RAILROAD TRACK CROSSING                                                              H.B. 4319 & 4320:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bills 4319 and 4320 (as reported without amendment)

Sponsor:  Representative Aric Nesbitt

House Committee:  Transportation and Infrastructure

Senate Committee:  Transportation

CONTENT

House Bill 4319 would amend the Michigan Vehicle Code to revise exceptions to the requirement, before crossing a railroad track at grade, the driver of a motor vehicle transporting at least 16 passengers, carrying passengers for hire, or transporting hazardous materials, activate the vehicle hazard warning lights and stop the vehicle between 50 and 15 feet from the nearest rail.

The Code describes situations in which a stop does not have to be made, including at an abandoned railroad track grade crossing. "Abandoned railroad track" means a railroad track that meets all of the following requirements:

-- The track has been abandoned pursuant to Federal law.

-- The track has been covered or removed.

-- All signs, signals, and other warning devices are removed.

The bill would refer to an "inactive" railroad track grade crossing rather than an "abandoned" one. The second and third criteria in the definition of "abandoned railroad track" would apply to an inactive railroad track.

The Code also provides that a stop does not have to be made at an industrial or spur line railroad grade crossing marked with a sign reading "exempt". The bill would delete the reference to an industrial or spur line. The Code specifies that exempt signs may be erected only by or with the consent of the Michigan Department of Transportation (MDOT) after notice to and an opportunity to be heard by all railroads operating over that industrial or spur line.  The bill instead would require notice to and an opportunity to be heard by the primary railroad operating over that crossing.

House Bill 4320 would make similar revisions to the Pupil Transportation Act, which contains railroad crossing requirements applicable to bus drivers similar to those prescribed in the Vehicle Code, and includes a similar exception in the case of an abandoned railroad track grade crossing. The bill would refer to an inactive railroad track grade crossing rather than an abandoned one.

The bill also would add an exception identical to the one in the Vehicle Code, as it would be amended by House Bill 4319, for a railroad grade crossing marked as "exempt", subject to the same requirements regarding MDOT consent, notice, and the opportunity to be heard.

MCL 257.669 (H.B. 4319)                                               Legislative Analyst:  Julie Cassidy

       257.1857 (H.B. 4320)

FISCAL IMPACT

The bills would have no fiscal impact on State or local government.

Date Completed:  6-18-15                                                    Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.