Michigan Compiled Laws Act 300 Of 1909 Railroads (462.2 - 462.50)

AN ACT to define and regulate common carriers and the receiving, transportation, and delivery of persons and property; to prevent the imposition of unreasonable rates; to prevent unjust discrimination; to insure adequate service; to provide for certain powers and duties of certain state agencies and officials; to provide for the promulgation of rules; and to prescribe penalties for violations of this act.

History: 1909, Act 300, Eff. Sept. 1, 1909 ;-- Am. 1984, Act 10, Imd. Eff. Feb. 16, 1984

Section 462.2 Michigan Railroad Commission; Qualifications And Duties Of Commissioners; Removal; Pecuniary Interest Prohibited; Oath; Compensation And Expenses; Chairperson; Meetings; Quorum; Vacancy; Investigations, Inquiries, And Hearings; Employees And Appointments; Offices; Rules; Conferences.
(1) The commissioners shall have the following qualifications: One shall be an attorney having knowledge of and experience in law relating to common carriers;...
Section 462.2a Applicability Of Act.
This act does not apply to a railroad or a railroad, bridge, or tunnel company regulated by the railroad code of 1993, Act No....
Section 462.3 Definitions; Scope.
(a) The term “common carrier” as used in this act shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals,...
Section 462.4 Common Carrier; Duty To Serve; Rates; Through Routes; Rates; Joint Rates.
(a) Every common carrier is hereby required to furnish reasonably adequate service and facilities and shall provide and furnish transportation of passengers and property...
Section 462.5 Free Transportation; Penalty; Freight; Tickets.
(a) No common carrier, subject to the provisions of this act shall hereafter, directly or indirectly, issue or give any free ticket, free pass,...
Section 462.6 Switch Connection With Private Side Track; Order Of Commission; Rules; Spur Track; Payment Of Cost And Expenses; Disagreement.
(a) Any railroad, subject to the provisions of this act, upon application of any shipper tendering traffic for transportation, shall construct, maintain and operate...
Section 462.7 Interchange Of Traffic; Preferred Freight; Routing By Shippers Or Initial Carrier; Steam Railroads And Interurban And Suburban Railroads; Drawing Cars And Merchandise Of Connecting Lines; Local Traffic; Intrastate Traffic.
(a) All railroads subject to the provisions of this act shall afford all reasonable and proper facilities by the establishment of switch connections between...
Section 462.8 Railroads To Furnish Cars; Shortage, Preference, Regulation By Commission; Demurrage.
Every railroad shall, when within its power so to do, and upon reasonable notice, furnish suitable cars to any and all persons who may...
Section 462.9 Charges For Longer And Shorter Hauls; Governing Rate.
It shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater fare or rate...
Section 462.10 Schedule Of Rates; Filing With Commission; Public Inspection; Rate Change; Joint Tariff; Form Of Schedules; Filing And Publication Of Rates Required; Complaints; Military Traffic.
(a) Every common carrier subject to the provisions of this act shall file with the commission created by this act and print and keep...
Section 462.11 Special Contract Rates.
Nothing in this act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open...
Section 462.12 Freight Classification.
The classification of freight in this state shall be uniform on all railroads. History: 1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915,...
Section 462.13 Maintenance Of Depot Facilities; Joint Maintenance By Connecting Railroads; Discontinuance Of Passenger Service; Approval Of Commission; Appeal Of Order Of Commission.
(a) Every railroad, unless excused therefrom by the order of the commission made after petition and hearing, shall provide and maintain adequate depots and...
Section 462.14 Sidetracks, Spurs And Branches; Control By Commission; Abandonment Or Removal, Procedure.
The commission shall have control and jurisdiction over all sidetracks, spurs and branches insofar as the same are used or operated by common carriers....
Section 462.15 Continuous Carriage Of Freight; Unlawful Acts.
It shall be unlawful for any common carrier to enter into any combination, contract or agreement, express or implied, to prevent by change of...
Section 462.16 Rate Discrimination Unlawful; Compensation For Incidental Service.
If any common carrier or any agent or officer thereof shall, directly or indirectly, by any special rate, rebate, drawback, or by any means...
Section 462.17 Traffic Discrimination Unlawful.
It shall be unlawful for any common carrier, subject to the provisions of this act, to make or give any undue or unreasonable preference...
Section 462.18 Receiving Rebate Or Discrimination; Penalty.
It shall be unlawful for any person, firm or corporation knowingly to accept or to receive any rebate concession or discrimination in respect to...
Section 462.19 Civil Liability.
If any common carrier shall do, or cause to be done, or permit to be done, any matter, act or thing in this act...
Section 462.20 Failure To Report Unlawful.
It shall be unlawful for any officer, agent or employe of any common carrier to willfully fail or refuse to fill out and return...
Section 462.21 Fees; Disposition.
The commission shall charge and collect the following fees: For copies of papers and records not required to be certified or otherwise authenticated by...
Section 462.22 Rate Investigation On Complaint; Hearing, Order For Change In Schedules; Separate Hearings; Dismissal; Rate Investigation On Motion Of Commission; Order; Complaint By Common Carrier; Through Rates; Joint Rates.
(a) Upon complaint in writing of any person, firm or corporation or association, or of any mercantile, agricultural or manufacturing society, or of any...
Section 462.23 Commissioners; Powers; Issuance Of Subpoena By Court; Witness Fees; Depositions; Record Of Proceedings.
(a) Each of the commissioners, for the purposes mentioned in this act, shall have power to administer oaths, certify to official acts, issue subpoenas,...
