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.