4.13Speed Violations

“An individual 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 existing at the time. An individual shall not operate a vehicle on a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead.” MCL 257.627(1).

“A violation of [MCL 257.627(1)] shall be known and may be referred to as a violation of the basic speed law or ‘VBSL’.” Id.

“An individual who violates a speed limit established under [MCL 257.627] is responsible for a civil infraction.” MCL 257.627(16).

MCL 257.627(1) identifies two concepts: careful and prudent speed and assured, clear distance ahead. Underlying the concept of careful and prudent speed is the premise of ordinary care, e.g., the rate of speed that the average person would conclude to be proper, considering all conditions. Some conditions to consider include:

weather (rain, wind, snow, etc.);

time of day (day or night);

road surface (rough, wet, icy, etc.);

sight limitations (hills, curves, parked cars, etc.);

traffic volume (pedestrians, other types of vehicles); and

vehicle type (stopping distance or braking capacity).

The concept of assured clear distance ahead is typically applied to accident cases because the collision itself is evidence of the inability to stop within an assured, clear distance ahead. The ability to stop as a measurement of speed is contingent on several factors, including:

driver’s perception and reaction time;

road surface conditions; and

the vehicle’s braking capacity.

A.Statutory Authority: Lawful Highway Speeds

“Except as provided in [MCL 257.627(1)], it is lawful for the operator of a vehicle to operate that vehicle on a highway at a speed not exceeding the following:

(a) Fifteen miles per hour on a highway segment within the boundaries of a mobile home park . . . .

(b) Twenty-five miles per hour on a highway segment within a business district.

(c) Twenty-five miles per hour on a highway segment within the boundaries of a public 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) Twenty-five miles per hour on 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) Twenty-five miles per hour on a highway segment that is part of the local street system as designated by a local jurisdiction and approved by the state transportation commission under . . . MCL 247.651 to [MCL] 247.675, and that is within land that is zoned for residential use by the governing body of an incorporated city or village under the Michigan zoning enabling act, . . . MCL 125.3101 to [MCL] 125.3702, unless another speed is fixed and posted.

(f) Twenty-five miles per hour on a highway segment with 60 or more vehicular access points within 1/2 mile.

(g) Thirty 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.

(h) Thirty-five miles per hour on a highway segment with not less than 45 vehicular access points but no more than 49 vehicular access points within 1/2 mile.

(i) Forty 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.

(j) Forty-five miles per hour on a highway segment with not less than 30 vehicular access points but no more than 39 vehicular access points within 1/2 mile.” MCL 257.627(2).

“All of the following apply to the speed limits described in [MCL 257.627(2)]:

(a) A highway segment adjacent to or lying between 2 or more areas described in [MCL 257.627(2)(a), MCL 257.627(2)(b), MCL 257.627(2)(c), or MCL 257.627(2)(d)] is not 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 [MCL 257.627(2)(f), MCL 257.627(2)(g), MCL 257.627(2)(h), MCL 257.627(2)(i), or MCL 257.627(2)(j)] must be posted at the speed limit specified in the adjoining segment. A separate determination must 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 [MCL 257.627(2)(f), MCL 257.627(2)(g), MCL 257.627(2)(h), MCL 257.627(2)(i), or MCL 257.627(2)(j)].” MCL 257.627(5).

1.Special Rules for Certain Trucks

“An individual 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 35 miles per hour during the period when reduced loadings are being enforced in accordance with this chapter.” MCL 257.627(3).

2.Special Rules Where Posted Speed Limit is Greater than 65 miles per hour

“Where the posted speed limit is greater than 65 miles per hour, an individual 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 or a combination of these vehicles shall not exceed a speed of 65 miles per hour on a limited access freeway or a state trunk line highway.” MCL 257.627(4).

3.Work Zones

“An individual operating a vehicle on a highway, when entering and passing through a work zone described in [MCL 257.79d(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.” MCL 257.627(6). “The state transportation department, a county road commission, or a local authority shall post speed limit signs in each work zone described in [MCL 257.79d(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 on uniform traffic control devices.” MCL 257.627(6). “An individual operating a vehicle shall not exceed a speed limit established under [MCL 257.627] or a speed limit established under [MCL 257.6281].”MCL 257.627(6).

