HOUSE BILL No. 5158

 

September 5, 2007, Introduced by Rep. Sheen and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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 C.F.R. 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 abandoned railroad track

 

grade crossing. As used in this subsection, "abandoned railroad

 

track" means a railroad track which meets all of the following

 

requirements:

 

     (a) (i) The track has been abandoned pursuant to federal law.

 

     (b) (ii) The track has been covered or removed, has been

 

partially removed at or adjacent to the railroad track grade

 

crossing, or is otherwise unusable for rail transportation.

 

     (c) (iii) All signs, signals, and other warning devices are

 

removed.

 

     (4) A stop shall not be made at an industrial or spur line

 

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 all railroads operating over that industrial or spur line.

 

     (5) A person who violates this section is responsible for a

 


civil infraction.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5159(request no.

 

03450'07 a) of the 94th Legislature is enacted into law.