MICHIGAN’S enforcement guide FOR LAW ENFORCEMENT’S RESPONSE TO RAILROAD INCIDENTS This guide is dedicated to the memory of retired Norfolk Southern Railroad and Michigan Operation Lifesaver Assistant State Coordinator David H. Cornelius. (1949-2015) NOTES OF INTEREST Collisions between vehicles and trains New Penalties for CDL Vehicle Operators Convicted of Railroad Crossing Violations: at highway-rail intersections and October 1, 2002 P.A. 534 trespassers and trains along railroad Persons convicted of any railroad crossing violation while operating a commercial rights-of-way are PREVENTABLE.. motor vehicle (CMV) will be subject to the following CDL suspensions: • A 60-day suspension for the first railroad crossing violation while operating a CMV. Strict Enforcement of highway-rail • A 120-day CDL suspension for a second railroad crossing violation within 36-months while operating a CMV. statutes, combined with Education and • A 1-year CDL suspension for three or more railroad crossing violations Engineering initiatives in a community, within 36-months while operating a CMV. reduce the loss of life and property New Employer Penalty damage related to highway-rail crashes MCL 257.319g establishes new civil infractions that could include a fine up and trespassing. to $10,000 for employers who knowingly allow their drivers to operate a commercial motor vehicle in violation of the Federal Railroad-Highway Grade Crossing requirements referenced or adopted by the Michigan Vehicle Code, Pupil Transportation Act, Motor Carrier Safety Act or the Motor Bus Transportation This guide has been prepared to assist Act. law enforcement officers in their Railroad Grade Crossing Stopping Requirements community highway-rail enforcement P.A. 534 of 2002 standardizes the railroad grade crossing minimum stopping distance at fifteen (15) feet. It also institutes the requirement that all buses, responsibilities. vehicles carrying passengers for hire and vehicle transporting hazardous materials in amounts requiring placard activate the hazard warning lights when stopping. Previously the use of the hazard lights at a railroad crossing was only required for school buses. Strict Enforcement of Highway-Rail and Trespass Statutes Saves Lives!

NOTES OF INTEREST 37 NATURAL RESOURCES & CIVIL INFRACTIONS ENVIRONMENTALTABLE OF CONTENTS PROTECTION ACT MCL 257.669a OFF-ROAD VEHICLES Introduction to a licensed physician or individual operating under the delegation of Federal motor carrier safety regulations; adoption; transportation of Railroad Company Emergency Numbers ...... 1-2 a licensed physician who withdraws blood or analyzes blood or assists persons and property over railroad-highway grade crossings. in the withdrawal or analysis in accordance with this section unless the Sec. 669a Civil Infractions - Grade Crossing Violations...... 3-7 withdrawal or analysis is performed in a negligent manner. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 Stopping, driving through, around, under barrier on file with the office of the secretary of state, to provide for the safe Designating crossings as stop or yield, driver duties, negligence action (5) The tests shall be administered at the request of a peace officer having transportation of persons and property over railroad-highway grade crossings Certain vehicles to stop at crossing, shifting gears prohibited. probable cause to believe the person has committed a crime described with the intent of following the policies and procedures of the Federal motor carrier safety regulations; adoption; transporting persons and in subsection (1). A person who takes a chemical test administered at department of transportation's federal motor carrier safety administration as property the request of a peace officer, as provided in this section, shall be given they relate to title 49 of the code of federal regulations. For purposes of this Operating or moving certain vehicles or equipment across/on tracks, notice of a reasonable opportunity to have a person of his or her own choosing subsection, “commercial motor vehicle” means that term as defined in section 7a. intent, stopping, warning... administer 1 of the chemical tests described in this section within a (2) The driver of a commercial motor vehicle shall comply with a lawful order Parking Prohibited reasonable time after his or her detention. The results of the test shall or direction of a police officer guiding, directing, controlling, or regulating Uniform traffic code for cities, townships and villages be admissible and shall be considered with other admissible evidence traffic at a railroad-highway grade crossing. School Bus Violations in determining the innocence or guilt of the defendant. If the person (3) The driver of a commercial motor vehicle shall not cross a railroad-highway charged is administered a chemical test by a person of his or her own grade crossing unless the vehicle has sufficient undercarriage clearance. Railroad Code Violations - Misdemeanors choosing, the person charged is responsible for obtaining a chemical (4) The driver of a commercial motor vehicle shall not cross a railroad-highway Authority and Powers of Arrest...... 8-10 analysis of the test sample. The person charged shall be informed that grade crossing unless the vehicle can be driven completely through the Person using abusive, profane or indecent language, exbiting violent conduct, after taking a test administered at the request of a peace officer he or crossing without stopping. power of conductor she has the right to demand that a person of his or her own choosing (5) A person who violates this section is responsible for a civil infraction. administer 1 of the tests provided for in subsection (1), that the results Misdemeanor conduct, powers of conductor or freight agen, duties of police of the test shall be admissible and shall be considered with other admissible officer, jurisdiction of court evidence in determining the innocence or guilt of the defendant, and MCL 257.670 officer; duties and powers Operating or moving certain vehicles or equipment upon or across that the person charged is responsible for obtaining a chemical analysis Trespassing on railroad right-of-way of the test sample. steam railroad tracks at grade level; notice of intended crossing; stopping, Derailment - misdemeanor or felony listening, and looking; warning; violation as civil infraction. Tampering with lights or banner at switch (6) The person charged shall be advised that if the person refuses the request Sec. 670 Boarding train in motion of a peace officer to take a test described in this section, a test shall not (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, be given without a court order, but the officer may seek to obtain the roller, boiler, machinery, or other structure or object upon rollers, or other Felony Violations ...... 11-12 court order. equipment or structure, which, because of its limited power, or weight, Record of purchase transaction; preperation; and maintenance; duration; character, or load, has a normal operating speed of 4 miles per hour or less, location; availability for inspection; contents (7) This section shall not be construed as limiting the introduction of any or which has a vertical load or body clearance of less than 9 inches above Sale or purchase of certain property prohibited other competent evidence, including a video tape recording taken of, the level surface of the roadway, upon or across the tracks of a railroad at Malfunction as affirmative defense; conduct as felony; penalties and with prior notice to the person, bearing upon the question of whether grade level without first complying with this section, except this section shall Destruction of certain property or not the person was impaired by or under the influence of alcoholic not apply to the movement of electrically propelled cars on fixed rails or liquor or a controlled substance, or a combination of alcoholic liquor to their loads. Train, car, or vehicle, throwing, propelling, or dropping stone or abject and a controlled substance, or whether the person had a blood alcohol (2) Notice of the intended crossing described in subsection (1) shall be given Attempt to wreck or endanger safety of passengers content of 0.04 grams or more per 100 milliliters of blood, per 210 liters to the nearest agent or officer of the railroad in time to afford protection to Uncoupling locomotive or cars of breath, or per 67 milliliters of urine. its locomotives, trains, or cars at the crossing. Natural Resources & Environmental Protection Acts (8) If a jury instruction regarding a defendant's refusal to submit to a chemical (3) Before making the crossing, the person operating or moving the vehicle or ...... 13-14 test under this section is requested by the prosecution or the defendant, equipment shall first stop not less than 15 feet or more than 50 feet from the jury instruction shall be given as follows: “Evidence was admitted in the nearest rail of the track and while stopped shall listen and look in both Off Road Vehicles Snowmobiles this case which, if believed by the jury, could prove that the defendant directions along the track for an approaching train and for signals indicating had exercised his or her right to refuse a chemical test. You are instructed the approach of a train, and shall not proceed until the crossing can be made Violations By The Railroad that such a refusal is within the statutory rights of the defendant and is safely. not evidence of his or her guilt. You are not to consider such a refusal (4) A crossing shall not be made when warning is given by automatic signal or Obstruction of Traffic ...... 15 in determining the guilt or innocence of the defendant.” crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. (9) If after an accident the operator of a locomotive engine involved in the (5) A person who violates this section is responsible for a civil infraction. accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, CIVIL INFRACTIONS MISDEMEANOR VIOLATIONSHAZARDOUS MATERIALS INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 5 3013 22 VIOLATIONS BY CIVIL INFRACTIONS SCHOOL THE BUS RAILROAD VIOLATIONS MCL 257.669a CHEMICALMCL 257.1857 TESTS SNOWMOBILESViolations By Railroad Employees Federal motor carrier safety regulations; adoption; transportation of Railroad track grade crossings; requirements;“abandoned railroad UD-10 persons and property over railroad-highway grade crossings. track”MCL defined;462.359 violation as civil infraction; fine; processing. Investigating Alcohol/DrugQUESTIONS? Related Incidents Sec. 669a ChemicalSec. 57 test and analysis of operator's blood, urine, or breath. Federal Railroad Administration - Chapter II Part 219 (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 Sec.(1) Except 359 as provided in subsections (2), (3), and (4), the driver of a school ...... 16 on file with the office of the secretary of state, to provide for the safe (1) bus,The amountbefore crossing of alcohol a railroad or presence track ofat agrade, controlled shall stopsubstance the vehicle or both within in the Subpart C - Post Accident Toxicology Testing transportation of persons and property over railroad-highway grade crossings 50operator's feet but bloodnot less at thanthe time15 feet alleged from asthe shown nearest by rail, chemical activate analysis hazard warningof that Call the with the intent of following the policies and procedures of the United States lights,person's turn blood, off all urine, interior or breath switches shall including be admissible fans, intoheaters, evidence and radios, in a criminal open Michigan Law and Enforcing Alcohol/Drug Related Incidents. department of transportation's federal motor carrier safety administration as theprosecution passenger for door any andof the driver-side following: window, and while stopped shall listen ...... 17-20 they relate to title 49 of the code of federal regulations. For purposes of this and(a) lookA violation in both ofdirections section 353along or the357 trackor of fora local an approaching ordinance substantially train and for CRIMINALChemical Test Procedures JUSTICE INFORMATION subsection, “commercial motor vehicle” means that term as defined in section 7a. signalscorresponding indicating the to approach section 353(1) of a train, or (2) and or shall357. not proceed until the Under the Influence (2) The driver of a commercial motor vehicle shall comply with a lawful order driver(b) Manslaughter can do so safely. or murder After stoppingresulting asfrom required the operation in this subsection, of a locomotive and Chemical Test Refusal CENTER or direction of a police officer guiding, directing, controlling, or regulating uponengine proceeding while whenthe operator it is safe is toalleged do so, to the have driver been of impaired the vehicle by orshall under Deceased Operator traffic at a railroad-highway grade crossing. cross theonly influence in a gear of of alcoholic the vehicle liquor that or doesa controlled not require substance changing or a combinationgears while Enforcement (3) The driver of a commercial motor vehicle shall not cross a railroad-highway traversingof alcoholic the crossing. liquor Theand drivera controlled shall not substance, shift gears or whileto have crossing had a bloodthe grade crossing unless the vehicle has sufficient undercarriage clearance. track alcoholor tracks. content of 0.04 grams or more per 100 milliliters of blood, per (4) The driver of a commercial motor vehicle shall not cross a railroad-highway Chemical Tests ...... 21-24 (2) A stop210 need liters not of bebreath, made or at per a railroad 67 milliliters track gradeof urine. crossing where a police Chemical test and analysis517.241.1699 of operator’s blood, urine, or breath grade crossing unless the vehicle can be driven completely through the officer or a traffic-control signal directs traffic to proceed. crossing without stopping. (2) If a test is given, the results of the test shall be made available to the person Chemical test of blood, breath, or urine; consent; administration (3) A stop need not be made at an abandoned railroad track grade crossing. As Refusal to submit to chemical test; report (5) A person who violates this section is responsible for a civil infraction. usedcharged in thisor thesubsection, person's “abandonedattorney upon railroad written track” request means to the a railroad prosecution, track Or visit the Web Site at: with a copy of the request filed with the court. The prosecution shall furnish which meets all of the following requirements: Traffic Crash Reporting UD-10...... 25-28 MCL 257.670 the (a)report The at track least has 2 days been before abandoned the day pursuant of the trial to the and former the results provisions shall beof www.michigan.gov/crash Operating or moving certain vehicles or equipment upon or across offeredAct as evidenceNo. 56 of bythe the Public prosecution Acts of 1919,in that being trial. sectionsFailure to 469.241 fully comply to steam railroad tracks at grade level; notice of intended crossing; stopping, with the469.246 request of shall the Michiganbar the admission Compiled of Laws; the results section into 14 evidenceof Act No. by 300 the Grade Crossing Collision Information Checklist . . . . .29 listening, and looking; warning; violation as civil infraction. prosecution.of the Public Acts of 1909, being section 462.14 of the Michigan Sec. 670 (3) Except Compiledin a prosecution Laws; orrelating federal solely law. to a violation of section 353(2), the Hazardous Materials Incidents ...... 30-31 (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, amount(b) The of alcoholtrack has in beenthe operator's covered orblood removed. at the time alleged as shown by roller, boiler, machinery, or other structure or object upon rollers, or other chemical(c) All analysissigns, signals, of that andperson's other blood, warning urine, devices or breath are removed. shall give rise to Homeland Security - Special Intelligence Bulletin . . . .32 equipment or structure, which, because of its limited power, or weight, (4) Athe stop following shall not presumptions: be made at a railroad track grade crossing on a freeway or Be Safe at Highway-Rail character, or load, has a normal operating speed of 4 miles per hour or less, limited(a) If accessthere washighway at the where time less than 0.04% grams per 100 milliliters of Notes of Interest ...... 33-35 or which has a vertical load or body clearance of less than 9 inches above the crossingblood, peris protected 210 liters by of breath, or per 67 milliliters of urine, it shall be Intersections. the level surface of the roadway, upon or across the tracks of a railroad at a clearlypresumed visible thatsignal, the person was not impaired by or under the influence Driver defined grade level without first complying with this section, except this section shall crossingof intoxicatinggate, or barrier liquor. at a License defined not apply to the movement of electrically propelled cars on fixed rails or time(b) whenIf there the was signal, at the time 0.04% grams or more per 100 milliliters of blood, Possession of operator’s or chauffeur’s license to their loads. crossingper gate,210 liters or barrier of breath, is or per 67 milliliters of urine, it shall be presumed Motor Vehicle defined (2) Notice of the intended crossing described in subsection (1) shall be given not activated.that the person was impaired by or under the influence of intoxicating Railroad Train defined to the nearest agent or officer of the railroad in time to afford protection to (5) A personliquor. who violates this Railroad Engineer or Conductor Certifications its locomotives, trains, or cars at the crossing. How to Identify a Crossing (4) sectionA sample is responsibleor specimen for of aurine or breath shall be taken and collected in a (3) Before making the crossing, the person operating or moving the vehicle or civil infraction and may be Penalties for CDL Vehicle Operators Convicted of Railroad equipment shall first stop not less than 15 feet or more than 50 feet from reasonable manner. Only a licensed physician, or an individual operating Crossing Violations orderedunder the to delegationpay a civil fineof a oflicensed physician under section 16215 of the the nearest rail of the track and while stopped shall listen and look in both not more than $100.00. A Emergency Responders Highway-Rail Safety Program directions along the track for an approaching train and for signals indicating public health code, 1978 PA 368, MCL 333.16215, and qualified to withdraw civilblood infraction acting in undera medical this environment, at the request of a peace officer, may the approach of a train, and shall not proceed until the crossing can be made subsection shall be processed safely. withdraw blood for the purpose of determining the amount of alcohol or inpresence the same of mannera controlled as a civilsubstance or both in the person's blood, as provided (4) A crossing shall not be made when warning is given by automatic signal or infraction under the Michigan crossing gates or a flagman or otherwise of the immediate approach of a in this section. Liability for a crime or civil damages predicated on the act vehicleof withdrawing code, Act or No. analyzing 300 of blood and related procedures shall not attach railroad train or car. the Public Acts of 1949, being (5) A person who violates this section is responsible for a civil infraction. sections 257.1 to 257.923 of the Michigan Compiled Laws. CIVIL INFRACTIONS CIVILALCOHOL/DRUG INFRACTIONS HAZARDOUSRELATED INCIDENTS MATERIALS INCIDENTS MISDEMEANORTABLE OF VIOLATIONS CONTENTS 5 30217 1428 RAILROAD COMPANY EMERGENCY PHONE NUMBERS Adrian & Blissfield Rail Road (ADBF) 24 Hour (800) 555-2580 SPECIAL INTELLIGENCE AMTRAK (ATK) BULLETIN 24 Hour Police (800) 331-0008 Ann Arbor Railroad (AA) Toll Free 877-616-4677 24 Hour Hallett Tower (419) 726-3237 Fax – 517-333-5399 (CP) 24 Hour Police (800) 716-9132 Phone - 517-336-6627 Emergency 800-525-5555 Charlotte Southern Railroad (CHS) 24 Hour (800) 555-2580 MICHIGAN CN (CN) INTELLIGENCE UNIT April 29, 2004 24 Hour Police (800) 465-9239 IU-89-04 Conrail (CR) Norfolk Police (800) 799-0994 Legitimate GPS Devices Attached to Rail Cars Coopersville & Marne Railway (CPMY) This bulletin is to make law enforcement agencies 24 Hour Jerry Ricard (616) 994-8296 aware of a new GPS system being used to track chemical rail cars. In light of recent events in CSX Transportation (CSX) Spain, it is likely that these might elicit calls from 24 Hour Police (800) 232-0144 concerned citizens. These are photos of a GPS Delray Connecting Railroad (DC) device on a tank car for Dow Chemical. As of right now, only Dow is using these, but other 24 Hours William Bacon (313) 498-5700 chemical companies are planning on using them. Detroit Connecting Railroad (DCON) 24 Hour (800) 555-2580 These are now being placed on chemical cars as tracking devices. Some 911 centers in the nation Escanaba & Lake Superior Railroad (ELS) have received calls from the public about possible Office (800) 562-4829 explosive devices on rail cars when they see these After Hours: (906) 630-2013 for Bob Anderson at crossings, etc. These are legitimate industry safety devices. Grand Elk Railroad (GDLK) 24 Hour Dispatch (866) 386-9321 A contact on this is: Dave Hall, Texarkana Emergency Management Grand Rapids Eastern Railroad (GRE) 24 Hour (866) 527-3499 Great Lakes Central Railroad (GLC) Office (800) 622-7245 Huron & Eastern Railway (HE) 24 Hour (866) 527-3499