Automated speed enforcement systems. “Beginning [April 2, 2026], the state transportation department may install and use or authorize the installation and use of an automated speed enforcement system in a work zone that is not separated from traffic by concrete barriers on a street or highway under the jurisdiction of the state transportation department.” MCL 257.627c(1). “A sign must be placed 1 mile before the start of a work zone where an automated speed enforcement system is installed and used under [MCL 257.627c] indicating that the work zone is monitored by an automated speed enforcement system.” MCL 257.627c(1)(a). “A digital display must be placed on or near the automated speed enforcement system that shows the speed of an approaching vehicle as measured by the automated speed enforcement system.” MCL 257.627c(1)(b). “Prioritization must be given to work zones that meet the following factors:

(i) The work zone is active and located on a freeway with a speed limit of 45 miles per hour or more.

(ii) Workers are exposed or there are traffic hazards, including, but not limited to, lane shifts, lane splits, lane width reductions, closed shoulders, and rough pavement.

(iii) The work zone will be active for 30 days or more.

(iv) There are no significant obstructions to line of sight for the automated speed enforcement system.” MCL 257.627c(1)(c).

“Automated speed enforcement systems must be used in an equitable manner to avoid causing a disparate impact on specific communities.” MCL 257.627c(1)(d). “Not more than 4 automated speed enforcement systems may be installed and used at the same time within the jurisdiction of a state transportation department region office.” MCL 257.627c(1)(e). “The state transportation department may install and use an automated speed enforcement system only by contracting with a third-party vendor.” MCL 257.627c(1)(f). “An automated speed enforcement system must be activated and detecting vehicle speed for the purpose of enforcing [MCL 257.627c] only while workers are present in the work zone.” MCL 257.627c(1)(g).

Work zone speed limit violation(s). “Except for an individual operating a police vehicle, a fire department or fire patrol vehicle, or a public or private ambulance as provided in [MCL 257.632], if an individual violates an applicable speed limit described in [MCL 257.627] by exceeding a posted speed limit by 10 miles per hour or more in a work zone while workers are present, on the basis of a recorded image produced by an automated speed enforcement system, all of the following apply:

(a) An individual must be issued a written warning using a form that is created by the automated speed enforcement unit under [MCL 257.627c(7)] for either of the following violations as described in [MCL 257.627c(2)]:

(i) A first violation.

(ii) A violation that occurs more than 3 years after that individual’s most recent violation.

(b) For a second violation as described in [MCL 257.627c(2)] that occurs less than 3 years after a written warning is issued under [MCL 257.627c(2)(a)], the individual is responsible for a civil infraction and must be ordered to pay a civil fine of not more than $150.00.

(c) For a third or subsequent violation as described in [MCL 257.627c(2)] that occurs less than 3 years after a second or subsequent violation, the individual is responsible for a civil infraction and must be ordered to pay a civil fine of not more than $300.00.” MCL 257.627c(2).

Recorded image and data. “A sworn statement of an automated speed enforcement system operator, based on inspecting a recorded image produced by an automated speed enforcement system, is prima facie evidence of the facts contained in the recorded image.” MCL 257.627c(3). “A recorded image indicating a violation must be available for inspection in any proceeding to adjudicate the responsibility for a violation of [MCL 257.627c].” MCL 257.627c(3). “A recorded image indicating a violation must be destroyed as soon as the period for contesting the violation has lapsed, including any period for appeals, or as soon as the individual pays the civil fine in full, whichever occurs first.” Id.

“[A] recorded image and any other data collected by an automated speed enforcement system . . . may be used only for the purpose of adjudicating a violation of [MCL 257.627c].” MCL 257.627c(4)(a). “Except to the extent necessary to adjudicate a violation of [MCL 257.627c], the image and data are confidential and exempt from disclosure under the freedom of information act . . . MCL 15.231 to 15.246.” MCL 257.627c(4)(b). “The image and data must not be shared with or sold to any private or public third party not involved with installing and using the automated speed enforcement system.” MCL 257.627c(4)(c).

Rebuttable presumption. “In a proceeding for a violation of [MCL 257.627c], prima facie evidence that the vehicle described in the citation issued was operated in violation of [MCL 257.627c], together with proof that the individual who was issued the citation was at the time of the violation the registered owner of the vehicle, creates a rebuttable presumption that the registered owner of the vehicle was the individual who committed the violation.” MCL 257.627c(5). “The presumption is rebutted if the registered owner of the vehicle files an affidavit by regular mail with the clerk of the court stating that the registered owner was not the operator of the vehicle at the time of the alleged violation or testifies in open court under oath that the registered owner was not the operator of the vehicle at the time of the alleged violation.” Id. “The presumption also is rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen before the time of the alleged violation of this section, is presented before the appearance date established on the citation.” Id. “For purposes of [MCL 257.627c(5)], the owner of a leased or rented vehicle shall provide the name and address of the individual to whom the vehicle was leased or rented at the time of the violation.” MCL 257.627c(5).

