Michigan Compiled Laws Act 354 Of 1993 Railroad Code Of 1993 (462.101 - 462.451)

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

Section 462.101 Short Title.
This act shall be known and may be cited as the “railroad code of 1993”. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.103 Meanings Of Words And Phrases.
The words and phrases in sections 105 to 109 shall have the meanings respectively ascribed to them in those sections. History: 1993, Act 354,...
Section 462.105 Definitions; A To G.
(1) “Active traffic control devices” means those traffic control devices located at or in advance of grade crossings, activated by the approach or presence...
Section 462.107 Definitions; H To P.
(1) “High speed rail corridor” means any railroad line having been formally designated by the United States department of transportation as a high speed...
Section 462.109 Definitions; R To W.
(1) "Railroad" means a person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating...
Section 462.131 Regulatory And Police Power Of Department; Rules.
(1) To the extent provided in this act, the department shall have and exercise regulatory and police power over railroad companies in this state...
Section 462.133 Records To Be Kept By Department.
The department shall keep a record of all its findings, decisions, determinations, and investigations under this act. History: 1993, Act 354, Imd. Eff. Jan....
Section 462.137 Reports To Be Furnished To Department.
Railroads shall furnish to the department copies of Michigan train-vehicle accident reports filed with the federal railroad administration. History: 1993, Act 354, Imd. Eff....
Section 462.153 Orders; Oaths; Official Acts; Subpoenas; Witnesses; Production Of Documents; Contempt; Witness Fees And Mileage; Depositions; Record Of Proceedings; Copy Of Transcript.
(1) The department, for the purposes mentioned in this act, may issue orders, may administer oaths, certify to official acts, issue subpoenas, and compel...
Section 462.155 Rescission, Alteration, Or Amendment Of Order.
The department, at any time upon application of a person and upon at least 10 days' notice to the parties interested, and after opportunity...
Section 462.157 Orders, Regulations, Practices, And Services; Effect.
All orders, lawfully promulgated regulations, practices, and services prescribed by the department shall be in force and shall be prima facie lawful and reasonable...
Section 462.159 Rehearing.
The department may grant a rehearing and alter, amend, or modify its previous findings and orders. History: 1993, Act 354, Imd. Eff. Jan. 14,
Section 462.161 Review Of Order; Time For Bringing Action.
The time allowed by law for bringing an action to review any order of the department, shall continue after the order denying a rehearing...
Section 462.171 Action To Vacate Or Set Aside Order; Issuance Of Injunction To Stay Or Suspend Order; Different Or Additional Evidence; Appeal; Burden Of Proof.
(1) Any railroad or other party in interest, being dissatisfied with any order of the department may within 30 days after the issuance of...
Section 462.173 Service Of Process; Practice And Rules Of Evidence; Execution Of Process; Certified Copies Of Orders.
(1) In all actions and proceedings in court arising under this act process shall be served and the practice and rules of evidence shall...
Section 462.175 Authority Of Department To Obtain Information.
The department may obtain from any party all necessary information to enable it to perform the duties and carry out the requirements set forth...
Section 462.201 Corporation; Formation; Purpose; Articles Of Association; Filing; Powers Of Subscribers; Increasing Or Decreasing Number Of Directors; Resolution.
(1) One or more persons may form a corporation for the purpose of constructing, operating, and maintaining a railroad, railroad bridge, or railroad tunnel...
Section 462.203 Stock Certificate; Signature; Seal.
The stock of every corporation, incorporated under this act, shall be represented by certificates signed by the president or vice-president, and the secretary or...
Section 462.205 Applicability Of Mcl 450.1101 To 450.2098 To Railroad Corporations.
The business corporation act, Act No. 284 of the Public Acts of 1972, being sections 450.1101 to 450.2098 of the Michigan Compiled Laws, shall...
Section 462.207 Records Of Corporations Formed Under Former Acts; Duration, Rights, And Limitations Of Existing Corporations.
(1) Within 30 days after the effective date of this act, the department, the secretary of state, or any other agency having records of...
