SENATE BILL 117, which is currently before the House of Representatives undermines the intent of Public act 85 by exempting Oakland county from its provisions.
Last year the legislature passed public act 85 which provided for some uniform standards in setting local speed limits. The state police supported PA 85 and are against SB-117. The reasons are clear:
- Michigan speed limits have become unrealistic, unsafe, and are ignored by almost all motorists.
- The previous law invited exploitation by local governments and misinterpretations by the courts.
PA 85 of 2006 remedied some of these problems by leveling the playing field in setting speed limits. No longer can speed limits on local roads be set arbitrarily. A standard is in place which requires all municipalities to conform. The new law conforms to the basic speed law which says that,”All vehicles must be driven at a careful and prudent speed not greater than or less than is reasonable and proper for existing conditions."
Even a properly- posted limit may be too fast if the road is slippery, crowded, or visibility is low.
PA 85 required the following:
25 mph for roads with 60 access points per 1/2 mile.
35 mph for roads with 45 to 59 access points per 1/2 mile.
45 mph for roads with 30 to 44 access points per 1/2 mile.
55 mph for roads with less than 30 access points per 1/2 mile.
Subdivisions platted under the 1967 Land Trust Division Act sets the speed limit at 25 mph regardless of frequency.
Business districts are set at 25 mph and trailer parks and public parks may be set at below 25 mph.
If a local authority wants to reduce the speed limit on rural roads all they have to do is get an engineering study which supports the claim of the need to lower the speed limits.
Oakland County is setting themselves up as above the law by trying to exempt themselves from complying with the new standards. Why should they be exempt from the provisions of this law, while the rest of the state complies? It is the height of arrogance.
Oakland County wants the ability to set arbitrary speed limits based on the whims of a few rather than using scientific engineering studies to support their claims.
This arrogance by the ruling elite, not only places themselves above the law, but places the rest of us a risk in paying more fines and insurance costs because of unrealistically low speed limits throughout the county.
Even the Oakland county road commission realizes that placing 25 mph limits on rural roads is ineffective and will have no impact on safety.
This exemption will, however, allow the local municipalities to keep the floodgates of fines rolling into their coffers.
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