reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.255 - Conduct as Misdemeanor; Penalty; Powers of Conductor or Freight Agent; Duties of Police Officer; Jurisdiction of Court.

462.255 Conduct as misdemeanor; penalty; powers of conductor or freight agent; duties of police officer; jurisdiction of court.
Sec. 255.
(1) A person who, while riding in the car of a freight, passenger, or other train on any railroad in this state, uses or utters indecent, obscene, or profane language in the hearing of other passengers, riotously or boisterously conducts himself or herself to the annoyance of other passengers, or who obtains or attempts to obtain money or property from any passenger or person by means of any game or device, shall, on conviction, be guilty of a misdemeanor, punishable by a fine of not to exceed $100.00, or imprisonment for not to exceed 90 days, or both.
(2) Railroad conductors are hereby invested with the powers of sheriffs and constable in regard to offenses under this section occurring upon trains or cars in their charge, and may arrest and detain a person who violates this section until the car or train arrives at a usual stopping place, where the conductor may deliver the person to a police officer with a written statement specifying generally the offense or offenses the person has committed.
(3) If a police officer is not present to receive the person, the conductor may deliver him or her to the ticket or freight agent at that stopping place, with the statement. The freight agent shall detain the offender in his or her custody, and may exercise the powers of sheriffs and constables in regard to persons charged with crimes in doing so, until a police officer may be obtained to take charge of the offender.
(4) The police officer shall institute a complaint against the person for the alleged offense before the district or municipal court of the judicial district or municipality in which the offense was committed. The court shall have jurisdiction to try the offender and to impose the penalties authorized by this section.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
Compiler's Notes:
In subsection (2), the phrase “of sheriffs and constable” evidently should read “of sheriffs and constables.”
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.257 - Conduct as Felony or Misdemeanor; Penalties.

462.257 Conduct as felony or misdemeanor; penalties.
Sec. 257.
(1) A person who causes or attempts to cause the derailment of an engine, cars, or track vehicle used on railroad tracks by placing an impediment on the track of a railroad, whether the engine, cars, or track vehicle are thrown from the track or not, or who by any other means whatsoever willfully endangers or attempts to endanger the lives of persons engaged in the work of the railroad, or persons traveling on the engine or cars of the railroad, is guilty of a felony punishable by imprisonment for life or any term of years, in the discretion of the court. It is not necessary for the people to allege or prove that the person intended to injure or endanger the life of any particular person or persons.
(2) A person who throws a stone, brick, or other missile at a train or track vehicle is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or imprisonment for not more than 90 days, or both.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2020, Act 386, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.259 - Liability of Railroad Company for Loss or Damage by Fire.

462.259 Liability of railroad company for loss or damage by fire.
Sec. 259.
A railroad company building, owning, or operating a railroad in this state is liable for all loss or damage to property by fire originating from engines passing over the roads, fires set by company employees by order of the officers of the road, or otherwise originating in the constructing or operating of the railroad. However, a railroad company is not liable if it proves to the satisfaction of the court or jury that the fire originated from fire by engines whose machinery or smokestack was in good order and properly managed, or fires originating in building, operating, or repairing the railroad, and that all reasonable precautions had been taken to prevent their origin, and that proper efforts had been made to extinguish the fire in case of their extending beyond the limits of the road, when the existence of the fire is communicated to any of the officers of the company.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.261 - Liability of Railroad Company for Death or Injury to Passenger.

462.261 Liability of railroad company for death or injury to passenger.
Sec. 261.
If a passenger on a train is killed or injured while on the platform of a car, or while in or on a baggage or freight car, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside its passenger cars then in the train, the company shall not be liable for the injury, if the injury occurs due to the person being improperly on the platform or within the baggage or freight car, or after having been notified by the conductor or any other person having charge of the train, that the person is not in the proper place if the company at the time furnished room and seats inside its passenger cars sufficient for the proper accommodation of its passengers.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.263 - Transportation of Railroad Employees; Vehicles.

462.263 Transportation of railroad employees; vehicles.
Sec. 263.
Vehicles used to transport railroad employees shall be equipped with adequate seating, heating, and communication systems and shall comply with all safety requirements to operate on Michigan highways. This section shall not apply to motor vehicles used to transport employees on railroad property or in cases of extreme emergency unless the condition of the vehicle endangers employee safety. If a dispute arises as to the adequacy of the facilities provided, it may be submitted to and decided by the department.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.265 - Stringing Wire Over and Across Railway Right-of-Way; Procedures; Construction of Aerial Crossings; Dispute Between Parties; Order.

