HB-4320, As Passed House, May 5, 2015HB-4320, As Passed Senate, July 1, 2015

HOUSE BILL No. 4320

March 11, 2015, Introduced by Rep. Nesbitt and referred to the Committee on Transportation and Infrastructure.

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), and (5), 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~~ inactive railroad

track grade crossing. As used in this subsection, ~~"abandoned~~

"inactive railroad track" means a railroad track ~~which~~ that meets

both of the following requirements:

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

(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 stop shall not be made at a railroad grade crossing

marked with a sign reading "exempt". Exempt signs may be erected

only by or with the consent of the state transportation department

after notice to and an opportunity to be heard by the primary

railroad operating over that crossing.

(6) ~~(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