HB-4609, As Passed House, November 28, 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

legislation. The department shall consult with the railroad and the

road authority 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.