462.265 Stringing wire over and across railway right-of-way; procedures; construction of aerial crossings; dispute between parties; order.
Sec. 265.
(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 of the following procedures is followed:
(a) For crossings within the right-of-way of a public street, highway, road, or alley, notification shall first be given to the railroad company and railroad authority of the place and the manner in which the corporation or person desires to string any wire 30 calendar days prior to performance of the work unless the parties otherwise agree.
(b) For crossings at any other location not within the right-of-way of a public street, highway, road, or alley, notification shall first be given to the railroad company and railroad authority in writing of the place and the manner in which the corporation or person desires to string the wire and written or telegraphic permission shall be received from the railroad company and railroad authority prior to performance of the work. The railroad company shall respond positively or negatively to the request within 90 calendar days after the receipt of the request.
(2) Any aerial crossings shall be constructed in accordance with specifications of the Michigan public service commission and all applicable codes and laws.
(3) In case of a dispute emanating from subsections (1) and (2) which the parties cannot resolve within a reasonable time, either party may petition the department for a hearing. The department shall have jurisdiction to settle the dispute between the parties.
(4) Upon proof of violation of or failure to comply with subsections (1) and (2), a court of competent jurisdiction may issue an order immediately enjoining the violation.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.267 - Light or Banner Attached to Switch or Derailing Device; Prohibited Conduct; Violation as Misdemeanor; Penalty.

462.267 Light or banner attached to switch or derailing device; prohibited conduct; violation as misdemeanor; penalty.
Sec. 267.
(1) A person not authorized by a railroad company shall not destroy, remove, change, extinguish, or tamper with any light or banner attached to or connected with any switch or derailing device maintained by a railroad company.
(2) A person who violates this section is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00 or by imprisonment for not more than 60 days.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2020, Act 386, Eff. Mar. 24, 2021
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.303 - Traffic Control Devices; Determination and Order by Department.

462.303 Traffic control devices; determination and order by department.
Sec. 303.
The department, at no cost to the freight railroads or adjacent property owners, may order traffic control devices at existing farm, other private, bicycle, and pedestrian crossings of the railroad tracks of a high speed rail corridor including signs, signals, crossing gates, movable barriers, or other devices. The department may determine the number, type, and location of signs, signals, gates, or other types of safety devices which shall conform as closely as possible with generally recognized national standards.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.305 - Order of Department.

462.305 Order of department.
Sec. 305.
An order of the department need not specify the details of the construction, repair, or reconstruction of a physical grade crossing unless the circumstances surrounding a particular grade crossing so require. An order of the department shall take into consideration time required for design, acquisition of materials, and construction time, including seasonal difficulties, and the volume of similar projects pending.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.310 - Culverts.

462.310 Culverts.
Sec. 310.
All culverts or other openings in or under the roadbed of a railroad to provide for the flow of water shall be constructed so as not to interfere with the drainage of the land above the railroad.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.311 - Passive Traffic Control Devices; Street Lighting.

462.311 Passive traffic control devices; street lighting.
Sec. 311.
(1) The road authority, at its own expense, shall furnish, renew, and maintain all passive traffic control devices on public streets or highways approaching grade crossings of streets and highways with railroad tracks, including the various advance warning signs, railroad pavement markings, railroad grade crossing signs, number of tracks signs, and other special signs located, designed, and maintained as prescribed by the Michigan manual of uniform traffic control devices. The number of tracks sign shall include a designation "railroad crossing _____ tracks" (insert number of tracks), indicating the actual number of tracks to be crossed. If there is only 1 track in the crossing, the sign stating the number of tracks shall be omitted. These passive traffic control devices shall conform to designs prescribed by the department and shall be subject to revision from time to time as the department considers necessary in the interest of public safety, conforming as closely as possible with generally recognized national standards.
(2) The department, for the purposes of this act, may install and maintain or arrange for the installation and maintenance of highway street lighting at any grade crossing of a state trunkline highway.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.313 - National Inventory Signs.