RAILROAD EMERGENCY PHONE NUMBERS HOMELAND SECURITY 1 34 Indiana & Ohio Railway (IO) THREATS AND PROTECTION 24 Hour (800) 979-4958 The Department of Homeland Security merges under one roof the capability Indiana Northeastern Railroad (IN) to anticipate, preempt and deter threats to the homeland whenever possible, Office (517) 439-4677 and the ability to respond quickly when such threats do materialize. Julie Gordon (517) 398-0005 Troy Strane (517) 278-4614 DHS is responsible for assessing the vulnerabilities of the nation's critical infrastructure and cyber security threats and will take the lead in evaluating Jackson & Lansing Railroad (JAIL) these vulnerabilities and coordinating with other federal, state, local, and 24 Hour (800) 555-2580 private entities to ensure the most effective response. Lake State Railway (LSRC) 24 Hour Dispatch (989) 757-7560 Lake Superior & Ishpeming (LSI) EMERGENCIES & PROTECTION 24 Hour (906) 475-4781 In the event of a terrorist attack, natural disaster or other large-scale emergency, Trainmaster 24 hrs. (906) 475-5252 the Department of Homeland Security will assume primary responsibility for ensuring that emergency response professionals are prepared for any situation. Lapeer Industrial Railroad (LIRR) This will entail providing a coordinated, comprehensive federal response to 24 Hour (800) 555-2580 any large-scale crisis and mounting a swift and effective recovery effort. Marquette Rail (MQT) 24 Hour (866) 527-3499 Michigan Shore Railroad (MS) 24 Hour (866) 527-3499 Michigan Southern Railroad (MSO) (800) 914-3808 Mid-Michigan Railroad (MM) 24 Hour (866) 527-3499 Mineral Range Inc. (MRA) (906) 485-1100 Norfolk Southern Corp (NS) 24 Hour Police (800) 799-0994 Southern Michigan Railroad Society (SMRS) Mark Beekel (517) 403-5563 West Michigan Railroad (WMI) 24 Hour: (800) 914-3808

HOMELAND SECURITY RAILROAD EMERGENCY PHONE NUMBERS 33 2 CIVIL INFRACTIONS for such incidents, and then testing those plans and procedures in disaster GRADE CROSSING VIOLATIONS exercises centered on terrorist activities. Many businesses – especially larger MCL 257.667 ones that could potentially be a target of terrorism – have tested and assessed Stopping at railroad grade crossing; driving through, existing emergency plans and procedures and are training personnel in anti- around, or under crossing gate or barrier; violation as terrorism methods. These combined efforts of government, business and individual civil infraction. citizens form the cornerstone of Michigan’s continuing fight against terrorism. (1) When a person driving a vehicle approaches a railroad grade crossing under any of the following circumstances, the driver shall stop the vehicle not more than 50 feet but not less than 15 feet from the nearest rail of the railroad, and shall not proceed until the FEDERAL EMERGENCY driver can do so safely: (a) A clearly visible electric or mechanical signal device gives PREPAREDNESS & RESPONSE warning of the immediate approach of a railroad train. NATIONAL INCIDENT (b) A crossing gate is lowered or a flagman gives or continues to MANAGEMENT SYSTEM (NIMS) give a signal of the approach or passage of a railroad train. NIMS establishes standardized incident management processes, protocols, and (c) A railroad train approaching within approximately 1,500 feet procedures that all responders -- Federal, state, tribal, and local -- will use to of the highway crossing gives a signal audible from that coordinate and conduct response actions. With responders using the same distance, and the train by reason of its speed or nearness to standardized procedures, they will all share a common focus, and will be able the crossing is an immediate hazard. to place full emphasis on incident management when a homeland security (d) An approaching railroad train is plainly visible and is in incident occurs -- whether terrorism or natural disaster. In addition, national hazardous proximity to the crossing. preparedness and readiness in responding to and recovering from an incident (2) A person shall not drive a vehicle through, around, or under a is enhanced since all of the Nation's emergency teams and authorities are using crossing gate or barrier at a railroad crossing while the gate or a common language and set of procedures. barrier is closed or is being opened or closed or against the direction of a police officer. (3) A person who violates this section is responsible for a civil KEY FEATURES OF NIMS infraction. • Incident Command System (ICS) - NIMS establishes ICS as a standard incident management organization MCL 257.668 with five functional areas -- command, operations, planning, logistics, Designating certain grade crossings as “stop” crossings and finance/administration -- for management of all major incidents. or “yield” crossings; signs; duties of driver; cost of • Communications and Information Management yield sign installations; action for negligence; failure to - Standardized communications during an incident are essential and stop or yield as civil infraction. NIMS prescribes interoperable communications systems for both (1) The state transportation department with respect to highways incident and information management. under its jurisdiction, the county road commissions, and local • Preparedness authorities with reference to highways under their jurisdiction, may - Preparedness incorporates a range of measures, actions, and processes designate certain grade crossings of railways by highways as “stop” accomplished before an incident happens. crossings, and erect signs at the crossings notifying drivers of • Joint Information System (JIS) vehicles upon the highway to come to a complete stop before - NIMS organizational measures enhance the public communication crossing the railway tracks. When a crossing is so designated and effort. signposted, the driver of a vehicle shall stop not more than 50 feet • NIMS Integration Center (NIC) but not less than 15 feet from the railway tracks. The driver shall - To ensure that NIMS remains an accurate and effective management then traverse the crossing when it may be done in safety. tool, the NIMS NIC will be established by the Secretary of Homeland (2) The state transportation department with respect to highways Security to assess proposed changes to NIMS, capture, and evaluate under its jurisdiction, the county road commissions, and local lessons learned, and employ best practices. authorities with reference to highways under their jurisdiction, may designate certain grade crossings of railways by highways as yield crossings, and erect signs at the crossings notifying drivers of vehicles upon the highway to yield. Yield signs may be mounted on the same post as is the crossbuck sign. Drivers of vehicles approaching a yield sign at the grade crossing of a railway shall CIVIL INFRACTIONS HOMELAND SECURITY 3 32 What is Michigan doing about the threat of terrorism? maintain a reasonable speed based upon existing conditions and shall yield Terrorism is being addressed on many fronts in Michigan at federal, state and local the right-of-way. The cost of yield sign installations shall be borne equally levels. The Michigan State Police (MSP) is spearheading state government's response. by the railroad and the governmental authority under whose jurisdiction The Michigan State Police investigate suspected or potential criminal enterprises and the highway rests. The erection of or failure to erect, replace, or maintain activities – including those that involve terrorism – and works to prevent criminals a stop or yield sign or other railroad warning device, unless such devices or signs were ordered by public authority, shall not be a basis for an action of from perpetrating acts of terror in the first place. In fact, prevention is our number negligence against the state transportation department, county road one priority. In addition, the MSP (in conjunction with other state agencies) commissions, the railroads, or local authorities. continuously prepare to respond to terrorist incidents through its emergency planning, (3) A person who fails to stop or yield as required by this section is training and exercising efforts. Many state agencies, including the state departments responsible for a civil infraction. of Military Affairs, Environmental Quality, Agriculture, Transportation, and Community Health, have a critical role to play in Michigan’s response and recovery plans. MCL 257.669 Vehicles required to activate hazard warning lights and stop The MSP Emergency Management Division (EMD) is responsible for coordinating at railroad track grade crossing; driver to listen and look the state's response to a wide range of emergencies and disasters, both natural and in both directions; shifting gears prohibited; exceptions; manmade. While familiar hazards such as floods, tornadoes, chemical spills, wildfires, “inactive railroad track” defined; violation as civil infraction. and winter storms continue to threaten public health and safety in Michigan, terrorism (1) Except as provided in subsections (2), (3), and (4), the driver of a motor involving the use of chemical, biological, radiological, nuclear, or explosive (CBRNE) vehicle transporting 16 or more passengers including the driver, a motor weapons of mass destruction (WMD) have recently emerged as serious and disturbing vehicle carrying passengers for hire, or a motor vehicle that is required threats. to be marked or placarded under 49 CFR parts 100 to 180, before crossing a railroad track at grade, shall activate the vehicle hazard warning lights Recognizing that the state needs the ability to respond to terrorist events involving and stop the vehicle within 50 feet but not less than 15 feet from the the use of Weapons of Mass Destruction, a WMD Regional Response Team Network nearest rail. While stopped, the driver shall listen and look in both (RRTN) was formed. The RRTN provides quick response capability to WMD/terrorism directions along the track for an approaching train and for signals incidents, coordinates resources and expertise at local, state and federal levels across indicating the approach of a train, and shall not proceed until the driver a wide range of disciplines. Additionally, the resources of the local teams and can do so safely. After stopping as required in this subsection, and upon communities are supplemented with the Michigan Department of State Police proceeding when it is safe to do so, the driver of the vehicle shall cross contributing the resources and response of its Emergency Support Team, Canine only in a gear of the vehicle that does not require changing gears while Unit, Bomb Squad, Aviation Unit, and Underwater Recovery Unit. traversing the crossing. The driver shall not shift gears while crossing the track or tracks. In conjunction with the State Police special teams, the Michigan Urban Search and (2) A stop need not be made at a railroad track grade crossing where a police officer or a traffic-control signal directs traffic to proceed. Rescue (MUSAR) organization is also a critical response asset. Michigan Urban Search (3) A stop need not be made at an inactive railroad track grade crossing. As and Rescue, is a privately funded organization working in cooperation with the fire used in this subsection, “inactive railroad track” means a railroad track that service, local emergency management, the Michigan Department of State Police and meets all of the following requirements: private sector agencies. MUSAR's role is to provide a statewide capability for specialized (i) The track has been covered or removed. response to structural collapse emergencies and incidents requiring specialized (ii) All signs, signals, and other warning devices are removed. training in search and rescue. Michigan Urban Search and Rescue is prepared to (4) A stop shall not be made at a railroad grade crossing marked with a sign respond with specialized resources. reading “exempt”. Exempt signs may be erected only by or with the consent of the state transportation department after notice to and an The Michigan National Guard, 51st WMD/Civil Support Team, provides additional opportunity to be heard by the primary railroad operating over that support for the RRTN. The 51st WMD/Civil Support Team deploys to a WMD or crossing. suspected WMD incident in support of the local incident commander to: Assess a (5) A person who violates this section is responsible for a civil infraction. suspected nuclear, chemical, biological or radiological event; Advise the Incident Commander on appropriate courses of action to protect the local population; Assist with appropriate requests for state additional support. They also provide informational briefings, exercises, and cross training activities with state and local first responders. Local governments are also preparing for a wide range of emergency situations. Local law enforcement, fire, public works, and emergency medical agencies and personnel are being trained in how to properly respond to potential terrorism incidents. In addition, communities are developing plans and procedures HOMELAND SECURITY CIVIL INFRACTIONS 31 4 CIVIL INFRACTIONS MCL 257.669a REPORTING SPILLS Federal motor carrier safety regulations; adoption; The party responsible for the release has the obligation to clean up the spill. For transportation of persons and property over railroad- very small spills, minimal or no remediation may be necessary; if there is any highway grade crossings. question about this determination, the on-scene incident commander should contact (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and the appropriate DEQ/RRD district office. If remediation is necessary, the cleanup 392.11 on file with the office of the secretary of state, to provide for of any size spill is less expensive and involved if addressed promptly. If the release the safe transportation of persons and property over railroad-highway is serious and prompt cleanup is needed, the on-scene incident commander may grade crossings with the intent of following the policies and procedures choose to contact a cleanup contractor directly. If necessary, the RRD can also of the United States department of transportation’s federal motor help by establishing contact with the vehicle owner. Often, the insurance carrier carrier safety administration as they relate to title 49 of the code of federal of the owner of the vehicle involved will cover the cleanup and payment of costs regulations. For purposes of this subsection, “commercial motor vehicle” associated with a transportation release. means that term as defined in section 7a. (2) The driver of a commercial motor vehicle shall comply with a lawful order SPILL INFORMATION or direction of a police officer guiding, directing, controlling, or regulating Obtain the following information to assist in cleanup of an environmental spill: traffic at a railroad-highway grade crossing. Vehicle Owner Owner’s Representative Driver of Vehicle (3) The driver of a commercial motor vehicle shall not cross a railroad-highway Name: grade crossing unless the vehicle has sufficient undercarriage clearance. Address: (4) The driver of a commercial motor vehicle shall not cross a railroad-highway Phone: grade crossing unless the vehicle can be driven completely through the Specific Release Location: (street address, city, county, mile marker) and exact crossing without stopping. area where loss occurred (ditch, road shoulder, median, pavement, near or in (5) A person who violates this section is responsible for a civil infraction. surface water or wetlands) MCL 257.670 ______Operating or moving certain vehicles or equipment upon ______or across steam railroad tracks at grade level; notice of ______intended crossing; stopping, listening, and looking; warning; Material(s) released and estimated quantity released: violation as civil infraction. ______(1) A person shall not operate or move a caterpillar tractor, shovel, derrick, ______roller, boiler, machinery, or other structure or object upon rollers, or Date and time release was discovered: other equipment or structure, which, because of its limited power, or Cause of release: weight, character, or load, has a normal operating speed of 4 miles per Any actions taken in response to the loss and by whom: hour or less, or which has a vertical load or body clearance of less than 9 ______inches above the level surface of the roadway, upon or across the tracks of Name and phone number of insurance carrier, if available: a railroad at grade level without first complying with this section, except ______this section shall not apply to the movement of electrically propelled cars Name of on-scene commander/contact: on fixed rails or to their loads. Phone number (cellular if available): (2) Notice of the intended crossing described in subsection (1) shall be given Note: The liable party has reporting obligations that are not satisfied by this to the nearest agent or officer of the railroad in time to afford protection form. For complete information about reporting releases, contact your to its locomotives, trains, or cars at the crossing. nearest DEQ District Office. Information on spill release reporting can also (3) Before making the crossing, the person operating or moving the vehicle be accessed from the DEQ Home Page at: michigan.gov/deq (enter Spill or equipment shall first stop not less than 15 feet or more than 50 feet Release Reporting in search). from the nearest rail of the track and while stopped shall listen and look in both directions along the track for an approaching train and for signals CONTACT INFORMATION indicating the approach of a train, and shall not proceed until the crossing When requesting DEQ/RRD involvement, spills should be reported directly to the can be made safely. applicable DEQ district office during normal business hours (8 AM-5 PM). Please (4) A crossing shall not be made when warning is given by automatic signal fax this form to the district office and provide additional follow-up information, or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. such as photographs or sketches, as available. After hours and on weekends, (5) A person who violates this section is responsible for a civil infraction. releases can be reported by calling the DEQ’s Pollution Emergency Alerting System (PEAS) hotline at 800-292-4706.

CIVIL INFRACTIONS HAZARDOUS MATERIALS INCIDENTS 5 30 HAZARDOUS MATERIALS INCIDENTS Law enforcement officers responding to a crash or incident MCL 257.674 involving a hazardous material where a leak, spill, fire, or Prohibited parking; exceptions; bus loading zone; violation explosion has occurred, or may occur, or which holds a as civil infraction. potential for endangering life or property, should: states in part; • Notify the local fire department through dispatch. (1) A vehicle shall not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police • Attempt to identify the material involved if it can be officer or traffic-control device, in any of the following places: done safely and provide the information to dispatch. (i) Within 50 feet of the nearest rail of a railroad crossing. • Identification of the material can usually be made by (4) A person who violates this section is responsible for a civil infraction. obtaining the U.N. Identification Number from placards, shipping papers, or container labels, and consulting UNIFORM TRAFFIC CODE FOR CITIES, TOWNSHIPS, the U.S. DOT publication, "Emergency Response AND VILLAGES Guidebook." R 28.1711 Pedestrians; obedience to bridge and railroad barriers; • Using the information from the "Emergency Response violation as civil infraction. Guidebook" regarding suggested precautions for the (1) A pedestrian shall not pass through, around, over, or under any crossing particular material involved, necessary actions shall be taken to reduce the gate or barrier at a railroad grade crossing or bridge while the gate or immediate risk to life and property. barrier is closed or is being opened or closed. • For incidents involving unusual or unfamiliar hazardous materials, or for (2) A person who violates this rule is responsible for a civil infraction. assistance in contacting the shipper, Chemical Transportation Emergency Center, CHEMTREC, may be contacted. CHEMTREC can provide; - Immediate advice on the nature of the product and steps to be taken in handling the early stage of the incident. - Contact with the shipper of the material involved for more detailed information and appropriate follow-up, including on-scene assistance when feasible. CHEMTREC can be reached 24 hours a day at 1-800-424-9300. • Rescue attempts shall only be made when they will not endanger other lives, including that of the officer. • Secure the scene, pending the arrival of personnel from agencies having specific hazardous materials responsibilities. RESPONDING TO VEHICLE-RELATED RELEASES IN MICHIGAN Information for police and fire departments and other agencies responding to vehicle-related spills, and involvement by the Department of Environmental Quality (DEQ) in such incidents. TYPES OF SPILLS Transportation-related spills occur frequently on Michigan’s roads, highways, and railways. Releases from these accidents may include diesel fuel, gasoline, motor oil, transmission fluids, and anti-freeze. Accidents involving tankers, fuel oil delivery trucks, and other similar haulers may result in significant releases. Based on the nature and size of a release and the threat to public health, safety, or the environment, fire or police responders may seek input from the DEQ Remediation & Redevelopment Division (RRD).

