Bill Text: MI SB0883 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Traffic control: speed restrictions; procedure to change a speed limit restriction on certain county roads; modify. Amends secs. 627 & 628 of 1949 PA 300 (MCL 257.627 & 257.628).
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-02-17 - Referred To Committee On Transportation And Infrastructure [SB0883 Detail]
Download: Michigan-2021-SB0883-Introduced.html
SENATE BILL NO. 883
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 627 and 628 (MCL 257.627 and 257.628), section 627 as amended by 2019 PA 31 and section 628 as amended by 2016 PA 447.
the people of the state of michigan enact:
Sec. 627. (1) A person An individual 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 existing at the time. A person An individual 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. A violation of this subsection shall be known and may be referred to as a violation of the basic speed law or "VBSL".
(2) Except as provided in subsection (1), it is lawful for the operator of a vehicle to operate that vehicle on a highway at a speed not exceeding the following:
(a) 15 miles per hour on a highway segment within the boundaries of a mobile home park, as that term is defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302.
(b) 25 miles per hour on a highway segment within a business district.
(c) 25 miles per hour on a highway segment within the boundaries of a public park. A local authority may decrease the speed limit to not less than 15 miles per hour in a public park under its jurisdiction.
(d) 25 miles per hour on a highway segment within the boundaries of a residential subdivision, including a condominium subdivision, consisting of a system of interconnected highways with no through highways and a limited number of dedicated highways that serve as entrances to and exits from the subdivision.
(e) Until January 1, 2024, 25 miles per hour on a highway segment that is part of the local street system as designated by a local jurisdiction and approved by the state transportation commission under 1951 PA 51, MCL 247.651 to 247.675, and that is within land that is zoned for residential use by the governing body of an incorporated city or village under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, unless another speed is fixed and posted. The department of state police shall perform a speed study on a random sample of local streets set under this subdivision. No later than January 1, 2023, the department of state police shall submit a report on the speed study required under this subdivision to the senate majority leader, the speaker of the house of representatives, and the governor.
(f) 25 miles per hour on a highway segment with 60 or more vehicular access points within 1/2 mile.
(g) 30 miles per hour on a highway segment with not less than 50 vehicular access points but no more than 59 vehicular access points within 1/2 mile.
(h) 35 miles per hour on a highway segment with not less than 45 vehicular access points but no more than 49 vehicular access points within 1/2 mile.
(i) 40 miles per hour on a highway segment with not less than 40 vehicular access points but no more than 44 vehicular access points within 1/2 mile.
(j) 45 miles per hour on a highway segment with not less than 30 vehicular access points but no more than 39 vehicular access points within 1/2 mile.
(3) A person An individual 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 35 miles per hour during the period when reduced loadings are being enforced in accordance with this chapter.
(4) Where the posted speed limit is greater than 65 miles per hour, a person an individual operating a school bus, a truck with a gross weight of 10,000 pounds or more, a truck-tractor, or a truck-tractor with a semi-trailer or trailer or a combination of these vehicles shall not exceed a speed of 65 miles per hour on a limited access freeway or a state trunk line highway.
(5) All of the following apply to the speed limits described in subsection (2):
(a) A highway segment adjacent to or lying between 2 or more areas described in subsection (2)(a), (b), (c), or (d) shall is not be considered to be within the boundaries of those areas.
(b) A highway segment of more than 1/2 mile in length with a consistent density of vehicular access points equal to the number of vehicular access points described in subsection (2)(f), (g), (h), (i), or (j) shall must be posted at the speed limit specified in the adjoining segment. A separate determination shall must be made for each adjoining highway segment where vehicular access point density is different.
(c) A speed limit may be posted on highways less than 1/2 mile in length by prorating in 1/10 mile segments the vehicular access point density described in subsection (2)(f), (g), (h), (i), or (j).
(6) A person An individual 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 on uniform traffic control devices. A person An individual shall not exceed a speed limit established under this section or a speed limit established under section 628.
