|
Michigan Driving Law |
| General Reference: |
Michigan Compiled Laws Annotated, Reprinted with
permission from the National Highway Traffic Safety Administration. |
| Basis for a Speed Law Violation |
| Basic Speed Rule: |
A person shall operate a 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. §257.627(1) |
| Statutory Speed Limit: |
70 MPH on parts of freeways under a special speed study
§257.628(5) |
| See Other below. |
65 MPH, except as noted above, on freeways §257.628(5)
55 MPH on
other highways §257.628(1)
25 MPH (prima facie unlawful speed)
in business or residence districts, in public parks or in school zones(1)
§§257.627(2) & 257.627a(2) |
| Posted (Maximum) Speed Limit: |
I. Based on engineering and traffic investigations, State and local
governments may establish maximum speed limits on highways under their
jurisdiction. §258.628(1) Note: Michigan law does not specifically state
whether different highway speed limits may be established either for
different types of vehicles, for various weather conditions or for
different times of the day.
II. Local authorities may increase or
decrease the 25 MPH speed limit in a school zone.1
§§257.627a(4) & 257.606(1)(k)
III. Local authorities may increase
the prima facie speed limits within their jurisdictions. However,
a prima facie speed limit outside either a business or
residential district shall not be <25 MPH. A prima facie speed
limit of not <15 MPH may be established for publicly owned parks or
playgrounds. §257.629(1) & (4)
IV. A municipal government may
establish speed limits on the properties of any board of education, school
district or community college district located within its jurisdiction.
§257.961
V. When a state of emergency exists, the governor may reduce
the speed limit on any street, highway or freeway via executive order.
§257.629b |
|
Minimum Speed Limit: |
I. See the Basic Speed Rule above.
II. The minimum speed limit on
freeways is 45 MPH. §257.628(5) |
|
Posted (Minimum) Speed Limit: |
Based on engineering and traffic investigations, State and local
governments establish minimum speed limits on highways under their
jurisdictions. §258.628(1) |
| Other: |
I. A person operating a passenger vehicle which is towing another
vehicle shall not drive >55 MPH.(2)
§257.627(5)
II. A person operating a truck weighing 10,000 lbs. shall
not drive >55 MPH.(3)
§257.627(6)
III. A person shall not operate a school bus >50 MPH
(>55 MPH on a limited access highway or freeway). §§257.627(7),
257.627b & 257.1861
IV. Unless a special speed limit has been
established, a person shall not operate a motor vehicle in a designated
work area >45 MPH. §257.627(9)
V. A person shall not exceed the
maximum safe posted speed limit which has been established for a bridge,
causeway or viaduct. §257.631(1)
VI. In the Lower Peninsula, towed
mobile homes >14-1/3 feet wide are prohibit from traveling either
>45 MPH or <10 MPH below the speed limit whichever is lower.
§257.719b(d)
VII. It is prima facie unlawful to operate a
vehicle >15 MPH in a mobile park home. §257.627(4)
VIII. Certain
combinations of vehicles shall not be operated a speed >15 MPH.(4)
§257.719(4)(a) |
| Adjudication of Speed Law
Violations: |
Civil/Criminal Adjudication of Violation: Except as Noted, Speed Law
Violations are Civil Infractions. §257.627(10) |
| Other: |
The following are Misdemeanor Offenses: (1) Exceeding the speed limit
in a school zone or (2) driving a school bus in excess of 55 MPH limit on
a limit on limited access highway or freeway. §§257.627a, 257.627b and
257.901 |
| Sanctions Following an Adjudication of a
Speed Law Violation |
| Criminal Sanctions |
| Imprisonment: |
|
| Term (Day, Month, Years, Etc.): |
Civil Infraction-N/A
Misdemeanor-Not
more than 90 days §257.901 |
| Mandatory Minimum Term: |
None |
| Fine: |
|
| Amount ($ Range): |
Civil Infraction-Only a fine is imposed for a Civil Infraction.
The actual fine that is to be imposed on an offender is determined by a
scheduled established by each district or municipal court. However, if a
civil infraction violation is accompanied by a responsible or reasonable
explanation, the fine is not more than $100. §§257.907(2)
& 600.8827
Misdemeanor-Not more than $100
§257.901 |
| Mandatory Min. Fine ($): |
Civil Infraction: A mandatory fine is imposed for speeding
related to exceeding the maximum speed limit on a highway or freeway.(5)
Note: Mandatory minimum fines could be established by the courts via the
fine schedule. |
| Other Penalties |
| Traffic School: |
A person may be required to attend a traffic education program.