HAZARDOUS MATERIALS INCIDENTS CIVIL INFRACTIONS 29 6 SCHOOL BUS VIOLATIONS MCL 257.1857 Driver of school bus at railroad track grade crossing; UD-10 requirements; “inactive railroad track” defined; exemptions; violation as civil infraction; fine; processing. QUESTIONS? (1) Except as provided in subsections (2), (3), (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 Call the 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 CRIMINAL JUSTICE 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 INFORMATION CENTER 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 517.322.5030 uniformed police officer or a traffic-control signal directs traffic to or proceed. (3) A stop need not be made at an inactive railroad track grade crossing. As 517.322.5418 used in this subsection, “inactive railroad track” means a railroad track that meets both of the following requirements: or (a) The track has been completely paved over or removed. (b) All signs, signals, and other warning devices are removed. 517.322.6910 (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 Or visit the Web Site at: 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 www.michgan.gov/crash 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. Be Safe at Highway-Rail (6) A person who violates this section is responsible for a civil Intersections. infraction and may be ordered to pay a civil fine of not more than $100.00. A civil infraction under this subsection shall be LOOK, LISTEN, LIVE! processed in the same manner as a civil infraction under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

CIVIL INFRACTIONS 7 28 BACK OF FORM UD-10 RAILROAD CODE VIOLATIONS AUTHORITY AND POWERS OF ARREST MCL 462.253 MISDEMEANORS Person using abusive, profane, or indecent language or exhibiting violent conduct; powers of conductor. A person who uses abusive, profane, or indecent language or exhibits violent conduct may be taken into custody by the conductor of the train and removed to a safe and secure place on the train until its arrival at some usual stopping place, where he or she may be put off the train and put into the custody of some proper officer for prosecution if necessary. For this purpose railroad conductors, while in charge of trains, are hereby invested with the powers of sheriffs and peace officers. MCL 462.255 Conduct as misdemeanor; penalty; powers of conductor or freight agent; duties of police officer; jurisdiction of court. (1) A person who, while riding in the car of a freight, passenger, or other train on any railroad in this state, uses or utters indecent, obscene, or profane language in the hearing of other passengers, riotously or boisterously conducts himself or herself to the annoyance of other passengers, or who obtains or attempts to obtain money or property from any passenger or person by means of any game or device, shall, on conviction, be guilty of a misdemeanor, punishable by a fine of not to exceed $100.00, or 73 for not to exceed 90 days, or both. (2) Railroad conductors are hereby invested with the powers of sheriffs and constable in regard to offenses under this section occurring upon trains or cars in their charge, and may arrest and detain a person who violates this section until the car or train arrives at a usual stopping place, where the conductor may deliver the person to a police officer with a written statement specifying generally the offense or offenses the person has committed. (3) If a police officer is not present to receive the person, the conductor may deliver him or her to the ticket or freight agent at that stopping place, with the statement. The freight agent shall detain the offender in his or her custody, and may exercise the powers of sheriffs and constables in regard to persons charged with crimes in doing so, until a police officer may be obtained to take charge of the offender. (4) The police officer shall institute a complaint against the person for the alleged offense before the district or municipal court of the judicial district or municipality in which the offense was committed. The court shall have jurisdiction to try the offender and to impose the penalties authorized by this section.

73. SEQUENCE OF EVENTS - Required MCL 462.377 Collision with Non-Fixed Objects. Railroad police officer; duties and powers. Code “19” for Railroad Train/Engineer. Every railroad police officer, who is appointed and commissioned as provided in this act, shall have, exercise, and possess, throughout the state, while in the discharge of his or her duties as a railroad police officer, the powers of sheriffs, marshals, constables, and officers except in the service of civil process. A railroad police officer shall enforce and compel obedience to the laws of this state and to the ordinances of the cities, villages, and townships of this state when engaged in the discharge of his or her duties as a railroad police officer for the company. TRAFFIC CRASH REPORTING RAILROAD CODE VIOLATIONS - MISDEMEANORS 27 8 MISDEMEANORTRAFFIC CRASH VIOLATIONS REPORTING F RONT OF FORM UD-10 The accurate reporting of crashes involving trains is essential to grade crossing TRESPASSsafety experts. Proper coding of the Official Traffic Crash Report (UD-10) assures the •necessary Unlike Michigan’s distribution general of crash trespass data statute, to the Michigan’s agencies which require this information Railroad for crash Trespass analysis statute and does statistical not require purposes. that a trespasserThe following be 10 section will help assure consistent reporting of vehicle/train crashes. warned or prohibited from entering onto railroad property in 11 order to enforce the statute. The current version and instruction manual for the UD-10 can be found online 23 at:http://www.michigan.gov/crash• Peace officers have authority to enforce railroad trespass on railroad property and need not obtain permission from a 27 The following railroad information in order is todirectly do so. from the instruction manual and pertains specifically to crashes involving railroads. MCLAreas 462.273 not specifically covered in this publication should be completed as in 32 any other crash report. Walking, riding, driving, or being upon or along right-of- 31 36 way or yard; permission required; “right-of-way” defined; being10. NUMBER upon, entering, OF UNITS or damaging - Required buildings, rolling stock,Enter or equipment; the total number applicability of units (Motor of Vehicles,section; Pedestrians, violation Bicycles, as and misdemeanor;Engineers [railroad/train]) penalty. that were physically involved. 44 (1) Except in the case of a right-of-way designated as a demonstration 48 11.snowmobile CRASH trailTYPE in section - Required 82126 of part 821 (snowmobiles) of the natural 53 resourcesA crash and that environmental includes only protection one motor act, vehicle Act No. as 451 defined of the in Public the UD-10 58 Actsmanual. of 1994, This being includes section those 324.82126 cases ofwhere the Michigan a motor vehicleCompiled was Laws, the aonly persontraffic shall unit, not and walk, the ride, only drive, motor or bevehicle upon involvedor along thethat right-of-way collided with or a train. yard of a railroad company operating its lines within this state, or go upon 23.or crossAREA the - right-of-wayRequired or yard at a place other than a public or private crossing,Code unless“16” for having “grade first crossing obtained related”. written permission from the owner or occupant railroad, its agent or servant. (2) 27. For LOCATION purposes of this - Required section, “right-of-way” means the track or roadbed ownedMost by railroad a railroad crossings and that have property a National owned Inventoryby a railroad (NI) which number. is located This NI on eithernumber side is ofusually its tracks attached and which to the is railroadreadily recognizable crossing signal to a support reasonable or the personcrossbuck as being sign railroad support property at the or grade is reasonably crossing. identified When locating as such crashesby at 69 fencing,or near the a existence railroad crossing,of railroad the tracks, NI number or appropriate can be usedsigns. as a reference point (3) A personjust as shalla street not namebe upon, could. enter, The or NIdamage number any has buildings, a maximum rolling of stock, six numbers or equipmentfollowed byof aany letter railway and companyis displayed operating at the itscrossing lines within in this this format state. (233- (4) This106-P). section Whenshall not using apply the to NI any number of the following:to reference a traffic crash, record it (a) Passengers on trains or employees of a railroad company while engaged 44. VEHICLE REGISTRATION - Required inas thethe performance intersecting streetof the withduties the of following their employment. format (RR233106P). Code in the Engine # from the lead engine. (b) An authorized representative of the railroad employees. 31.(c) AUNIT person TYPE going - uponRequired the right-of-way or tracks to save human life or to 48. VEHICLE DESCRIPTION protectCode “E” property. for “Engineer” (Railroad/Train). Fill in information from the Inspection Certificate in the engine crew compartment. (d) A person going or being upon or in the station grounds or depot of the 32. railroadDRIVER company - Required as a passenger if known or for the purpose of transacting 53. VEHICLE TYPE - Required businessEnter the with information the railroad for company. the engineer in the spaces provided. Print the Code “Other” for (Railroad/Train). (e) Aword person, “Train” members in the of space his or provided her family, for or Driver his or License her employees Number. going upon the right-of-way or tracks for the purpose of crossing from 1 part 58. VEHICLE USE - Required 36. toPOSITION another of -a Requiredfarm he or she may own or lease, where the farm lies Code “11” for “other”. onIf the both unit sides is anof Engineer,the right-of-way. enter the code “E” in the right hand box. (f) A person having written permission to go upon the right-of-way or 69. PUBLIC PROPERTY DAMAGE - Required tracks granted by the railroad company, a person using officially Mark Yes (Y) if the damage was to a Railroad Sign or Signal. abandoned rights-of-way for recreational purposes, the Michigan public MISDEMEANORTRAFFIC CRASH VIOLATIONS REPORTING TRAFFICMISDEMEANOR CRASH VIOLATIONS REPORTING 925 2610 TRAFFIC CRASH REPORTING The accurate reporting of crashes involving trains is essential to grade crossing service commission, the state transportation department, the interstate safety experts. Proper coding of the Official Traffic Crash Report (UD-10) commerce commission, or the federal railroad administration. assures the necessary distribution of crash data to the agencies which require (g) A registered land surveyor or his or her employees for the purpose of this information for crash analysis and statistical purposes. The following making land surveys. section will help assure consistent reporting of vehicle/train crashes. (5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than The current version and instruction manual for the UD-10 can be found online $100.00, or both. at:http://www.michigan.gov/crash The following information is directly from the instruction manual and pertains DERAILMENT specifically to crashes involving railroads. MCL 462.257 Conduct as felony or misdemeanor; penalties. Areas not specifically covered in this publication should be completed as in (1) A person who causes or attempts to cause the derailment of an engine, any other crash report. cars, or track vehicle used on railroad tracks by the placing of an impediment upon the track of a railroad, whether the engine, cars, or track 10. NUMBER OF UNITS - Required vehicle are thrown from the track or not, or who by any other means Enter the total number of units (Motor Vehicles, Pedestrians, Bicycles, and whatsoever shall willfully endanger or attempt to endanger the lives of Engineers [railroad/train]) that were physically involved. persons engaged in the work of the railroad, or persons traveling on the engine or cars of the railroad, is guilty of a felony and subject to 11. CRASH TYPE - Required imprisonment for life, or any number of years, in the discretion of the A crash that includes only one motor vehicle as defined in the UD-10 court. It shall not be necessary for the people to allege or prove that the manual. This includes those cases where a motor vehicle was the only person intended to injure or endanger the life of any particular person or traffic unit, and the only motor vehicle involved that collided with a train. persons. (2) A person who throws a stone, brick, or other missile at a train or track 23. AREA - Required vehicle is guilty of a misdemeanor punishable by a fine of not less than Code “16” for “grade crossing related”. $100.00 or more than $500.00, or imprisonment for not less than 10 or more than 90 days, or both. 27. LOCATION - Required Most railroad crossings have a National Inventory (NI) number. This NI MCL 462.267 number is usually attached to the railroad crossing signal support or the Light or banner attached to switch or derailing device; crossbuck sign support at the grade crossing. When locating crashes at prohibited conduct; violation as misdemeanor; penalty. or near a railroad crossing, the NI number can be used as a reference point (1) A person not authorized by a railroad company shall not destroy, remove, just as a street name could. The NI number has a maximum of six numbers change, extinguish, or tamper with in any manner, any light or banner followed by a letter and is displayed at the crossing in this format (233- attached to or connected with any switch or derailing device maintained by 106-P). When using the NI number to reference a traffic crash, record it a railroad company. as the intersecting street with the following format (RR233106P). (2) A person who violates this section is guilty of a misdemeanor, punishable by a fine of not less than $100.00, or more than $500.00, or by 31. UNIT TYPE - Required imprisonment for not less than 10 days or more than 60 days. Code “E” for “Engineer” (Railroad/Train). MCL 750.518 Boarding railroad train while in motion. 32. DRIVER - Required if known Boarding railroad train while in motion—Any person who shall jump or step Enter the information for the engineer in the spaces provided. Print the on board of any railroad train, locomotive or car when in motion except word “Train” in the space provided for Driver License Number. employees and passengers at railway stations shall be guilty of a misdemeanor. 36. POSITION - Required If the unit is an Engineer, enter the code “E” in the right hand box.

