HOUSE BILL No. 5159

 

September 5, 2007, Introduced by Rep. Sheen and referred to the Committee on Transportation.

 

     A bill to amend 1990 PA 187, entitled

 

"The pupil transportation act,"

 

by amending section 57 (MCL 257.1857), as amended by 2006 PA 108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 57. (1) Except as provided in subsections (2), (3), and

 

(4), the driver of a school bus, before crossing a railroad track

 

at grade, shall stop the vehicle within 50 feet but not less than

 

15 feet from the nearest rail, activate hazard warning lights, turn

 

off all interior switches including fans, heaters, and radios, open

 

the passenger door and driver-side window, and while stopped shall

 

listen and look in both directions along the track for an

 

approaching train and for signals indicating the approach of a

 

train, and shall not proceed until the driver can do so safely.

 

After stopping as required in this subsection, and upon proceeding

 


when it is safe to do so, the driver of the vehicle shall cross

 

only in a gear of the vehicle that does not require changing gears

 

while traversing the crossing. The driver shall not shift gears

 

while crossing the track or tracks.

 

     (2) A stop need not be made at a railroad track grade crossing

 

where a uniformed police officer or a traffic-control signal

 

directs traffic to proceed.

 

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

 

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

 

track" means a railroad track which that meets both of the

 

following requirements:

 

     (a) The track has been completely paved over or removed,

 

partially removed at or adjacent to the railroad crossing, or is

 

otherwise unusable for rail transportation.

 

     (b) All signs, signals, and other warning devices are removed.

 

     (4) A stop shall not be made at a railroad track grade

 

crossing on a freeway or limited access highway where the crossing

 

is protected by a clearly visible signal, crossing gate, or barrier

 

at a time when the signal, crossing gate, or barrier is not

 

activated.

 

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

 

civil infraction and may be ordered to pay a civil fine of not more

 

than $100.00. A civil infraction under this subsection shall be

 

processed in the same manner as a civil infraction under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5158(request no.

 


03450'07) of the 94th Legislature is enacted into law.