HB-4423, As Passed Senate, December 7, 2016

SENATE 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.

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) Where the posted speed limit is greater than 65 miles per

hour, a person 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 ~~described in this subsection~~ or a

combination of these vehicles shall not exceed a speed of 60 65

miles per hour 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.~~or a state trunk line highway.

~~(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.

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

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 (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, 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 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 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 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 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 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 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 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. 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, 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.

(d) The section of law, including a reference to the

subsection, under which the speed limit is established.

(12) ~~(10) Subject to subsections (1) and (2)(c),~~ Except for

speed limits described in subsections (1), (2)(d), 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 ~~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

(11).

(13) ~~(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.~~

(14) All signs erected or placed under this section shall

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 the responsibility of the department of state

police.

(16) ~~(14)~~ A person who violates a speed limit established

under this section is responsible for a civil infraction.

(17) 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 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.

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.