TRAFFIC CRASH REPORTING MISDEMEANOR VIOLATIONS 25 10 FELONY VIOLATIONS MCL 445.427 Record of purchase transaction; preparation and maintenance; duration; location; availability for inspection; contents; MCL 462.363 exception; use of electronic record-keeping system. Refusal to submit to chemical test; report. Sec. 7. states in part; Sec. 363 (1) Subject to subsection (4), and except as otherwise provided in this section, a scrap If a person refuses the request of a peace officer to submit to a chemical metal dealer shall prepare and maintain a separate, accurate, and legible record of test offered pursuant to section 359, a test shall not be given without a each purchase transaction. The dealer shall maintain the records described in this court order. A written report shall be forwarded by the peace officer to section for at least 1 year; the dealer shall keep the records in a location that is readily the federal department of transportation. The report shall state that the accessible to a local, state, or federal , or to railroad police in investigation of stolen railroad property, for inspection during normal business officer had reasonable grounds to believe that the person had committed hours; and the dealer shall make the records, or copies of those records, available on a crime described in section 361, and that the person had refused to request to any local, state, or federal law enforcement agency. submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. MCL 445.430 Sale or purchase of certain property prohibited. Sec. 10. states in part; A person shall not knowingly sell or attempt to sell to a scrap metal dealer, and a scrap metal dealer shall not knowingly purchase or offer to purchase, any of the following types of property: (d) Metal articles or materials removed from property owned by a railroad company or from a railroad right-of-way. This subdivision does not apply if the seller is the owner of the metal articles or materials; is the manufacturer of the metal articles or materials; is a contractor engaged in the business of repairing railroad equipment; or is a person that has written authorization from that owner, manufacturer, or contractor to sell those metal articles or materials. MCL 445.433 Violation of MCL 445.427 or 445.429 as misdemeanor; malfunction as affirmative defense; conduct as felony; penalties; report by department of state police. Sec. 13. states in part; (2) In connection with a purchase transaction, each of the following is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, for a first offense and is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, for a second or subsequent offense: (a) A scrap metal dealer that purchases scrap metal or an item of property described in section 10 and knew or should have known that it was stolen. (b) A person that sells scrap metal or an item of property described in section 10 to a scrap metal dealer and knew or should have known that it was stolen. MCL 750.383a Destruction of certain property used in connection with appliance or component of electric, telecommunication, or natural gas infrastructure that is property of utility; violation; penalty; “utility” defined. A person, without lawful authority, shall not willfully cut, break, obstruct, injure, destroy, tamper with or manipulate, deface, or steal any machinery, tools, equipment, telephone line or post, telegraph line or post, telecommunication line, tower, or post, electric line, post, tower or supporting structures, electric wire, insulator, switch, or signal, natural gas pipeline, water pipeline, steam heat pipeline or the valves or other appliances or equipment appertaining to or used in connection with those lines, or any other appliance or component of the electric, telecommunication, or natural gas infrastructure that is the property of a utility. A person who violates this section is guilty of a felony FELONY VIOLATIONS ALCOHOL/DRUG RELATED INCIDENTS 11 24 VIOLATIONS BY THE RAILROAD punishable by imprisonment for not more than 5 years or a fine of not more than the result of a chemical analysis of that sample is admissible in any criminal $5,000.00, or both. As used in this section, “utility” includes any pipeline, gas, electric, proceeding to show the amount of alcohol or presence of a controlled heat, water, oil, sewer, telephone, telegraph, telecommunication, radio, railway, railroad, substance or both in the person's blood at the time alleged, regardless of airplane, transportation, communication or other system, whether or not publicly whether the person had been offered or had refused a chemical test. The owned, that is operated for the public use. medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results MCL 750.394 Train, car, or vehicle, throwing, propelling, or dropping stone for use in a criminal prosecution as provided in this subsection. A medical or object; violation; penalty; “serious impairment” defined. facility or person disclosing information in compliance with this subsection (1) A person shall not throw, propel, or drop a stone, brick, or other dangerous object is not civilly or criminally liable for making the disclosure. at a passenger train, sleeping car, passenger coach, express car, mail car, baggage (10) If after an accident the operator of a locomotive engine involved in the car, locomotive, caboose, or freight train or at a street car, trolley car, or motor accident is deceased, a sample of the decedent's blood shall be withdrawn vehicle. by the medical examiner or attending personnel of the medical facility in (2) A person who violates this section is guilty of a crime as follows: a manner directed by the medical examiner for the purpose of determining (a) Except as provided in subdivisions (b), (c), and (d), the person is guilty of a the amount of alcohol or presence of a controlled substance or both. The misdemeanor punishable by imprisonment for not more than 93 days or a results of the blood testing shall be released to a prosecuting attorney for fine of not more than $100.00, or both. (b) Except as provided in subdivision (c), (d), or (e), if the violation causes property use in a criminal prosecution as provided in this section. A medical facility damage, the person is guilty of a misdemeanor punishable by imprisonment for disclosing information in compliance with this subsection is not civilly or not more than 1 year or a fine of not more than $500.00, or both. criminally liable for making the disclosure. (c) If the violation causes injury to any person, other than serious impairment or (11) The obtaining or analysis of a person's blood, breath, or urine under this death, the person is guilty of a felony punishable by imprisonment for not more section shall not be performed in a manner prohibited by the federal than 4 years or a fine of not more than $2,000.00, or both. railroad administration, United States department of transportation. (d) If the violation causes serious impairment to any person, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both. MCL 462.361 (e) If the violation causes death to any person, the person is guilty of a felony Chemical tests of blood, breath, or urine; consent; administration. punishable by imprisonment for not more than 15 years or a fine of not more Sec.361 than $10,000.00, or both. (1) A person who operates a locomotive engine upon the railroad tracks of this (3) A criminal penalty provided for under this section may be imposed in addition to state is considered to have given consent to chemical tests of his or her any penalty that may be imposed for any other criminal offense arising from the blood, breath, or urine for the purpose of determining the amount of alcohol same conduct or for any contempt of court arising from the same conduct. or presence of a controlled substance or both in his or her blood if: (4) As used in this section, “serious impairment” means that term as defined in section (a) The person is arrested for a violation of section 353 or a local ordinance 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c. substantially corresponding to section 353(1) or (2). MCL 750.511 (b) The person is arrested for murder or manslaughter resulting from the Attempt to wreck or endanger safety of passengers. operation of a locomotive engine, and the peace officer had probable Attempt to wreck railroad trains or endanger safety of passengers—Any person who cause to believe that the person was operating the locomotive engine shall place upon any railroad any timber, stone, iron or other obstruction, or who shall while impaired by or under the influence of alcoholic liquor or a change any switch or track, or who shall loosen or displace any rail of the track of such controlled substance or a combination of alcoholic liquor and a controlled railroad, or who shall change the brakes upon any car or cars standing on any railroad substance, or while having a blood alcohol content of 0.04 grams or track in this state or who shall break down or displace, destroy or injure any bridge, more per 100 milliliters of blood, per 210 liters of breath, or per 67 culvert or embankment of any railroad, or do any other act with intent to endanger milliliters of urine. the safety of any person traveling or being upon such railroad, or to throw from such (2) A person who is afflicted with hemophilia, diabetes, or a condition requiring railroad any locomotive, tender, or car moving along the track of such railroad, on the use of an anticoagulant under the direction of a physician shall not be which shall be any person or property liable to be injured thereby, shall be guilty of a considered to have given consent to the withdrawal of blood. felony, punishable by imprisonment in the state prison for life or for any term of years. (3) The chemical tests shall be administered as provided in section 359. MCL 750.512 Uncoupling locomotive or cars. Uncoupling locomotive or cars—Any person, not being employed on any railroad, who shall wilfully and maliciously uncouple or detach the locomotive or tender, or any of the cars of any railroad train, or shall in any way aid, abet, or procure the doing of the same, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars. ALCOHOL/DRUG RELATED INCIDENTS FELONY VIOLATIONS 23 12 NATURAL RESOURCES & ENVIRONMENTAL PROTECTION ACT OFF-ROAD VEHICLES to a licensed physician or individual operating under the delegation of MCL 324.81133 a licensed physician who withdraws blood or analyzes blood or assists Operation of ORV; in the withdrawal or analysis in accordance with this section unless the prohibited acts; withdrawal or analysis is performed in a negligent manner. crash helmet and protective eyewear (5) The tests shall be administered at the request of a peace officer having required; exception; probable cause to believe the person has committed a crime described assumption of risk. in subsection (1). A person who takes a chemical test administered at SEC. 81133 the request of a peace officer, as provided in this section, shall be given states in part; a reasonable opportunity to have a person of his or her own choosing (1) An individual shall not administer 1 of the chemical tests described in this section within a operate an ORV: reasonable time after his or her detention. The results of the test shall (m) On an operating or be admissible and shall be considered with other admissible evidence nonabandoned railroad or in determining the innocence or guilt of the defendant. If the person railroad right-of-way, or charged is administered a chemical test by a person of his or her own public utility right-of-way, choosing, the person charged is responsible for obtaining a chemical other than for the purpose analysis of the test sample. The person charged shall be informed that of crossing at a clearly after taking a test administered at the request of a peace officer he or established site intended she has the right to demand that a person of his or her own choosing for vehicular traffic, except administer 1 of the tests provided for in subsection (1), that the results railroad, public utility, or of the test shall be admissible and shall be considered with other admissible law enforcement personnel evidence in determining the innocence or guilt of the defendant, and while in performance of that the person charged is responsible for obtaining a chemical analysis their duties, and except if the of the test sample. right-of-way is designated as provided for in section (6) The person charged shall be advised that if the person refuses the request 81127. of a peace officer to take a test described in this section, a test shall not (3) Each person who be given without a court order, but the officer may seek to obtain the participates in the sport of ORV riding accepts the risks associated with that sport court order. insofar as the dangers are inherent. Those risks include, but are not limited to, injuries to persons or property that can result from variations in terrain; defects in (7) This section shall not be construed as limiting the introduction of any traffic lanes; surface or subsurface snow or ice conditions; bare spots; rocks, trees, other competent evidence, including a video tape recording taken of, and other forms of natural growth or debris; and collisions with fill material, decks, and with prior notice to the person, bearing upon the question of whether bridges, signs, fences, trail maintenance equipment, or other ORVs. Those risks or not the person was impaired by or under the influence of alcoholic do not include injuries to persons or property that result from the use of an ORV liquor or a controlled substance, or a combination of alcoholic liquor by another person in a careless or negligent manner likely to endanger person or and a controlled substance, or whether the person had a blood alcohol property. When an ORV is operated in the vicinity of a railroad right-of-way, each content of 0.04 grams or more per 100 milliliters of blood, per 210 liters person who participates in the sport of ORV riding additionally assumes risks of breath, or per 67 milliliters of urine. including, but not limited to, entanglement with railroad tracks, switches, and ties and (8) If a jury instruction regarding a defendant's refusal to submit to a chemical collisions with trains and train-related equipment and facilities. test under this section is requested by the prosecution or the defendant, the jury instruction shall be given as follows: “Evidence was admitted in MCL 324.81147 this case which, if believed by the jury, could prove that the defendant Violation of part as misdemeanor or civil violation; had exercised his or her right to refuse a chemical test. You are instructed penalties; restoration; impoundment; disposition of seized that such a refusal is within the statutory rights of the defendant and is ORV or personal property. not evidence of his or her guilt. You are not to consider such a refusal (1) Except as otherwise provided in this part, a person who violates this part is guilty in determining the guilt or innocence of the defendant.” of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $1,000.00, or both, for each violation. (9) If after an accident the operator of a locomotive engine involved in the accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, FELONYMISDEMEANOR VIOLATIONS VIOLATIONS ALCOHOL/DRUG RELATED INCIDENTS 13 22 VIOLATIONS BY THE RAILROAD CHEMICAL TESTS SNOWMOBILES MCL 324.82126 MCL 462.359 Operation of Chemical test and analysis of operator's blood, urine, or breath. snowmobile; Sec. 359 prohibitions; (1) The amount of alcohol or presence of a controlled substance or both in the exemption; operator's blood at the time alleged as shown by chemical analysis of that construction, person's blood, urine, or breath shall be admissible into evidence in a criminal operation, and prosecution for any of the following: maintenance of snowmobile (a) A violation of section 353 or 357 or of a local ordinance substantially trail; conditions; corresponding to section 353(1) or (2) or 357. demarcation of trail (b) Manslaughter or murder resulting from the operation of a locomotive by signing; “operate” engine while the operator is alleged to have been impaired by or under defined; prohibited the influence of alcoholic liquor or a controlled substance or a combination conduct; assumption of alcoholic liquor and a controlled substance, or to have had a blood of risk; violation of alcohol content of 0.04 grams or more per 100 milliliters of blood, per subsection 210 liters of breath, or per 67 milliliters of urine. SEC. 82133 (2) If a test is given, the results of the test shall be made available to the person (2) as civil infraction; fine. charged or the person's attorney upon written request to the prosecution, states in part; with a copy of the request filed with the court. The prosecution shall furnish (1) A person shall not operate the report at least 2 days before the day of the trial and the results shall be a snowmobile under any of offered as evidence by the prosecution in that trial. Failure to fully comply the following circumstances: with the request shall bar the admission of the results into evidence by the (i) On a railroad or railroad prosecution. right-of-way. This prohibition does not apply to railroad (3) Except in a prosecution relating solely to a violation of section 353(2), the personnel, public utility amount of alcohol in the operator's blood at the time alleged as shown by personnel, law enforcement personnel while in the performance of their duties, or chemical analysis of that person's blood, urine, or breath shall give rise to persons using a snowmobile trail located on or along a railroad right-of-way, or an the following presumptions: at-grade snowmobile trail crossing of a railroad right-of-way, that has been expressly (a) If there was at the time less than 0.04% grams per 100 milliliters of approved in writing by the owner of the right-of-way and each railroad company blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be using the tracks and that meets the conditions imposed in subsections (4) and (5). A presumed that the person was not impaired by or under the influence snowmobile trail or an at-grade snowmobile trail crossing shall not be constructed on of intoxicating liquor. a right-of-way designated by the federal government as a high-speed rail corridor. Each (b) If there was at the time 0.04% grams or more per 100 milliliters of blood, person who participates in the sport of snowmobiling accepts the risks associated with per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that sport insofar as the dangers are obvious and inherent. Those risks include, but are that the person was impaired by or under the influence of intoxicating not limited to, injuries to persons or property that can results from variations in terrain; liquor. surface or subsurface snow or ice conditions; bare spots; rocks, trees, and other forms of natural growth or debris; and collisions with signs, fences, or other snowmobiles or (4) A sample or specimen of urine or breath shall be taken and collected in a snow-grooming equipment. Those risks do not include injuries to persons or property reasonable manner. Only a licensed physician, or an individual operating that can result from the use of a snowmobile by another person in a careless or under the delegation of a licensed physician under section 16215 of the negligent manner likely to endanger person or property. When a snowmobile is public health code, 1978 PA 368, MCL 333.16215, and qualified to withdraw operated in the vicinity of a railroad right-of-way, each person who participates in the blood acting in a medical environment, at the request of a peace officer, may sport of snowmobiling additionally assumes risks including, but not limited to, withdraw blood for the purpose of determining the amount of alcohol or entanglement with tracks, switches, and ties and collisions with trains and other presence of a controlled substance or both in the person's blood, as provided equipment and facilities. in this section. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach MCL 324.82133 Violation of part; misdemeanor. Except as otherwise provided in this part, a person who violates this part is guilty of a misdemeanor. ALCOHOL/DRUG RELATED INCIDENTS MISDEMEANOR VIOLATIONS 21 14 VIOLATIONS BY THE RAILROAD • A written report shall be forwarded by the peace officer to the United OBSTRUCTION OF TRAFFIC States Department of Transportation. The report shall state that the officer MCL 462.391 had reasonable grounds to believe that: Obstruction of vehicular traffic; offenses as separate - The person had committed a crime (OUIL, Per Se, or Impaired), violations; penalty; allocation of fines. - That the person had refused to submit to the test on the request (1) A railroad shall not permit a train to obstruct vehicular traffic on a public of the peace officer, and street or highway for longer than 5 minutes at any 1 time, except the obstruction shall not be considered a violation under the following - The person had been advised of the consequences of the refusal. circumstances: • The officer should request a search warrant for the person's blood per (a) If the train is continuously moving in the same direction at not less than local prosecutor policy. 10 miles per hour for not longer than 7 minutes. (b) If the railroad can show that the incident occurred as a result of a verifiable accident, mechanical failure, or unsafe condition. DECEASED OPERATOR MCL 462.359 (10) NOTE: A decision on March 21, 2002, by the Sixth Federal Circuit Court of Appeals ruled that issuing citations to railroad companies for this section • If after an accident the operator of a locomotive engine involved in the is unconstitutional. Therefore, no enforcement action is to be taken under accident is deceased, a sample of the decedent's blood shall be withdrawn subsection ( l ). CSX TRANSPORTATION, INC., Plaintiff, v. CITY OF by the medical examiner or attending personnel of the medical facility PLYMOUTH and Jennifer M. Granholm, Attorney General of the State of in a manner directed by the medical examiner for the purpose of determining Michigan, Defendants. Docket No. No. 98-73615. BAC or the presence of a controlled substance or both. (2) A railroad shall not permit successive train movements to obstruct • In the absence of railroad police or authorities, the investigating officer vehicular traffic on a public street or highway until all vehicular traffic shall inform the medical examiner that two samples of blood need to be previously delayed by such train movements has been cleared. withdrawn; one to be submitted to the Michigan Department of State (3) A railroad company shall not permit its employees to allow the activation Police using the standard alcohol specimen collection kit, and the other of active traffic control devices at a railroad grade crossing for more than to be submitted to the Federal Railroad Administration in a specimen kit 2 minutes if there is no intention to move a train or track equipment provided by the involved railroad, pursuant to the Code of Federal through the crossing within 20 seconds to 60 seconds after the activation Regulations, Title 49, §219.207. of the devices. (4) Each offense under this section shall be a separate violation punishable by a fine of not more than $500.00 unless the railroad is willfully, deliberately, and negligently blocking vehicular traffic and then the fine shall be not ENFORCEMENT more than $1,000.00 and the costs of prosecution. • Violations shall be written on a Uniform Law Citation, and a warrant (5) All fines civil or otherwise collected by a local unit of government in excess sought through normal procedures. Local prosecutor policy shall be of $10,000.00 annually from the enforcement of a local ordinance adhered to in lieu of this section. substantially similar to this section shall be allocated as follows: • To make an arrest, the following procedures have been established: (a) Fifteen percent shall be retained by each local unit of government for - Determine who was operating the train. costs of enforcement of the ordinance. - Perform standard sobriety tests. (b) Eighty-five percent shall be deposited in a railroad grade crossing safety - A preliminary breath test may be administered; however a refusal fund. The revenue collected in this fund shall be used solely for railroad is not a violation. grade crossing safety projects in these local units of government. - Lodge the offender in the county where the offense occurred, or - Turn the offender over to his or her supervisor, or the investigating railroad authorities. - Interim bond shall not be taken.

VIOLATIONS BY THE RAILROADS ALCOHOL/DRUG RELATED INCIDENTS 15 20 VIOLATIONS BY VIOLATIONS BY THE RAILROAD RAILROAD EMPLOYEES (9) Before imposing sentence for a violation of this section, the court shall order INVESTIGATING ALCOHOL/DRUG the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether RELATED INCIDENTS the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay U.S. Department of Transportation Federal Railroad Admin for the costs of the screening, assessment, and rehabilitative services. HIGHWAY–RAIL GRADE CROSSING ACCIDENTS (10) Before accepting a plea of guilty under this section, the court shall advise the accused of the statutory consequences possible as the result of a plea of • The Federal Railroad Administration (FRA) regulates rail safety in the U.S. As guilty in respect to the penalty imposed for violation of this section. part of its safety mission, FRA conducts alcohol and drug tests on train crews who have been involved in major accidents. (11) As used in this section, “prior conviction” means a conviction under this • FRA’s alcohol and drug testing regulations (Title 49, Code of Federal section, a local ordinance substantially corresponding to subsection (1) or (2), Regulations Part 219) exempt a train crew who has been involved in a or a law of another state or the United States substantially corresponding to highway-rail grade crossing accident from Federal testing. subsection (1) or (2). • Why? Because trains have much longer stopping distances than cars, trucks, and other motor vehicles. At 55 mph, it can take a train more than a mile to MCL 462.357 stop. For this reason, the crew has little or no chance to avoid an impact by the Locomotive engine; authorization or knowledge of operation by person time they have spotted a person or vehicle stopped on the tracks. under influence of alcoholic liquor or controlled substance. • FRA regulations preempt state and local regulations requiring testing of railroad Sec.357 employees after train accidents, but there is an exception for enforcement of The owner of a locomotive engine or the person in charge or in control of a state and local criminal laws. locomotive engine, or a person acting as a conductor of any train of cars, shall • Local police may test a train crew under their own authority if they have not knowingly authorize or knowingly permit the locomotive engine to be probable cause to believe that the crew contributed to the cause or severity operated upon the railroad tracks of this state by a person who is impaired of a highway-rail grade crossing accident. As explained above, the train crew’s by or under the influence of alcoholic liquor or a controlled substance, or a involvement in a fatal crash should not be the lone factor in determining combination of alcoholic liquor and a controlled substance or who has an whether probable cause for testing exists. alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 • For more information, visit http://www.fra.dot.gov/Page/P0345, or contact liters of breath, or per 67 milliliters of urine. A person who violates this section Jerry Powers, (202) 493-6313; or Patricia Sun, (202) 493-6060. is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not less than $100.00 nor more than $500.00, or both, Title 49 – Transportation together with costs of the prosecution. Chapter II – Federal Railroad Administration, Department CHEMICAL TEST REFUSAL Of Transportation MCL 462.363 Part 219 – Control Of Alcohol And Drug Use • Michigan law requires a police officer to advise a person who refuses to submit Subpart C – Post-Accident toxicological Testing to a chemical test of the consequences of their refusal. • Most railroads have a strict employment policy that an employee refusing to Sec. 219.201 submit to a chemical test requested by a police officer having reasonable Events for which testing is required. suspicion that the employee was under the influence of alcohol or drugs will states in part; result in a suspension of employment. (a)(4)(b) Exceptions. No test may be required in the case of a collision between railroad rolling stock and a motor vehicle or other highway conveyance at a rail/ • The Code of Federal Regulations, Title 49, § 219.213 provides that an employee highway grade crossing. No test may be required in the case of an accident/ who refuses to cooperate in providing a blood or urine sample to the railroad incident the cause and severity of which are wholly attributable to a natural cause following an accident or incident other than a car/train collision shall be (e.g., flood, tornado, or other natural disaster) or to vandalism or trespasser(s), withdrawn from covered service and shall be deemed disqualified for covered as determined on the basis of objective and documented facts by the railroad services for a period of nine (9) months. representative responding to the scene.

ALCOHOL/DRUG RELATED INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 19 16 VIOLATIONS BY RAILROAD EMPLOYEES MICHIGAN LAW AND ENFORCING UNDER THE INFLUENCE ALCOHOL/DRUG RELATED INCIDENTS MCL 462.353 An officer seeking alcohol or drug related charges against an employee of the railroad under any circumstances involving a rail- Sec.353 related incident should first consult with their local prosecutor and (1) A person who is under the influence of alcoholic liquor or a controlled do so jointly with the involved railroad police authority. substance, or a combination of alcoholic liquor and a controlled substance, or whose ability to operate a locomotive engine is visibly impaired due If it is determined that it is appropriate to charge the employee under state law to the consumption of alcoholic liquor or a controlled substance or both the following guidelines should be followed: shall not operate a locomotive engine upon the railroad tracks of this state. A peace officer may, without a warrant, arrest a person when the Providing a peace officer had reasonable grounds to believe that a person peace officer has probable cause to believe that the person, at the time was operating a locomotive engine while under the influence, a person who of an accident, was the operator of a locomotive engine involved in the operates a locomotive engine on the railroad tracks of this state is considered accident and was operating the locomotive engine upon the railroad to have given consent to chemical tests of his or her blood, breath, or urine if: tracks of this state while impaired by or under the influence of alcoholic • The person is arrested for OUIL, Per Se, or Impaired, or liquor or a controlled substance, or a combination of alcoholic liquor and • The person is arrested for manslaughter resulting from the operation of a a controlled substance. locomotive engine. (2) A person who has an alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine CHEMICAL TEST PROCEDURES shall not operate a locomotive engine upon the railroad tracks of this MCL 462.359 state. (3) Except as otherwise provided, a person who violates this section is guilty Sec. 359 of a misdemeanor, punishable by imprisonment for not more than 93 • The officer chooses the type of test to be given. days, or a fine of not less than $100.00 nor more than $500.00, or both, • The person charged shall be advised that if he or she refuses the request of together with costs of the prosecution. a peace officer to take a chemical test, a test shall not be given without a (4) A person who violates this section within 7 years of a prior conviction court order. may be sentenced to imprisonment for not more than 1 year, or a fine • A person who takes a chemical test shall be given a reasonable opportunity of not less than $200.00 or more than $1,000.00, or both, together with to have a person of his or her own choosing administer one of the chemical tests described within a reasonable time after his or her detention. costs of the prosecution. The person charged shall be informed that after taking a test administered (5) A person who violates this section within 10 years of 2 or more prior at the request of a peace officer he or she has the right to demand that a convictions is guilty of a felony, punishable by imprisonment for not person of his or her own choosing administer one of the tests provided for more than 5 years, or a fine of not less than $500.00 or more than in subsection (1), that the results of the test shall be admissible and shall be $5,000.00, or both, together with costs of the prosecution. considered with other competent evidence in determining the innocence or (6) A person who operates a locomotive engine in violation of subsection guilt of the defendant, and that the person charged shall be responsible for (1) or (2) and by the operation of that locomotive engine causes the death obtaining a chemical analysis of the test sample. of another person is guilty of a felony punishable by imprisonment for • A written report shall be forwarded by the peace officer to the United not more than 15 years or a fine of not less than $2,500.00 or more than States Department of Transportation. $10,000.00, or both. • The report shall state: that the officer had reasonable grounds to believe (7) A person who operates a locomotive engine in violation of subsection that the person had committed a crime (OUIL, Per Se, or Impaired), and (1) or (2) and by the operation of that locomotive engine causes a serious the results of the test. impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. (8) As part of the sentence for a violation of this section, the court may order the person to perform service to the community, as designated by the court, without compensation, for a period not to exceed 45 days. The person shall reimburse the state or appropriate local unit of government for the cost of insurance incurred by the state or local unit of government as a result of the person's activities under this subsection.