Section 462.211 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.
(1) All of the corporate powers of any corporation organized under this act, or under any former act for the incorporation of railroads, are...
Section 462.213 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.
(1) A corporation organized under this act, or under any former act for the incorporation of railroads, upon a vote of its stockholders holding...
Section 462.215 Board Of Directors; Election; Classification; Terms; Meetings; Notice; Removal Of Directors Or Officers; Rules, Regulations, And Directions; Stockholder Vote By Proxy; Adjournment Of Meeting.
(1) At any meeting of stockholders for the election of directors, the stockholders may classify the directors into 3 classes, as near as may...
Section 462.217 Annual Meeting; Statement Of Affairs.
At each annual meeting of stockholders the board of directors shall present a clear and full statement of the affairs of the railroad company...
Section 462.219 Subscribers To Capital Stock; Payment In Installments; Forfeiture Of Stock For Neglect Or Refusal To Pay.
The board of directors may, by resolution, require the subscribers to the capital stock to pay the amounts by them respectively subscribed in a...
Section 462.221 Stock As Personal Estate; Transfer.
The stock of a railroad company is considered personal estate and is transferable in the manner and under such restrictions and conditions as may...
Section 462.223 Railroad Company; Liabilities And Restrictions.
A railroad company shall possess the general powers and be subject to the following liabilities and restrictions: (a) To cause such examinations and surveys...
Section 462.225 Ownership And Operation Of Steamboats, Barges, Or Vessels; Conditions.
A railroad company in this state having either or both of its terminals at the shore of 1 of the navigable lakes or streams...
Section 462.227 Ownership And Operation Of Steamboats, Barges, Or Vessels; Number; Restrictions.
(1) Any street railway, or any railroad company, organized under the laws of this state, may own and operate, in connection with its railway...
Section 462.229 Automobile Buses Or Motor Vehicles And Trailers; Ownership And Operation; Purpose; Aerial Transportation; Powers Of Railroad Company.
(1) Any railroad company operating a railroad in this state may own and operate automobile buses or motor vehicles and trailers for the purpose...
Section 462.231 Railroad Company; Organizing And Holding Interest In Subsidiary Corporation; Disposition Of Capital Stock Of Other Corporations; Rights, Powers, And Privileges Of Ownership.
A railroad company, where not prohibited by its articles of association or consolidation, may make use of such part of its property and assets...
Section 462.233 Cutting Dangerous Trees.
A railroad company owning, controlling, or operating any line or lines of railroad in this state shall cut any tree or trees that are...
Section 462.235 Land Held By Foreign Company; Transfer Of Title.
(1) A foreign railway company that has purchased land in this state to be used to facilitate and accommodate its business of receiving and...
Section 462.241 Acquisition Of Property In Manner Prescribed By Mcl 213.51 To 213.77; Exception.
If a railroad, bridge, or tunnel company, including a non-Michigan railroad company authorized to own and operate a railroad in this state, is unable...
Section 462.243 Purchase Of Land Belonging To State, City, Village, County, Or Township.
If a railroad company desires to purchase land belonging to the state or a city, village, county, or township, the state through the appropriate...
Section 462.245 Construction Of Bridges Or Tunnels; Acquisition Of Right-of-way; Issuance And Sale Of Bonds; Rights Of Railroad Bridge And Railroad Tunnel Companies.
(1) A railroad bridge or tunnel company organized under this act may construct bridges over or tunnels under the waters of this state to...
Section 462.247 Negotiation By Railroad Bridge Or Tunnel Company With Railroad Company; Purpose.
A railroad bridge or tunnel company may negotiate with any railroad company which may connect with its bridge or tunnel for the purpose of...
Section 462.249 Use Of Road And Bridge Or Tunnel; Compensation Charged By Railroad Bridge Or Tunnel Company; Terms.
(1) A railroad bridge or tunnel company may charge such fair compensation for the use of its road and bridge or tunnel by the...