462.313 National inventory signs.
Sec. 313.
The railroad, at its own expense, shall furnish, renew, and maintain the national inventory signs at public and private crossings, grade separations, and bridges.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.317 - Clear Vision Areas; Expenditure of Funds Relating to High Speed Rail Corridor.

462.317 Clear vision areas; expenditure of funds relating to high speed rail corridor.
Sec. 317.
(1) If a road authority determines to establish a clear vision area as described in this section, the railroad and a road authority may agree in writing for clear vision areas with respect to a particular crossing. The portions of the right-of-way and property owned and controlled by the respective parties within an area to be provided for clear vision shall be considered as dedicated to the joint usage of both railroad and road authority.
(2) The acquisition of right-of-way, purchase and removal of obstructions within a clear vision area, including buildings and other artificial constructions, trees, brush, and other growths, and grading or earthwork, and including the maintenance of such conditions, shall be at the equal cost and expense of the railroad and road authority.
(3) For public, farm, bicycle, pedestrian, or other private crossings of the railroad tracks of a high speed rail corridor, state, federal, and other funds may be expended in accordance with section 301(4) for construction of access roads, purchase of real estate, purchase of private crossing easements, compensation for crossing closure, utility relocation, costs associated with improvements to traffic control devices, grade crossing closures, relocations, consolidations, and separations.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.318 - Whistle Post; Erection and Maintenance as Notice to Engineer of Approach to Public Crossing.

462.318 Whistle post; erection and maintenance as notice to engineer of approach to public crossing.
Sec. 318.
A railroad shall erect and maintain a whistle post in advance of a public crossing or multiple consecutive crossings to notify the engineer of an approaching public crossing.
History:
Add. 2010, Act 106, Imd. Eff. July 1, 2010
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.321 - Acquisition of Property Rights by Condemnation.

462.321 Acquisition of property rights by condemnation.
Sec. 321.
If a railroad and road authority enter into an agreement or if the department orders or otherwise authorizes the construction, relocation, or improvement of a railroad crossing at grade, the construction of a grade separation structure, the reconstruction of an existing grade separation, the alteration of existing grade separations for increased highway or railroad facilities, or the establishment of a clear vision area, the right-of-way and other property rights necessary for the project, unless otherwise agreed upon, shall be acquired by condemnation in the same manner as property is acquired for other highway purposes.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.323 - Farm Crossings; Other Private Crossings.

462.323 Farm crossings; other private crossings.
Sec. 323.
(1) A farm crossing shall be constructed and maintained by the railroad at the expense of the party requesting the crossing.
(2) Farm crossings shall be of such width and condition as shall permit expeditious and safe passage of large farm machinery.
(3) A railroad may permit the establishment and use of other private crossings on such terms as may be negotiated between the requesting party and the railroad.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.325 - Fencing in Agricultural Areas; Other Areas.

462.325 Fencing in agricultural areas; other areas.
Sec. 325.
(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 shall be necessary to prevent livestock from entry upon that right-of-way. Such fencing shall not be required unless the other boundaries of the property are fenced.
(2) In agricultural areas, the cost and expense of installation, maintenance, and repair of fencing shall be borne by the railroad. However, if gates or cattle guards are necessitated by the existence of a farm crossing, the cost and expense of installation, maintenance, and repair of such gates or cattle guards shall be considered a cost of the crossing to be borne by the party requesting the gates or cattle guards.
(3) The owner or proprietors of the adjacent farm lands, upon 30 days' written notice to the railroad, may erect or repair the fence and then may recover from the railroad in any court of competent jurisdiction the cost of the fence, together with reasonable compensation for labor in the construction of the fence. The railroad shall also be liable for damages caused by its agents, engines, or cars to livestock by reason of the livestock escaping due to failure to construct or maintain a fence.
(4) The responsibility for and cost of installation, maintenance, and repair of fences in all other areas shall be borne by the property owner adjacent to the railroad unless the fencing is necessitated by the construction of new or the expansion of existing rail facilities, in which case the costs shall be borne by the railroad. The installation of fencing shall be consistent with the clearance requirement of this act. Conflicts between the parties shall be submitted to and decided by the department by order.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.327 - Bridges Carrying Railroad Traffic; Inspection; Applicability of Section and MCL 462.331 to 462.335.