(7) The state transportation department, a county road commission, or a local authority shall decrease the speed limit in a hospital highway zone by up to 10 miles per hour upon request of a hospital located within that hospital highway zone. The state transportation department, county road commission, or local authority may decrease the speed limit in a hospital highway zone by more than 10 miles per hour if the decrease is supported by an engineering and safety study. The state transportation department, county road commission, or local authority shall post speed limit signs in a hospital highway zone that indicate the speed limit in that hospital highway zone and shall identify that hospital highway zone with any other traffic control devices necessary to conform to the Michigan manual of on uniform traffic control devices. If a change in a sign, signal, or device, is necessitated by a speed limit decrease described in this subsection, the hospital requesting the decrease shall pay the cost of doing so. As used in this subsection, "hospital highway zone" means a portion of state trunk line highway maintained by the state transportation department that has a posted speed limit of at least 50 miles per hour and has 2 or fewer lanes for travel in the same direction, traverses along property owned by a hospital, contains an ingress and egress point from hospital property, and extends not more than 1,000 feet beyond the boundary lines of hospital property in both directions in a municipality.
(8) Subject to subsection (17), the maximum speed limit on all limited access freeways upon which a speed limit is not otherwise fixed under this act is 70 miles per hour, which shall be known as the "limited access freeway general speed limit". The minimum speed limit on all limited access freeways upon which a minimum speed limit is not otherwise fixed under this act is 55 miles per hour.
(9) Subject to subsection (17), the speed limit on all trunk line highways and all county highways upon which a speed limit is not otherwise fixed under this act is 55 miles per hour, which shall be known as the "general speed limit".
(10) Except as otherwise provided in this subsection and section 628, the speed limit on all county highways with a gravel or unimproved surface upon which a speed limit is not otherwise fixed under this act is 55 miles per hour, which shall be known as the "general gravel road speed limit". Upon request of a municipality located within a county with a population of 1,000,000 or more, the county road commission, in conjunction with the requesting municipality, may lower the speed limit to 45 miles per hour on the requested road segment and if a sign, signal, or device is erected or maintained, taken down, or regulated as a result of a request by a municipality for a speed limit of 45 miles per hour, the municipality shall pay the costs of doing so. If a municipality located within a county with a population of 1,000,000 or more requests a speed different than the speed described in this subsection, the county road commission, in conjunction with the department of state police and the requesting municipality, may conduct a speed study of free-flow traffic on the fastest portion of the road segment in question for the purpose of establishing a modified speed limit. A speed study conducted under this subsection shall must be completed between 3 and 14 days after a full gravel road maintenance protocol has been performed on the road segment. A full gravel road maintenance protocol described in this subsection shall must include road grading and the application of a dust abatement chemical treatment. Following a speed study conducted under this subsection, the speed limit for the road segment shall must be established at the nearest multiple of 5 miles per hour to the eighty-fifth percentile of speed of free-flow traffic under ideal conditions for vehicular traffic, and shall must not be set below the fiftieth percentile speed of free-flow traffic under ideal conditions for vehicular traffic. A speed study conducted under this subsection shall be is the responsibility of the department of state police, and if a sign, signal, or device is erected or maintained, taken down, or regulated as a result of a request by a municipality under this subsection, the municipality shall pay the costs of doing so.
(11) A public record of all traffic control orders establishing statutory speed limits authorized under this section shall must be filed with the office of the clerk of the county in which the county highway is located or at the office of the city or village clerk or administrative office of the airport, college, or university in which the local highway is located, and a certified copy of the traffic control order shall be is evidence in every court of this state of the authority for the issuance of that traffic control order. The public record filed with the county, city, or village clerk or administrative office of the airport, college, or university shall must not be required as evidence of authority for issuing a traffic control order in the case of signs temporarily erected or placed at points where construction, maintenance, or surveying activities is in progress. A traffic and engineering investigation is not required for a traffic control order for a speed limit established under subsection (2). A traffic control order shall, must, at a minimum, contain all of the following information:
(a) The name of the road.
