SENATE BILL NO. 768


   September 29, 1999, Introduced by Senator SCHUETTE and referred 
        to the Committee on Transportation and Tourism.



        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 669 (MCL 257.669), as amended by 1995 PA

   248.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 669.  (1) Except as provided in subsections (2), (3),

 2    and (4), the driver of a motor vehicle carrying passengers for

 3    hire or the driver of a motor vehicle that is required to be

 4    marked or placarded under 49 C.F.R. parts 100 to 180 before

 5    crossing a railroad track at grade, shall stop the vehicle within

 6    50 feet but not less than 10 feet from the nearest rail.  While

 7    stopped, the driver shall listen and look in both directions

 8    along the track for an approaching train and for signals

 9    indicating the approach of a train, and shall not proceed until

10    the driver can do so safely.  After stopping as required in this


   03472'99                                                 TJS
           
                                   2

 1    subsection, and upon proceeding when it is safe to do so, the

 2    driver of the vehicle shall cross only in a gear of the vehicle

 3    that does not require changing gears while traversing the

 4    crossing.  The driver shall not shift gears while crossing the

 5    track or tracks.

 6         (2) A stop need not be made at a railroad track grade cross-

 7    ing where a police officer or a traffic-control signal directs

 8    traffic to proceed.

 9         (3) A stop need not be made at an abandoned railroad track

10    grade crossing.  As used in this subsection, "abandoned railroad

11    track" means a railroad track which meets all of the following

12    requirements:

13         (A)  (i)  The track has been abandoned
             pursuant to federal

14    law.

15         (B)  (ii)  The track has been covered
             or removed.

16         (C)  (iii)  All signs, signals, and
             other warning devices

17    are removed OR EXEMPT SIGNS ARE PLACED BY THE STATE TRANSPORTA-

18    TION DEPARTMENT OVER THE EXISTING SIGNS.

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

20    railroad grade crossing marked with a sign reading "exempt".

21    Exempt signs UNDER THIS SUBSECTION may be erected only by or with

22    the consent of the state transportation department after notice

23    to and an opportunity to be heard by all railroads operating over

24    such industrial or spur line.

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

26    civil infraction.





   03472'99          Final page.                            TJS