ALCOHOL/DRUG RELATED INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 17 18 VIOLATIONS BY THE RAILROAD MICHIGAN LAW AND ENFORCING ALCOHOL/DRUG RELATED INCIDENTS UNDER THE INFLUENCE MCL 462.353 An officer seeking alcohol or drug related charges against an employee of Locomotive engine; operation by person under influence of the railroad under any circumstances involving a rail-related incident should alcoholic liquor or controlled substance. first consult with their local prosecutor and do so jointly with the involved (1) A person who is under the influence of alcoholic liquor or a controlled railroad police authority. substance, or a combination of alcoholic liquor and a controlled substance, or whose ability to operate a locomotive engine is visibly impaired due to If it is determined that it is appropriate to charge the employee under state law the the consumption of alcoholic liquor or a controlled substance or both shall following guidelines should be followed: not operate a locomotive engine upon the railroad tracks of this state. A peace officer may, without a warrant, arrest a person when the peace Providing a peace officer had reasonable grounds to believe that a person was officer has probable cause to believe that the person, at the time of an operating a locomotive engine while under the influence, a person who operates accident, was the operator of a locomotive engine involved in the accident a locomotive engine on the railroad tracks of this state is considered to have given and was operating the locomotive engine upon the railroad tracks of this consent to chemical tests of his or her blood, breath, or urine if: state while impaired by or under the influence of alcoholic liquor or a controlled substance, or a combination of alcoholic liquor and a • The person is arrested for OUIL, Per Se, or Impaired, or controlled substance. • The person is arrested for manslaughter resulting from the (2) A person who has an alcohol content of 0.04 grams or more per 100 operation of a locomotive engine. milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a locomotive engine upon the railroad tracks of this state. (3) Except as otherwise provided, a person who violates this section is guilty CHEMICAL TEST PROCEDURES of a misdemeanor, punishable by imprisonment for not more than 93 days, MCL 462.359 or a fine of not less than $100.00 nor more than $500.00, or both, together with costs of the prosecution. Sec. 359 (4) A person who violates this section within 7 years of a prior conviction may be sentenced to imprisonment for not more than 1 year, or a fine of not • Do not read Chemical Test Advice of Rights. less than $200.00 or more than $1,000.00, or both, together with costs of • Miranda rights shall be read to the arrested subject prior to requesting a the prosecution. chemical test. (5) A person who violates this section within 10 years of 2 or more prior convictions is guilty of a felony, punishable by imprisonment for not more • The officer chooses the type of test to be given. than 5 years, or a fine of not less than $500.00 or more than $5,000.00, or • The person charged shall be advised that if he or she refuses the request of both, together with costs of the prosecution. a peace officer to take a chemical test, a test shall not be given without a (6) A person who operates a locomotive engine in violation of subsection (1) court order. or (2) and by the operation of that locomotive engine causes the death of another person is guilty of a felony punishable by imprisonment for not • A person who takes a chemical test shall be given a reasonable opportunity more than 15 years or a fine of not less than $2,500.00 or more than to have a person of his or her own choosing administer one of the chemical $10,000.00, or both. tests described within a reasonable time after his or her detention. The person (7) A person who operates a locomotive engine in violation of subsection (1) charged shall be informed that after taking a test administered at the request or (2) and by the operation of that locomotive engine causes a serious of a peace officer he or she has the right to demand that a person of his or impairment of a body function of another person is guilty of a felony her own choosing administer one of the tests provided for in subsection (1), punishable by imprisonment for not more than 5 years or a fine of not less that the results of the test shall be admissible and shall be considered with than $1,000.00 or more than $5,000.00, or both. other competent evidence in determining the innocence or guilt of the (8) As part of the sentence for a violation of this section, the court may order defendant, and that the person charged shall be responsible for obtaining a the person to perform service to the community, as designated by the chemical analysis of the test sample. court, without compensation, for a period not to exceed 45 days. The • A written report shall be forwarded by the peace officer to the United States person shall reimburse the state or appropriate local unit of government Department of Transportation. for the cost of insurance incurred by the state or local unit of government as a result of the person’s activities under this subsection. • The report shall state: that the officer had reasonable grounds to believe that (9) Before imposing sentence for a violation of this section, the court shall the person had committed a crime (OUIL, Per Se, or Impaired), and the results order the person to undergo screening and assessment by a person or of the test. agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including ALCOHOL/DRUG RELATED INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 17 18 VIOLATIONS BY RAILROAD EMPLOYEES alcohol or drug education and alcohol or drug treatment programs. As INVESTIGATING ALCOHOL/DRUG part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The RELATED INCIDENTS person shall pay for the costs of the screening, assessment, and rehabilitative services. (10) Before accepting a plea of guilty under this section, the court shall advise the accused of the statutory consequences possible as the result of a plea Title 49--Transportation of guilty in respect to the penalty imposed for violation of this section. (11) As used in this section, “prior conviction” means a conviction under this Chapter II--Federal Railroad Administration, Department Of section, a local ordinance substantially corresponding to subsection (1) or Transportation (2), or a law of another state or the United States substantially corresponding to subsection (1) or (2). Part 219--Control Of Alcohol And Drug Use MCL 462.357 Subpart A--general Locomotive engine; authorization or knowledge of operation by person under influence of alcoholic liquor or Sec. 219.13 Preemptive effect controlled substance. (a) Under section 20106 of title 49, United States Code, issuance of the The owner of a locomotive engine or the person in charge or in control of regulations in this part preempts any State law, rule, regulation, order or a locomotive engine, or a person acting as a conductor of any train of cars, standard covering the same subject matter, except a provision directed at shall not knowingly authorize or knowingly permit the locomotive engine to be a local hazard that is consistent with this part and that does not impose operated upon the railroad tracks of this state by a person who is impaired by an undue burden on interstate commerce. or under the influence of alcoholic liquor or a controlled substance, or a (b) FRA does not intend by issuance of the regulations in this part to preempt combination of alcoholic liquor and a controlled substance or who has an provisions of State criminal law that impose sanctions for reckless conduct alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 that leads to actual loss of life, injury or damage to property, whether such liters of breath, or per 67 milliliters of urine. A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more provisions apply specifically to railroad employees or generally to the than 93 days, or a fine of not less than $100.00 nor more than $500.00, or public at large. both, together with costs of the prosecution. CHEMICAL TEST REFUSAL Subpart C--Post-Accident Toxicological Testing MCL 462.363 Sec. 219.201 Events for Which Testing is required. • Michigan law requires a police officer to advise a person who refuses to 219.201 states in part; submit to a chemical test of the consequences of their refusal. • Most railroads have a strict employment policy that an employee refusing to (a)(4)(b) Exceptions. No test may be required in the case of a collision between submit to a chemical test requested by a police officer having reasonable railroad rolling stock and a motor vehicle or other highway conveyance at a suspicion that the employee was under the influence of alcohol or drugs rail/highway grade crossing. No test may be required in the case of an will result in a suspension of employment. accident/incident the cause and severity of which are wholly attributable to • The Code of Federal Regulations, Title 49, § 219.213 provides that an a natural cause (e.g., flood, tornado, or other natural disaster) or to vandalism employee who refuses to cooperate in providing a blood or urine sample to or trespasser(s), as determined on the basis of objective and documented the railroad following an accident or incident other than a car/train facts by the railroad representative responding to the scene. collision shall be withdrawn from covered service and shall be deemed disqualified for covered services for a period of nine (9) months. • A written report shall be forwarded by the peace officer to the United States Department of Transportation. The report shall state that the officer had reasonable grounds to believe that: - The person had committed a crime (OUIL, Per Se, or Impaired), - That the person had refused to submit to the test on the request of the peace officer, and - The person had been advised of the consequences of the refusal. • The officer should request a search warrant for the person’s blood per local prosecutor policy. ALCOHOL/DRUG RELATED INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 19 16 VIOLATIONS BY THE RAILROAD MCL 462.363 OBSTRUCTION OF TRAFFIC Refusal to submit to chemical test; report. MCL 462.391 If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 359, a test shall not be given without a Obstruction of vehicular traffic; offenses as separate violations; penalty; court order. A written report shall be forwarded by the peace officer to the allocation of fines. federal department of transportation. The report shall state that the officer Sec.391 had reasonable grounds to believe that the person had committed a crime (1) A railroad shall not permit a train to obstruct vehicular traffic on a public described in section 361, and that the person had refused to submit to the street or highway for longer than 5 minutes at any 1 time, except the test upon the request of the peace officer and had been advised of the obstruction shall not be considered a violation under the following circumstances: consequences of the refusal. (a) If the train is continuously moving in the same direction at not less than 10 miles per hour for not longer than 7 minutes. DECEASED OPERATOR (b) If the railroad can show that the incident occurred as a result of a MCL 462.359 (10) verifiable accident, mechanical failure, or unsafe condition. • If after an accident the operator of a locomotive engine involved in the NOTE: A decision on March 21, 2002, by the Sixth Federal Circuit Court accident is deceased, a sample of the decedent’s blood shall be withdrawn of Appeals ruled that issuing citations to railroad companies for this by the medical examiner or attending personnel of the medical facility in a section is unconstitutional. Therefore, no enforcement action is to be manner directed by the medical examiner for the purpose of determining taken under subsection (1). BAC or the presence of a controlled substance or both. • In the absence of railroad police or authorities, the investigating officer shall inform the medical examiner that two samples of blood need to (2) A railroad shall not permit successive train movements to obstruct vehicular be withdrawn; one to be submitted to the Michigan Department of State traffic on a public street or highway until all vehicular traffic previously Police using the standard alcohol specimen collection kit, and the other delayed by such train movements has been cleared. to be submitted to the Federal Railroad Administration in a specimen (3) A railroad company shall not permit its employees to allow the activation kit provided by the involved railroad, pursuant to the Code of Federal of active traffic control devices at a railroad grade crossing for more than 2 Regulations, Title 49, §219.207. minutes if there is no intention to move a train or track equipment through the crossing within 20 seconds to 60 seconds after the activation of the ENFORCEMENT devices. • Reports of violations of this statute shall be turned over to the local (4) Each offense under this section shall be a separate violation punishable by prosecuting attorney for review for possible criminal charges. a fine of not more than $500.00 unless the railroad is willfully, deliberately, • To make an arrest, the following procedures have been established: and negligently blocking vehicular traffic and then the fine shall be not more - Determine who was operating the train. than $1,000.00 and the costs of prosecution. - Perform standard sobriety tests. (5) All fines civil or otherwise collected by a local unit of government in excess - A preliminary breath test may be administered; however a refusal is not of $10,000.00 annually from the enforcement of a local ordinance substantially a violation. similar to this section shall be allocated as follows: - Lodge the offender in the county where the offense occurred, or (a) Fifteen percent shall be retained by each local unit of government for costs - Turn the offender over to his or her supervisor, or the investigating of enforcement of the ordinance. railroad authorities. (b) Eighty-five percent shall be deposited in a railroad grade crossing safety fund. - Interim bond shall not be taken. The revenue collected in this fund shall be used solely for railroad grade crossing safety projects in these local units of government.

VIOLATIONS BY THE RAILROADS ALCOHOL/DRUG RELATED INCIDENTS 15 20 VIOLATIONS BY RAILROAD EMPLOYEES CHEMICAL TESTS SNOWMOBILES MCL 462.359 Chemical test and analysis of operator’s blood, urine, or breath. (1) The amount of alcohol or presence of a controlled substance or both in the operator’s blood at the time alleged as shown by chemical analysis of that person’s blood, urine, or breath shall be admissible into evidence in a criminal prosecution for any of the following:

(a) A violation of section 353 or 357 or of a local ordinance substantially corresponding to section 353(1) or (2) or 357.

(b) Manslaughter or murder resulting from the operation of a locomotive engine while the operator is alleged to have been impaired by or under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or to have had a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (2) If a test is given, the results of the test shall be made available to the person MCL 324.82133 charged or the person’s attorney upon written request to the prosecution, Violation of part; with a copy of the request filed with the court. The prosecution shall furnish the report at least 2 days before the day of the trial and the results misdemeanor. shall be offered as evidence by the prosecution in that trial. Failure to fully Sec. 82133 comply with the request shall bar the admission of the results into evidence Except as otherwise by the prosecution. provided in this part, a person who violates this (3) Except in a prosecution relating solely to a violation of section 353(2), the www.oli.org part is guilty of a amount of alcohol in the operator’s blood at the time alleged as shown by misdemeanor. chemical analysis of that person’s blood, urine, or breath shall give rise to the following presumptions: MCL 324.82126 Operation of snowmobile; prohibitions; construction, operation, and (a) If there was at the time less than 0.04% grams per 100 milliliters of maintenance of snowmobile trail; conditions; “operate” defined; prohibited blood, per 210 liters of breath, or per 67 milliliters of urine, it shall conduct; assumption of risk. be presumed that the person was not impaired by or under the influence Sec. 82126 states in part; of intoxicating liquor. (1) A person shall not operate a snowmobile under any of the following

(b) If there was at the time 0.04% grams or more per 100 milliliters of circumstances: blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be (j) On a railroad or railroad right-of-way. This prohibition does not apply to presumed that the person was impaired by or under the influence of railroad personnel, public utility personnel, law enforcement personnel while intoxicating liquor. in the performance of their duties, and persons using a snowmobile trail located on or along a railroad right-of-way, or an at-grade snowmobile trail crossing of (4) A sample or specimen of urine or breath shall be taken and collected in a a railroad right-of-way, that has been expressly approved in writing by the owner reasonable manner. Only a licensed physician, or an individual operating of the right-of-way and each railroad company using the tracks and that meets under the delegation of a licensed physician under section 16215 of the the conditions imposed in subsections (2) and (3). A snowmobile trail or an at- public health code, 1978 PA 368, MCL 333.16215, and qualified to grade snowmobile trail crossing shall not be constructed on a right-of-way withdraw blood acting in a medical environment, at the request of a peace designated by the federal government as a high-speed rail corridore. officer, may withdraw blood for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the person’s blood,

ALCOHOL/DRUG RELATED INCIDENTS MISDEMEANOR VIOLATIONS 21 14 NATURAL RESOURCES & ENVIRONMENTAL PROTECTION ACT OFF-ROAD VEHICLES as provided in this section. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws blood or analyzes blood or assists in the withdrawal or analysis in accordance with this section unless the withdrawal or analysis is performed in a negligent manner. (5) The tests shall be administered at the request of a peace officer having probable cause to believe the person has committed a crime described in subsection (1). A person who takes a chemical test administered at the request of a peace officer, as provided in this section, shall be given a reasonable opportunity to have a person of his or her own choosing administer 1 of the chemical tests described in this section within a reasonable time after his or her detention. The results of the test shall be admissible and shall be considered with other admissible evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample. The person charged shall be informed that after taking a test administered at the request of a peace officer he or she has the right to demand that a person of his or her own choosing administer 1 of the tests provided for in subsection (1), that the results of the test shall be admissible and shall be considered with other admissible evidence in determining the innocence or guilt of the defendant, and that the person charged is responsible for obtaining a chemical analysis of the test sample. (6) The person charged shall be advised that if the person refuses the request of a peace officer to take a test described in this section, a test shall not be given without a court order, but the officer may seek to obtain the court order. www.oli.org (7) This section shall not be construed as limiting the introduction of any other MCL 324.81147 competent evidence, including a video tape recording taken of, and with Violation of part as misdemeanor or civil violation; penalties. prior notice to the person, bearing upon the question of whether or not the Sec. 81147 person was impaired by or under the influence of alcoholic liquor or a (1) Except as otherwise provided in this part, a person who violates a provision controlled substance, or a combination of alcoholic liquor and a controlled of this part is guilty of a misdemeanor, punishable by imprisonment for not substance, or whether the person had a blood alcohol content of 0.04 grams more than 90 days, or a fine of not less than $50.00 or more than $1,000.00, or more per 100 milliliters of blood, per 210 liters of breath, or per 67 or both, for each violation of the part. milliliters of urine. MCL 324.81133 (8) If a jury instruction regarding a defendant’s refusal to submit to a chemical Operation of ORV; prohibited acts. test under this section is requested by the prosecution or the defendant, the Sec. 81133 states in part; jury instruction shall be given as follows: A person shall not operate an ORV: “Evidence was admitted in this case which, if believed by the jury, could prove that the defendant had exercised his or her right to refuse a chemical (n) On an operating or nonabandoned railroad or railroad right-of-way, or public test. You are instructed that such a refusal is within the statutory rights of the utility right-of-way, other than for the purpose of crossing at a clearly established defendant and is not evidence of his or her guilt. You are not to consider site intended for vehicular traffic, except railroad, public utility, or law such a refusal in determining the guilt or innocence of the defendant.”. enforcement personnel while in performance of their duties, and except if the right-of-way is designated as established in section 81127.

MISDEMEANOR VIOLATIONS ALCOHOL/DRUG RELATED INCIDENTS 13 22 VIOLATIONS BY RAILROAD EMPLOYEES

(9) If after an accident the operator of a locomotive engine involved in the (3) A criminal penalty provided for under this section may be imposed accident is transported to a medical facility and a sample of the operator’s in addition to any penalty that may be imposed for any other criminal blood is withdrawn at that time for the purpose of medical treatment, the offense arising from the same conduct or for any contempt of court result of a chemical analysis of that sample is admissible in any criminal proceeding to show the amount of alcohol or presence of a controlled arising from the same conduct. substance or both in the person’s blood at the time alleged, regardless of (4) As used in this section, “serious impairment” means that term as defined whether the person had been offered or had refused a chemical test. The in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c. medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subsection. A MCL 750.511 medical facility or person disclosing information in compliance with this Attempt to wreck or endanger safety of passengers. subsection is not civilly or criminally liable for making the disclosure. Sec. 511 Attempt to wreck railroad trains or endanger safety of passengers—Any (10) If after an accident the operator of a locomotive engine involved in the person who shall place upon any railroad any timber, stone, iron or other accident is deceased, a sample of the decedent’s blood shall be withdrawn obstruction, or who shall change any switch or track, or who shall loosen by the medical examiner or attending personnel of the medical facility in a or displace any rail of the track of such railroad, or who shall change the manner directed by the medical examiner for the purpose of determining brakes upon any car or cars standing on any railroad track in this state or the amount of alcohol or presence of a controlled substance or both. The who shall break down or displace, destroy or injure any bridge, culvert or results of the blood testing shall be released to a prosecuting attorney for embankment of any railroad, or do any other act with intent to endanger use in a criminal prosecution as provided in this section. A medical facility disclosing information in compliance with this subsection is not civilly or the safety of any person traveling or being upon such railroad, or to throw criminally liable for making the disclosure. from such railroad any locomotive, tender, or car moving along the track of such railroad, on which shall be any person or property liable to be (11) The obtaining or analysis of a person’s blood, breath, or urine under this injured thereby, shall be guilty of a felony, punishable by imprisonment in section shall not be performed in a manner prohibited by the federal the state prison for life or for any term of years. railroad administration, United States department of transportation. MCL 462.361 MCL 750.512 Chemical tests of blood, breath, or urine; consent; Uncoupling locomotive or cars. administration. Sec. 512 Uncoupling locomotive or cars—Any person, not being employed on any (1) A person who operates a locomotive engine upon the railroad tracks of this railroad, who shall wilfully and maliciously uncouple or detach the locomotive state is considered to have given consent to chemical tests of his or her or tender, or any of the cars of any railroad train, or shall in any way aid, blood, breath, or urine for the purpose of determining the amount of abet, or procure the doing of the same, shall be guilty of a felony, punishable alcohol or presence of a controlled substance or both in his or her blood if: by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars. (a) The person is arrested for a violation of section 353 or a local ordinance substantially corresponding to section 353(1) or (2).

