HOUSE BILL No. 5990 May 2, 2002, Introduced by Reps. Jamnick, Patterson, Gilbert, Adamini, Bovin, Hart, George, DeRossett and Julian and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 628. (1)IfEXCEPT AS PROVIDED IN SUBSECTION (2), IF 2 the state transportation commission or county road commission, 3 with respect to highways under its jurisdiction, and the director 4 of the department of state police jointly determine upon the 5 basis of an engineering and traffic investigation that the speed 6 of vehicular traffic on a state trunk line or county highway is 7 greater or less than is reasonable or safe under the conditions 8 found to exist at an intersection or other place or upon a part 9 of the highway, the officials acting jointly may determine and 10 declare a reasonable and safe maximum or minimum speed limit on 07321'02 JJG 2 1 that state trunk line, county highway, or intersection that shall 2 be effective at the times determined when appropriate signs 3 giving notice of the speed limit are erected at the intersection 4 or other place or part of the highway. 5 (2) SUBJECT TO SUBSECTION (3), AN ELIGIBLE TOWNSHIP BOARD 6 THAT DESIRES TO BE A PART OF THE PROCESS PROVIDED BY THIS SUBSEC- 7 TION WITH RESPECT TO COUNTY HIGHWAYS WITHIN THAT TOWNSHIP SHALL 8 NOTIFY IN WRITING THE COUNTY ROAD COMMISSION FOR THAT COUNTY OR 9 THE COUNTY BOARD OF COMMISSIONERS IF THERE IS NOT A COUNTY ROAD 10 COMMISSION. IF THE COUNTY ROAD COMMISSION, THE TOWNSHIP BOARD, 11 AND THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE DETERMINE UPON 12 THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION THAT THE 13 SPEED OF VEHICULAR TRAFFIC ON A COUNTY HIGHWAY IS GREATER OR LESS 14 THAN IS REASONABLE OR SAFE UNDER THE CONDITIONS FOUND TO EXIST AT 15 AN INTERSECTION OR OTHER PLACE OR UPON A PART OF THE HIGHWAY, THE 16 OFFICIALS ACTING BY A MAJORITY VOTE MAY ESTABLISH A REASONABLE 17 AND SAFE MAXIMUM OR MINIMUM SPEED LIMIT AT THAT INTERSECTION OR 18 ON THAT COUNTY HIGHWAY THAT SHALL BE EFFECTIVE AT THE TIMES 19 DETERMINED WHEN APPROPRIATE SIGNS GIVING NOTICE OF THE SPEED 20 LIMIT ARE ERECTED AT THE INTERSECTION OR OTHER PLACE OR PART OF 21 THE HIGHWAY. A TOWNSHIP BOARD THAT DOES NOT WISH TO CONTINUE AS 22 PART OF THE PROCESS PROVIDED BY THIS SUBSECTION SHALL NOTIFY IN 23 WRITING THE COUNTY ROAD COMMISSION OR THE COUNTY BOARD OF COMMIS- 24 SIONERS IF THERE IS NOT A COUNTY ROAD COMMISSION. AS USED IN 25 THIS SUBSECTION, "ELIGIBLE TOWNSHIP" MEANS A TOWNSHIP IN KENT, 26 LAPEER, LEELANAU, MARQUETTE, WASHTENAW, OR WAYNE COUNTY. THIS 07321'02 3 1 SUBSECTION DOES NOT APPLY BEGINNING 2 YEARS AFTER THE EFFECTIVE 2 DATE OF THE 2002 AMENDATORY ACT THAT ADDED THIS SENTENCE. 3 (3) If a superintendent of a school district determines that 4 the speed of vehicular traffic on a state trunk line or county 5 highway, which is within 1,000 feet of a school in the school 6 district of which that person is the superintendent, is greater 7 or less than is reasonable or safe, the officials IDENTIFIED IN 8 SUBSECTION (1) shall include the superintendent of the school 9 district affected in acting jointly in determining and declaring 10 a reasonable and safe maximum or minimum speed limit on that 11 state trunk line or county highway. The maximum speed limit on 12 all highways or parts of highways upon which a maximum speed 13 limit is not otherwise fixed under this act shall be 55 miles per 14 hour. 15 (4)(2)In the case of a county highway of not less than 1 16 mile with residential lots with road frontage of 300 feet or less 17 along either side of the highway for the length of that part of 18 the highway that is under review for a proposed change in the 19 speed limit, the township board may petition the county road com- 20 mission or in charter counties where there is no road commission, 21 but there is a county board of commissioners, the township board 22 may petition the county board of commissioners for a proposed 23 change in the speed limit. The county road commission or in 24 charter counties where there is no road commission, but there is 25 a county board of commissioners, the township board may petition 26 the county board of commissioners to approve the proposed change 07321'02 4 1 in the speed limit without the necessity of an engineering and 2 traffic investigation. 