Bill Text: MI HB4048 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; speed restrictions; speed limits on certain gravel and dirt roads; reestablish. Amends sec. 627 of 1949 PA 300 (MCL 257.627).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4048 Detail]
Download: Michigan-2013-HB4048-Introduced.html
HOUSE BILL No. 4048
January 22, 2013, Introduced by Rep. Kowall and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 627 (MCL 257.627), as amended by 2012 PA 252.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 627. (1) A person operating a vehicle on a highway shall
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 operate a vehicle upon
a highway at a speed greater than that which will permit a stop
within the assured, clear distance ahead.
(2) Except in those instances where a lower speed is specified
in this chapter or the speed is unsafe under subsection (1), it is
prima facie lawful for the operator of a vehicle to operate that
vehicle at a speed not exceeding the following, except when this
speed would be unsafe:
(a) 25 miles per hour on all highways in a business district.
(b) 25 miles per hour in public parks unless a different speed
is fixed and duly posted.
(c) 25 miles per hour on all highways or parts of highways
within the boundaries of land platted under the land division act,
1967 PA 288, MCL 560.101 to 560.293, or the condominium act, 1978
PA 59, MCL 559.101 to 559.276, unless a different speed is fixed
and posted.
(d) 25 miles per hour on a highway segment with 60 or more
vehicular access points within 1/2 mile.
(e) 35 miles per hour on a highway segment with not less than
45 vehicular access points but no more than 59 vehicular access
points within 1/2 mile.
(f) 45 miles per hour on a highway segment with not less than
30 vehicular access points but no more than 44 vehicular access
points within 1/2 mile.
(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) 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 operate that vehicle at a careful and prudent
speed, not greater than a speed 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
that permits a stop within the assured clear distance ahead. It is
prima facie unlawful for the operator of a vehicle to 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 operating a passenger vehicle drawing another
vehicle or trailer shall not exceed the posted speed limit.
(6) Except as otherwise provided in this subsection, a person
operating a truck with a gross weight of 10,000 pounds or more, a
truck-tractor, a truck-tractor with a semi-trailer or 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
person operating a school bus, a truck, a truck-tractor, or a
truck-tractor with a semi-trailer or trailer 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. A person operating a modified agriculture vehicle shall not
exceed a speed of 45 miles per hour.
(7) Except as otherwise provided in subsection (6), a person
operating a school bus shall not exceed the speed of 55 miles per
hour.
(8) The maximum rates of speeds allowed under this section are
subject to the maximum rate established under section 629b.
(9) A person operating a vehicle on a highway, when entering
and passing through a work zone 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, based
on accepted engineering practice. The state transportation
department, a county road commission, or a local authority shall
post speed limit signs in each work zone 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) Subject to subsections (1) and (2)(c), speed limits
established under this section are not valid unless properly
posted. In the absence of a properly posted sign, the speed limit
in effect shall be the general speed limit under section 628(1).
(11) Beginning on the effective date of the amendatory act
that added this subsection and notwithstanding anything else to the
contrary in this section, a speed limit that was posted as of
November 9, 2006 in a residence district on a dirt or gravel road
located in a city, village, or township is effective unless the
city or village council or township board requests the county road
commission to change the speed limit within that posted area and
the speed limit is reestablished as provided in this act. As used
in this subsection, "residence district" means that term as defined
in former section 51.
(12) (11)
Nothing in this section prevents
the establishment
of an absolute speed limit under section 628. Subject to subsection
(1), an absolute speed limit established under section 628
supersedes a prima facie speed limit established under this
section.
(13) (12)
Nothing in this section shall be
construed as
justification to deny a traffic and engineering investigation.
(14) (13)
As used in this section,
"vehicular access point"
means a driveway or intersecting roadway.
(15) (14)
A person who violates this section
is responsible
for a civil infraction.
