6)  (7) A public record of all speed control signs,

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

24  in the office of the county clerk of the county in which the

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

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

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

 1  prima facie evidence of authorization in the case of signs

 2  erected or placed temporarily for the control of speed or

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

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

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

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

 7  approved by the state transportation  commission  department and

 8  the  director of the department of state police and clearly

 9  indicate a special control, when proved in court that the

10  temporary traffic-control sign was placed by the state

11  transportation  commission  department or on the authority of the

12  state transportation  commission  department and the  director of

13  the department of state police or by the county road commission

14  or on the authority of the county road commission, at a specified

15  location.

16  (7)  (8) A person who fails to observe an authorized speed

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

18  civil infraction.

19  (8)  (9) Except as otherwise provided in this section, the

20  maximum speed limit on all freeways shall be 70 miles per hour

21  except  that the state transportation department may designate

22  not more than 170 miles of freeway in this state on which the

23  speed limit may be less than 70 miles per hour  that if the state

24  transportation department and the department of state police

25  jointly determine upon the basis of an engineering and traffic

26  investigation that the speed of vehicular traffic on a freeway is

27  greater or less than is reasonable or safe under the conditions

 1  found to exist upon a part of the freeway, the departments acting

 2  jointly may determine and declare a reasonable and safe maximum

 3  or minimum speed limit on that freeway that shall be effective

 4  when appropriate signs giving notice of the speed limit are

 5  erected. The minimum speed limit on all freeways  shall be 45  is

 6  55 miles per hour except if reduced speed is necessary for safe

 7  operation or in compliance with law or in compliance with a

 8  special permit issued by an appropriate authority.

 9  (9)  (10) The maximum rates of speed allowed  pursuant to

10  under this section are subject to the maximum rates established

11  under section 629b, section 627(5) to (7) for certain vehicles

12  and vehicle combinations, and section 629(4).

13        (11) A citation or civil infraction determination for

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

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

16  person in establishing automobile insurance eligibility or

17  automobile insurance rates.

18        (10) Except for the general speed limit described in

19  subsection (1), speed limits established pursuant to this section

20  shall be known as absolute speed limits.

21        Sec. 629. (1) Local authorities may establish or increase

22  the prima facie speed limits on highways under their jurisdiction

23  subject to the following limitations:

24        (a) A highway within a business  or residential district on

25  which the prima facie speed limit is increased shall be

26  designated a through highway at the entrance to which vehicles

27  shall be required to stop before entering, except that where 2 of

 1  these through highways intersect, local authorities may require

 2  traffic on only 1 highway to stop before entering the

 3  intersection.

 4        (b) The local authorities shall place and maintain, upon all

 5  through highways in which the permissible speed is increased,

 6  adequate signs giving notice of the special regulations and shall

 7  also place and maintain upon each highway intersecting a through

 8  highway, appropriate signs which shall be reflectorized or

 9  illuminated at night.

10        (c) Local authorities may establish prima facie lawful speed

11  limits on highways outside of business  or residential districts

12  which shall not be less than 25 miles per hour, except as

13  provided in subsection (4).

14        (d) Before a local authority increases or decreases the

15  prima facie speed limit on a state trunk line highway within a

16  school zone, the local authority shall confer with the state

17  transportation department, the department of state police, and

18  the school board of the affected school district.  that are

19  consistent with the limits established in section 627(2).

20        (2) The state transportation  commission may  department

21  shall establish the speed  which shall be prima facie lawful

22  upon all trunk line highways  outside of business districts and

23  located within cities and villages  and outside of school zones,

24  as follows:

25        (a) A written copy of the authorization or determination

26  shall be filed in the office of the county clerk of the county or

27  counties where the highway is located and a certified copy of the

    House Bill No. 5240 as amended February 28, 2006

 1  authorization or determination shall be prima facie evidence in

 2  all courts of the issuance of the authorization or determination.

 3        (b) When the state transportation  commission  department

 4  increases the speed upon a trunk line highway as provided in this

 5  act, subject to section 627a, the state transportation department

 6  shall place and maintain upon these highways adequate signs

 7  giving notice of the permissible speed fixed by the state

 8  transportation commission.

 9        (3) Local authorities are authorized to decrease the prima

10  facie speed limits to not less than <<15>> miles per hour in public

11  parks under their jurisdiction. A decrease in the prima facie

12  speed limits  shall be  is binding when adequate signs are duly

13  posted giving notice of the reduced speeds.

14        (4) Local authorities are authorized to decrease the prima

15  facie speed limits to not less than  15  25 miles an hour on each

16  street or highway under their jurisdiction  which  that is

17  adjacent to a publicly owned park or playground. A decrease in

18  the prima facie speed limits  shall be  is binding when adequate

19  signs are duly posted giving notice of the reduced speeds. As

20  used in this subsection, "local authority" includes the county

21  road commission with the concurrence of the township board of a

22  township for a street or highway within the boundaries of the

23  township.

24        (5) The maximum rates of speed allowed  pursuant to  under

25  this section are subject to the maximum rate established

26  pursuant to  under section 629b.

27        (6) A person who exceeds a lawful speed limit established

 1  pursuant to  under this section is responsible for a civil

 2  infraction.

 3        (7) As used in this section, "local authority" means the

 4  governing body of a city or village, except as provided in

 5  subsection (4).

 6        Sec. 629c. (1) Notwithstanding sections 320a and 907, a

 7  person who is determined responsible or responsible "with

 8  explanation" for a civil infraction for violating the maximum

 9  speed limit on a limited access freeway or part of a limited

10  access freeway upon which the maximum speed limit is 55 miles per

11  hour or more shall be ordered by the court to pay a minimum fine

12  and shall have points entered on his or her driving record by the

13  secretary of state only according to the following schedule,

14  except as otherwise provided in subsections (2) and (3):

15 Number of miles per hour        

16 that the vehicle exceeded the   

17 applicable speed limit at the    Minimum

18 time of the violation            Points         Fine

19 1 to 5                           0              $10.00

20 6 to 10                          1              $20.00

21 11 to 15                         2              $30.00

22 16 to 25                         3              $40.00

23 26 or over                       4              $50.00

 1        (2) Subsection (1) does not apply to a person operating a

 2  vehicle or vehicle combination for which the maximum rate of

 3  speed is established pursuant to section 627(5) to (7).

 4        (3) For a violation of a maximum speed limit on a limited

 5  access freeway by a person operating a vehicle or vehicle

 6  combination described in subsection (2), points shall be assessed

 7  under section 320a and fines shall be assessed under section 907.

 8        Enacting section 1. Sections 51 and 627b of the Michigan

 9  vehicle code, 1949 PA 300, MCL 257.51 and 257.627b, are repealed.

10        Enacting section 2. This amendatory act takes effect

11  November 9, 2006.

12        Enacting section 3. This amendatory act does not take effect

13  unless House Bill No. 5241 of the 93rd Legislature is enacted

14  into law.