MI Bill proposed to outlaw speed traps
04-29-2010, 08:38 AM
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MI Bill proposed to outlaw speed traps
http://detnews.com/article/20100428/POLITI...law-speed-traps
And the follow up: http://detnews.com/article/20100427/METRO05/4270380
QUOTE
Bill proposed to outlaw speed traps - State lawmaker vows to force cities to set limits by the law
A state representative says he plans to introduce legislation within the next two weeks that would compel communities to follow a public act requiring them to set speed limits according to specific formulas.
State Rep. Rick Jones, R-Grand Ledge, said communities are preying on motorists by keeping speed limits too low. His legislation would force cities, townships and villages to conduct speed studies to properly set limits in accordance with Public Act 85 of 2006.
"My reason for the legislation is simple -- to end this practice of speed traps," Jones said. "There are speed traps all over the state, and under my bill, the communities that are putting these speed limit signs up would have to comply with the state law and do it right."
A News analysis of 10 randomly selected intersections showed Monday that none of the speed limits had been properly set, as mandated by the public act.
The act requires communities to set their limits by the frequency of driveways and cross streets, or by conducting an engineering and traffic study, and then posting a speed limit based on the 85th percentile of free-flowing traffic -- meaning the speed at which 85 percent of drivers are traveling during the traffic study.
"But city attorneys are saying there's a gray area, and that they think they're within the law by not changing anything," Jones said. "What my legislation will do is clear that up, so there's absolutely no gray area -- they will have to comply with Public Act 85, period."
Jones, a former Eaton County sheriff who spent 31 years in law enforcement, said most officers don't like writing tickets for speed trap violations.
"I've worked traffic, and as a former officer I think these speed traps are outrageous," he said. "Any police officer can find plenty of cars to stop without resorting to that.
"Any officer with integrity wants nothing to do with a speed trap. They should be totally illegal, and there's no excuse for them. They're a money grab, plain and simple."
State Rep. Bettie Cook Scott, D-Detroit, also an ex-police officer, said she plans to co-sponsor the bill.
"As a Detroit cop, enforcing the law was my job," Scott said. "But if the law is not properly set, I think the citizens should have some redress. These tickets are costing people a lot of money, and if you're going to punish someone for breaking the law, then the law should be based on a solid foundation."
The proposed legislation was good news to White Lake Township resident Don Larkins, who said he was ticketed two years ago for violating what he believes is an improper speed limit on Union Lake Road near Cooley Lake Road.
"It's 40 mph, but you're going downhill, and once you turn a corner, it changes to 30 all of a sudden," said Larkins, 61. "You're going downhill and there's no way you can see that speed limit sign in time."
A state representative says he plans to introduce legislation within the next two weeks that would compel communities to follow a public act requiring them to set speed limits according to specific formulas.
State Rep. Rick Jones, R-Grand Ledge, said communities are preying on motorists by keeping speed limits too low. His legislation would force cities, townships and villages to conduct speed studies to properly set limits in accordance with Public Act 85 of 2006.
"My reason for the legislation is simple -- to end this practice of speed traps," Jones said. "There are speed traps all over the state, and under my bill, the communities that are putting these speed limit signs up would have to comply with the state law and do it right."
A News analysis of 10 randomly selected intersections showed Monday that none of the speed limits had been properly set, as mandated by the public act.
The act requires communities to set their limits by the frequency of driveways and cross streets, or by conducting an engineering and traffic study, and then posting a speed limit based on the 85th percentile of free-flowing traffic -- meaning the speed at which 85 percent of drivers are traveling during the traffic study.
"But city attorneys are saying there's a gray area, and that they think they're within the law by not changing anything," Jones said. "What my legislation will do is clear that up, so there's absolutely no gray area -- they will have to comply with Public Act 85, period."
Jones, a former Eaton County sheriff who spent 31 years in law enforcement, said most officers don't like writing tickets for speed trap violations.
"I've worked traffic, and as a former officer I think these speed traps are outrageous," he said. "Any police officer can find plenty of cars to stop without resorting to that.
