HB-4423, As Passed House, June 1, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4423

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 627 (MCL 257.627), as amended by 2012 PA 252;

and to repeal acts and parts of acts.

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 at the time. 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. 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 in those instances where a lower speed is specified

in this chapter or the speed is unsafe under Except as provided in

subsection (1), it is prima facie lawful for the operator of a

vehicle to operate that vehicle on a highway at a speed not

exceeding the following: , except when this speed would be unsafe:

     (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) (a) 25 miles per hour on all highways in a highway segment

within a business district.

(c) (b) 25 miles per hour in on a highway segment within the

boundaries of a public parks unless a different speed is fixed and

duly posted.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) (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.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) (d) 25 miles per hour on a highway segment with 60 or more

vehicular access points within 1/2 mile.

     (f) 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.

(g) (e) 35 miles per hour on a highway segment with not less

than 45 vehicular access points but no more than 59 49 vehicular

access points within 1/2 mile.

     (h) 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.

(i) (f) 45 miles per hour on a highway segment with not less

than 30 vehicular access points but no more than 44 39 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.

(3) (6) Except as otherwise provided in this subsection, a 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

     (4) A person operating a school bus, 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 described in this subsection

or a combination of these vehicles shall not exceed a speed of 60

that is 10 miles per hour less than the posted speed limit on a

limited access 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.

     (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 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)(e), (f),

(g), (h), or (i) shall be posted at the speed limit specified in

the adjoining segment. A separate determination shall 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)(e), (f), (g), (h), or

(i).

(6) (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

House Bill No. 4423 as amended June 1, 2016

section 628. or 629.

[(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 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 [(18)], the speed limit on all rural

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 "rural freeway general speed limit". The minimum speed limit on

all rural limited access freeways upon which a minimum speed limit

is not otherwise fixed under this act is 55 miles per hour. No

later than 1 year after the effective date of the amendatory act

that added this subsection, the state transportation department and

the department of state police shall designate all rural limited

access freeways within this state. As used in this subsection,

"rural limited access freeway" means a freeway segment that has

been designated by the state transportation department and the

department of state police to be rural in nature.

[(9)] Subject to subsection [(18)], the maximum speed limit on all

urban limited access freeways upon which a speed limit is not

otherwise fixed under this act is no greater than 70 miles per

hour, which shall be known as the "urban freeway general speed

limit". The minimum speed limit on all urban limited access

freeways upon which a minimum speed limit is not otherwise fixed

under this act is 55 miles per hour. No later than 1 year after the

effective date of the amendatory act that added this subsection,

the state transportation department and the department of state

police shall designate all urban limited access freeways within

this state. A speed limit under this subsection may be set as

provided in section 628(5). As used in this subsection, "urban

limited access freeway" means a freeway segment that has been

House Bill No. 4423 as amended June 1, 2016

designated by the state transportation department and the

department of state police to be urban in nature.

[(10)] Subject to subsection [(18)], 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".

[(11)] Except as otherwise provided in this subsection, 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". Except as otherwise provided in this

subsection, the speed limit on a county highway with a gravel or

unimproved surface in a county with a population of 1,000,000 or

more is 45 miles per hour. 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 department of state police

and the requesting municipality may decrease the speed limit on a

county highway with a gravel or unimproved surface to not lower

than 35 miles per hour. 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.

[(12)] A public record of all traffic control orders

establishing statutory speed limits authorized under this section

shall 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

House Bill No. 4423 as amended June 1, 2016

university in which the local highway is located, and a certified

copy of the traffic control order shall be 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 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.

[(13)] (10) Subject to subsections (1) and (2)(c), Except for

speed limits described in subsections (1), (2)(d), [ ] (8), (9),

[ ] (10), [and (11),] 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 is the general basic speed limit

under section 628(1).law described in subsection (1). Speed limits

established under subsection (2)(b), (e), (f), (g), (h), and (i)

are not valid unless a traffic control order is filed as described

in subsection [(12)].

[(14)] (11) Nothing in this section prevents the establishment

of an absolute a modified speed limit under after a speed study as

described in section 628. Subject to subsection (1), an absolute A

modified speed limit established under section 628 supersedes a

prima facie speed limit established under this section.

     (12) Nothing in this section shall be construed as

justification to deny a traffic and engineering investigation.

     (13) As used in this section, "vehicular access point" means a

driveway or intersecting roadway.

House Bill No. 4423 as amended June 1, 2016

[(15)] All signs erected or placed under this section shall

conform to the Michigan manual on uniform traffic control devices.

[(16)] 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.

[(17)] (14) A person who violates a speed limit established

under this section is responsible for a civil infraction.

[(18)] The state transportation department and the department of

state police may raise the speed limit on a section of a rural

limited access freeway to 75 miles per hour, and may raise this

speed limit on a section of a trunk line highway to 60 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 contains findings that the speed limit may be raised.

The state transportation department and the department of state

police may raise the speed limit on a section of a 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 contains findings that the speed

limit may be raised. No later than 1 year after the effective date

House Bill No. 4423 as amended June 1, 2016

of the amendatory act that added this subsection, the state

transportation department and the department of state police shall

increase the speed limits on at least 600 miles of rural limited

access freeway and 900 miles of trunk line highway to the speed

limits described in this subsection.

[(19)] 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.

     Enacting section 1. Section 629 of the Michigan vehicle code,

1949 PA 300, MCL 257.629, is repealed.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) House Bill No. 4424.

     (b) House Bill No. 4425.

     (c) House Bill No. 4426.