Speed limits on two of East Lansing's main thoroughfares will be going up unless the state's highest court intervenes.
Portions of Grand River Avenue and Saginaw Highway could be 10 mph faster, increasing to 35 mph and 45 mph, respectively.
The change is the latest development in a nearly yearlong court battle between the city of East Lansing and the Michigan State Police and the Department of Transportation, or MDOT.
Last March, East Lansing won a decision that blocked the state's initial attempt to raise the speed limits.
The Michigan Court of Appeals overturned the order in a Dec. 20 decision.
The city has the option of appealing that decision to the Michigan Supreme Court — something city officials have made clear they have every intention of doing.
The City Council will discuss the issue in executive session tonight.
East Lansing City Councilmember Mark Meadows characterized the dispute as a "turf war" about who has the authority to set speed limits on sections of state roads that fall within city limits.
"It has broad statewide implications," said assistant city attorney Tom Yeadon. "We thought that it was pretty clear who had authority over what areas."
For now, the speed limits will remain unchanged. State police Lt. Gary Megge said the state intends to let the legal process run its course before replacing the signs.
The debate centers on two statutes in the Michigan Constitution — one that gives the state authority regarding its roads and a second that suggests cities can influence speed limits when those roads run through business and school zones.
The appeals court determined last month that the state's authority trumps the city's wishes.
"I would characterize the Court of Appeals decision as one of the most poorly written I've ever read," Meadows said.
If the Supreme Court decides to hear the case, the decision could impact the ability of city governments around Michigan to control speed limits within their borders.
"Every other community wants to have a say," Meadows said.
But Shahid Abbas, traffic engineer for the City of Kalamazoo, said he would prefer the authority to determine speed limits remain with the party responsible for maintaining the road.
He added he has never had an issue working with the state police and MDOT on setting speed limits.
"They always take our opinion into consideration," Abbas said.
Megge said in the specific case of the Grand River Avenue and Saginaw Highway speed limits, East Lansing officials were consulted on several occasions, even though the state maintains the roads.
A variety of factors are considered in setting speed limits, including the history of accidents, the engineering of the road and something called the 85th percentile speed — the speed 85 percent of traffic drives at or slower than.
In certain instances, increasing a speed limit can make roads safer, state police contend.
"Speed does contribute to crashes, but it's excessive speed," Megge said. "It has nothing to do with the speed limit ? slower is not necessarily safer."
Megge says raising the speed limit will help decrease the range of speeds people drive— a difference that leads to tailgating and frequent lane changes, which increase the likelihood of accidents.
Megge said he has 40 years of traffic study data that shows a higher speed limit doesn't mean people will start driving faster.
A June 2003 study of Grand River Avenue found that only two of 155 drivers were going the 25 mph speed limit. The 85th percentile speed was 36 mph.
In February 2005, when the speed limit was briefly raised to 35 mph, the 85th percentile speed stayed exactly the same: 36 mph.
State police say changing the speed limit will allow officers to concentrate on serious offenders.
"This way, we don't miss them because the speed limits are set properly," state police Lt. Thad Peterson said.