§257.907(5) |
| Other: |
Licensing Action: |
| Type of Licensing Action (Susp/Rev): |
Suspension via a Point System(6)
§§257.320(1)(d) & (2) and 257.320a |
| Term of License Withdrawal (Days, Months,
Years, etc.): |
Not more than 1 year §257.320(4) |
| Mandatory Minimum Term of Withdrawal: |
None |
| Miscellaneous Sanctions Not Included
Elsewhere: |
Important. A person, who commits a moving violation
(e.g. speeding violation), in a construction or school zone is subject to
a fine that is double that otherwise prescribed by law.
§257.601b |
|
Other Criminal Actions Related to
Speeding
|
| Drag Racing on Highway(7):
|
Misdemeanor §§257.626a & 257.901(1) |
| Sanctions: |
|
| Criminal Sanction: |
|
| Imprisonment (Term): |
Not more than 90 days §257.901(2) |
| Mandatory Minimum Term: |
None |
| Fine ($ Range): |
Not more than $100 §257.901(2) |
| Mandatory Minimum Fine: |
None |
| Administrative Licensing Action: |
|
| Licensing Authorized and Type of Action: |
Suspension via the Point System6
§§257.257(1)(d) & 257.320a(1) |
| Length of Term of Licensing Withdrawal: |
Not more than 1 year §257.320(4) |
| Mandatory Action--Minimum Length of License
Withdrawal: |
None |
| Other: |
|
| Careless or Negligent Driving(8): |
Civil Infraction §§257.626b & 257.907 |
| Sanction: |
|
| Criminal: |
|
| Imprisonment (Term): |
None |
| Mandatory Minimum Term of Imprisonment: |
| Fine ($ Range): |
Only a fine is imposed for a Civil Infraction. The actual fine that is
to be imposed on an offender is determined by a scheduled established by
each district or municipal court. However, if a civil infraction violation
is accompanied by a responsible or reasonable explanation, the fine is not
more than $100. §§257.907(2) & 600.8827 |
| Mandatory Minimum Fine: |
Note: A mandatory minimum fine could be established by the
courts. |
| Administrative Licensing Actions: |
|
| Type of Licensing Action (Susp/Rev): |
Suspension via the Point System (6)
§§257.257(1)(d) & 257.320a(1) |
| Length of Term of License Withdrawal Action:
|
Not more than 1 year §257.320 (4) |
| Mandatory Term of License Withdrawal Action: |
None |
| Other: |
|
| Reckless Driving: |
Misdemeanor §§257.626(a) & 257.901(1) |
| Sanction: |
|
| Criminal: |
|
| Imprisonment (Term): |
Not more than 90 days §257.626(b) |
| Mandatory Minimum Term of Imprisonment: |
None |
| Fine ($ Range): |
Not more than $100 §257.626(b) |
| Mandatory Minimum Fine: |
None |
| Administrative Licensing Actions: |
|
| Type of Licensing Action (Susp/Rev): |
Revocation §257.319(1)(d) Also,
Suspension via the Point System6
§§257.257(1)(d) & 257.320a(1) |
| Length of Term of License Withdrawal Action: |
Revocation-90 days to 2 years §257.319(1)
Suspension-Not more than 1 year §257.320(4) |
| Mandatory Term of License Withdrawal Action: |
Revocation-90 days §257.319(1) The minimum
suspension period appears to be mandatory.
Suspension-None |
| Other |
| Felonious Driving(9):
|
Felony §752.191 |
| Sanction: |
|
| Criminal: |
|
| Imprisonment (Term): |
Not more than 2 years §752.191 |
| Mandatory Minimum Term of Imprisonment: |
None |
| Fine ($ Range): |
Not more than $1,000 §752.191 |
| Mandatory Minimum Fine: |
None |
| Administrative Licensing
Actions |
| Type of Licensing Action (Susp/Rev): |
Suspension §752.192 Also, Suspension
via the Point System6 §§257.257(1)(d) & 257.320a(1) |
| Length of Term of License Withdrawal Action:
|
I. The court recommends that the licensing agency suspended an
offender's license. The recommendation is included as part of the
sentence. §752.192
II. Suspension via the Point System-Not more than
1 year §257.320(4) |
| Mandatory Term of License Withdrawal Action:
|
I. The court does not have to make a recommendation that an offender's
license be suspended. However, if it does, it appears that the suspension
period is mandatory. §752.192
II. Suspension via the Point
System-None |
| Other |
| Commercial Motor Vehicle (CMV)
Operators(10): |
|
| Grounds for Suspension: |
A person's CDL is suspended if, while driving a CMV, they either (1)
commit 2 "serious traffic violations"(11)
within a 36 month period or (2) commit 3 such violations within a 36
months period. §257.319b(1)(a) & (b) |
| Period of Suspension: |
2 serious violations (within 36 months)-60
days 3 serious violations (within 36 months)-120
days §257.319b(1)(a) & (b) |
| Period of Mandatory Suspension: |
2 serious violations (within 36 months)-60
days 3 serious violations (within 36 months)-120
days §257.319b(1)(a) & (b) |
1. The prima facie speed limit
in a school zone is in force from 30 minutes before to 30 minutes after