(b) The person is arrested for murder or manslaughter resulting from the operation of a locomotive engine, and the peace officer had probable cause to believe that the person was operating the locomotive engine while impaired by or under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or while having a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

ALCOHOL/DRUG RELATED INCIDENTS FELONY VIOLATIONS 23 12 FELONY VIOLATIONS

MCL 750.383a (2) A person who is afflicted with hemophilia, diabetes, or a condition Malicious destruction of property; willfully cutting, breaking, obstructing, requiring the use of an anticoagulant under the direction of a physician destroying or manipulating without authority utility equipment or shall not be considered to have given consent to the withdrawal of blood. appliances. Sec.383a (3) The chemical tests shall be administered as provided in section 359. Any person or persons who shall wilfully cut, break, obstruct, injure, destroy, tamper with or manipulate any machinery, tools, equipment, telephone line or post, telegraph line or post, electric line, post, tower or supporting structures, electric wire, insulator, switch or signal, natural gas pipe line, water pipe line, steam heat pipe line or the valves or other appliances or equipment appertaining to or used in connection with such lines, or any other appliance whether herein particularly mentioned or not, being the property of any utility, with the intention and without authority to interrupt or disrupt communications or electric, gas, water or steam heat service, or to curtail or impair the utilization thereof, or who shall conspire, aid, abet in or cause to be done any such unlawful acts, shall be guilty of a felony. “Utility” includes any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system, by whomsoever owned or operated for the public use.

MCL 750.394 Train, car, or vehicle, throwing, propelling, or dropping stone or object; violation; penalty; “serious impairment” defined. Sec. 394 1) A person shall not throw, propel, or drop a stone, brick, or other dangerous object at a passenger train, sleeping car, passenger coach, express car, mail car, baggage car, locomotive, caboose, or freight train or at a street car, trolley car, or motor vehicle. (2) A person who violates this section is guilty of a crime as follows: (a) Except as provided in subdivisions (b), (c), and (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. (b) Except as provided in subdivision (c), (d), or (e), if the violation causes property damage, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both. (c) If the violation causes injury to any person, other than serious impairment or death, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (d) If the violation causes serious impairment to any person, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both. (e) If the violation causes death to any person, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

FELONY VIOLATIONS ALCOHOL/DRUG RELATED INCIDENTS 11 24 TRAFFIC CRASH REPORTING TRAFFIC CRASH REPORTING UD-10 DERAILMENT Traffic Crash Report MCL 462.257 The accurate reporting of crashes involving trains is essential to grade crossing Conduct as felony or misdemeanor; penalties. safety experts. Proper coding of the Michigan Traffic Crash Report (UD-10) assures the necessary distribution of crash data to the agencies which require Sec. 257 this information for crash analysis and statistical purposes. The following (1) A person who causes or attempts to cause the derailment of an engine, section will help assure consistent reporting of motor vehicle/train crashes. cars, or track vehicle used on railroad tracks by the placing of an The State of Michigan will be implementing a revised UD-10 Traffic Crash impediment upon the track of a railroad, whether the engine, cars, or Report that will take effect January 1st, 2016. The current UD-10 instruction track vehicle are thrown from the track or not, or who by any other manual can be found at www.michigan.gov/crash. means whatsoever shall willfully endanger or attempt to endanger the The following information pertains specifically to crashes involving trains. lives of persons engaged in the work of the railroad, or persons traveling Areas not specifically covered in this publication should be completed as in any on the engine or cars of the railroad, is guilty of a felony and subject other crash report. to imprisonment for life, or any number of years, in the discretion of the court. It shall not be necessary for the people to allege or prove 1. Number of Units that the person intended to injure or endanger the life of any particular Enter the total number of units (Motor Vehicles, Pedestrians, Bicyclists, person or persons. and Engineers [Train]) that were physically involved in the crash. (2) A person who throws a stone, brick, or other missile at a train or track 2. Crash Type vehicle is guilty of a misdemeanor punishable by a fine of not less than When a motor vehicle collides with a train, the Single Motor Vehicle Crash $100.00 or more than $500.00, or imprisonment for not less than 10 Type shall be selected. or more than 90 days, or both. 3. Area Select Area 16--Railroad Crossing Related. 4. Location MCL 462.267 Railroad crossings have an Emergency Notification System (ENS) sign attached to the railroad crossing support or the cross-buck at the Tampering with lights or banner at switch: penalty. grade crossing. The ENS sign lists the owner of the rail line, railroad Sec.267 emergency phone number and the National Inventory (NI) number of the (1) A person not authorized by a railroad company shall not destroy, remove, crossing. When locating crashes at or near a railroad crossing, the NI change, extinguish, to tamper with in any manner, any light or banner number can be used as a reference point just as a street name could. attached to or connected with any switch or derailing device maintained The NI number has a maximum of six numbers followed by a letter and by a railroad company. is displayed in this format: 233-106 P. When using the NI in the Location (2) A person who violates this section is guilty of a misdemeanor, punishable area, record it as the Intersecting Road Name on the UD-10 with the by a fine of not less than $100.00, or more than $500.00, or by imprisonment following format: 233106P. for not less than 10 days or more than 60 days. 5. Driver (Engineer) A train is not defined as a motor vehicle, and therefore the engineer does not have the legal responsibility to have a driver’s license on their person MCL 750.518 while operating the train. Leave the Driver’s License Number blank on the Boarding railroad train while in motion. UD-10. The engineer must provide their railroad engineer certificate. Sec.518 Enter the engineer’s information from this certificate in the fields provided Boarding railroad train while in motion—Any person who shall jump or on the UD-10. step on board of any railroad train, locomotive or car when in motion 6. Unit Type except employees and passengers at railway stations shall be guilty of Select Unit Type E (Train). 7. Position a misdemeanor. If the Unit Type is E (Train), enter E in the right hand box for their seating position. 8. Sequence of Events for the Motor Vehicle Under Collision with Non-Fixed Object select 19--Engineer (Railroad/ Train). Under Collision with Fixed Object select 40--Railroad Crossing Signal.

TRAFFIC CRASH REPORTING MISDEMEANOR VIOLATIONS 25 10 MISDEMEANOR VIOLATIONS F RONT OF FORM UD-10

MSP UD - 10 (Rev. 01/2016) Revised September 16, 2015 Page of Authority: 1949 PA 300, Sec. 257.622 Incident # Compliance: Required Penalty: $100 and/or 90 days State of Michigan Traffic Crash Report File Class Investigated at Scene TRESPASS Yes No ORI Department Name Investigator(s) Badge # Photos Reviewer Yes MI No MCL 462.273 Crash Date Crash Time (Milt.) No. of Units Crash Type Single Motor Vehicle Head On Head On-Left Turn Angle Backing Rear End M M D D Y Y Y Y H H M M 1 Rear End-Left Turn Rear End-Right Turn Sideswipe-Same2 Sideswipe-Opposite Other Unknown Walking, riding, driving, presence on right-of-way or Special Circumstances None Hit and Run School Bus Special Checks Fatal Corrected Copy Weather Light Road Surface Condition Total Lanes Replace Delete Non-Traffic Fleeing Police Unknown Animal railroad yard restricted; presence, entry, or damage, ORV/Snowmobile County City/Twp Area Traffic Control Relation to Roadway Work Zone-Type Work Zone-Workers Present Work Zone-Activity Work Zone-Location Contributing Circumstances st nd buildings, rolling stock or equipment; persons excepted 3 Const. / Maint. Yes 1 2 Utility No Location from provisions, Prefix Primary Road Name Road Type Suffix Divided Roadway N S Sec. 273 E W Distance Direction Trafficway Speed Limit Posted Yes (1) Except in the case of a right-of-way designated as a Feet Miles North South East West 41 2 3 4 5 6 Beginning of Ramp End of Ramp No demonstration snowmobile trail in section 15 of Act No. 74 of Prefix Intersecting Road Name Road Type Suffix Divided Roadway N S E W the Public Acts of 1968, being section 257.1515 of the Michigan Unit / Driver Compiled Laws, a person shall not walk, ride, drive, or be upon or along Unit Number Driver’s License State / Number Date of Birth Unit Type Sex M M D D Y Y Y Y MV B 6P E (Train) M F Name the right-of-way or yard of a railroad company operating its lines within this 5 Driver is Owner License Type O C M Street Address state, or go upon or cross the right-of-way or yard at a place other than a Endorsements CY F R City State ZIP Phone Injury K A B C O Position Restraint Airbag Condition at Time of Crash Driver Distracted By Total Occupants Hospital Code Ambulance Code public or private crossing, unless having first obtained written permission Ejected st nd 7 1 2 from the owner or occupant railroad, its agent or servant. Trapped Citation Issued Hazardous Action Action Prior Sequence of Events (M = Most Harmful Event) st th Hazardous 1 2nd 83 rd 4 (2) For purposes of this section, “right-of-way” means the track or roadbed Other M M M M Alcohol Suspected Contributing Factor Test Type Breath Blood Urine Test Results Interlock Device Yes No Yes No Results Yes No owned by a railroad and that property owned by a railroad which is located Field PBT Refused Not Offered Pending Drug Suspected Contributing Factor Test Type Blood Urine Test Results Results Yes No Yes No Field Refused Not Offered on either side of its tracks and which is readily recognizable to a reasonable Pending Vehicle person as being railroad property or is reasonably identified as such by Vehicle Registration State Insurance Company Policy Number fencing, the existence of railroad tracks, or appropriate signs. 9 Towed By Towed To VIN Year Make Model Color Special Vehicles Vehicle Use (3) A person shall not be upon, enter, or damage any buildings, rolling stock, 10 11 Vehicle Type Location of Greatest Damage 1st Impact Extent of Damage Vehicle Direction Private Trailer Type Vehicle Defect or equipment of any railway company operating its lines within this state. 12 (4) This section shall not apply to any of the following: Passengers Name Ejected (a) Passengers on trains or employees of a railroad company while engaged Street Address Sex M F Trapped City State ZIP Phone Injury K A B C O in the performance of the duties of their employment. Date of Birth Position Restraint Airbag Hospital Code Ambulance Code (b) An authorized representative of the railroad employees. M M D D Y Y Y Y Name Ejected

(c) A person going upon the right-of-way or tracks to save human life or Street Address Sex M F Trapped to protect property. City State ZIP Phone Injury K A B C O Date of Birth Position Restraint Airbag Hospital Code Ambulance Code (d) A person going or being upon or in the station grounds or depot of M M D D Y Y Y Y

Owner Name Address the railroad company as a passenger or for the purpose of transacting Uninjured Passenger Phone Age Pos. Rest. Witness business with the railroad company. Owner Name Address Uninjured Passenger Phone Age Pos. Rest. (e) A person, members of his or her family, or his or her employees going Witness Reported Date Reported Time Damaged Property ______upon the right-of-way or tracks for the purpose of crossing from 1 part Serial Override 13 UD-10 SERIAL NUMBER Owner & Phone ______/ ______Public Yes No Number to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way. 9. Vehicle Registration (Locomotive) (f) A person having written permission to go upon the right-of-way or Record the engine number from the lead engine of the train. The tracks granted by the railroad company, a person using officially registration can be located in the engine crew compartment. abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate 10.Vehicle Description commerce commission, or the federal railroad administration. Record the information from the Inspection Certificate, which is located in (g) A registered land surveyor or his or her employees for the purpose of the engine crew compartment. making land surveys. (5) A person who violates this section is guilty of a misdemeanor punishable 11.Vehicle Use by imprisonment for not more than 30 days, or by a fine of not more than Select Vehicle Use 11--Other. $100.00 or both. 12.Vehicle Type Select Vehicle Type 10--Other for Engineer/Train. MISDEMEANOR VIOLATIONS TRAFFIC CRASH REPORTING 9 26 BACK OF FORM UD-10 RAILROAD CODE VIOLATIONS Unit / Driver Unit Number Driver’s License State / Number Date of Birth Unit Type Sex AUTHORITY AND POWERS OF ARREST M M D D Y Y Y Y MV B P E (Train) M F

Name MISDEMEANORS Driver is Owner License Type O C M

Street Address Endorsements CY F R

City State Zip Phone Number Injury K A B C O Position Restraint Airbag Condition at Time of Crash Driver Distracted By Total Occupants Hospital Code Ambulance Code Ejected st nd MCL 462.253 1 2 Trapped Citation Issued Hazardous Action Action Prior Sequence of Events (M = Most Harmful Event) Person using abusive, profane, or indecent language or exhibiting violent st th Hazardous 1 2nd 3rd 4 Other M M M M conduct; powers of conductor. Alcohol Suspected Contributing Factor Test Type Breath Blood Urine Test Results Interlock Device Yes No Yes No Results Yes No Field PBT Refused Not Offered Pending Sec. 253 Drug Suspected Contributing Factor Test Type Blood Urine Test Results Results Yes No Yes No Field Refused Not Offered Pending A person who uses abusive, profane, or indecent language or exhibits violent Vehicle Vehicle Registration State Insurance Company Policy Number conduct may be taken into custody by the conductor of the train and removed Towed By Towed To to a safe and secure place on the train until its arrival at some usual stopping place, VIN Year Make Model Color Special Vehicles Vehicle Use where he or she may be put off the train and put into the custody of some proper Vehicle Type Location of Greatest Damage 1st Impact Extent of Damage Vehicle Direction Private Trailer Type Vehicle Defect officer for prosecution if necessary. For this purpose railroad conductors, while

Passengers in charge of trains, are hereby invested with the powers of sheriffs and peace Name Ejected officers. Street Address Sex M F Trapped

City State ZIP Phone Injury K A B C O Date of Birth Position Restraint Airbag Hospital Code Ambulance Code M M D D Y Y Y Y

Name Ejected Street Address Sex M F Trapped MCL 462.255 City State ZIP Phone Injury K A B C O Date of Birth Position Restraint Airbag Hospital Code Ambulance Code Conduct as misdemeanor; penalty; powers of conductor or freight agent; M M D D Y Y Y Y

Owner Name Address duties of police officer; jurisdiction of court. Uninjured Passenger Phone Age Pos. Rest. Witness Sec. 255 Owner Name Address Uninjured Passenger Phone Age Pos. Rest. Witness (1) A person who, while riding in the car of a freight, passenger, or other train Truck / Bus on any railroad in this state, uses or utters indecent, obscene, or profane Unit # Carrier Name language in the hearing of other passengers, riotously or boisterously conducts Address City State ZIP himself or herself to the annoyance of other passengers, or who obtains or GVWR / GCWR 10,000 LBS or Less 10,001 - 26,000 LBS 26,001 LBS or More attempts to obtain money or property from any passenger or person by means Vehicle Configuration Body Type HAZMAT HAZMAT ID HAZMAT Class Placard of any game or device, shall, on conviction, be guilty of a misdemeanor, Cargo Spill USDOT MC MPSC punishable by a fine of not to exceed $100.00, or imprisonment for not to CDL Type Endorsements 15 A B C None H P T N S X exceed 90 days, or both. Medical Card Exempt Remarks / Narrative Yes Farm (2) Railroad conductors are hereby invested with the powers of sheriffs and No Other 14 constable in regard to offenses under this section occurring upon trains or cars in their charge, and may arrest and detain a person who violates this section until the car or train arrives at a usual stopping place, where the conductor

