RAILROAD CROSSING

House Bill 5704

Complete to 5-3-00

A SUMMARY OF HOUSE BILL 5704 AS INTRODUCED 5-2-00

House Bill 5704 would amend the Railroad Code of 1993 to make an employee of a railroad responsible for obstructed vehicle traffic at railroad crossings.

Under law, a railroad is prohibited from permitting a train to obstruct vehicular traffic on a public street or highway for longer than five minutes at any one time, except the obstruction is not considered a violation if the train is continuously moving at least 10 miles per hour for not longer than seven minutes, or if the railroad can show that the incident occurred as a result of an accident, mechanical failure, or unsafe condition. Further, the law prohibits a railroad from permitting successive train movements to obstruct vehicular traffic on a public street or highway until all vehicular traffic previously delayed has been cleared. For each offense of these rules, a railroad is fined up to $500, unless the violation willfully deliberately, and negligently blocked vehicular traffic in which case the fine can be as much as $1,000.

House Bill 5704 would retain these rules and fines, but specify that railroads "or an employee of a railroad" could be held responsible for violations of the rules and fined for offences.

MCL 462.391

Analyst: J. Hunault

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.