Citation. Notwithstanding [MCL 257.742], a citation for a violation of [MCL 257.627c] may be executed by the state transportation department or a person designated by the state transportation department by mailing by first-class mail a copy to the address of the registered owner of the vehicle as shown on the records of the secretary of state.” MCL 257.627c(6). “The state transportation department shall also file the citation with the court having jurisdiction over the offense.” Id. “If the summoned individual fails to appear on the date of return set out in the citation mailed under [MCL 257.627c(6)], the clerk of the court shall enter a default after certifying, on a form furnished by the court, that the defendant has not made a scheduled appearance or has not answered the citation within the time provided by law.” Id.

4.School Zones

“A school zone speed limit on a highway segment in a school zone, which, except as otherwise provided in this subsection, shall be in force not more than 30 minutes before the first regularly scheduled school session, rounded to the nearest multiple of 5 minutes, until school commences and from dismissal until not more than 30 minutes after the last regularly scheduled school session, rounded to the nearest multiple of 5 minutes, may be decreased by not more than 20 miles per hour less than the speed limit normally posted but shall be not less than 25 miles per hour. A school superintendent may begin the 30-minute period before the first regularly scheduled school session described in this subsection at a time that is less than 30 minutes before the first regularly scheduled school session and that extends beyond the time school commences, may begin the 30-minute period after dismissal at a time other than dismissal, and, if a school has an off-campus lunch period, may designate the period provided for off-campus lunch as a period during which the school zone speed limit described in this subsection applies.” MCL 257.627a(2).

5.State Trunkline Highways Within Political Subdivisions That Prohibit Operation of Nonemergency Motor Vehicles

“Notwithstanding [MCL 257.627] and [MCL 257.628], an individual who operates a vehicle, a bicycle, or any other device on a state trunkline highway within a political subdivision [that prohibits the operation of nonemergency motor vehicles in the political subdivision by ordinance, regulation, or resolution] shall not exceed either of the following speed limits:

(a) Except as otherwise provided in [MCL 257.628b(2)(a)] and [MCL 257.628b(2)(b)], 15 miles per hour. [MCL 257.628b(2)(a)] does not apply to a snowmobile.

(b) Within a business district of a political subdivision [that prohibits the operation of nonemergency motor vehicles in the political subdivision by ordinance, regulation, or resolution], 10 miles per hour.” MCL 257.628b(2).

“An individual who violates [MCL 257.628b] is responsible for a civil infraction.” MCL 257.628b(3).

B.Statutory Authority: Maximum and Minimum Speed Limits and General Speed Limit

“If the county road commission, the township board, and the department of state police unanimously determine upon the basis of an engineering and traffic investigation that the speed of vehicular traffic on a county highway is greater or less than is reasonable or safe under the conditions found to exist upon any part of the highway, then acting unanimously they may establish a reasonable and safe maximum or minimum speed limit on that county highway that is effective at the times determined when appropriate signs giving notice of the speed limit are erected on the highway.” MCL 257.628(1).

“Subject to [MCL 257.627(17)2], the speed limit on all trunk line highways and all county highways upon which a speed limit is not otherwise fixed under [the MVC] is 55 miles per hour, which shall be known as the ‘general speed limit’.” MCL 257.627(9).

“Subject to [MCL 257.627(17)], the maximum speed limit on all limited access freeways upon which a speed limit is not otherwise fixed under [the MVC] is 70 miles per hour, which shall be known as the ‘limited access freeway general speed limit’.” MCL 257.627(8).

“The minimum speed limit on all limited access freeways upon which a minimum speed limit is not otherwise fixed under [the MVC] is 55 miles per hour.” MCL 257.627(8).

“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 [the MVC] is 55 miles per hour, which shall be known as the ‘general gravel road speed limit’.” MCL 257.627(10).

C.Statutory Authority: Modified Speed Limits

“The governor may reduce the maximum speed limit on a street, highway, or freeway pursuant to an executive order issued during a state of energy emergency as provided by law.” MCL 257.629b(1).

