MCL - Act 354 of 1993


Act 354 of 1993

AN ACT to revise, consolidate, and codify the laws relating to railroads and their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to create certain funds; to provide for the disposition of certain money; to provide remedies and penalties; and to repeal certain acts and parts of acts.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994

The People of the State of Michigan enact:
Document Type Description
Section 462.101 Section Short title.
Section 462.103 Section Meanings of words and phrases.
Section 462.105 Section Definitions; A to G.
Section 462.107 Section Definitions; H to P.
Section 462.109 Section Definitions; R to W.
Section 462.131 Section Regulatory and police power of department; rules.
Section 462.133 Section Records to be kept by department.
Section 462.137 Section Reports to be furnished to department.
Section 462.153 Section Orders; oaths; official acts; subpoenas; witnesses; production of documents; contempt; witness fees and mileage; depositions; record of proceedings; copy of transcript.
Section 462.155 Section Rescission, alteration, or amendment of order.
Section 462.157 Section Orders, regulations, practices, and services; effect.
Section 462.159 Section Rehearing.
Section 462.161 Section Review of order; time for bringing action.
Section 462.171 Section Action to vacate or set aside order; issuance of injunction to stay or suspend order; different or additional evidence; appeal; burden of proof.
Section 462.173 Section Service of process; practice and rules of evidence; execution of process; certified copies of orders.
Section 462.175 Section Authority of department to obtain information.
Section 462.201 Section Corporation; formation; purpose; articles of association; filing; powers of subscribers; increasing or decreasing number of directors; resolution.
Section 462.203 Section Stock certificate; signature; seal.
Section 462.205 Section Applicability of MCL 450.1101 to 450.2098 to railroad corporations.
Section 462.207 Section Records of corporations formed under former acts; duration, rights, and limitations of existing corporations.
Section 462.211 Section Board of directors; corporate powers; stockholders entitled to vote for directors; election of president; powers of board of directors generally; voting by stockholders; quorum; vacancy.
Section 462.213 Section Articles of association; alteration and amendment; signature; certification; filing; effect; recording; powers of railroad company; copies as prima facie evidence; public inspection of records and files.
Section 462.215 Section Board of directors; election; classification; terms; meetings; notice; removal of directors or officers; rules, regulations, and directions; stockholder vote by proxy; adjournment of meeting.
Section 462.217 Section Annual meeting; statement of affairs.
Section 462.219 Section Subscribers to capital stock; payment in installments; forfeiture of stock for neglect or refusal to pay.
Section 462.221 Section Stock as personal estate; transfer.
Section 462.223 Section Railroad company; liabilities and restrictions.
Section 462.225 Section Ownership and operation of steamboats, barges, or vessels; conditions.
Section 462.227 Section Ownership and operation of steamboats, barges, or vessels; number; restrictions.
Section 462.229 Section Automobile buses or motor vehicles and trailers; ownership and operation; purpose; aerial transportation; powers of railroad company.
Section 462.231 Section Railroad company; organizing and holding interest in subsidiary corporation; disposition of capital stock of other corporations; rights, powers, and privileges of ownership.
Section 462.233 Section Cutting dangerous trees.
Section 462.235 Section Land held by foreign company; transfer of title.
Section 462.241 Section Acquisition of property in manner prescribed by MCL 213.51 to 213.77; exception.
Section 462.243 Section Purchase of land belonging to state, city, village, county, or township.
Section 462.245 Section Construction of bridges or tunnels; acquisition of right-of-way; issuance and sale of bonds; rights of railroad bridge and railroad tunnel companies.
Section 462.247 Section Negotiation by railroad bridge or tunnel company with railroad company; purpose.
Section 462.249 Section Use of road and bridge or tunnel; compensation charged by railroad bridge or tunnel company; terms.
Section 462.250 Section Acquisition of right-of-way by railroad company; amount offered for damages; eligibility of owners to recover or collect costs.
Section 462.251 Section Removal of person from train by conductor or employee.
Section 462.253 Section Person using abusive, profane, or indecent language or exhibiting violent conduct; powers of conductor.
Section 462.255 Section Conduct as misdemeanor; penalty; powers of conductor or freight agent; duties of police officer; jurisdiction of court.
Section 462.257 Section Conduct as felony or misdemeanor; penalties.
Section 462.259 Section Liability of railroad company for loss or damage by fire.
Section 462.261 Section Liability of railroad company for death or injury to passenger.
Section 462.263 Section Transportation of railroad employees; vehicles.
Section 462.265 Section Stringing wire over and across railway right-of-way; procedures; construction of aerial crossings; dispute between parties; order.
Section 462.267 Section Light or banner attached to switch or derailing device; prohibited conduct; violation as misdemeanor; penalty.
