Bill Text: MI HB5643 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; traffic regulation; certain criteria for operation of a vehicle at railroad crossings; expand. Amends secs. 13f, 660, 660d, 667, 668 & 669 of 1949 PA 300 (MCL 257.13f et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-20 - Assigned Pa 394'18 With Immediate Effect [HB5643 Detail]
Download: Michigan-2017-HB5643-Engrossed.html
HB-5643, As Passed Senate, December 11, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5643
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 667, 668, and 669 (MCL 257.667, 257.668, and
257.669), sections 667 and 668 as amended by 2002 PA 534 and
section 669 as amended by 2015 PA 128.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 667. (1) When a person driving a vehicle approaches a
railroad grade crossing under any of the following circumstances,
the driver shall stop the vehicle not more than 50 feet but not
less than 15 feet from the nearest rail of the railroad, and shall
not proceed until the driver can do so safely:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train or
other on-track equipment.
(b) A crossing gate is lowered or a flagman gives or continues
to give a signal of the approach or passage of a railroad train or
other on-track equipment.
(c) A railroad train or other on-track equipment approaching
within approximately 1,500 feet of the highway crossing gives a
signal audible from that distance, and the railroad train or on-
track equipment by reason of its speed or nearness to the crossing
is an immediate hazard.
(d) An approaching railroad train or other on-track equipment
is plainly visible and is in hazardous proximity to the crossing.
(2) A person shall not drive a vehicle through, around, or
under a crossing gate or barrier at a railroad crossing while the
gate or barrier is closed or is being opened or closed or against
the direction of a police officer.
(3) A person who violates this section is responsible for a
civil infraction.
Sec. 668. (1) The state transportation department with respect
to
highways under its jurisdiction , and
the county road
commissions , and local authorities with reference respect to
highways
under their jurisdiction , may
designate certain grade
crossings of railways by highways as "stop" crossings, and erect
signs at the crossings notifying drivers of vehicles upon the
highway to come to a complete stop before crossing the railway
tracks.
When a crossing is so designated and signposted as provided
in this subsection, the driver of a vehicle shall stop not more
than 50 feet but not less than 15 feet from the railway tracks. The
driver shall then traverse the crossing when it may be done in
safety.
(2) The state transportation department with respect to
highways
under its jurisdiction , and
the county road commissions ,
and
local authorities with reference respect to highways under
their
jurisdiction , may
designate certain grade crossings of
railways by highways as yield crossings, and erect signs at the
crossings notifying drivers of vehicles upon the highway to yield.
Yield
signs may be mounted on the same post as is the crossbuck
sign. Drivers of vehicles approaching a yield sign at the grade
crossing of a railway shall maintain a reasonable speed based upon
existing conditions and shall yield the right-of-way. The cost of
yield sign installations shall be borne equally by the railroad and
the governmental authority under whose jurisdiction the highway
rests. The erection of or failure to erect, replace, or maintain a
stop
or yield sign or other railroad warning device, unless such
devices
or signs were the device or
sign was ordered by public
authority,
shall is not be a basis for an action of negligence
against the state transportation department, county road
commissions, the railroads, or local authorities.
(3) If other on-track equipment does not trigger the
activation of an electric or mechanical signal device, and
employees of the railroad have followed all applicable railroad
operating rules, there is no basis for a civil action against the
railroad that operated the other on-track equipment, the state
transportation department, a county road commission, or a local
authority, or an employee or agent of the railroad that operated
the other on-track equipment, the state transportation department,
a county road commission, or a local authority.
(4) (3)
A person who fails to stop or yield
as required by
this section is responsible for a civil infraction.
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 railroad train or other on-track equipment and for
signals indicating the approach of a railroad train or other on-
track equipment, 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:
(a) (i) The
track has been covered or removed.
(b) (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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
