Bill Text: MI SB0043 | 2023-2024 | 102nd Legislature | Chaptered

Michigan Senate Bill 43

Bill Title: Highways: construction and repair; use of certain traffic control devices when closing a freeway or portion of freeway; require under certain conditions. Amends sec. 1 of 1917 PA 165 (MCL 247.291) & adds secs. 1a & 1b.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2023-10-24 - Assigned Pa 0164'23 With Immediate Effect [SB0043 Detail]

Download: Michigan-2023-SB0043-Chaptered.html

Act No. 164

Public Acts of 2023

Approved by the Governor

October 19, 2023

Filed with the Secretary of State

October 19, 2023

EFFECTIVE DATE: October 19, 2023

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Senators Cherry, Geiss, Bellino, Chang, Damoose, Wojno, Klinefelt, Santana and Bayer

ENROLLED SENATE BILL No. 43

AN ACT to amend 1917 PA 165, entitled "An act to authorize highway officials to close roads under construction, improvement or repair, or any portion of a highway whereon a bridge is being constructed or repaired; to require such officials to place in good repair and to mark by proper signs suitable detours around roads, or portions of roads, which are closed hereunder; to provide suitable barriers, and lights shall be maintained at the end of such roads or portions of roads which are thus closed and at the intersections thereof with other roads; to require the removal of signs and barriers located and placed hereunder; and to provide a penalty for a violation of the provisions hereof," by amending section 1 (MCL 247.291) and by adding sections 1a and 1b.

The People of the State of Michigan enact:

Sec. 1. Subject to section 1a, the officials in charge of constructing, improving, or repairing highways may close any highway or portion of highway that is under process of construction, improvement, or repair or upon which is located any bridge that is being constructed or repaired. A highway or portion of highway must not be closed under this act until after suitable barriers have been erected at the ends of the closed highway or portion of highway, and also at the point of intersection of the closed highway or portion of highway with other highways.

Sec. 1a. (1) Except as otherwise provided in subsections (2) and (3), if the state transportation department closes any freeway or portion of freeway under its jurisdiction for construction, improvement, or repair of that freeway, a portion of freeway, or a bridge located upon that freeway or portion of freeway, both of the following apply:

(a) If the freeway is closed completely to traffic, it must be closed using concrete barriers or equivalent crashworthy temporary traffic barriers. Ramp access to the freeway may be closed with barricades, concrete barriers, or other equivalent crashworthy temporary traffic barriers to maintain access for construction traffic and emergency services.

(b) If the freeway is not closed completely to traffic and a portion of the freeway is closed at any time between a half hour after sunset to a half hour before sunrise for work scheduled to be done at that time in a contract between a contractor and the state transportation department, concrete barriers or equivalent crashworthy temporary traffic barriers must separate any road workers who are performing work from traffic.

(2) This section does not apply if the freeway or portion of freeway described in subsection (1) is closed for not more than 3 days for an emergency repair, utility crossing, maintenance, or other short-duration operation.

(3) The state transportation department may exercise its engineering judgment in designing and placing concrete barriers or equivalent crashworthy temporary traffic barriers and associated traffic control devices for each closure of a freeway or portion of freeway to account for site-specific conditions, including, but not limited to, roadway grade, equipment malfunctions, emergency service, law enforcement needs, crash history, or work duration. If the engineering judgment determines that the use of concrete barriers would cause additional risks for road users, additional safety measures to protect road workers must be included in the contract between the contractor and the state transportation department.

Sec. 1b. As used in this act:

(a) "Crashworthy" means that term as defined in the Michigan manual on uniform traffic control devices.

(b) "Freeway" means that term as defined in section 18a of the Michigan vehicle code, 1949 PA 300, MCL 257.18a.

(d) "Michigan manual on uniform traffic control devices" means the manual on uniform traffic control devices adopted under section 608 of the Michigan vehicle code, 1949 PA 300, MCL 257.608.

(e) "Suitable barrier" means a barrier that conforms to the Michigan manual on uniform traffic control devices.

A close-up of a signature

Description automatically generated This act is ordered to take immediate effect.