Opinion #6657

The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)

STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6657

August 21, 1990

HIGHWAYS AND ROADS:

Authority to establish a school speed zone on a county road within a village

SCHOOLS AND SCHOOL DISTRICTS:

Authority to establish a school speed zone on a county road within a village

VILLAGES:

Authority to establish a school speed zone on a county road within a village

A county road commission, the Director of the Department of State Police, and the local school superintendent, acting jointly, have the authority to establish maximum speed limits on county roads which are within 1,000 feet of a school.

A village does not have the authority to establish school speed zones or reduce speed limits on a county road within its corporate boundaries.

Honorable Doug Carl

State Senator

The Capitol

Lansing, MI 48913

Honorable Ken DeBeaussaert

State Representative

The Capitol

Lansing, MI 48913

You have each asked for my opinion as to whether a county road commission, the Director of the Department of State Police, and a local superintendent of a school district, acting jointly, have the authority to establish school speed zones and reduce speed limits on a county road within the corporate boundaries of a village where (1) the road is within 1,000 feet of a school, and (2) the superintendent of that school district has determined that the posted speed limit on the county road is greater than is reasonable or safe. Alternatively, you ask whether a village is authorized to establish a school speed zone or reduce speed limits on county roads within its boundaries.

The method for adjusting speed limits on county roads is set forth in subsection (1) of MCL 257.628; MSA 9.2328, which provides, in part:

"If the ... county road commission, with respect to highways under its jurisdiction, and the director of the department of state police jointly 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 at an intersection or other place or upon a party of the highway, the officials acting jointly may determine and declare a reasonable and safe maximum or minimum speed limit on that ... county highway ... which shall be effective at the times determined when appropriate signs giving notice of the speed limit are erected at the intersection or other place or part of the highway...."

As for the establishment of a school speed zone, subsection (1) of MCL 257.628; MSA 9.2328, goes on to provide:

"If a superintendent of a school district determines that the speed of vehicular traffic on a ... county highway, which is within 1,000 feet of a school in the school district of which that person is the superintendent, is greater or less than is reasonable or safe, the officials [county road commission and Director of the Department of State Police] shall include the superintendent of the school district affected in acting jointly in determining and declaring a reasonable and safe maximum or minimum speed limit on that ... county highway...."

The language of subsection (1) of MCL 257.628; MSA 9.2328, is clear in specifying that, at the request of a superintendent of a school district, a joint determination may be made by that superintendent, the county road commission, and the Director of the Department of State Police to reduce the speed on a county road "which is within 1,000 feet of a school in the school district." According to the statute, the three participants must act jointly to alter the existing speed limit. They may alter the existing speed limit on any county highway within 1,000 feet of a school regardless of whether the school is located adjacent to the county highway in question.

Turning to whether a village is authorized to establish a reduced school speed zone on a county road within its boundaries, Const 1963, art 7, Sec. 29, states, in pertinent part:

"Except as otherwise provided in this constitution the right of all counties, townships, cities and villages to the reasonable control of their highways, streets, alleys and public places is hereby reserved to such local units of government." (Emphasis added.)

Const 1963, art 7, Sec. 16, states:

"The legislature may provide the powers and duties of counties in relation to highways ... may provide for county road commissioners to be appointed or elected, with powers and duties provided by law...."

These constitutional provisions were discussed in OAG, 1977-1978, No 5392, p 685, 687 (November 20, 1978):

"Accordingly, the legislature's grant of authority and power to counties with respect to highways and bridges may be read as an exception to the reasonable control provisions of Const 1963, art 7, Sec. 29....

"The question of local control over highways and streets was also dealt with in Jones v City of Ypsilanti, 26 MichApp 574, at 580; 182 NW2d 795 (1970). In that case the Court held as follows:

'... the municipality retains reasonable control of its highways, which is such control as cannot be said to be unreasonable and inconsistent with regulations which have been established, or may be established, by the State itself with reference thereto. This construction allows a municipality to recognize local and peculiar conditions and to pass ordinances regulating traffic on its streets, which do not contravene the State laws.' (Emphasis supplied.)"

The opinion went on to conclude that:

"The determination of the maximum speed established pursuant to ... [subsection (1) of MCL 257.628; MSA 9.2328] has the force and effect of law." OAG, 1977-1978, No 5392, at 688.

Thus, the conclusion is compelled that a village may not alter the speed limits established pursuant to subsection (1) of MCL 257.628; MSA 9.2328.

It is my opinion, therefore, that a county road commission, the Director of the Department of State Police, and the local school superintendent, acting jointly, have the authority to establish maximum speed limits on county roads which are within 1,000 feet of a school. It is also my opinion that a village does not have the authority to establish school speed zones or reduce speed limits on a county road within its corporate boundaries.

Frank J. Kelley

Attorney General