(b) The boundaries of the segment of the road on which the speed limit is in effect.
(c) The basis upon which the speed limit is in effect.
(d) The section of law, including a reference to the subsection, under which the speed limit is established.
(12) Except for speed limits described in subsections (1), (2)(d), (2)(e), and (9), 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 is the basic speed law described in subsection (1). Speed limits established under subsection (2)(b), (f), (g), (h), (i), and (j) are not valid unless a traffic control order is filed as described in subsection (11).
(13) Nothing in this section prevents the establishment of a modified speed limit after a speed study as described in section 628. A modified speed limit established under section 628 supersedes a speed limit established under this section.
(14) All signs erected or placed under this section shall must conform to the Michigan manual on uniform traffic control devices.
(15) If upon investigation the state transportation department or county road commission and the department of state police determine that it is in the interest of public safety, they may order city, village, airport, college, university, and township officials to erect and maintain, take down, or regulate speed limit signs, signals, and devices as directed. In default of an order, the state transportation department or county road commission may cause designated signs, signals, and devices to be erected and maintained, removed, or regulated in the manner previously directed and pay the costs for doing so out of the designated highway fund. An investigation, including a speed study, conducted under this subsection shall be is the responsibility of the department of state police.
(16) A person An individual who violates a speed limit established under this section is responsible for a civil infraction.
(17) No later than January 5, 2018, the state transportation department and the department of state police shall increase the speed limits on at least 600 miles of limited access freeway to 75 miles per hour if an engineering and safety study and the eighty-fifth percentile speed of free-flowing traffic under ideal conditions of that section contain findings that the speed limit may be raised to that speed, and the department shall increase the speed limit of 900 miles of trunk line highway to 65 miles per hour if an engineering and safety study and the eighty-fifth percentile speed of free-flowing traffic under ideal conditions of that section contain findings that the speed limit may be raised to that speed.
(18) As used in this section:
(a) "Traffic control order" means a document filed with the proper authority that establishes the legal and enforceable speed limit for the highway segment described in the document.
(b) "Vehicular access point" means a driveway or intersecting roadway.
Sec. 628. (1) If the county road commission, the township board, and the department of state police unanimously determine upon the basis of an engineering and traffic investigation that the speed of vehicular traffic on a county highway is greater or less than is reasonable or safe under the conditions found to exist upon any part of the highway, then acting unanimously they may establish a reasonable and safe maximum or minimum speed limit on that county highway that is effective at the times determined when appropriate signs giving notice of the speed limit are erected on the highway. A township board may petition the county road commission or the department of state police for a proposed change in the speed limit. A township board that does not wish to continue as part of the process provided by this subsection shall notify in writing the county road commission. A public record of a traffic control order establishing a modified speed limit authorized under this subsection shall must be filed at the office of the county clerk of the county in which the limited access freeway or state trunk line highway is located, and a certified copy of a traffic control order shall be is evidence in every court of this state of the authority for the issuance of that traffic control order. As used in this subsection, "county road commission" means the board of county road commissioners elected or appointed under section 6 of chapter IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county with a population of 2,000,000 or more with an elected county executive that does not have a board of county road commissioners, the county executive.This subsection does not apply to county highways with a gravel or unimproved surface under subsection (3).
(2) In the case of a county highway, a township board may petition the county road commission, or in counties where there is no road commission but there is a county board of commissioners, the township board may petition the county board of commissioners for any of the following:
(a) A proposed change in the speed limit without the necessity of a speed study consistent with the methods prescribed for establishing speed limits under section 627.
(b) A proposed change in the speed limit consistent with the provisions for establishing speed limits under this section.