UD -10 Serial Number may deliver the person to a police officer with a written statement specifying generally the offense or offenses the person has committed. 13.Damaged Property/Public (3) If a police officer is not present to receive the person, the conductor may Describe the damaged property, if any, and select “Yes” if there was deliver him or her to the ticket or freight agent at that stopping place, with damage to a railroad sign or signal. the statement. The freight agent shall detain the offender in his or her custody, and may exercise the powers of sheriffs and constables in regard to persons 14.Remarks/Narrative charged with crimes in doing so, until a police officer may be obtained to take Provide a narrative that explains how the crash occurred and also any charge of the offender. remarks that may be significant to re-creating the events of the crash. A (4) The police officer shall institute a complaint against the person for the alleged narrative is required for all crashes involving a fatality, while ensuring not to offense before the district or municipal court of the judicial district or municipality include any personal information. in which the offense was committed. The court shall have jurisdiction to try the offender and to impose the penalties authorized by this section. 15.Diagram The diagram should provide a simple drawing of how the crash occurred. The diagram need not be to scale, but should provide a basic visual of the crash scene. As with the narrative, a diagram is required on all fatal crashes and should not include any personal information. TRAFFIC CRASH REPORTING RAILROAD CODE VIOLATIONS - MISDEMEANORS 27 8 SCHOOL BUS VIOLATIONS MCL 257.1857 Railroad track grade crossings; requirements;“abandoned railroad UD-10 track” defined; violation as civil infraction; fine; processing. Sec. 57 QUESTIONS? (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 Call the 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 CRIMINAL JUSTICE INFORMATION 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 CENTER 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 police 517.241.1699 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 Or visit the Web Site at: which meets all of the following requirements: (a) The track has been abandoned pursuant to the former provisions of www.michigan.gov/crash Act No. 56 of the Public Acts of 1919, being sections 469.241 to 469.246 of the Michigan Compiled Laws; section 14 of Act No. 300 of the Public Acts of 1909, being section 462.14 of the Michigan Compiled Laws; or federal law. (b) The track has been covered or removed. (c) 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 Be Safe at Highway-Rail the crossing is protected by Intersections. 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 SEE TRACKS? THINK TRAIN. 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, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws. CIVIL INFRACTIONS 7 28 NATURALGRADE RESOURCESCROSSING & COLLISION ENVIRONMENTAL INFORMATION PROTECTION CHECKLIST ACT ENGINEEROFF-ROAD INFORMATION VEHICLESMISCELLANEOUS Investigatingto a licensed physician Alcohol/Drug or individual Relatedoperating under Incidents the delegation……17-20 of  Name (From railroad Engineer INFORMATION Michigan General Guidelines Chemical Tests  a licensed physician who withdraws blood or analyzes blood or assists Certificate) RR car number on crossing? in theUnder withdrawal the Influence or analysis in accordance with this section unless the  Terminal address  Distance to last RR car from POI? withdrawalChemical or analysistest refusal is performed in a negligent manner.  Terminal phone number  Witnesses Deceased Operator blood draw by medical examiner  Time of collision (5) The testsUniform shall Lawbe administered Citation, warrant, at the arrestrequest procedures of a peace officer having  Train speed estimate at collision CROSSING SIGNALS probable cause to believe the person has committed a crime described  Engineer certificate or card  Light/ gate/ bell combination? Chemicalin subsection Tests (1). …………………………………………………A person who takes a chemical test administered at21-24  the requestChemical of atest peace and officer, analysis as ofprovided operator’s in thisblood, section, urine, shall or breathbe given Light/ bell combination? a reasonable opportunity to have a person of his or her own choosing CONDUCTOR INFORMATION  Passive warning (cross bucks/ yield Chemical test of blood, breath, or urine, consent; administration administerRefusal 1 ofto thesubmit chemical to chemical tests described test; report in this section within a  Name (From railroad Conductor sign/ stop sign)? reasonable time after his or her detention. The results of the test shall Certificate)  Lights flashing/ bell ringing upon Trafficbe admissible Crash and Reporting shall be considered UD-10 with………………………… other admissible evidence25-28  Terminal address your arrival? in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by a person of his or her own  Terminal phone number  Crossing gates down? Hazardous Material Incidents……………………………29-30  Consist (list of train contents) (If devices not working upon arrival, choosing, the person charged is responsible for obtaining a chemical analysis of the test sample. The person charged shall be informed that explain) Homelandafter taking aSecurity test administered ………………………………………… at the request of a peace officer he or31-34 TRAIN INFORMATION she hasTerrorism the right to demand that a person of his or her own choosing  Lead engine number OTHER CROSSING administerFederal 1 ofEmergency the tests providedPreparedness for in & subsection Response (1),(NIMS) that the results  Train ID number (from Conductor) CHARACTERISTICS of theSpecial test shall Intelligence be admissible Bulletin and shall be considered with other admissible  Number of Cars in Train  Advance warning signs in place? * evidence in determining the innocence or guilt of the defendant, and  Railroad company name/ address * Distance from this sign to nearest Gradethat the Crossing person charged Collision is responsible Investigation for obtaining Checklist a chemical & analysis Training  Owner of the railroad tracks rail? ………………………………………………………………………of the test sample. 35-36  Name of railroad company  Crossing surface (rubber, asphalt, etc.) (6) The person charged shall be advised that if the person refuses the request operating train  Pavement markings? Notesof a peace of Interest officer to take…………………………………………………… a test described in this section, a test shall not 37  Additional crew members  DOT/ NI crossing number? be given without a court order, but the officer may seek to obtain the (located on ENS sign on cross buck court order. ENGINE INFORMATION or signal post) (7) This section shall not be construed as limiting the introduction of any  Headlight/ ditch light working/  Width of right of way (ft.) other competent evidence, including a video tape recording taken of, damaged?  Visual obstructions on driver and with prior notice to the person, bearing upon the question of whether  Horn working? approach? or not the person was impaired by or under the influence of alcoholic  Bell working?  Citation given? Or charges if liquor or a controlled substance, or a combination of alcoholic liquor  On board camera/ video available? warranted? and a controlled substance, or whether the person had a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters (Contact railroad involved) of breath, or per 67 milliliters of urine.  If there are other locomotives in train, do they have cameras? If so, were (8) If a jury instruction regarding a defendant's refusal to submit to a chemical test under this section is requested by the prosecution or the defendant, they activated? the jury instruction shall be given as follows: “Evidence was admitted in this case which, if believed by the jury, could prove that the defendant had exercised his or her right to refuse a chemical test. You are instructed that such a refusal is within the statutory rights of the defendant and is not evidence of his or her guilt. You are not to consider such a refusal AT THIS POINT, IF NO FURTHER INFORMATION in determining the guilt or innocence of the defendant.” IS REQUIRED, CONSIDER RELEASING THE TRAIN (9) If after an accident the operator of a locomotive engine involved in the accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, INFORMATIONMISDEMEANORINVESTIGATION CHECKLISTVIOLATIONS CHECKLIST ALCOHOL/DRUGTABLE RELATED OF CONTENTSINCIDENTS 352913 22 VIOLATIONS BY HAZARDOUS MATERIALS SCHOOL THE BUS RAILROAD VIOLATIONS INCIDENTS CHEMICALMCL 257.1857 TESTS SNOWMOBILESEMERGENCY RESPONSE TO MCL 257.674 Railroad track grade crossings; requirements;“abandoned railroad RAILROAD INCIDENTSUD-10 Prohibited parking; exceptions; bus loading zone; violation as civil track”MCL defined;462.359 violation as civil infraction; fine; processing. Law Enforcement officers responding to a crash or incident infraction. Sec. 57 involving a train QUESTIONS?or the railroad, and there is a hazardous Sec. 674 states in part; Chemical test and analysis of operator's blood, urine, or breath. (1) A vehicle shall not be parked, except if necessary to avoid conflict with Sec.(1) Except 359 as provided in subsections (2), (3), and (4), the driver of a school material release, fire or explosion that occurred, or mayLaw Enforcementoccur, officers responding to a crash or incident involving a train or the railroad, and there is a hazardous material release, fire or explosion has occurred, or may occur, or which holds a potential for other traffic or in compliance with the law or the directions of a police bus, before crossing a railroad track at grade, shall stop the vehicle within or which holds a potential for endangering life or property,endangering life or property, should: (1) The amount of alcohol or presence of a controlled substance or both in the • Notify the local fire department through dispatch, and ensure all train traffic is stopped. • Identify the railroad which operates the tracks by way of the DOT National Inventory sign officer or traffic-control device, in any of the following places: 50operator's feet but bloodnot less at thanthe time15 feet alleged from asthe shown nearest by rail, chemical activate analysis hazard warningof that should: located at the crossing or nearest crossing and provide all information to the dispatcher. (See Call the Photo) (i) Within 50 feet of the nearest rail of a railroad crossing. lights, turn off all interior switches including fans, heaters, and radios, open • Notify the local fire department through dispatch, and• Identify the rail car involved by utilizing the unique individual car Reporting Marks located on person's blood, urine, or breath shall be admissible into evidence in a criminal both ends and both sides of the railcar. (See Photo) contact railroad to stop all train traffic on all tracks. • Attempt to identify the product by utilizing the U.N. Identification Number from the placards (4) A person who violates this section is responsible for a civil infraction. theprosecution passenger for door any andof the driver-side following: window, and while stopped shall listen located on both sides and both ends of the railcar. This information may be stenciled on the sides of the railcar in some cases. You may also identify the products through the shipping papers, and look in both directions along the track for an approaching train and for • Identify the railroad which operates the tracks by way whichof are located with the Conductor of the train or within the cab of the Locomotive. (a) A violation of section 353 or 357 or of a local ordinance substantially CRIMINAL JUSTICE INFORMATION• In most cases the railroad will be able to fax or email copies of the consist, to the first the DOT Emergency Notification System (ENS) signresponders, as the Conductor by federal law cannot give up their paperwork. signalscorresponding indicating the to approach section 353(1) of a train, or (2) and or shall357. not proceed until the located at the crossing or nearest crossing and provide all UNIFORM TRAFFIC CODE FOR CITIES, TOWNSHIPS, driver can do so safely. After stopping as required in this subsection, and CENTER (b) Manslaughter or murder resulting from the operation of a locomotive DOT National Inventory sign information to the dispatcher. AND VILLAGES uponengine proceeding while whenthe operator it is safe is toalleged do so, to the have driver been of impaired the vehicle by orshall under (See Photo) cross only in a gear of the vehicle that does not require changing gears while the influence of alcoholic liquor or a controlled substance or a combination traversing the crossing. The driver shall not shift gears while crossing the R28.1711 of alcoholic liquor and a controlled substance, or to have had a blood REPORTING MARKS track alcoholor tracks. content of 0.04 grams or more per 100 milliliters of blood, per Pedestrians; obedience to bridge and railroad barriers, violation as (2) A stop210 need liters not of bebreath, made or at per a railroad 67 milliliters track gradeof urine. crossing where a police 517.241.1699 a civil infraction. officer or a traffic-control signal directs traffic to proceed. • Identify the rail car or locomotive involved by Rule 711 (2) If a test is given, the results of the test shall be made available to the person utilizing the unique individual car Reporting Marks Pedestrians; obedience to bridge and railroad barriers; violation as civil (3) A stop need not be made at an abandoned railroad track grade crossing. As located on both ends and both sides of the railcar. charged or the person's attorney upon written request to the prosecution, infraction. used in this subsection, “abandoned railroad track” means a railroad track Or visit the Web Site at: with a copy of the request filed with the court. The prosecution shall furnish (See Photo) which meets all of the following requirements: (1) A pedestrian shall not pass through, around, over, or under any crossing • Attempt to identify the product by utilizing the U.N. Identification Number the (a)report The at track least has 2 days been before abandoned the day pursuant of the trial to the and former the results provisions shall beof gate or barrier at a railroad grade crossing or bridge while the gate offered as evidence by the prosecution in that trial. Failure to fully comply from thewww.michigan.gov/crash placards located on both sides and both ends of the railcar. This Act No. 56 of the Public Acts of 1919, being sections 469.241 to information may be stenciled on the sides of the railcar in some cases. You or barrier is closed or is being opened or closed. with the469.246 request of shall the Michiganbar the admission Compiled of Laws; the results section into 14 evidenceof Act No. by 300 the (2) A person who violates this rule is responsible for a civil infraction. prosecution. may also identify the products through the shipping papers, which are of the Public Acts of 1909, being section 462.14 of the Michigan located with the Conductor of the train or within the cab of the Locomotive. (3) Except Compiledin a prosecution Laws; orrelating federal solely law. to a violation of section 353(2), the • In most cases the railroad will be able to fax or email copies of the consist, amount(b) The of alcoholtrack has in beenthe operator's covered orblood removed. at the time alleged as shown by to the first responders, as the Conductor by federal law cannot give up their chemical(c) All analysissigns, signals, of that andperson's other blood, warning urine, devices or breath are removed. shall give rise to paperwork. (4) Athe stop following shall not presumptions: be made at a railroad track grade crossing on a freeway or • Using information from the “Emergency Response Guidebook” regarding limited(a) If accessthere washighway at the where time less than 0.04% grams per 100 milliliters of Be suggested Safe precautions at for the particularHigh materialw involved,ay-Rail necessary actions the crossingblood, peris protected 210 liters by of breath, or per 67 milliliters of urine, it shall be shall be takenIntersections. to reduce the immediate risk to life and property. a clearlypresumed visible thatsignal, the person was not impaired by or under the influence crossingof intoxicatinggate, or barrier liquor. at a Michigan Intelligence Operations Center time(b) whenIf there the was signal, at the time 0.04% grams or more per 100 milliliters of blood, Email: [email protected] crossingper gate,210 liters or barrier of breath, is or per 67 milliliters of urine, it shall be presumed Website: www.michigan.gov/MIOC not activated.that the person was impaired by or under the influence of intoxicating (5) A personliquor. who violates this MIOC Operations Desk Phone: (517) 241-8000 (4) sectionA sample is responsibleor specimen for of aurine or breath shall be taken and collected in a civilreasonable infraction manner. and may Only be a licensed physician, or an individual operating RESPONDING TO VEHICLE-RELATED orderedunder the to delegationpay a civil fineof a oflicensed physician under section 16215 of the not more than $100.00. A RELEASES IN MICHIGAN public health code, 1978 PA 368, MCL 333.16215, and qualified to withdraw Information for police and fire departments and other agencies responding to civilblood infraction acting in undera medical this environment, at the request of a peace officer, may subsection shall be processed vehicle-related spills, and involvement by the Department of Environmental withdraw blood for the purpose of determining the amount of alcohol or Quality (DEQ) in such incidents. inpresence the same of mannera controlled as a civilsubstance or both in the person's blood, as provided infraction under the Michigan TYPES OF SPILLS in this section. Liability for a crime or civil damages predicated on the act Transportation-related spills occur frequently on Michigan’s roads, highways, and vehicleof withdrawing code, Act or No. analyzing 300 of blood and related procedures shall not attach the Public Acts of 1949, being railways. Releases from these accidents may include diesel fuel, gasoline, motor sections 257.1 to 257.923 of oil, transmission fluids, and anti-freeze. Accidents involving tankers, fuel oil the Michigan Compiled Laws. delivery trucks, and other similar haulers may result in significant releases. CIVILALCOHOL/DRUG INFRACTIONS RELATED INCIDENTS HAZARDOUSHAZARDOUS MATERIALSMISDEMEANOR MATERIALSINCIDENTS VIOLATIONS INCIDENTS CIVIL INFRACTIONS 217 301428 29 6 NATURALHAZARDOUS RESOURCES MATERIALS & CIVIL INFRACTIONS ENVIRONMENTAL INCIDENTS PROTECTION ACT MCL 257.669a OFF-ROADBased on the nature and size VEHICLESof a release and the threat to public health, safety, or the environment, fire or police responders may seek input from the to a licensed physician or individual operating under the delegation of Federal motor carrier safety regulations; adoption; transportation of a licensed physician who withdraws blood or analyzes blood or assists persons and property over railroad-highway grade crossings. DEQRemediation & Redevelopment Division (RRD). REPORTING SPILLS in the withdrawal or analysis in accordance with this section unless the Sec. 669a withdrawal or analysis is performed in a negligent manner. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 The party responsible for the release has the obligation to clean up the spill. For very small spills, minimal or no remediation may be necessary; if there is any on file with the office of the secretary of state, to provide for the safe (5) The tests shall be administered at the request of a peace officer having transportation of persons and property over railroad-highway grade crossings question about this determination, the on-scene incident commander should contact the appropriate DEQ/RRD district office. If remediation is necessary, probable cause to believe the person has committed a crime described with the intent of following the policies and procedures of the United States the cleanup of any size spill is less expensive and involved if addressed promptly. in subsection (1). A person who takes a chemical test administered at department of transportation's federal motor carrier safety administration as If the release is serious and prompt cleanup is needed, the on-scene incident the request of a peace officer, as provided in this section, shall be given they relate to title 49 of the code of federal regulations. For purposes of this commander may choose to contact a cleanup contractor directly. If necessary, a reasonable opportunity to have a person of his or her own choosing subsection, “commercial motor vehicle” means that term as defined in section 7a. the RRD can also help by establishing contact with the vehicle owner. Often, the administer 1 of the chemical tests described in this section within a (2) The driver of a commercial motor vehicle shall comply with a lawful order insurance carrier of the owner of the vehicle involved will cover the cleanup and reasonable time after his or her detention. The results of the test shall or direction of a police officer guiding, directing, controlling, or regulating payment of costs associated with a transportation release. be admissible and shall be considered with other admissible evidence traffic at a railroad-highway grade crossing. SPILL INFORMATION in determining the innocence or guilt of the defendant. If the person (3) The driver of a commercial motor vehicle shall not cross a railroad-highway Obtain the following information to assist in cleanup of an environmental spill: charged is administered a chemical test by a person of his or her own grade crossing unless the vehicle has sufficient undercarriage clearance. Vehicle Owner Owner’s Representative Driver of Vehicle choosing, the person charged is responsible for obtaining a chemical (4) The driver of a commercial motor vehicle shall not cross a railroad-highway Name: analysis of the test sample. The person charged shall be informed that grade crossing unless the vehicle can be driven completely through the Address: after taking a test administered at the request of a peace officer he or crossing without stopping. Phone: she has the right to demand that a person of his or her own choosing (5) A person who violates this section is responsible for a civil infraction. Specific Release Location: (street address, city, county, mile marker) and exact administer 1 of the tests provided for in subsection (1), that the results area where loss occurred (ditch, road shoulder, median, pavement, near or in of the test shall be admissible and shall be considered with other admissible MCL 257.670 surface water or wetlands) evidence in determining the innocence or guilt of the defendant, and Operating or moving certain vehicles or equipment upon or across ______that the person charged is responsible for obtaining a chemical analysis of the test sample. steam railroad tracks at grade level; notice of intended crossing; stopping, ______listening, and looking; warning; violation as civil infraction. ______(6) The person charged shall be advised that if the person refuses the request Sec. 670 of a peace officer to take a test described in this section, a test shall not (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, Material(s) released and estimated quantity released: ______be given without a court order, but the officer may seek to obtain the roller, boiler, machinery, or other structure or object upon rollers, or other court order. equipment or structure, which, because of its limited power, or weight, ______character, or load, has a normal operating speed of 4 miles per hour or less, Date and time release was discovered: (7) This section shall not be construed as limiting the introduction of any or which has a vertical load or body clearance of less than 9 inches above Cause of release: other competent evidence, including a video tape recording taken of, the level surface of the roadway, upon or across the tracks of a railroad at Any actions taken in response to the loss and by whom: and with prior notice to the person, bearing upon the question of whether grade level without first complying with this section, except this section shall ______or not the person was impaired by or under the influence of alcoholic not apply to the movement of electrically propelled cars on fixed rails or Name and phone number of insurance carrier, if available: liquor or a controlled substance, or a combination of alcoholic liquor to their loads. ______and a controlled substance, or whether the person had a blood alcohol (2) Notice of the intended crossing described in subsection (1) shall be given Name of on-scene commander/contact: content of 0.04 grams or more per 100 milliliters of blood, per 210 liters to the nearest agent or officer of the railroad in time to afford protection to Phone number (cellular if available): of breath, or per 67 milliliters of urine. its locomotives, trains, or cars at the crossing. Note: The liable party has reporting obligations that are not satisfied by (8) If a jury instruction regarding a defendant's refusal to submit to a chemical (3) Before making the crossing, the person operating or moving the vehicle or this form. For complete information about reporting releases, contact test under this section is requested by the prosecution or the defendant, equipment shall first stop not less than 15 feet or more than 50 feet from your nearest DEQ District Office. Information on spill release reporting the jury instruction shall be given as follows: “Evidence was admitted in the nearest rail of the track and while stopped shall listen and look in both can also be accessed from the DEQ Home Page at: michigan.gov/deq this case which, if believed by the jury, could prove that the defendant directions along the track for an approaching train and for signals indicating (enter Spill Release Reporting in search). had exercised his or her right to refuse a chemical test. You are instructed the approach of a train, and shall not proceed until the crossing can be made CONTACT INFORMATION that such a refusal is within the statutory rights of the defendant and is safely. When requesting DEQ/RRD involvement, spills should be reported directly not evidence of his or her guilt. You are not to consider such a refusal (4) A crossing shall not be made when warning is given by automatic signal or to the applicable DEQ district office during normal business hours (8 AM-5 in determining the guilt or innocence of the defendant.” crossing gates or a flagman or otherwise of the immediate approach of a PM). Please fax this form to the district office and provide additional follow-up railroad train or car. information, such as photographs or sketches, as available. After hours and on (9) If after an accident the operator of a locomotive engine involved in the (5) A person who violates this section is responsible for a civil infraction. weekends, releases can be reported by calling the DEQ’s Pollution Emergency accident is transported to a medical facility and a sample of the operator's Alerting System (PEAS) hotline at 800-292-4706. blood is withdrawn at that time for the purpose of medical treatment, CIVIL INFRACTIONS HAZARDOUSMISDEMEANOR MATERIALS VIOLATIONSHAZARDOUS INCIDENTS MATERIALS INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 5 303113 22 VIOLATIONS BY CIVIL INFRACTIONS THE RAILROAD MCL 257.669a CHEMICAL TESTS SNOWMOBILES Federal motor carrier safety regulations; adoption; transportation of persons and property over railroad-highway grade crossings. MCL 462.359 Sec. 669a Chemical test and analysis of operator's blood, urine, or breath. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 Sec. 359 on file with the office of the secretary of state, to provide for the safe (1) The amount of alcohol or presence of a controlled substance or both in the Email: [email protected] transportation of persons and property over railroad-highway grade crossings operator's blood at the time alleged as shown by chemical analysis of that with the intent of following the policies and procedures of the United States person's blood, urine, or breath shall be admissible into evidence in a criminal (MIOC) department of transportation's federal motor carrier safety administration as prosecution for any of the following: 517-241-8000 they relate to title 49 of the code of federal regulations. For purposes of this (a) A violation of section 353 or 357 or of a local ordinance substantially subsection, “commercial motor vehicle” means that term as defined in section 7a. corresponding to section 353(1) or (2) or 357. (2) The driver of a commercial motor vehicle shall comply with a lawful order (b) Manslaughter or murder resulting from the operation of a locomotive Detroit and Southeast Michigan or direction of a police officer guiding, directing, controlling, or regulating engine while the operator is alleged to have been impaired by or under Information & Intelligence Center traffic at a railroad-highway grade crossing. the influence of alcoholic liquor or a controlled substance or a combination (3) The driver of a commercial motor vehicle shall not cross a railroad-highway of alcoholic liquor and a controlled substance, or to have had a blood (DSEMIIC) grade crossing unless the vehicle has sufficient undercarriage clearance. alcohol content of 0.04 grams or more per 100 milliliters of blood, per Phone: (313) 967-4600 (4) The driver of a commercial motor vehicle shall not cross a railroad-highway 210 liters of breath, or per 67 milliliters of urine. grade crossing unless the vehicle can be driven completely through the Email: [email protected] crossing without stopping. (2) If a test is given, the results of the test shall be made available to the person (5) A person who violates this section is responsible for a civil infraction. charged or the person's attorney upon written request to the prosecution, Law Enforcement (LE) Only with a copy of the request filed with the court. The prosecution shall furnish MCL 257.670 the report at least 2 days before the day of the trial and the results shall be Operating or moving certain vehicles or equipment upon or across offered as evidence by the prosecution in that trial. Failure to fully comply MiCrimInt Central steam railroad tracks at grade level; notice of intended crossing; stopping, with the request shall bar the admission of the results into evidence by the Help/Contact Info listening, and looking; warning; violation as civil infraction. prosecution. Phone: (517) 241-1569 Sec. 670 (3) Except in a prosecution relating solely to a violation of section 353(2), the (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, amount of alcohol in the operator's blood at the time alleged as shown by Email: [email protected] roller, boiler, machinery, or other structure or object upon rollers, or other chemical analysis of that person's blood, urine, or breath shall give rise to Law Enforcement (LE) Only equipment or structure, which, because of its limited power, or weight, the following presumptions: character, or load, has a normal operating speed of 4 miles per hour or less, (a) If there was at the time less than 0.04% grams per 100 milliliters of or which has a vertical load or body clearance of less than 9 inches above blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be MICHTIP (For Public Use) the level surface of the roadway, upon or across the tracks of a railroad at presumed that the person was not impaired by or under the influence grade level without first complying with this section, except this section shall of intoxicating liquor. Reporting Suspicious Activity not apply to the movement of electrically propelled cars on fixed rails or (b) If there was at the time 0.04% grams or more per 100 milliliters of blood, Phone: (855) MICHTIP (642-4847) to their loads. per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed Website: www.michigan.gov/michtip (2) Notice of the intended crossing described in subsection (1) shall be given that the person was impaired by or under the influence of intoxicating to the nearest agent or officer of the railroad in time to afford protection to liquor. its locomotives, trains, or cars at the crossing. (3) Before making the crossing, the person operating or moving the vehicle or (4) A sample or specimen of urine or breath shall be taken and collected in a equipment shall first stop not less than 15 feet or more than 50 feet from reasonable manner. Only a licensed physician, or an individual operating the nearest rail of the track and while stopped shall listen and look in both under the delegation of a licensed physician under section 16215 of the directions along the track for an approaching train and for signals indicating public health code, 1978 PA 368, MCL 333.16215, and qualified to withdraw the approach of a train, and shall not proceed until the crossing can be made blood acting in a medical environment, at the request of a peace officer, may safely. withdraw blood for the purpose of determining the amount of alcohol or (4) A crossing shall not be made when warning is given by automatic signal or presence of a controlled substance or both in the person's blood, as provided crossing gates or a flagman or otherwise of the immediate approach of a in this section. Liability for a crime or civil damages predicated on the act railroad train or car. of withdrawing or analyzing blood and related procedures shall not attach (5) A person who violates this section is responsible for a civil infraction.

