JURISDICTION: MICHIGAN
This chapter summarizes Michigan State statutes related to speed.
General Reference: Michigan Complied Laws Annotated
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 above 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. 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. Based on engineering and traffic investigations, State and
local governments establish minimum speed limits on highways
under their jurisdictions. §258.628(1) However, the minimum
speed limit on freeways is 45 MPH. §257.628(5)
Posted (Minimum) Speed Limit:
Other: I. A person operating a passenger vehicle which is
towing another vehicle shall not drive >55 MPH.(2)
§257.627(5)
Basis for a Speed Law Violation: (continued)
II. A person operating a truck weighing 10,000 lbs. shall not driver >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)
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(a)
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(b)
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 $100
§257.901(b)
Sanctions Following an Adjudication of a Speed Law Violation:
(continued)
Mandatory Min. Fine ($): Civil Infraction: A mandatory
fine is imposed for speeding related to exceeding the maximum
speed limit on a highway or freeway.(4)
Note: Mandatory minimum fines could be established by the courts
via the fine schedule.
Other Penalties:
Traffic School:
Other:
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension via a Point System(5) §§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(6): 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 $100 §257.901(2)
Mandatory Minimum Fine: None
Other Criminal Actions Related to Speeding:
(continued)
Drag Racing on Highway: (continued)
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension via the Point System5 §§257.257(1)(d) & 257.320a(1)
Length of Term of
Licensing Withdrawal: Not more than 1 year §257.320(4)
Mandatory Action--Minimum
Length of License
Withdrawal: None
Other:
Careless or Negligent Driving(7): Civil Infraction §§257.626b & 257.907
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment:
Fine ($ 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 $100. §§257.907(2) & 600.8827
Mandatory Minimum Fine: Note: A mandatory minimum fine could
be established by the courts.
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Point System5 §§257.257(1)(d) & 257.320a(1)
Length of Term of License
Withdrawal Action: Not more than 1 year §257.320(4)
Mandatory Term of License
Withdrawal Action: None
Other:
Reckless Driving: Misdemeanor §§257.626(a) & 257.901(1)
Sanction:
Criminal:
Imprisonment (Term): Not more than 90 days §257.626(b)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Not more than $100 §257.626(b)
Mandatory Minimum Fine: None
Other Criminal Actions Related to Speeding:
(continued)
Reckless Driving: (continued)
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Revocation §257.319(1)(d) Also, Suspension via the Point System5 §§257.257(1)(d) & 257.320a(1)
Length of Term of License
Withdrawal Action: Revocation-90 days to 2 years §257.319(1) Suspension-Not more than 1 year §257.320(4)
Mandatory Term of License
Withdrawal Action: Revocation-90 days
§257.319(1) The minimum suspension period appears to be
mandatory. Suspension-None
Other:
Felonious Driving(8): Felony §752.191
Sanction:
Criminal:
Imprisonment (Term): Not more than 2 years §752.191
Mandatory Minimum Term
of Imprisonment: None
Fine ($ 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 System5 §§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(9):
Grounds for Suspension: A person's CDL is suspended if,
while driving a CMV, they either (1) commit 2 "serious
traffic violations"(10)
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. 1The 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 the a 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)(5)
2. 2This 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. 3If reduced loading is being enforced on any highway, the maximum speed is 35 MPH. §257.627(6)
4. 4The 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
5. 5Point System. I. A persons's license is subject to suspension if they accumulate 12 points within a 2 year period. §257.32091)(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) 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 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
6. 6The 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) for 2 or more vehicles to accelerate in speeds in an attempt to out-distance each other. §257.626a
7. 7This 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
8. 8Felonious driving is defined as operating a motor vehicle "carelessly and heedlessly in wilful and wanton disregard of the rights or safety or other, 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
9. 9A 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)
10. 10A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or careless driving. §257.319b(2)(b) & (b)