Section 462.24 Orders Of Commission; Rescission Or Amendment.
The commission may, at any time upon application of any person or any common carrier, and upon at least 10 days' notice to the...
Section 462.25 Rates; Classification And Regulations Prescribed By Commission To Be Prima Facie Lawful; Express Companies.
All rates, fares, charges, classification and joint rates fixed by the commission and all regulations, practices and services prescribed by the commission shall be...
Section 462.26 Appeal To Court Of Appeals; Injunction; Equitable Powers; Preliminary Injunction; Additional Evidence; Judgment On Amended Order Or Original Order; Appeal To Circuit Court; Burden Of Proof.
(1) Except as otherwise provided in section 7 of Act No. 299 of the Public Acts of 1972, being section 460.117 of the Michigan...
Section 462.27 Process; Practice And Evidence; Incriminating Testimony; Perjury; Immunity; Orders As Evidence.
(a) In all actions and proceedings in court arising under this act all such process shall be served and the practice and rules of...
Section 462.28 Common Carriers; Authority Of Commission; Blanks; Inspection; Order To Produce Books; Penalty.
(a) The commission shall have authority to inquire into the management of the business of any common carrier and shall keep itself informed as...
Section 462.29 Common Carriers; Contracts And Free Transportation Lists; Annual Free Transportation List.
(a) Every common carrier whenever required by the commission shall, within a time to be fixed by the commission, deliver to the commission for...
Section 462.30 Common Carriers; Annual Statement, Contents, Time; Blanks; Additional Information; Earnings And Income, Report.
Every common carrier doing business in this state, or which shall hereafter do business in this state, and every person, firm or corporation owning...
Section 462.31 Freight Tariffs; Filing.
Any freight tariffs issued by common carriers relating to interstate traffic in this state or by any common carrier relating either to interstate or...
Section 462.32 Unreasonable Rate Or Practice; Regulation By Commission.
Whenever, after hearing and investigation as provided in this act, the commission shall find that any charge, regulation or practice affecting the transportation of...
Section 462.33 Accidents; Report; Investigation, Expense.
Every common carrier shall, whenever an accident occurs within this state upon its line or road or on its depot grounds or yards, give...
Section 462.34 Equipment And Structures; Inspection; Notice Of Repairs; Orders As To Rate Of Speed And Use Of Defective Equipment; Penalties, Forfeitures.
Whenever the commission shall have reasonable grounds to believe, either on complaint or otherwise, that any of the equipment, cars, tracks, bridges or other...
Section 462.35 Rules Regarding Maximum Speed Limits; Order; Effective Date Of Speed Limit.
(1) The state transportation department shall promulgate rules establishing the standards by which the director of the department shall determine maximum speed limits for...
Section 462.36 Equipment And Structures; Authority Of Commission.
Authority is hereby given to the said commission, and it shall be its duty, if it shall deem it advisable, to prescribe the use...
Section 462.37 Equipment And Structures; Hearing Prior To Order.
No order of the commission, made in pursuance of the provisions of sections 35 and 36 shall be made except upon examination, at which...
Section 462.38 Equipment And Structures; Refusal To Obey Order; Penalty.
Any common carrier that shall willfully neglect or refuse to obey or conform to any order of the commission made pursuant to either of...
Section 462.39 Fences; Inspection, Construction.
The railroad commission shall have power, and it shall be its duty, if it shall deem it practicable, in all cases to inspect and...
Section 462.40 Bill Of Lading; Liability Of Carrier; Statements Of Charges.
Whenever any property is received by any common carrier subject to the provisions of this act to be transported from 1 place to another...
Section 462.41 Violations; Investigation; Enforcement Of Act.
This commission shall inquire into any neglect or violation of the laws of this state by any such common carrier hereinbefore defined doing business...
Section 462.42 Investigation Of Claims.
All claims against any common carrier for loss or damage to property from any cause, or for over-charge upon any shipments, or for any...
Section 462.43 Liability For Violations; Penalty.
Any common carrier subject to the operation of this act, or whenever such common carrier is a corporation, any director or officer thereof, or...
Section 462.44 Police Powers Vested In Commission.
The police powers of the state over railroads, street railways, interurban railways and suburban street railways, whether operated by steam, electricity or other motive...
Section 462.45 Substantial Compliance.
A substantial compliance with the requirements of this act shall be sufficient to give effect to all rules, acts and regulations of the commission,...
Section 462.46 Rights Of Action; Penalties Cumulative.
This act shall not have the effect to release or waive any right of action by the state or by any person for any...
Section 462.47 Mandamus; Injunction; Civil Remedies.
In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions...
Section 462.48 Record Of Proceedings; Report To Governor, Contents, Publication.
The commission shall keep a record of all its findings, decisions, determinations and investigations under this act or under any other act prescribing its...
Section 462.49 Powers, Duties And Privileges Transferred To Commission; Saving Clause.
All powers, duties and privileges imposed and conferred under existing laws upon the commissioner of railroads, the railroad and street crossing board, the crossing...
Section 462.50 Legislation; Hearing On Changes; Recommendations.
The commission shall conduct a hearing and take testimony as to the advisability of any proposed change of law relative to any matter within...

Last modified: October 10, 2016