HOUSE BILL No. 4286


     February 17, 1999, Introduced by Reps. DeHart, Schermesser, Hale, Dennis, Kelly, Scott and Bogardus and referred to the Committee on Transportation.


        A bill to amend 1993 PA 354, entitled

   "Railroad code of 1993,"

   by amending section 391 (MCL 462.391).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 391.  (1) A railroad shall not permit a train to

 2    obstruct vehicular traffic on a public street or highway for

 3    longer than 5 minutes at any 1 time  , except the obstruction

 4     shall not be considered a violation under the following

 5     circumstances  UNLESS EITHER OF THE FOLLOWING CONDITIONS IS MET:

 6         (a)  If the  THE train is continuously moving in the same

 7    direction at not less than 10 miles per hour for not longer than

 8    7 minutes.

 9         (b)  If the  THE railroad can show that the incident

10    occurred as a result of a verifiable accident, mechanical

11    failure, or unsafe condition.


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 1         (2) A railroad shall not permit successive train movements

 2    to obstruct vehicular traffic on a public street or highway until

 3    all vehicular traffic previously delayed by  such  THOSE train

 4    movements has been cleared.

 5         (3) A railroad company shall not permit its employees to

 6    allow the activation of active traffic control devices at a rail-

 7    road grade crossing for more than 2 minutes if there is no inten-

 8    tion to move a train or track equipment through the crossing

 9    within 20 seconds to 60 seconds after the activation of the

10    devices.

11         (4) Each offense under this section  shall be  IS a separate

12    violation punishable by a fine of not more than $500.00 unless

13    the railroad is willfully, deliberately, and negligently blocking

14    vehicular traffic and then the fine shall be not more than

15    $1,000.00  and  PLUS the costs of prosecution.  IF THE OFFENSE IS

16    THE THIRD OR SUBSEQUENT VIOLATION WITHIN A 7-DAY PERIOD, THE FINE

17    SHALL BE $5,000.00 FOR EACH OFFENSE PLUS THE COSTS OF

18    PROSECUTION.  IF THE OFFENSE IS THE TENTH OR SUBSEQUENT VIOLATION

19    WITHIN A 7-DAY PERIOD, THE FINE SHALL BE $25,000.00 FOR EACH

20    OFFENSE PLUS THE COSTS OF PROSECUTION.

21         (5) All fines civil or otherwise collected by a local unit

22    of government in excess of $10,000.00 annually from the enforce-

23    ment of a local ordinance substantially similar to this section

24    shall be allocated as follows:

25         (a) Fifteen percent shall be retained by each local unit of

26    government for costs of enforcement of the ordinance.





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 1         (b) Eighty-five percent shall be deposited in a railroad

 2    grade crossing safety fund.  The revenue collected in this fund

 3    shall be used solely for railroad grade crossing safety projects

 4    in these local units of government.
















































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