462.327 Bridges carrying railroad traffic; inspection; applicability of section and MCL 462.331 to 462.335.
Sec. 327.
All bridges carrying railroad traffic shall be inspected as set forth in this act. This section and sections 331 through 335 shall apply until federal law is enacted requiring the periodic inspection of bridges carrying railroad traffic.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.331 - Bridge Carrying Railroad Traffic; Qualifications of Inspector; Affidavit; Performance and Recording of Inspections; Report; Reinspection and Order by Department.

462.331 Bridge carrying railroad traffic; qualifications of inspector; affidavit; performance and recording of inspections; report; reinspection and order by department.
Sec. 331.
(1) Any railroad owning a bridge carrying railroad traffic shall have the bridge inspected by a person with at least the minimum qualifications provided by this section. Inspections shall be performed not less than every other year. Inspections shall be performed, signed, and dated by a person competent and familiar in railroad bridge inspection. As a minimum, the inspector shall be a registered professional engineer or satisfy 1 or more of the following:
(a) Have at least 2 years of practical experience in railroad bridge inspection.
(b) Have at least 5 years of practical bridge maintenance and repair experience.
(c) Pass a study course in railroad bridge inspection.
(2) Beginning 2 years after the effective date of this act and each year thereafter, the railroad shall provide an affidavit to the department stating that all bridges located on the railroad within the state have been inspected within the last 2 years in accordance with the requirements of this act.
(3) As a minimum, inspections shall be performed and recorded in accordance with the recommendations set forth in the current "manual of railway engineering" as published by the American railway engineering association.
(4) The railroad shall keep the most current inspection report for each bridge on file and, upon request, shall provide a copy to the department.
(5) The department may reinspect any bridge using its own inspectors or inspectors hired by it. The department may order any of the following: closure of the bridge, speed and load restrictions, or repairs or changes necessary to place the bridge in a reasonably safe condition and the time in which repairs or changes are to be accomplished.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.333 - Unsafe Bridge; Prohibited Conduct.

462.333 Unsafe bridge; prohibited conduct.
Sec. 333.
A railroad shall not operate or move any locomotive, railroad car, or railroad maintenance machinery, except such locomotives, cars, and machinery needed for bridge repair, across any bridge determined by inspection to be unsafe.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.335 - Unsafe Bridge; Penalties for Certain Conduct.

462.335 Unsafe bridge; penalties for certain conduct.
Sec. 335.
(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 across a bridge determined by inspection to be unsafe.
(2) A railroad may be fined $100.00 per day for failure to provide the department with an affidavit as required by section 331(2).
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.337 - Applicability of Act.

462.337 Applicability of act.
Sec. 337.
This act shall apply to any individual, partnership, association, or corporation, and their respective lessees, trustees, or receivers, appointed by a court, while engaged in the operation of a railroad within this state, or while owning, leasing, or otherwise having under his or her or their jurisdiction or control the land on which, or adjacent to which, there may be located and operated any railroad track or sidetrack that is a part of or is in any way connected with a railroad.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.351 - “Operator” and “Operate” Defined.

462.351 “Operator” and “operate” defined.
Sec. 351.
As used in sections 353 to 365, "operator" or "operate" means a person who is in actual physical control of a locomotive engine upon a railroad track.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.355 - Repealed. 2002, Act 658, Eff. Apr. 1, 2003.

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.
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.357 - Locomotive Engine; Authorization or Knowledge of Operation by Person Under Influence of Alcoholic Liquor or Controlled Substance.

462.357 Locomotive engine; authorization or knowledge of operation by person under influence of alcoholic liquor or controlled substance.
Sec. 357.
The owner of a locomotive engine or the person in charge or in control of a locomotive engine, or a person acting as a conductor of any train of cars, shall not knowingly authorize or knowingly permit the locomotive engine to be operated upon the railroad tracks of this state by a person who is impaired by or under the influence of alcoholic liquor or a controlled substance, or a combination of alcoholic liquor and a controlled substance or who has an alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $100.00 nor more than $500.00, or both, together with costs of the prosecution.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.

462.361 Chemical tests of blood, breath, or urine; consent; administration.
Sec. 361.
(1) A person who operates a locomotive engine upon the railroad tracks of this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood if:
(a) The person is arrested for a violation of section 353 or a local ordinance substantially corresponding to section 353(1) or (2).
(b) The person is arrested for murder or manslaughter resulting from the operation of a locomotive engine, and the peace officer had probable cause to believe that the person was operating the locomotive engine while impaired by or under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or while having a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) The chemical tests shall be administered as provided in section 359.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.363 - Refusal to Submit to Chemical Test; Report.