"Any officer with integrity wants nothing to do with a speed trap. They should be totally illegal, and there's no excuse for them. They're a money grab, plain and simple."
State Rep. Bettie Cook Scott, D-Detroit, also an ex-police officer, said she plans to co-sponsor the bill.
"As a Detroit cop, enforcing the law was my job," Scott said. "But if the law is not properly set, I think the citizens should have some redress. These tickets are costing people a lot of money, and if you're going to punish someone for breaking the law, then the law should be based on a solid foundation."
The proposed legislation was good news to White Lake Township resident Don Larkins, who said he was ticketed two years ago for violating what he believes is an improper speed limit on Union Lake Road near Cooley Lake Road.
"It's 40 mph, but you're going downhill, and once you turn a corner, it changes to 30 all of a sudden," said Larkins, 61. "You're going downhill and there's no way you can see that speed limit sign in time."
And the follow up: http://detnews.com/article/20100427/METRO05/4270380
QUOTE
Many speed limits set too low
Metro Detroit motorists who exceed posted speed limits may not be breaking the law, because in many cases the limits themselves are unlawful, according to one of the state's top traffic cops.
Four years after the passage of Public Act 85, which requires municipalities in Michigan to conduct studies to set proper speed limits, most cities, villages and townships have not complied, according to Lt. Gary Megge, head of the Michigan State Police Traffic Services Section.
One likely reason, said Megge, whose section advises communities on how to set proper speed limits, is that communities want speeding ticket revenue, and failing to conduct the required speed studies allows them to keep enforcing their speed limits that Megge calls "artificially low."
"I think money is part of it, and I find it reprehensible that communities aren't following the law," Megge said. "In many cases, the problem is the speed limit, not the motorist. Communities have to obey the law, too."
A Detroit News review of 10 randomly selected Metro Detroit roadways identified as "speed traps" by the National Motorists Association, a grassroots advocacy group, found that no studies of those roadways have been conducted in accordance with the 2006 public act.
Public roadways are the responsibility of communities, county road commissions or the Michigan Department of Transportation. By law, it's up to those entities to conduct studies on the roads that fall under their jurisdiction.
Public Act 85 provides guidelines for determining proper speed limits. One option under the law would set the limit on the 85th percentile of free-flowing traffic on a road segment.
Driver beat ticket in court
Daniel Kennedy, a criminal justice professor at the University of Detroit-Mercy, said it's possible for "someone in a responsible position" to compel communities to adhere to the public act.
"They would have to come up with a writ of mandamus, which means 'we command,' " he said. "That would force communities to obey state law."
Driver Jim Walker of Lexington beat a traffic ticket in 2008 by proving in court that the posted 30 mph speed limit on Nixon Road in Ann Arbor had not been set in accordance with PA 85.
He argued that because the city had not adopted the 2006 Uniform Traffic Code, by law the city must set limits using the access point method. Since the city hadn't done that, the ticket was thrown out.
"The judge said he wasn't happy about it, but he had to throw the ticket out because we proved the speed limit wasn't legal," said Walker, 65, who helped another man beat a speeding ticket using the same argument. "The city appealed, but the judge dismissed the appeal."
Steve Purdy, director of the National Motorists Association Michigan chapter, said prosecutors usually will dismiss tickets challenged under PA 85.
"They don't want to establish a precedent, so they'll throw the ticket out or offer a deal where they give you an impeding traffic ticket rather than a speeding ticket," he said.
Impeding traffic tickets usually carry higher fines than speeding tickets, Purdy said, but the tradeoff is no demerit points are attached to the driving record, meaning insurance rates do not increase.
Raised limit drew protest
The Macomb County Road Commission recently increased the speed limit on Metro Parkway between Jefferson and Dequindre in Sterling Heights to 55 mph, after conducting a speed study that showed the 40 and 50 mph posted limits were improper.
The decision prompted the Sterling Heights City Council to adopt a resolution opposing the increase, because it hadn't been notified of the change.