Township boards may petition for changes in the speed limit. MCL 257.628(1)-(2).

MCL 257.627(7) requires the state transportation department, a county road commission, or a local authority to decrease the speed limit in a hospital highway zone by up to 10 miles per hour upon the request of a hospital located in the zone. The speed limit may be decreased by more than 10 miles per hour if supported by an engineering safety study. Id. 

MCL 257.627(10) permits the decrease of the general gravel road speed limit3 under certain circumstances that differ depending on the population size of the municipality.

D.Special Citation Requirements

In addition to the requirements discussed in Section 1.12, “[i]n every charge of a violation of a speed limit in [Chapter VI of the MVC] the complaint or citation and the summons or notice to appear shall specify the speed at which the respondent is alleged to have driven and the speed limit applicable at the location.” MCL 257.633(1).

E.Evidence in a Speed Case

Evidence in a speed case may be presented by testimony of the defendant, complaining police officer, or a witness, or by physical evidence. In general, the court must determine the admissibility of evidence based on principles of relevancy. See MRE 401MRE 403. However, a district court magistrate conducting an informal hearing in a civil infraction case is not bound by the rules of evidence. See MCL 257.746(1).

“[A]dmissions made by a driver to a police officer are admissible in any court proceeding.” People v Chandler, 75 Mich App 585, 590 (1976).

1.Speed Evidence Based on Witness Observation

“One need not qualify as an expert in order to testify as to matters one learns through ordinary observation, such as the rate of speed at which a vehicle is going, provided a witness is fully interrogated as to the knowledge upon which his judgment is based, so that a jury can determine what weight should be given to his [or her] statements.” Hicks v Bacon, 26 Mich App 487, 493 (1970). “With respect to testimony regarding the speed of a vehicle, the admissibility of this testimony is not contingent upon specific times and distances, and the testimony should be admitted where the jury is made aware of the witness’ opportunity to observe.” Cole v Eckstein, 202 Mich App 111, 114 (1993).

2.Speed Evidence Based on Radar, Vascar, or Laser Devices

   Radar

Radar (Radio Detection and Ranging) detects the presence of a moving object and determines its speed. According to People v Ferency, 133 Mich App 526, 542-544 (1984),“a speeding case involving ‘moving’ radar, the following seven guidelines must be met in order to allow into evidence speed readings from a radar speedmeter [thus satisfying due process requirements]:

1. The officer operating the device has adequate training and experience in its operation.

2. That the radar device was in proper working condition and properly installed in the patrol vehicle at the time of the issuance of the citation.

3. That the device was used in an area where road conditions are such that there is a minimum possibility of distortion.

4. That the input speed of the patrol vehicle was verified. This also means that the speedometer of the patrol vehicle was independently calibrated.

5. That the speedmeter be retested at the end of the shift in the same manner that it was tested prior to the shift and that the speedmeter be serviced by the manufacturer or other professional as recommended.[4]

6. That the radar operator be able to establish that the target vehicle was within the operational area of the beam at the time the reading was displayed.

7. That the particular unit has been certified for use by an agency with some demonstrable expertise in the area.”

The Michigan Commission on Law Enforcement Standards (MCOLES) has adopted Michigan Speed Measurement Standards applicable to individuals certified as speed measurement operators on or after January 1, 2010. The standards also contain specifications for speedmeter calibration. See http://www.michigan.gov/documents/mcoles/Web_Language_304054_7.pdf.

The Michigan Speed Measurement Task Force set out Guidelines for the Adjudication of Radar Speeding Cases in 2000 to “provide recommendations to members of the Michigan judicial system regarding the adjudication of radar speeding cases.” See http://www.michigan.gov/documents/ADJUDICATIONOFRADARSPEEDING_CASES_11138_7.pdf. The recommendations are as follows:

“1. The Michigan Speed Measurement Task Force recommends that the guidelines listed in [People v Ferency, 133 Mich App 526 (1984)] be considered valid for both stationary-mode and moving-mode radar citations.

2. The Michigan Speed Measurement Task Force recommends that speed-measuring radar evidence be admissible in court only if the radar device used was certified, as determined by the Michigan Speed Measurement Task Force.

3. The Michigan Speed Measurement Task Force recommends that it is not necessary to have radar devices periodically recertified because a properly trained radar operator will be able to determine when a specific device is malfunctioning.

