HB-4319, As Passed Senate, July 1, 2015

HOUSE BILL No. 4319

March 11, 2015, Introduced by Rep. Nesbitt and referred to the Committee on Transportation and Infrastructure.

     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.

House Bill No. 4319 as amended April 29, 2015

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 inactive railroad

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

"inactive railroad track" means a railroad track which that meets

all of the following requirements:

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

(i) (ii) The track has been covered or removed.

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

removed.

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

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 the primary railroad operating over that

industrial or spur line.crossing.

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

civil infraction.

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