school is in session and during school lunch periods when students are
allowed to leave the school. §257.627a(2)
If, in order to attend classes, school children must
cross a state highway with a speed limit 35 MPH, the State Transportation
Commission, at the request of school authorities and based upon traffic
engineering studies, may reduce the speed limit at designated school
crossing zones. §257.627a(5)
If the street in the school zone has a sidewalk on at
least one side, the speed limit in the zone may be established at not less
than 15 MPH below the regularly posted speed limit. In no situation shall
the limit be established at <25 MPH. §257.627(a)(6)
2. This limit does not apply if (1)
"vehicle or trailer has 2 wheels or less and does not exceed the combined
weight of 750 pounds for the vehicle or trailer and load, or a trailer
coach of not more than 26 feet in length with brakes on each wheel and
attached to the passenger vehicle with an equalizing or stabilizing
coupling unit." §257.627(5)
3. If reduced loading is being enforced
on any highway, the maximum speed is 35 MPH. §257.627(6)
4. The combinations include the
following: (1) A truck hauling more than 1 trailer or semitrailer; and,
(2) a truck tractor hauling more than 2 semitrailers or 1 semitrailer and
a trailer. However, this reduced speed does not apply (1) to farm tractor
hauling 2 wagons, (2) to garbage or refuse hauling up to 4 trailers (with
a combined length of not >55 feet). §257.719(4)(a)
5. The following mandatory fines apply
to persons who exceed the speed limit on highways or freeways with a
maximum speed limit 55 MPH and where the offender has responded "with
explanation" to a civil infraction: 1 to 5 MPH over the limit-$10; 6 to 10
MPH over the limit-$20; 11 to 15 MPH over the limit-$30; 16 to 25 MPH over
the limit-$40; and, 26 MPH over the limit-$50. §257.629c
6. Point System. I. A
persons's license is subject to suspension if they accumulate 12 points
within a 2 year period. §257.320(1)(d) II. The following points are
assigned for speeding and speed related violations: Felony resulting from
the operation of a motor vehicle-6 points; reckless driving-6 points; drag
racing-4 points; exceeding the speed by >15 MPH-4 points; careless
driving-3 points; exceeding the speed by >10 MPH but 15 MPH-3 points;
exceeding the speed limit by 10 MPH-2 points; and, all other speed related
moving violation-2 points. §257.320a(a), (e), (f), (i), (j) & (k)
(After 10/1/99, see §257.320a(a), (d), (e), (i), (j) & (n).) III.
However, the following points are assessed for exceeding the speed limit
on highways where the speed limit is 55 MPH if the offender has responded
"with an explanation" to a civil infraction: 1 to 5 MPH over the limit-0
points; 6 to 10 MPH over the limit-1 point; 11 to 15 MPH over the limit-2
points; 16 to 25 MPH over the limit-3 points; and, 26 MPH over the limit-4
points. §257.629c
7. The offense of "drag racing" on a
highway is defined as operating a motor vehicle either (1) in a speed or
acceleration contest, (2) for the purpose of making a record, or (3) where
2 or more vehicles accelerate in an attempt to out-distance each other.
§257.626a
8. This offense is defined as the
operation of a vehicle in a careless or negligent manner which is likely
to endanger any person or property but where such action was without
wantonness or recklessness. §257.626b
9. Felonious driving is defined as
operating a motor vehicle "carelessly and heedlessly in wilful and wanton
disregard of the rights or safety of others, or without due caution and
circumspection and at a speed or in a manner so as to endanger or be
likely to endanger any person or property and thereby injuring so as to
cripple any person, but not causing death." §752.191
10. A person who has obtained a
commercial driver's license (CDL) and is qualified to operate a commercial
motor vehicle. A commercial motor vehicle is defined as a vehicle designed
to carry either passengers or property and either has a gross vehicle
weight of 10,001 lbs., is designed to transport 16 or more persons, or is
transporting hazardous materials which requires that the vehicle to be
placarded in accordance with U.S. Department of Transportation
regulations. §480.11a(1)(c)
11. A "serious traffic violation"
includes exceeding the speed limit by 15 or more MPH or careless driving.
§257.319b(2)(b) & (b) (After 10/1/99, a "serious traffic offense"
means careless driving or excessive speeding as defined under Federal
Regulations. These regulations define a "serious traffic offense" to
include exceeding the posted speed limit by 15 MPH or more (49 CFR 383.5).
§257.319b(3)(b)) |
