Michigan Laws 247.291a – Barrier requirements; closure of freeways or bridges; exception
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Terms Used In Michigan Laws 247.291a
- Contract: A legal written agreement that becomes binding when signed.
- Crashworthy: means that term as defined in the Michigan manual on uniform traffic control devices. See Michigan Laws 247.291b
- Freeway: means that term as defined in section 18a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 247.291b
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Except as otherwise provided in subsections (2) and (3), if the state transportation department closes any freeway or portion of freeway under its jurisdiction for construction, improvement, or repair of that freeway, a portion of freeway, or a bridge located upon that freeway or portion of freeway, both of the following apply:
(a) If the freeway is closed completely to traffic, it must be closed using concrete barriers or equivalent crashworthy temporary traffic barriers. Ramp access to the freeway may be closed with barricades, concrete barriers, or other equivalent crashworthy temporary traffic barriers to maintain access for construction traffic and emergency services.
(b) If the freeway is not closed completely to traffic and a portion of the freeway is closed at any time between a half hour after sunset to a half hour before sunrise for work scheduled to be done at that time in a contract between a contractor and the state transportation department, concrete barriers or equivalent crashworthy temporary traffic barriers must separate any road workers who are performing work from traffic.
(2) This section does not apply if the freeway or portion of freeway described in subsection (1) is closed for not more than 3 days for an emergency repair, utility crossing, maintenance, or other short-duration operation.
(3) The state transportation department may exercise its engineering judgment in designing and placing concrete barriers or equivalent crashworthy temporary traffic barriers and associated traffic control devices for each closure of a freeway or portion of freeway to account for site-specific conditions, including, but not limited to, roadway grade, equipment malfunctions, emergency service, law enforcement needs, crash history, or work duration. If the engineering judgment determines that the use of concrete barriers would cause additional risks for road users, additional safety measures to protect road workers must be included in the contract between the contractor and the state transportation department.