4. The Michigan Speed Measurement Task Force recommends that speed measuring radar device evidence be admissible in court only if the radar operator was certified [by] the Michigan Commission On Law Enforcement Standards at the time the radar speed reading was made.

5. Only if the radar device and radar operator were each properly certified should issues related to this particular case be addressed in order to determine if the specific facts warrant that the defendant be held responsible. Specific points that should be covered, once the certification issues have been dispensed with, include:

   a. Was the radar device in proper working order? And when was this verification done?

   b. Was the patrol vehicle’s speedometer independently calibrated? And, if so, when was it last    calibrated?

   c. What mode of operation was used (e.g., stationary or moving)?

   d. Was the radar device being used in an area where road conditions or environmental conditions might have led to spurious display readings?

   e. What was the nature of the roadway (i.e., type of roadway, general visibility, terrain, visual obstructions, and volume of traffic flow)?

   f. What was the target-tracking history (i.e., visual observations of the target, operational area of the radar beam, characteristics of the Doppler-audio signal, display readings, and correlation between the patrol speed display window reading and the reading from the patrol vehicle’s speedometer—the latter only being needed during moving-mode operation). Guidelines for the Adjudication of Radar Speeding Cases, supra.

In summary, the Michigan Speed Measurement Task Force recommends that the defendant be held responsible for the speeding infraction if the following three conditions are met: first, the radar device was certified as determined by the Michigan Speed Measurement Task Force; second, the radar operator was certified by the Michigan Commission On Law Enforcement Standards; and, third, the preponderance of the forensic evidence related to this specific case indicates that the speeding infraction did occur as stated by the radar operator.”

Laser (Lidar)

Laser emits an invisible infrared light beam that measures both speed and distance.

“Although the Michigan Court of Appeals ruling in [People v Ferency, 133 Mich App 526 (1984)] deals with the adjudication of a case involving traffic radar, the Michigan Speed Measurement Task Force is of the opinion that the ruling can be applied to cases involving laser speed measurement devices.” See https://www.michigan.gov/msp/0,4643,7-123-72297_30536_53738-16134--,00.html. “The interim guidelines for adjudicating speeding cases involving laser speed measurement devices that have been developed by the Michigan Speed Measurement Task Force reflect this opinion:

1. The officer operating the laser speed measurement device must have adequate training and experience.

2. The particular laser device must have been certified for use in Michigan by the Michigan Speed Measurement Task Force.

3. The laser device must be verified in the same manner at the beginning and end of the shift to ensure that it is in proper working condition, and the device must be serviced by the manufacturer or other professional as recommended.

4. The officer using the laser device must be able to testify that a down-the-road speed reading was obtained at a distance that was within the operational range of the device.

5. The target vehicle must be properly identified.

6. The laser device must be in proper working condition at the time the speed measurement reading is obtained. Additionally, across-the-road laser devices must be properly positioned and aligned.” Id.

VASCAR

VASCAR (Visual Average Speed Computer and Recorder) is a computer device that allows a police officer to enter a precisely measured distance and the time it took the target vehicle to travel that same distance. The computer then calculates the average speed of the target vehicle.

A proper foundation must be laid for the admission of evidence from a VASCAR unit. People v Blondia, 69 Mich App 554, 559 (1976). In Blondia, 69 Mich App at 558, “[t]he trooper testified that he calibrated the VASCAR unit before each shift on a premeasured half-mile course . . . [and] that he had not participated in the measuring of the course but that other troopers had used it and had marked it and he thought it was accurate.” The trooper “also used a stop watch to test the VASCAR unit but he did not have anything to offer on the accuracy of the stop watch except that it was not a certified stop watch as prescribed in the manufacturer’s instructions on the use of the VASCAR unit.” Id. The Court of Appeals stated that “[i]f the outcome of th[e] appeal depended on the VASCAR speed evidence alone, [it] would hold that there was an insufficient showing of the accuracy of the unit because a proper foundation was not laid.” Id. at 559.

F.Penalties

The general rules for assessing a civil fine and costs apply to speed violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.

