HB-4609, As Passed House, December 13, 2012HB-4609, As Passed Senate, December 12, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4609
A bill to amend 1993 PA 354, entitled
"Railroad code of 1993,"
by amending section 315 (MCL 462.315), as amended by 2001 PA 5.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 315. (1) The department, by order, in accordance with
section 301, may prescribe active traffic control devices to warn
of the approach of trains about to cross a street or highway at
public railroad grade crossings consisting of signals with signs,
circuitry, or crossing gates and other appurtenances as depicted in
the Michigan manual of uniform traffic control devices. A
determination shall detail the number, type, and location of
signals with signs, circuitry, or gates and appurtenances, which,
however, shall conform as closely as possible with generally
recognized national standards.
(2) Except as otherwise provided for in this act, the cost of
any installation, alteration, or modernization of active traffic
control devices shall be at equal expense of the railroad and road
authority.
(3) After initial installation, all active traffic control
devices, circuitry, and appurtenances at crossings shall be
maintained, enhanced, renewed, and replaced by the railroad at its
own
expense, except that the road authority shall pay $760.00
$1,271.00
for flashing signals on a single track,
$830.00 $1,978.00
for
flashing signals and gates on a single track, $895.00 $1,481.00
for flashing signals with cantilever arm on a single track,
$1,215.00
$2,389.00 for flashing signals with cantilever arm with
gates
on a single track, $1,230.00 $2,257.00
for flashing signals
and
gates on multiple tracks, $1,630.00 $2,398.00 for flashing
signals
with cantilever arms and gates on a multiple track, $725.00
$1,269.00
for flashing signals on a multiple
track, and $1,005.00
$1,375.00 for flashing signals with cantilever arms on a multiple
track annually for maintenance to the railroad for each crossing
with active traffic control devices not covered by existing or
future railroad-road authority agreements. The railroad shall
furnish standard equipment uniform for all railroads at a cost and
installation basis consistent for all railroads. By January 1, 2010
and every 10 years after 2010, the department shall complete a
study to determine the cost of maintenance of active traffic
control devices and shall forward a copy of the study to the
members of the house and senate committees that consider railroad
House Bill No. 4609 as amended December 5, 2012
legislation. The department shall consult with the railroad and the
<<LOCAL>>
road authority <<representatives>> when completing the study to
determine the cost of
maintenance of active traffic control devices.
(4) Standard active railroad-highway traffic control devices
consisting of side of street flashing light signals with or without
half-roadway gates and cantilevers shall include the railroad
crossing (crossbuck) sign, "stop on red signal" sign, and number of
tracks sign located, designed, and maintained on the signal support
as prescribed by the Michigan manual of uniform traffic control
devices. The railroad shall perform actual installation and
maintenance of these signs. The railroad shall also install, renew,
and maintain any signs placed on cantilevered signal supports.
Whenever active traffic control devices are installed at any
crossing, they shall be so arranged that for every train or
switching movement over the grade crossing, the active traffic
control device shall be in operation for a period of not less than
20 seconds or more than 60 seconds in advance of the train movement
reaching the nearest established curb line or highway shoulder and
the devices shall continue to operate until the train movement has
passed the established curb line or shoulder on the far side of the
highway.
(5) The department may order a railroad, at the railroad's
expense, to stop and flag a crossing for normal train service or
when active traffic control devices may become inoperable.