Section 462.271 Section Offer to sell certain property; contents of offer; disagreement as to price or other terms; application to state tax commission to resolve disagreement; hearing; decision and order; determination of fair market value; appraisals; applicability of section.
Section 462.273 Section Walking, riding, driving, or being upon or along right-of-way or yard; permission required; “right-of-way” defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty.
Section 462.301 Section Grade crossings; diagnostic study team review; notice; decision; order; consensus during review not reached; cost of necessary changes; funding sources; administration and expenditure of funds; notice of corrective action.
Section 462.303 Section Traffic control devices; determination and order by department.
Section 462.305 Section Order of department.
Section 462.307 Section Construction; approval required; investigation of proposed crossing location; changing location or abolishing existing public grade crossing; hearing; order; action against department to vacate or set aside order; construction across high-speed rail corridor; granting or denying permission for crossing; cost; furnishing inspector; request for reconstruction, change, widening, or alteration; abandonment; removal of track and traffic control devices.
Section 462.309 Section Maintenance, renewal, and repair of roadbeds, tracks, culverts, and certain streets or sidewalks.
Section 462.310 Section Culverts.
Section 462.311 Section Passive traffic control devices; street lighting.
Section 462.313 Section National inventory signs.
Section 462.315 Section Active traffic control devices; maintenance payments.
Section 462.317 Section Clear vision areas; expenditure of funds relating to high speed rail corridor.
Section 462.318 Section Whistle post; erection and maintenance as notice to engineer of approach to public crossing.
Section 462.319 Section New construction, partial reconstruction, alteration, or removal of grade separation.
Section 462.321 Section Acquisition of property rights by condemnation.
Section 462.323 Section Farm crossings; other private crossings.
Section 462.325 Section Fencing in agricultural areas; other areas.
Section 462.327 Section Bridges carrying railroad traffic; inspection; applicability of section and MCL 462.331 to 462.335.
Section 462.331 Section Bridge carrying railroad traffic; qualifications of inspector; affidavit; performance and recording of inspections; report; reinspection and order by department.
Section 462.333 Section Unsafe bridge; prohibited conduct.
Section 462.335 Section Unsafe bridge; penalties for certain conduct.
Section 462.337 Section Applicability of act.
Section 462.339 Section Construction, erection, placement, and maintenance of a bridge, structure, pole, or other obstruction or loading or unloading device; compliance with clear spaces; exceptions; application; warning signs; required distance for construction of railroad track or sidetrack; inspection; report; violation; penalty; failure to correct violation; applicability of section.
Section 462.351 Section “Operator” and “operate” defined.
Section 462.353 Section Locomotive engine; operation by person under influence of alcoholic liquor or controlled substance.
Section 462.355 Section Repealed. 2002, Act 658, Eff. Apr. 1, 2003.
Section 462.357 Section Locomotive engine; authorization or knowledge of operation by person under influence of alcoholic liquor or controlled substance.
Section 462.359 Section Chemical test and analysis of operator's blood, urine, or breath.
Section 462.361 Section Chemical tests of blood, breath, or urine; consent; administration.
Section 462.363 Section Refusal to submit to chemical test; report.
Section 462.365 Section Report of certain convictions; form.
Section 462.367 Section Railroad police officer; appointment; commission; eligibility; duration of commission; employment before certain date.
Section 462.369 Section Railroad police officer applicant; cost of training.
Section 462.371 Section Railroad police officer; application fee; identification.
Section 462.373 Section Railroad police officer; notice of appointment.
Section 462.375 Section Railroad police officer; oath.
Section 462.377 Section Railroad police officer; duties and powers.
Section 462.379 Section Keepers of jails, lockups, and station houses.
Section 462.381 Section Railroad police officer; wearing and receiving badge.
Section 462.383 Section Railroad police officer; surety bond.
Section 462.385 Section Railroad police officer; delivery of commission; identification card; roster.
Section 462.387 Section Railroad police officer; compensation.
Section 462.389 Section Railroad police officer; termination.
Section 462.390 Section Conductor or flagperson; requirements for employment; applicability of section; substantial compliance; enforcement.
Section 462.391 Section Obstruction of vehicular traffic; offenses as separate violations; penalty; allocation of fines.
Section 462.400 Section Employee sanitation and shelter facilities; rules; compliance with section.
Section 462.402 Section Definitions; unreasonable endangerment of employee; complaint by employee or union; inspection by department; notice; order; hearing; appeal; enforcement.
Section 462.431 Section Liens; effect.
Section 462.441 Section Administration of act; investigation of complaints; violation or noncompliance; penalty; inspections; hearing; action to recover penalties; enforcement; remedies.
Section 462.450 Section Applicability of act to street railway organized under MCL 472.1 to 472.31.
Section 462.451 Section Repeal of certain acts and parts of acts.