Sterling Heights spokesman Steve Guitar admitted the gesture was largely symbolic, since the speed limit increase was required by law.
"They know it's the law," Guitar said. "They just wanted to go on record to say they were concerned." He said the apprehension about the increase was over safety, not the potential loss of revenue because the number of speeding tickets issued by police might drop.
However, Ferndale Police Chief Michael Kitchen admitted revenue was the reason behind his recent decision to step up traffic enforcement.
"We have to write more tickets in order to avoid layoffs," Kitchen said. "I don't like how this looks to the public at all, but the bottom line is: If you obey the speed limit, we won't give you a ticket."
Kitchen admitted that the 35-mph speed limit on the most heavily-driven roadway in Ferndale -- Woodward Avenue near Nine Mile -- is likely too low.
"That speed limit would probably be 45 mph if they ever did a speed study," said Kitchen, adding that Woodward falls under MDOT's jurisdiction.
MDOT spokesman Rob Morosi said no speed study has been done on that stretch of Woodward since PA 85 was passed.
In Troy, the city's Traffic Improvement Association said it plans to conduct speed studies on several stretches of road, including Rochester Road near Maple, where the speed limit is 35 mph. That stretch was identified by the National Motorists Association as a speed trap.
"We're hoping to get those studies done this spring," said Troy Police Lt. David Livingston.
Eureka's 45 mph is suspect
Megge said he plans to carry out a speed study later this month on Eureka Road near Interstate 275 in Romulus, where the posted speed limit is 45 mph. Megge said police have written a rash of tickets there.
"That's a county road, and we're working with (the Wayne County Road Commission) to see if that's a valid speed limit," Megge said. "Any time you have police issuing an inordinate number of tickets, it probably means the speed limit is set artificially low."
Sgt. Donald Smith, head of the Romulus Police traffic bureau, said that stretch of Eureka is a "high-crash area."
"There is a fair amount of enforcement there, but that's because there are a lot of crashes there," he said. Last year, 23 accidents occurred at the intersection of Eureka and Middle Belt, Smith said.
But Megge said there's a misconception that driving faster results in more crashes.
"It's absolutely not true," he said. "What's dangerous is when someone drives at an inappropriate speed."
State Police cannot force communities to comply with the public act, Megge said.
"If a speed limit hasn't properly been set, and someone exceeds it, the driver is in violation of the number on the sign," Megge said. "But if they're driving at a speed that's realistic, do they deserve a $200 fine? Personally, I say they do not.
"I know if I got a ticket on a road where the speed limit wasn't set properly, I'd fight it."
Metro Detroit motorists who exceed posted speed limits may not be breaking the law, because in many cases the limits themselves are unlawful, according to one of the state's top traffic cops.
Four years after the passage of Public Act 85, which requires municipalities in Michigan to conduct studies to set proper speed limits, most cities, villages and townships have not complied, according to Lt. Gary Megge, head of the Michigan State Police Traffic Services Section.
One likely reason, said Megge, whose section advises communities on how to set proper speed limits, is that communities want speeding ticket revenue, and failing to conduct the required speed studies allows them to keep enforcing their speed limits that Megge calls "artificially low."
"I think money is part of it, and I find it reprehensible that communities aren't following the law," Megge said. "In many cases, the problem is the speed limit, not the motorist. Communities have to obey the law, too."
A Detroit News review of 10 randomly selected Metro Detroit roadways identified as "speed traps" by the National Motorists Association, a grassroots advocacy group, found that no studies of those roadways have been conducted in accordance with the 2006 public act.
Public roadways are the responsibility of communities, county road commissions or the Michigan Department of Transportation. By law, it's up to those entities to conduct studies on the roads that fall under their jurisdiction.
Public Act 85 provides guidelines for determining proper speed limits. One option under the law would set the limit on the 85th percentile of free-flowing traffic on a road segment.
Driver beat ticket in court
Daniel Kennedy, a criminal justice professor at the University of Detroit-Mercy, said it's possible for "someone in a responsible position" to compel communities to adhere to the public act.
