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Michigan Compiled Laws Complete Through PA 48 of 2019
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Act 354 of 1993
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Act 354 of 1993

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

© 2017 Legislative Council, State of Michigan

The People of the State of Michigan enact:

Section 462.101SectionShort title.
Section 462.103SectionMeanings of words and phrases.
Section 462.105SectionDefinitions; A to G.
Section 462.107SectionDefinitions; H to P.
Section 462.109SectionDefinitions; R to W.
Section 462.131SectionRegulatory and police power of department; rules.
Section 462.133SectionRecords to be kept by department.
Section 462.137SectionReports to be furnished to department.
Section 462.153SectionOrders; oaths; official acts; subpoenas; witnesses; production of documents; contempt; witness fees and mileage; depositions; record of proceedings; copy of transcript.
Section 462.155SectionRescission, alteration, or amendment of order.
Section 462.157SectionOrders, regulations, practices, and services; effect.
Section 462.159SectionRehearing.
Section 462.161SectionReview of order; time for bringing action.
Section 462.171SectionAction to vacate or set aside order; issuance of injunction to stay or suspend order; different or additional evidence; appeal; burden of proof.
Section 462.173SectionService of process; practice and rules of evidence; execution of process; certified copies of orders.
Section 462.175SectionAuthority of department to obtain information.
Section 462.201SectionCorporation; formation; purpose; articles of association; filing; powers of subscribers; increasing or decreasing number of directors; resolution.
Section 462.203SectionStock certificate; signature; seal.
Section 462.205SectionApplicability of MCL 450.1101 to 450.2098 to railroad corporations.
Section 462.207SectionRecords of corporations formed under former acts; duration, rights, and limitations of existing corporations.
Section 462.211SectionBoard of directors; corporate powers; stockholders entitled to vote for directors; election of president; powers of board of directors generally; voting by stockholders; quorum; vacancy.
Section 462.213SectionArticles 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.
Section 462.215SectionBoard of directors; election; classification; terms; meetings; notice; removal of directors or officers; rules, regulations, and directions; stockholder vote by proxy; adjournment of meeting.
Section 462.217SectionAnnual meeting; statement of affairs.
Section 462.219SectionSubscribers to capital stock; payment in installments; forfeiture of stock for neglect or refusal to pay.
Section 462.221SectionStock as personal estate; transfer.
Section 462.223SectionRailroad company; liabilities and restrictions.
Section 462.225SectionOwnership and operation of steamboats, barges, or vessels; conditions.
Section 462.227SectionOwnership and operation of steamboats, barges, or vessels; number; restrictions.
Section 462.229SectionAutomobile buses or motor vehicles and trailers; ownership and operation; purpose; aerial transportation; powers of railroad company.
Section 462.231SectionRailroad company; organizing and holding interest in subsidiary corporation; disposition of capital stock of other corporations; rights, powers, and privileges of ownership.
Section 462.233SectionCutting dangerous trees.
Section 462.235SectionLand held by foreign company; transfer of title.
Section 462.241SectionAcquisition of property in manner prescribed by MCL 213.51 to 213.77; exception.
Section 462.243SectionPurchase of land belonging to state, city, village, county, or township.
Section 462.245SectionConstruction of bridges or tunnels; acquisition of right-of-way; issuance and sale of bonds; rights of railroad bridge and railroad tunnel companies.
Section 462.247SectionNegotiation by railroad bridge or tunnel company with railroad company; purpose.
Section 462.249SectionUse of road and bridge or tunnel; compensation charged by railroad bridge or tunnel company; terms.
Section 462.250SectionAcquisition of right-of-way by railroad company; amount offered for damages; eligibility of owners to recover or collect costs.
Section 462.251SectionRemoval of person from train by conductor or employee.
Section 462.253SectionPerson using abusive, profane, or indecent language or exhibiting violent conduct; powers of conductor.
Section 462.255SectionConduct as misdemeanor; penalty; powers of conductor or freight agent; duties of police officer; jurisdiction of court.
Section 462.257SectionConduct as felony or misdemeanor; penalties.
Section 462.259SectionLiability of railroad company for loss or damage by fire.
Section 462.261SectionLiability of railroad company for death or injury to passenger.