Section 462.250 Acquisition Of Right-of-way By Railroad Company; Amount Offered For Damages; Eligibility Of Owners To Recover Or Collect Costs.
If a railroad company desires to acquire the right-of-way through any lands or premises, the company before or after proceedings are commenced for that...
Section 462.251 Removal Of Person From Train By Conductor Or Employee.
If a person refuses to pay his or her fare, or refuses to obey the regulations established for the convenience and safety of passengers,...
Section 462.253 Person Using Abusive, Profane, Or Indecent Language Or Exhibiting Violent Conduct; Powers Of Conductor.
A person who uses abusive, profane, or indecent language or exhibits violent conduct may be taken into custody by the conductor of the train...
Section 462.255 Conduct As Misdemeanor; Penalty; Powers Of Conductor Or Freight Agent; Duties Of Police Officer; Jurisdiction Of Court.
(1) A person who, while riding in the car of a freight, passenger, or other train on any railroad in this state, uses or...
Section 462.257 Conduct As Felony Or Misdemeanor; Penalties.
(1) A person who causes or attempts to cause the derailment of an engine, cars, or track vehicle used on railroad tracks by the...
Section 462.259 Liability Of Railroad Company For Loss Or Damage By Fire.
A railroad company building, owning, or operating a railroad in this state is liable for all loss or damage to property by fire originating...
Section 462.261 Liability Of Railroad Company For Death Or Injury To Passenger.
If a passenger on a train is killed or injured while on the platform of a car, or while in or on a baggage...
Section 462.263 Transportation Of Railroad Employees; Vehicles.
Vehicles used to transport railroad employees shall be equipped with adequate seating, heating, and communication systems and shall comply with all safety requirements to...
Section 462.265 Stringing Wire Over And Across Railway Right-of-way; Procedures; Construction Of Aerial Crossings; Dispute Between Parties; Order.
(1) A corporation or person shall not string any wire, electrical or other, over and across a railroad or street railway right-of-way unless 1...
Section 462.267 Light Or Banner Attached To Switch Or Derailing Device; Prohibited Conduct; Violation As Misdemeanor; Penalty.
(1) A person not authorized by a railroad company shall not destroy, remove, change, extinguish, or tamper with in any manner, any light or...
Section 462.271 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.
(1) If a railroad company, or its trustee or successor in interest, has an interest in real property adjacent to a right-of-way approved for...
Section 462.273 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.
(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural...
Section 462.301 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.
(1) The department, upon request of any interested party or by its own interest, may when it considers necessary assess the physical condition and...
Section 462.303 Traffic Control Devices; Determination And Order By Department.
The department, at no cost to the freight railroads or adjacent property owners, may order traffic control devices at existing farm, other private, bicycle,...
Section 462.305 Order Of Department.
An order of the department need not specify the details of the construction, repair, or reconstruction of a physical grade crossing unless the circumstances...
Section 462.307 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.
(1) A new public street, highway, or a new nonmotorized trail shall not be constructed across the tracks of any railroad, or the new...
Section 462.309 Maintenance, Renewal, And Repair Of Roadbeds, Tracks, Culverts, And Certain Streets Or Sidewalks.
(1) A railroad owning tracks across a public street or highway at grade shall at its sole cost and expense construct and thereafter maintain,...
Section 462.310 Culverts.
All culverts or other openings in or under the roadbed of a railroad to provide for the flow of water shall be constructed so...
Section 462.311 Passive Traffic Control Devices; Street Lighting.
(1) The road authority, at its own expense, shall furnish, renew, and maintain all passive traffic control devices on public streets or highways approaching...
Section 462.313 National Inventory Signs.
The railroad, at its own expense, shall furnish, renew, and maintain the national inventory signs at public and private crossings, grade separations, and bridges....
Section 462.315 Active Traffic Control Devices.
(1) The department, by order, in accordance with section 301, may prescribe active traffic control devices to warn of the approach of trains about...
Section 462.317 Clear Vision Areas; Expenditure Of Funds Relating To High Speed Rail Corridor.