"They would have to come up with a writ of mandamus, which means 'we command,' " he said. "That would force communities to obey state law."
Driver Jim Walker of Lexington beat a traffic ticket in 2008 by proving in court that the posted 30 mph speed limit on Nixon Road in Ann Arbor had not been set in accordance with PA 85.
He argued that because the city had not adopted the 2006 Uniform Traffic Code, by law the city must set limits using the access point method. Since the city hadn't done that, the ticket was thrown out.
"The judge said he wasn't happy about it, but he had to throw the ticket out because we proved the speed limit wasn't legal," said Walker, 65, who helped another man beat a speeding ticket using the same argument. "The city appealed, but the judge dismissed the appeal."
Steve Purdy, director of the National Motorists Association Michigan chapter, said prosecutors usually will dismiss tickets challenged under PA 85.
"They don't want to establish a precedent, so they'll throw the ticket out or offer a deal where they give you an impeding traffic ticket rather than a speeding ticket," he said.
Impeding traffic tickets usually carry higher fines than speeding tickets, Purdy said, but the tradeoff is no demerit points are attached to the driving record, meaning insurance rates do not increase.
Raised limit drew protest
The Macomb County Road Commission recently increased the speed limit on Metro Parkway between Jefferson and Dequindre in Sterling Heights to 55 mph, after conducting a speed study that showed the 40 and 50 mph posted limits were improper.
The decision prompted the Sterling Heights City Council to adopt a resolution opposing the increase, because it hadn't been notified of the change.
Sterling Heights spokesman Steve Guitar admitted the gesture was largely symbolic, since the speed limit increase was required by law.
"They know it's the law," Guitar said. "They just wanted to go on record to say they were concerned." He said the apprehension about the increase was over safety, not the potential loss of revenue because the number of speeding tickets issued by police might drop.
However, Ferndale Police Chief Michael Kitchen admitted revenue was the reason behind his recent decision to step up traffic enforcement.
"We have to write more tickets in order to avoid layoffs," Kitchen said. "I don't like how this looks to the public at all, but the bottom line is: If you obey the speed limit, we won't give you a ticket."
Kitchen admitted that the 35-mph speed limit on the most heavily-driven roadway in Ferndale -- Woodward Avenue near Nine Mile -- is likely too low.
"That speed limit would probably be 45 mph if they ever did a speed study," said Kitchen, adding that Woodward falls under MDOT's jurisdiction.
MDOT spokesman Rob Morosi said no speed study has been done on that stretch of Woodward since PA 85 was passed.
In Troy, the city's Traffic Improvement Association said it plans to conduct speed studies on several stretches of road, including Rochester Road near Maple, where the speed limit is 35 mph. That stretch was identified by the National Motorists Association as a speed trap.
"We're hoping to get those studies done this spring," said Troy Police Lt. David Livingston.
Eureka's 45 mph is suspect
Megge said he plans to carry out a speed study later this month on Eureka Road near Interstate 275 in Romulus, where the posted speed limit is 45 mph. Megge said police have written a rash of tickets there.
"That's a county road, and we're working with (the Wayne County Road Commission) to see if that's a valid speed limit," Megge said. "Any time you have police issuing an inordinate number of tickets, it probably means the speed limit is set artificially low."
Sgt. Donald Smith, head of the Romulus Police traffic bureau, said that stretch of Eureka is a "high-crash area."
"There is a fair amount of enforcement there, but that's because there are a lot of crashes there," he said. Last year, 23 accidents occurred at the intersection of Eureka and Middle Belt, Smith said.
But Megge said there's a misconception that driving faster results in more crashes.
"It's absolutely not true," he said. "What's dangerous is when someone drives at an inappropriate speed."
State Police cannot force communities to comply with the public act, Megge said.
"If a speed limit hasn't properly been set, and someone exceeds it, the driver is in violation of the number on the sign," Megge said. "But if they're driving at a speed that's realistic, do they deserve a $200 fine? Personally, I say they do not.
"I know if I got a ticket on a road where the speed limit wasn't set properly, I'd fight it."