(c) The posting of an advisory sign or device for the purpose of drawing the attention of vehicle operators to an unexpected condition on or near the roadway that is not readily apparent to road users.
(3) The following entities may establish a reasonable and safe maximum or minimum speed limit on a county highway with a gravel or unimproved surface as follows:
(a) The county road commission, the township board of the township in which the highway is located, and the department of state police, by a majority vote that includes the township board.
(b) If the township board provides notice in writing to the county road commission and the department of state police that the township board does not want to participate in the process under subdivision (a), the affirmative vote of both the county road commission and the department of state police.
(4) A speed limit established under subsection (3) becomes effective when appropriate signs, signals, or devices giving notice of the speed limit are erected upon the highway. If a sign, signal, or device is erected or maintained, taken down, or regulated as a result of a speed limit being established under subsection (3), the township in which the highway is located shall pay the costs of doing so.
(5) (3) The state transportation department and the department of state police shall jointly determine any modified maximum or minimum speed limits on limited access freeways or trunk line highways consistent with the requirements of this section. A public record of a traffic control order establishing a modified speed limit authorized under this subsection shall must be filed at the office of the county clerk of the county in which the limited access freeway or trunk line highway is located, and a certified copy of a traffic control order shall be is evidence in every court of this state of the authority for the issuance of that traffic control order.
(6) (4) A local road authority shall determine any modified speed limits on local highways consistent with the requirements of this section. A public record of a traffic control order establishing a modified speed limit authorized under this subsection shall must be filed at the office of the city or village or administrative office of the airport, college, or university in which the local highway is located, and a certified copy of the traffic control order shall be is evidence in every court of this state of the authority for the issuance of that traffic control order.
(7) (5) A speed limit established under this section shall must be determined by an engineering and safety study and by the eighty-fifth percentile speed of free-flowing traffic under ideal conditions of a section of highway rounded to the nearest multiple of 5 miles per hour. A speed limit established under this act shall must not be posted at less than the fiftieth percentile speed of free-flowing traffic under optimal conditions on the fastest portion of the highway segment for which the speed limit is being posted.
(8) (6) If a highway segment includes 1 or more features with a design speed that is lower than the speed limit determined under subsection (5), (7), the road authority may post advisory signs.
(9) (7) If upon investigation the state transportation department or county road commission and the department of state police find it in the interest of public safety, they may order township, city, or village officials to erect and maintain, take down, or regulate the speed limit signs, signals, or devices as directed, and in default of an order the state transportation department or county road commission may cause the designated signs, signals, and devices to be erected and maintained, taken down, regulated, or controlled, in the manner previously directed, and pay for the erecting and maintenance, removal, regulation, or control of the sign, signal, or device out of the highway fund designated.
(10) (8) Signs posted under this section shall must conform to the Michigan manual on uniform traffic control devices.
(11) (9) A person An individual who violates a speed limit established under this section is responsible for a civil infraction.
(12) (10) As used in this section:
(a) "County road commission" means any of the following:
(i) The board of county road commissioners elected or appointed under section 6 of chapter IV of 1909 PA 283, MCL 224.6.
(ii) In the case of the dissolution of the county road commission under section 6 of chapter IV of 1909 PA 283, MCL 224.6, the county board of commissioners.
(iii) In the case of a charter county with a population of 1,500,000 or more with an elected county executive that does not have a board of county road commissioners, the county executive.
(iv) In the case of a charter county with a population of more than 750,000 but less than 1,000,000 with an elected county executive that does not have a board of county road commissioners, the department of roads.
(b) "Design speed" means that term as used and determined under "A Policy on Geometric Design of Highways and Streets", sixth seventh ed., 2011, or a subsequent edition, 2018, issued by the American Association of State Highway and Transportation Officials.
(c) "Local road authority" means the governing body of a city, village, airport, college, or university.
(d) "Traffic control order" means a document filed with the proper authority that establishes the legal and enforceable speed limit for the highway segment described in the document.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
