Bill Text: MI HB5600 | 2009-2010 | 95th 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 3-0)

Status: (Introduced - Dead) 2009-11-18 - Printed Bill Filed 11/13/2009 [HB5600 Detail]

Download: Michigan-2009-HB5600-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5600

 

November 12, 2009, Introduced by Reps. McMillin, Daley and Lund and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 627 (MCL 257.627), as amended by 2006 PA 85.

 

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 pursuant to 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.

 

as that term is defined in section 5.

 

     (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.

 

     (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 pursuant to 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 pursuant to

 

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 in a county

 

having a population of more than 900,000 individuals but fewer than

 

1,500,000 individuals unless the speed limit is reestablished as

 

provided in this act. The city, village, or township shall pay for

 

all signs necessary to provide notice of the reestablished speed

 

limit. As used in this subsection, "residence district" means the

 

territory contiguous to a highway not comprising a business

 

district where the frontage on such highway for a distance of 300

 

feet or more is mainly occupied by dwellings or by dwellings and

 

buildings in use for business. This subsection does not apply upon

 

completion of a traffic and engineering study of all of the dirt or

 

gravel roads addressed under this subsection. The department of

 

state police shall notify the legal division of the legislative

 

service bureau when all of the traffic and engineering studies are

 

completed under this subsection.

 

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

 

of an absolute speed limit pursuant to under section 628. Subject

 

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

 

under section 628 supersedes a prima facie speed limit established

 

pursuant to 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.