“Notwithstanding [MCL 257.320a and MCL 257.907], a person who is determined responsible or responsible ‘with explanation’ for a civil infraction for violating the maximum speed limit on a limited access freeway or part of a limited access freeway upon which the maximum speed limit is 55 miles per hour or more shall be ordered by the court to pay a minimum fine . . . only according to the . . . schedule [established in MCL 257.629c], except as otherwise provided in [MCL 257.629c(2) and MCL 257.629c(3).]” MCL 257.629c(1). The schedule is as follows:

1-5 mph over speed limit—$10

6-10 mph over speed limit—$20

11-15 mph over speed limit—$30

16-25 mph over speed limit—$40

26+ mph over speed limit—$50

“[MCL 257.629c(1)] does not apply to a person operating a vehicle or a vehicle combination for which the maximum rate of speed is established pursuant to [MCL 257.627(5)-(7)].” MCL 257.629c(2).5

“For a violation of a maximum speed limit on a limited access freeway by a person operating a vehicle or vehicle combination described in [MCL 257.629c(2)], . . . fines shall be assessed under [MCL 257.907].” MCL 257.629c(3).

G.Sanctions

Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.

“Within 5 days after receipt of a properly prepared abstract from a court of [Michigan] or another state, the secretary of state shall record the . . . civil infraction determination . . . and the number of points for each, based on the following formula, except as otherwise provided in [MCL 257.320a and MCL 257.629c]:

* * *

(g) A violation of MCL 257.627(6)] pertaining to speed in a work zone described in [MCL 257.627] by exceeding the lawful maximum by more than 15 miles per hour  . . . . 5 points

(h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour . . . . 4 points

* * *

(k) A violation of [MCL 257.627(6)] pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour . . . . 4 points

(l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, aan individual, or any other object . . . . 4 points

(m) Careless driving in violation of [MCL 257.626b] or a law substantially corresponding to [MCL 257.626b] . . . . 3 points

(n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour . . . . 3 points

(o) A violation of [MCL 257.653a(2)] . . . . 2 points

(p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour . . . . 2 points

(q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour . . . . 1 point

* * *

(u) All other moving violations pertaining to the operation of motor vehicles reported under [MCL 257.320a] . . . . 2 points

(w) A violation of [MCL 257.627(6)] pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less . . . 3 points[.]” MCL 257.320a(1). See Section 1.42 for more information on points.

“Notwithstanding [MCL 257.320a and MCL 257.907], a person who is determined responsible or responsible ‘with explanation’ for a civil infraction for violating the maximum speed limit on a limited access freeway or part of a limited access freeway upon which the maximum speed limit is 55 miles per hour or more . . . shall have points entered on his or her driving record by the secretary of state only according to the . . . schedule [established in MCL 257.629c], except as otherwise provided in [MCL 257.629c(2) and MCL 257.629c(3).]” MCL 257.629c(1). The schedule is as follows:

1-5 mph over speed limit—0 points

6-10 mph over speed limit—1 point

11-15 mph over speed limit—2 points

16-25 mph over speed limit—3 points

26+ mph over speed limit—4 points

“[MCL 257.629c(1)] does not apply to a person operating a vehicle or vehicle combination for which the maximum rate of speed is established pursuant to [MCL 257.627(5)–MCL 257.627(7)].” MCL 257.629c(2).6

“For a violation of a maximum speed limit on a limited access freeway by a person operating a vehicle or vehicle combination described in [MCL 257.629c(2)], points shall be assessed under [MCL 257.320a.]” MCL 257.629c(3).

1    MCL 257.628 authorizes certain governmental entities to establish reasonable and safe maximum or minimum speed limits on certain roads and highways.

2   MCL 257.627(17) provides: “No later than January 5, 2018, 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.”

3   See Section 4.13(B) for discussion of the general gravel road speed limit.

4   This “requirement . . . does not mandate any specific actions.” City of Adrian v Strawcutter, 259 Mich App 142, 144 (2003). “The requirement . . . only mandates service as recommended.” Id. “This does not preclude the possibility that no service may be recommended.” Id. at 144-145 (officer complied with relevant servicing requirements under [People v Ferency, 133 Mich App 526 (1984)] where the Michigan Speed Measurement Task Force did not recommend any servicing for the speedmeter unit, and no servicing was performed).

5   Effective January 5, 2017, 2016 PA 445 amended MCL 257.627 to delete the content of former § 627(5) and former § 627(7). The content in § 627(6) was re-numbered as § 627(3) and amended. MCL 257.629c has not been amended to reflect the changes to MCL 257.627.

6   Effective January 5, 2017, 2016 PA 445 amended MCL 257.627 to delete the content of former § 627(5) and former § 627(7). The content in § 627(6) was re-numbered as § 627(3) and amended. MCL 257.629c has not been amended to reflect the changes to MCL 257.627.