(1) If a road authority determines to establish a clear vision area as described in this section, the railroad and a road authority may...
Section 462.318 Whistle Post; Erection And Maintenance As Notice To Engineer Of Approach To Public Crossing.
A railroad shall erect and maintain a whistle post in advance of a public crossing or multiple consecutive crossings to notify the engineer of...
Section 462.319 New Construction, Partial Reconstruction, Alteration, Or Removal Of Grade Separation.
(1) The construction of a new highway/railroad grade separation structure or the total reconstruction of an existing grade separation structure shall require a written...
Section 462.321 Acquisition Of Property Rights By Condemnation.
If a railroad and road authority enter into an agreement or if the department orders or otherwise authorizes the construction, relocation, or improvement of...
Section 462.323 Farm Crossings; Other Private Crossings.
(1) A farm crossing shall be constructed and maintained by the railroad at the expense of the party requesting the crossing. (2) Farm crossings...
Section 462.325 Fencing In Agricultural Areas; Other Areas.
(1) The department, after notice and hearing, may order a railroad to erect and maintain such fencing along railroad right-of-way in agricultural areas as...
Section 462.327 Bridges Carrying Railroad Traffic; Inspection; Applicability Of Section And Mcl 462.331 To 462.335.
All bridges carrying railroad traffic shall be inspected as set forth in this act. This section and sections 331 through 335 shall apply until...
Section 462.331 Bridge Carrying Railroad Traffic; Qualifications Of Inspector; Affidavit; Performance And Recording Of Inspections; Report; Reinspection And Order By Department.
(1) Any railroad owning a bridge carrying railroad traffic shall have the bridge inspected by a person with at least the minimum qualifications provided...
Section 462.333 Unsafe Bridge; Prohibited Conduct.
A railroad shall not operate or move any locomotive, railroad car, or railroad maintenance machinery, except such locomotives, cars, and machinery needed for bridge...
Section 462.335 Unsafe Bridge; Penalties For Certain Conduct.
(1) A railroad may be fined $10,000.00 for operating or moving any locomotive, railroad car, or railroad maintenance machinery not necessary for bridge repair...
Section 462.337 Applicability Of Act.
This act shall apply to any individual, partnership, association, or corporation, and their respective lessees, trustees, or receivers, appointed by a court, while engaged...
Section 462.339 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.
(1) A person shall not construct, erect, or place, and thereafter maintain, over or adjacent to any railroad track or sidetrack which is a...
Section 462.351 “operator” And “operate” Defined.
As used in sections 353 to 365, “operator” or “operate” means a person who is in actual physical control of a locomotive engine upon...
Section 462.353 Locomotive Engine; Operation By Person Under Influence Of Alcoholic Liquor Or Controlled Substance.
(1) A person who is under the influence of alcoholic liquor or a controlled substance, or a combination of alcoholic liquor and a controlled...
Section 462.355 Repealed. 2002, Act 658, Eff. Apr. 1, 2003.
Compiler's Notes: The repealed section pertained to visible impairment of ability to operate locomotive engine.
Section 462.357 Locomotive Engine; Authorization Or Knowledge Of Operation By Person Under Influence Of Alcoholic Liquor Or Controlled Substance.
The owner of a locomotive engine or the person in charge or in control of a locomotive engine, or a person acting as a...
Section 462.359 Chemical Test And Analysis Of Operator's Blood, Urine, Or Breath.
(1) The amount of alcohol or presence of a controlled substance or both in the operator's blood at the time alleged as shown by...
Section 462.361 Chemical Tests Of Blood, Breath, Or Urine; Consent; Administration.
(1) A person who operates a locomotive engine upon the railroad tracks of this state is considered to have given consent to chemical tests...
Section 462.363 Refusal To Submit To Chemical Test; Report.
If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 359, a test shall...
Section 462.365 Report Of Certain Convictions; Form.
If a person is convicted of a violation of section 353 or of a local ordinance substantially corresponding to section 353(1) or (2), a...
Section 462.367 Railroad Police Officer; Appointment; Commission; Eligibility; Duration Of Commission; Employment Before Certain Date.