3 (5)(3)The speed limit on a county highway or an inter- 4 connected group of county highways of not more than 1 mile in 5 total length that connect with the county road system by a single 6 entrance and exit shall be 25 miles per hour unless a different 7 speed limit is fixed and posted. 8 (6)(4)If upon investigation the state transportation 9 commission or county road commission and the director of the 10 department of state police find it in the interest of public 11 safety, they may order the township board, or city or village 12 officials to erect and maintain, take down, or regulate the speed 13 control signs, signals, or devices as directed, and in default of 14 an order the state transportation commission or county road com- 15 mission may cause the designated signs, signals, and devices to 16 be erected and maintained, taken down, regulated, or controlled, 17 in the manner previously directed, and pay for the erecting and 18 maintenance, removal, regulation, or control of the sign, signal, 19 or device out of the highway fund designated. 20 (7)(5)A public record of all speed control signs, sig- 21 nals, or devices authorized under this section shall be filed in 22 the office of the county clerk of the county in which the highway 23 is located, and a certified copy shall be prima facie evidence in 24 all courts of the issuance of the authorization. The public 25 record with the county clerk shall not be required as prima facie 26 evidence of authorization in the case of signs erected or placed 27 temporarily for the control of speed or direction of traffic at 07321'02 5 1 points where construction, repairs, or maintenance of highways is 2 in progress, or along a temporary alternate route established to 3 avoid the construction, repair, or maintenance of a highway, if 4 the signs are of uniform design approved by the state transporta- 5 tion commission and the director of the department of state 6 police and clearly indicate a special control, when proved in 7 court that the temporary traffic-control sign was placed by the 8 state transportation commission or on the authority of the state 9 transportation commission and the director of the department of 10 state police or by the county road commission or on the authority 11 of the county road commission, at a specified location. 12 (8)(6)A person who fails to observe an authorized speed 13 or traffic control sign, signal, or device is responsible for a 14 civil infraction. 15 (9)(7)Except as otherwise provided in this section, the 16 maximum speed limit on all freeways shall be6570 miles per 17 hour except that the state transportation department may desig- 18 nate not more than 170 miles of freeway in this state on which 19 the speed limit may be less than6570 miles per hour.The20director of the state transportation department, in consultation21with the department of state police, beginning July 31, 1996,22shall establish five areas of freeway miles as test zones on23which the speed limit may be increased to 70 miles per hour in24order to conduct a study to determine whether any of those miles25of freeway on which the speed limit is 65 miles per hour on26June 25, 1996 may be increased to 70 miles per hour. Tests shall27be conducted from August 1, 1996 through October 31, 1996. The07321'02 6 1study shall be completed by December 15, 1996 and shall be based2on traffic congestion and other traffic safety issues as deter-3mined by the director of the department of state police or his or4her designee and on engineering criteria as determined by the5director of the state transportation department or his or her6designee. If the study indicates that certain miles of freeway7are eligible for increase, the speed limit on those miles of8freeway may be increased to 70 miles per hour.The minimum speed 9 limit on all freeways shall be 45 miles per hour except if 10 reduced speed is necessary for safe operation or in compliance 11 with law or in compliance with a special permit issued by an 12 appropriate authority. 13 (10)(8)The maximum rates of speed allowed pursuant to 14 this section are subject to the maximum rates established under 15 section 629b, section 627(5) to (7) for certain vehicles and 16 vehicle combinations, and section 629(4). 17 (11)(9)A citation or civil infraction determination for 18 exceeding a lawful maximum speed limit of 55 miles per hour by 19 driving 65 miles per hour or less shall not be considered by any 20 person in establishing automobile insurance eligibility or auto- 21 mobile insurance rates. 07321'02 Final page. JJG