462.363 Refusal to submit to chemical test; report.
Sec. 363.
If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 359, a test shall not be given without a court order. A written report shall be forwarded by the peace officer to the federal department of transportation. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 361, and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.365 - Report of Certain Convictions; Form.

462.365 Report of certain convictions; form.
Sec. 365.
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 report of the conviction shall be forwarded by the court in which the conviction occurred to the United States department of transportation. The form of the report shall be prescribed and furnished by the department of state police.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.367 - Railroad Police Officer; Appointment; Commission; Eligibility; Duration of Commission; Employment Before Certain Date.

462.367 Railroad police officer; appointment; commission; eligibility; duration of commission; employment before certain date.
Sec. 367.
(1) Upon application in writing of a company owning, leasing, using, or operating any railroad company in this state, whether by steam, electricity, or other motive power, accompanied by the statements of 3 reputable United States citizens testifying to the moral character of the person mentioned in the application, the director of the department of state police, if the director finds the person to be suitable and qualified, may appoint and commission the person to act as a police officer for the company, upon the premises of the company, or elsewhere within the state, when in the discharge of his or her duties as a police officer for the company.
(2) A person shall not be eligible to receive an appointment unless the person is 18 years of age or older and has completed a minimum of 440 hours of training, which shall be certified by the Michigan law enforcement training council created by the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws. Every police officer so appointed shall be known and designated as a railroad police officer. A railroad police officer's commission shall be in force until it becomes null and void or terminated as provided in this act.
(3) A railroad police officer employed on or before November 18, 1975 may continue that employment, and failure to meet the training standards required by this act shall not be grounds for dismissal or termination of employment.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.369 - Railroad Police Officer Applicant; Cost of Training.

462.369 Railroad police officer applicant; cost of training.
Sec. 369.
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 367 shall be borne solely by the railroad company seeking the appointment.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.371 - Railroad Police Officer; Application Fee; Identification.

462.371 Railroad police officer; application fee; identification.
Sec. 371.
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 other identification information concerning the person named in the application, including fingerprints of the person, which fingerprints shall be classified by the bureau of identification of the department of state police and shall remain with that bureau as a permanent record.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.373 - Railroad Police Officer; Notice of Appointment.

462.373 Railroad police officer; notice of appointment.
Sec. 373.
When the director of the department of state police appoints a railroad police officer, the director shall give notice of the commission to the person appointed and to the company that made application for the appointment.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.375 - Railroad Police Officer; Oath.

462.375 Railroad police officer; oath.
Sec. 375.
Before performing the duties of office and within 30 days after receiving notice from the director of the department of state police of appointment, a railroad police officer appointed shall take and file with the director the oath prescribed by the state constitution of 1963.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.377 - Railroad Police Officer; Duties and Powers.

462.377 Railroad police officer; duties and powers.
Sec. 377.
Every railroad police officer, who is appointed and commissioned as provided in this act, shall have, exercise, and possess, throughout the state, while in the discharge of his or her duties as a railroad police officer, the powers of sheriffs, marshals, constables, and municipal police officers except in the service of civil process. A railroad police officer shall enforce and compel obedience to the laws of this state and to the ordinances of the cities, villages, and townships of this state when engaged in the discharge of his or her duties as a railroad police officer for the company.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.379 - Keepers of Jails, Lockups, and Station Houses.

462.379 Keepers of jails, lockups, and station houses.
Sec. 379.
The keepers of jails, lockups, and station houses in any county, city, village, or township shall receive all persons arrested by a railroad police officer for the commission of any offense against the laws of the United States, of this state, or the ordinances of the city, village, or township, to be dealt with according to law. The persons arrested shall be received by the keepers of jails, lockups, or station houses on the same basis, and shall have the same status, as persons arrested by any other peace officer of this state.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.381 - Railroad Police Officer; Wearing and Receiving Badge.

462.381 Railroad police officer; wearing and receiving badge.
Sec. 381.
A railroad police officer appointed and commissioned under this act, when on duty as provided in this act, shall wear a metallic badge with the word "police" and the name of the railroad company for which the railroad police officer is appointed inscribed on the badge, and he or she shall exhibit the badge on demand and before making an arrest.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.383 - Railroad Police Officer; Surety Bond.