(1) Upon application in writing of a company owning, leasing, using, or operating any railroad company in this state, whether by steam, electricity, or...
Section 462.369 Railroad Police Officer Applicant; Cost Of Training.
The cost of training an individual who is an applicant for a railroad police officer commission to meet the minimum training standards prescribed in...
Section 462.371 Railroad Police Officer; Application Fee; Identification.
An application for the appointment of a railroad police officer shall be accompanied by a fee of $100.00 and by 2 photographs of and...
Section 462.373 Railroad Police Officer; Notice Of Appointment.
When the director of the department of state police appoints a railroad police officer, the director shall give notice of the commission to the...
Section 462.375 Railroad Police Officer; Oath.
Before performing the duties of office and within 30 days after receiving notice from the director of the department of state police of appointment,...
Section 462.377 Railroad Police Officer; Duties And Powers.
Every railroad police officer, who is appointed and commissioned as provided in this act, shall have, exercise, and possess, throughout the state, while in...
Section 462.379 Keepers Of Jails, Lockups, And Station Houses.
The keepers of jails, lockups, and station houses in any county, city, village, or township shall receive all persons arrested by a railroad police...
Section 462.381 Railroad Police Officer; Wearing And Receiving Badge.
A railroad police officer appointed and commissioned under this act, when on duty as provided in this act, shall wear a metallic badge with...
Section 462.383 Railroad Police Officer; Surety Bond.
A railroad police officer appointed and commissioned under this act, before entering upon the discharge of his or her duties, shall give a surety...
Section 462.385 Railroad Police Officer; Delivery Of Commission; Identification Card; Roster.
(1) Upon filing the official oath and bond, and the payment of the fee, as required by this act, the director of the department...
Section 462.387 Railroad Police Officer; Compensation.
The compensation for a railroad police officer shall be paid by the company for which the railroad police officer is appointed. History: 1993, Act...
Section 462.389 Railroad Police Officer; Termination.
When a company terminates the services of a railroad police officer, it shall file a notice to that effect with the director of the...
Section 462.390 Conductor Or Flagperson; Requirements For Employment; Applicability Of Section; Substantial Compliance; Enforcement.
(1) A person shall not be employed as a conductor on a railroad freight train in this state without having 2 years' prior experience...
Section 462.391 Obstruction Of Vehicular Traffic; Offenses As Separate Violations; Penalty; Allocation Of Fines.
(1) A railroad shall not permit a train to obstruct vehicular traffic on a public street or highway for longer than 5 minutes at...
Section 462.400 Employee Sanitation And Shelter Facilities; Rules; Compliance With Section.
(1) All railroads shall be required to provide adequate sanitation and shelter facilities for their employees. (2) In accordance with section 31 of the...
Section 462.402 Definitions; Unreasonable Endangerment Of Employee; Complaint By Employee Or Union; Inspection By Department; Notice; Order; Hearing; Appeal; Enforcement.
(1) As used in this section: (a) “Legal control” means legal control in whole or in part of any safe space. (b) “Person” means,...
Section 462.431 Liens; Effect.
(1) All claims arising out of the death or personal injury of any person resulting from the negligence of any street railway or railroad...
Section 462.441 Administration Of Act; Investigation Of Complaints; Violation Or Noncompliance; Penalty; Inspections; Hearing; Action To Recover Penalties; Enforcement; Remedies.
(1) The department shall administer this act and investigate complaints alleging a violation of this act. (2) Unless a specific penalty is otherwise provided...
Section 462.450 Applicability Of Act To Street Railway Organized Under Mcl 472.1 To 472.31.
This act does not apply to a street railway organized under the nonprofit street railway act, 1867 PA 35, MCL 472.1 to 472.31. History:...
Section 462.451 Repeal Of Certain Acts And Parts Of Acts.
The following acts and parts of acts are repealed: (a) Section 27 of chapter 1 of Act No. 283 of the Public Acts of...

Last modified: October 10, 2016