Bill Text: MI HB4319 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Traffic control; traffic regulation; criteria for vehicles to proceed without stopping at inactive railroad track grade crossings; amend. Amends sec. 669 of 1949 PA 300 (MCL 257.669).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-07-21 - Assigned Pa 128'15 With Immediate Effect [HB4319 Detail]
Download: Michigan-2015-HB4319-Chaptered.html
Act No. 128
Public Acts of 2015
Approved by the Governor
July 15, 2015
Filed with the Secretary of State
July 15, 2015
EFFECTIVE DATE: July 15, 2015
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Rep. Nesbitt
ENROLLED HOUSE BILL No. 4319
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534.
The People of the State of Michigan enact:
Sec. 669. (1) Except as provided in subsections (2), (3), and (4), the driver of a motor vehicle transporting 16 or more passengers including the driver, a motor vehicle carrying passengers for hire, or a motor vehicle that is required to be marked or placarded under 49 CFR parts 100 to 180, before crossing a railroad track at grade, shall activate the vehicle hazard warning lights and stop the vehicle within 50 feet but not less than 15 feet from the nearest rail. While stopped, the driver shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train, and shall not proceed until the driver can do so safely. After stopping as required in this subsection, and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle that does not require changing gears while traversing the crossing. The driver shall not shift gears while crossing the track or tracks.
(2) A stop need not be made at a railroad track grade crossing where a police officer or a traffic-control signal directs traffic to proceed.
(3) A stop need not be made at an inactive railroad track grade crossing. As used in this subsection, “inactive railroad track” means a railroad track that meets all of the following requirements:
(i) The track has been covered or removed.
(ii) All signs, signals, and other warning devices are removed.
(4) A stop shall not be made at a railroad grade crossing marked with a sign reading “exempt”. Exempt signs may be erected only by or with the consent of the state transportation department after notice to and an opportunity to be heard by the primary railroad operating over that crossing.
(5) A person who violates this section is responsible for a civil infraction.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