462.383 Railroad police officer; surety bond.
Sec. 383.
A railroad police officer appointed and commissioned under this act, before entering upon the discharge of his or her duties, shall give a surety bond, in the sum of $1,000.00, conditioned upon the faithful performance of those duties. A bond shall be filed with, and approved by, the director of the department of state police.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.385 - Railroad Police Officer; Delivery of Commission; Identification Card; Roster.

462.385 Railroad police officer; delivery of commission; identification card; roster.
Sec. 385.
(1) Upon filing the official oath and bond, and the payment of the fee, as required by this act, the director of the department of state police shall deliver to the person the commission which shall certify that the person named in the commission has been commissioned as a railroad police officer. The commission shall give the name of the railroad company the railroad police officer represents, and shall designate the date on which the commission was issued. The commission shall be in the form, size, and description as the director of the department of state police may determine.
(2) An identification card shall be issued to the railroad police officer. Each card shall be valid for 5 years and expire on December 31 of the fifth year. The identification card shall be in the form, size, and description as the director of the department of state police may determine.
(3) On January 1 each year, each railroad operating in this state shall submit to the department of state police a roster of those persons employed in this state as railroad police officers and certify that those officers are bonded in accordance with this act.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.387 - Railroad Police Officer; Compensation.

462.387 Railroad police officer; compensation.
Sec. 387.
The compensation for a railroad police officer shall be paid by the company for which the railroad police officer is appointed.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.389 - Railroad Police Officer; Termination.

462.389 Railroad police officer; termination.
Sec. 389.
When a company terminates the services of a railroad police officer, it shall file a notice to that effect with the director of the department of state police, stating the date on which services shall be discontinued. The commission issued to the railroad police officer shall become null and void on the date specified. The dismissal of a railroad police officer from employment of the company shall render the commission null and void. The director, on 5 days' notice to the company for whom a railroad police officer was appointed, may revoke a commission issued to the railroad police officer.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.390 - Conductor or Flagperson; Requirements for Employment; Applicability of Section; Substantial Compliance; Enforcement.

462.390 Conductor or flagperson; requirements for employment; applicability of section; substantial compliance; enforcement.
Sec. 390.
(1) A person shall not be employed as a conductor on a railroad freight train in this state without having 2 years' prior experience as a brakeman or conductor on a freight or passenger train on a line of road. A person shall not be employed as a conductor on a passenger train in this state without having 1 year's prior experience as a conductor of a freight or passenger train on a line of road.
(2) A person shall not be employed as a flagperson on a railroad train in this state without having 3 months' prior experience as a yard or road brakeman on a yard, freight, or passenger train on a line of road.
(3) A railroad company by its officers, agents, or employees shall not knowingly engage or employ any person to act in the capacity of conductor or flagperson in violation of this act.
(4) Nothing in this section shall be construed to apply in the case of the disability of a conductor or flagperson or in case of an accident or wreck of a railroad train.
(5) The provisions of this section shall not apply to any railroad company within this state or the receiver or lessee thereof, whose line of railway is less than 30 miles in length, nor shall anything herein contained relieve any railroad company from the negligence of any of its employees. If a railroad company is unable to hire a sufficient number of persons having the experience for the respective positions specified in this act, at the average rate of wages paid by said company during the next preceding year, it shall be considered a substantial compliance with this act if the company employs from among such persons as are available those having the highest qualifications as to experience and efficiency.
(6) The department shall enforce this section.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.391 - Obstruction of Vehicular Traffic; Offenses as Separate Violations; Penalty; Allocation of Fines.