Section 462.263SectionTransportation of railroad employees; vehicles.
Section 462.265SectionStringing wire over and across railway right-of-way; procedures; construction of aerial crossings; dispute between parties; order.
Section 462.267SectionLight or banner attached to switch or derailing device; prohibited conduct; violation as misdemeanor; penalty.
Section 462.271SectionOffer 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.
Section 462.273SectionWalking, 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.
Section 462.301SectionGrade 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.
Section 462.303SectionTraffic control devices; determination and order by department.
Section 462.305SectionOrder of department.
Section 462.307SectionConstruction; 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.
Section 462.309SectionMaintenance, renewal, and repair of roadbeds, tracks, culverts, and certain streets or sidewalks.
Section 462.310SectionCulverts.
Section 462.311SectionPassive traffic control devices; street lighting.
Section 462.313SectionNational inventory signs.
Section 462.315SectionActive traffic control devices.
Section 462.317SectionClear vision areas; expenditure of funds relating to high speed rail corridor.
Section 462.318SectionWhistle post; erection and maintenance as notice to engineer of approach to public crossing.
Section 462.319SectionNew construction, partial reconstruction, alteration, or removal of grade separation.
Section 462.321SectionAcquisition of property rights by condemnation.
Section 462.323SectionFarm crossings; other private crossings.
Section 462.325SectionFencing in agricultural areas; other areas.
Section 462.327SectionBridges carrying railroad traffic; inspection; applicability of section and MCL 462.331 to 462.335.
Section 462.331SectionBridge carrying railroad traffic; qualifications of inspector; affidavit; performance and recording of inspections; report; reinspection and order by department.
Section 462.333SectionUnsafe bridge; prohibited conduct.
Section 462.335SectionUnsafe bridge; penalties for certain conduct.
Section 462.337SectionApplicability of act.
Section 462.339SectionConstruction, 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.
Section 462.351Section“Operator” and “operate” defined.
Section 462.353SectionLocomotive engine; operation by person under influence of alcoholic liquor or controlled substance.
Section 462.355SectionRepealed. 2002, Act 658, Eff. Apr. 1, 2003.
Section 462.357SectionLocomotive engine; authorization or knowledge of operation by person under influence of alcoholic liquor or controlled substance.
Section 462.359SectionChemical test and analysis of operator's blood, urine, or breath.
Section 462.361SectionChemical tests of blood, breath, or urine; consent; administration.
Section 462.363SectionRefusal to submit to chemical test; report.
Section 462.365SectionReport of certain convictions; form.
Section 462.367SectionRailroad police officer; appointment; commission; eligibility; duration of commission; employment before certain date.
Section 462.369SectionRailroad police officer applicant; cost of training.
Section 462.371SectionRailroad police officer; application fee; identification.
Section 462.373SectionRailroad police officer; notice of appointment.
Section 462.375SectionRailroad police officer; oath.
Section 462.377SectionRailroad police officer; duties and powers.
Section 462.379SectionKeepers of jails, lockups, and station houses.
Section 462.381SectionRailroad police officer; wearing and receiving badge.
Section 462.383SectionRailroad police officer; surety bond.
Section 462.385SectionRailroad police officer; delivery of commission; identification card; roster.
Section 462.387SectionRailroad police officer; compensation.
Section 462.389SectionRailroad police officer; termination.
Section 462.390SectionConductor or flagperson; requirements for employment; applicability of section; substantial compliance; enforcement.
Section 462.391SectionObstruction of vehicular traffic; offenses as separate violations; penalty; allocation of fines.
Section 462.400SectionEmployee sanitation and shelter facilities; rules; compliance with section.
Section 462.402SectionDefinitions; unreasonable endangerment of employee; complaint by employee or union; inspection by department; notice; order; hearing; appeal; enforcement.
Section 462.431SectionLiens; effect.
Section 462.441SectionAdministration of act; investigation of complaints; violation or noncompliance; penalty; inspections; hearing; action to recover penalties; enforcement; remedies.
Section 462.450SectionApplicability of act to street railway organized under MCL 472.1 to 472.31.
Section 462.451SectionRepeal of certain acts and parts of acts.
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