462.391 Obstruction of vehicular traffic; offenses as separate violations; penalty; allocation of fines.
Sec. 391.
(1) A railroad shall not permit a train to obstruct vehicular traffic on a public street or highway for longer than 5 minutes at any 1 time, except the obstruction shall not be considered a violation under the following circumstances:
(a) If the train is continuously moving in the same direction at not less than 10 miles per hour for not longer than 7 minutes.
(b) If the railroad can show that the incident occurred as a result of a verifiable accident, mechanical failure, or unsafe condition.
(2) A railroad shall not permit successive train movements to obstruct vehicular traffic on a public street or highway until all vehicular traffic previously delayed by such train movements has been cleared.
(3) A railroad company shall not permit its employees to allow the activation of active traffic control devices at a railroad grade crossing for more than 2 minutes if there is no intention to move a train or track equipment through the crossing within 20 seconds to 60 seconds after the activation of the devices.
(4) Each offense under this section shall be a separate violation punishable by a fine of not more than $500.00 unless the railroad is willfully, deliberately, and negligently blocking vehicular traffic and then the fine shall be not more than $1,000.00 and the costs of prosecution.
(5) All fines civil or otherwise collected by a local unit of government in excess of $10,000.00 annually from the enforcement of a local ordinance substantially similar to this section shall be allocated as follows:
(a) Fifteen percent shall be retained by each local unit of government for costs of enforcement of the ordinance.
(b) Eighty-five percent shall be deposited in a railroad grade crossing safety fund. The revenue collected in this fund shall be used solely for railroad grade crossing safety projects in these local units of government.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.400 - Employee Sanitation and Shelter Facilities; Rules; Compliance With Section.

462.400 Employee sanitation and shelter facilities; rules; compliance with section.
Sec. 400.
(1) All railroads shall be required to provide adequate sanitation and shelter facilities for their employees.
(2) In accordance with section 31 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.231 of the Michigan Compiled Laws, the rules promulgated under the following acts shall continue in effect under this act until amended or rescinded by the department pursuant to its rule making authority under this act:
(a) Act No. 419 of the Public Acts of 1919, being sections 460.51 to 460.62 of the Michigan Compiled Laws.
(b) Act No. 3 of the Public Acts of 1939, being sections 460.1 to 460.8 of the Michigan Compiled Laws.
(3) A railroad that fails to comply with this section is in violation of this act.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.431 - Liens; Effect.

462.431 Liens; effect.
Sec. 431.
(1) All claims arising out of the death or personal injury of any person resulting from the negligence of any street railway or railroad organized and doing business under the laws of this state, after a judgment is obtained, shall constitute a lien upon all of the assets and property of the street railway or railroad and all of its rights and franchises. This lien shall take precedence over all other judgments, executions, or attachments levied upon the assets or property, except those issued in favor of persons having obtained judgments for personal work and labor of themselves or their minor children.
(2) Any lien obtained under former Act No. 110 of the Public Acts of 1899 and in effect on the effective date of this act shall remain in full force and effect until discharged.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994
2023 Michigan Compiled Laws › Chapter 462 - Railroads › Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451) › Section 462.441 - Administration of Act; Investigation of Complaints; Violation or Noncompliance; Penalty; Inspections; Hearing; Action to Recover Penalties; Enforcement; Remedies.

462.441 Administration of act; investigation of complaints; violation or noncompliance; penalty; inspections; hearing; action to recover penalties; enforcement; remedies.
Sec. 441.
(1) The department shall administer this act and investigate complaints alleging a violation of this act.
(2) Unless a specific penalty is otherwise provided in this act, a railroad, road authority, or person that violates or fails to comply with any provision of this act, or fails to obey or comply with any lawful order issued or rule promulgated by the department, is subject to a civil fine of not more than $1,000.00 for each day of noncompliance following exhaustion of administrative and legal remedies.
(3) The department may make inspections at any time to determine if this act or the rules promulgated under this act are being violated and upon discovering a violation of this act or the rules may issue a citation to the alleged violator with a specified date for compliance. If the violations in the citation are not corrected by the specified date, a hearing will be conducted pursuant to chapter 4 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws.
(4) Unless other procedures are specified, an action to recover penalties for a violation of this act, an order issued, or a rule promulgated by the department pursuant to this act shall be instituted by the department on its own motion or by complaint. If, after notice and hearing, the violation still exists, an action may be brought in the circuit court of any county in which the alleged violator may be sued or in the circuit court of the county of Ingham. Enforcement of orders, collection of civil fines, and actions to prosecute violations of this act or department orders to a final judgment shall be the responsibility of the department and the attorney general.
(5) In addition to the other remedies provided by this act for the violation of this act, an order issued, or a rule promulgated by the department pursuant to this act, the department or an affected party may compel compliance with this act and with an order issued or a rule promulgated by the department by proceedings in mandamus, injunction, or other appropriate civil remedies.
History:
1993, Act 354, Imd. Eff. Jan. 14, 1994