CIVIL INFRACTIONS ALCOHOL/DRUG HAZARDOUSRELATED INCIDENTS MATERIALS INCIDENTS MISDEMEANORHOMELAND VIOLATIONS SECURITY 5 3021 3214 NATURAL RESOURCES & CIVIL INFRACTIONS ENVIRONMENTALNOTES OF INTEREST PROTECTION ACT MCL 257.669a OFF-ROAD VEHICLES NOTES OF INTEREST to a licensed physician or individual operating under the delegation of Federal motor carrier safety regulations; adoption; transportation of MCL Definitions a licensed physician who withdraws blood or analyzes blood or assists persons and property over railroad-highway grade crossings. in the withdrawal or analysis in accordance with this section unless the Sec. 669a 257.12 “Driver” defined withdrawal or analysis is performed in a negligent manner. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 “Driver” means every person who drives or is in actual physical control of a vehicle. on file with the office of the secretary of state, to provide for the safe (5) The tests shall be administered at the request of a peace officer having transportation of persons and property over railroad-highway grade crossings 257.25 “License” defined. probable cause to believe the person has committed a crime described with the intent of following the policies and procedures of the United States “License” means any driving privileges, license, temporary instruction permit, in subsection (1). A person who takes a chemical test administered at department of transportation's federal motor carrier safety administration as commercial learner’s permit, or temporary license issued under the laws of this state the request of a peace officer, as provided in this section, shall be given they relate to title 49 of the code of federal regulations. For purposes of this pertaining to the licensing of persons to operate motor vehicles. a reasonable opportunity to have a person of his or her own choosing subsection, “commercial motor vehicle” means that term as defined in section 7a. administer 1 of the chemical tests described in this section within a (2) The driver of a commercial motor vehicle shall comply with a lawful order 257.311 Possession of operator’s or chauffeur’s license or receipt reasonable time after his or her detention. The results of the test shall or direction of a police officer guiding, directing, controlling, or regulating when operating motor vehicle required; display; identification. be admissible and shall be considered with other admissible evidence traffic at a railroad-highway grade crossing. The licensee shall have his or her operator’s or chauffeur license, or the receipt in determining the innocence or guilt of the defendant. If the person (3) The driver of a commercial motor vehicle shall not cross a railroad-highway described in section 311a, in his or her immediate possession at all times when charged is administered a chemical test by a person of his or her own grade crossing unless the vehicle has sufficient undercarriage clearance. operating a motor vehicle, and shall display the same upon demand of any police choosing, the person charged is responsible for obtaining a chemical (4) The driver of a commercial motor vehicle shall not cross a railroad-highway officer, who shall identify himself or herself as such. analysis of the test sample. The person charged shall be informed that grade crossing unless the vehicle can be driven completely through the after taking a test administered at the request of a peace officer he or 257.33 “Motor vehicle” defined. she has the right to demand that a person of his or her own choosing crossing without stopping. “Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter (5) A person who violates this section is responsible for a civil infraction. administer 1 of the tests provided for in subsection (1), that the results 4 of this act motor vehicle does not include industrial equipment such as a forklift, a of the test shall be admissible and shall be considered with other admissible front-end loader, or other construction equipment that is not subject to registration evidence in determining the innocence or guilt of the defendant, and MCL 257.670 under this act. Motor vehicle does not include an electric patrol vehicle being operated Operating or moving certain vehicles or equipment upon or across that the person charged is responsible for obtaining a chemical analysis in compliance with the electric patrol vehicle act, 1997 PA 55, MCL257.1571 to of the test sample. steam railroad tracks at grade level; notice of intended crossing; stopping, 251.1577. Motor vehicle does not include an electric personal assistive mobility device. listening, and looking; warning; violation as civil infraction. Motor vehicle does not include an electric carriage. Motor vehicle does not include a (6) The person charged shall be advised that if the person refuses the request Sec. 670 commercial quadricycle. of a peace officer to take a test described in this section, a test shall not (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, be given without a court order, but the officer may seek to obtain the roller, boiler, machinery, or other structure or object upon rollers, or other 257.79 “Vehicle” defined. court order. equipment or structure, which, because of its limited power, or weight, “Vehicle” means every device in, upon, or by which any person or property is or may character, or load, has a normal operating speed of 4 miles per hour or less, be transported or drawn upon a highway, except devices exclusively moved by human (7) This section shall not be construed as limiting the introduction of any or which has a vertical load or body clearance of less than 9 inches above power or used exclusively upon stationary rails or tracks and except, only for the other competent evidence, including a video tape recording taken of, the level surface of the roadway, upon or across the tracks of a railroad at purpose of titling and registration under this act, a mobile home as defined in section 2 and with prior notice to the person, bearing upon the question of whether grade level without first complying with this section, except this section shall of the mobile home commission act, Act No. 96 of Public Acts of 1987, being section or not the person was impaired by or under the influence of alcoholic not apply to the movement of electrically propelled cars on fixed rails or 125.2302 of the Michigan Compiled Laws. liquor or a controlled substance, or a combination of alcoholic liquor to their loads. and a controlled substance, or whether the person had a blood alcohol (2) Notice of the intended crossing described in subsection (1) shall be given 257.49 “Railroad train” defined. content of 0.04 grams or more per 100 milliliters of blood, per 210 liters to the nearest agent or officer of the railroad in time to afford protection to “Railroad train” means a steam engine, electric or other motor with or without cars of breath, or per 67 milliliters of urine. coupled thereto, operated upon rails, except street cars. its locomotives, trains, or cars at the crossing. (8) If a jury instruction regarding a defendant's refusal to submit to a chemical (3) Before making the crossing, the person operating or moving the vehicle or test under this section is requested by the prosecution or the defendant, equipment shall first stop not less than 15 feet or more than 50 feet from the jury instruction shall be given as follows: “Evidence was admitted in the nearest rail of the track and while stopped shall listen and look in both this case which, if believed by the jury, could prove that the defendant directions along the track for an approaching train and for signals indicating had exercised his or her right to refuse a chemical test. You are instructed the approach of a train, and shall not proceed until the crossing can be made that such a refusal is within the statutory rights of the defendant and is safely. not evidence of his or her guilt. You are not to consider such a refusal (4) A crossing shall not be made when warning is given by automatic signal or in determining the guilt or innocence of the defendant.” crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. (9) If after an accident the operator of a locomotive engine involved in the (5) A person who violates this section is responsible for a civil infraction. accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, CIVIL INFRACTIONS NOTESMISDEMEANOR OF INTEREST VIOLATIONSHAZARDOUS MATERIALS INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 5 303313 22

MCL Definitions 257.12 "Driver" defined "Driver" means every person who drives or is in actual physical control of a vehicle.

257.25 "License" defined. "License" means any driving privileges, license, temporary instruction permit, commercial learner's permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.

257.311 Possession of operator's or chauffeur's license or receipt when operating motor vehicle required; display; identification. The licensee shall have his or her operator's or chauffeur license, or the receipt described in section 311a, in his or her immediate possession at all times when operating a motor vehicle, and shall display the same upon demand of any police officer, who shall identify himself or herself as such.

257.33 "Motor vehicle" defined. "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL257.1571 to 251.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle.

257.79 "Vehicle" defined. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.

257.49 "Railroad train" defined. VIOLATIONS BY "Railroad train" means a steam engine, electric or other motor with or without cars coupled thereto, operated upon rails, except street cars. CIVIL INFRACTIONS SCHOOL THE BUS RAILROAD VIOLATIONS MCL 257.669a MCL 257.1857 SNOWMOBILESRailroadRailroad Engineer Engineer or Conductoror Conductor Certifications Certifications CHEMICAL TESTS Federal motor carrier safety regulations; adoption; transportation of Railroad track grade crossings; requirements;“abandoned railroad UD-10 persons and property over railroad-highway grade crossings. track”MCL defined;462.359 violation as civil infraction; fine; processing. QUESTIONS? Sec. 669a ChemicalSec. 57 test and analysis of operator's blood, urine, or breath. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 Sec.(1) Except 359 as provided in subsections (2), (3), and (4), the driver of a school on file with the office of the secretary of state, to provide for the safe (1) bus,The amountbefore crossing of alcohol a railroad or presence track ofat agrade, controlled shall stopsubstance the vehicle or both within in the transportation of persons and property over railroad-highway grade crossings 50operator's feet but bloodnot less at thanthe time15 feet alleged from asthe shown nearest by rail, chemical activate analysis hazard warningof that Call the with the intent of following the policies and procedures of the United States lights,person's turn blood, off all urine, interior or breath switches shall including be admissible fans, intoheaters, evidence and radios, in a criminal open department of transportation's federal motor carrier safety administration as theprosecution passenger for door any andof the driver-side following: window, and while stopped shall listen they relate to title 49 of the code of federal regulations. For purposes of this and(a) lookA violation in both ofdirections section 353along or the357 trackor of fora local an approaching ordinance substantially train and for CRIMINAL JUSTICE INFORMATION subsection, “commercial motor vehicle” means that term as defined in section 7a. signalscorresponding indicating the to approach section 353(1) of a train, or (2) and or shall357. not proceed until the A train is not defined as a motor vehicle, and therefore the engineer (2) The driver of a commercial motor vehicle shall comply with a lawful order driver(b) Manslaughter can do so safely. or murder After stoppingresulting asfrom required the operation in this subsection, of a locomotive and does not have the legalCENTER responsibility to have a driver’s license on or direction of a police officer guiding, directing, controlling, or regulating uponengine proceeding while whenthe operator it is safe is toalleged do so, to the have driver been of impaired the vehicle by orshall under their person while operating the train. The information on the traffic at a railroad-highway grade crossing. cross theonly influence in a gear of of alcoholic the vehicle liquor that or doesa controlled not require substance changing or a combinationgears while engineer’s certificate is used to complete the fields provided on the (3) The driver of a commercial motor vehicle shall not cross a railroad-highway traversingof alcoholic the crossing. liquor Theand drivera controlled shall not substance, shift gears or whileto have crossing had a bloodthe UD-10 Traffic Crash Report. grade crossing unless the vehicle has sufficient undercarriage clearance. track alcoholor tracks. content of 0.04 grams or more per 100 milliliters of blood, per (4) The driver of a commercial motor vehicle shall not cross a railroad-highway (2) A stop210 need liters not of bebreath, made or at per a railroad 67 milliliters track gradeof urine. crossing where a police How to Identify a Crossing517.241.1699 grade crossing unless the vehicle can be driven completely through the officer or a traffic-control signal directs traffic to proceed. The Association of American Railroads and the U.S. Department of Transportation crossing without stopping. (2)(3) IfA astop test need is given, not bethe made results at ofan the abandoned test shall railroadbe made track available grade to crossing. the person As developed a crossing identification system jointly. This system gives each at-grade (5) A person who violates this section is responsible for a civil infraction. usedcharged in thisor thesubsection, person's “abandonedattorney upon railroad written track” request means to the a railroad prosecution, track and separated crossing Ora unique visit identity the byW theeb assignment Site at: of an inventory number. whichwith a meetscopy of all the of requestthe following filed with requirements: the court. The prosecution shall furnish The number, composed of six numerals and one letter, is usually attached to the MCL 257.670 the (a)report The at track least has 2 days been before abandoned the day pursuant of the trial to the and former the results provisions shall beof crossbuck orwww.michigan.gov/crash signal mast (see below). The abbreviation of the railroad responsible for Operating or moving certain vehicles or equipment upon or across offeredAct as evidenceNo. 56 of bythe the Public prosecution Acts of 1919,in that being trial. sectionsFailure to 469.241 fully comply to the crossing may be found above the number. The DOT inventory number should be steam railroad tracks at grade level; notice of intended crossing; stopping, with the469.246 request of shall the Michiganbar the admission Compiled of Laws; the results section into 14 evidenceof Act No. by 300 the included in your report. listening, and looking; warning; violation as civil infraction. prosecution.of the Public Acts of 1909, being section 462.14 of the Michigan Sec. 670 (3) Except Compiledin a prosecution Laws; orrelating federal solely law. to a violation of section 353(2), the ENS - EMERGENCY NOTIFICATION SYSTEM (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, amount(b) The of alcoholtrack has in beenthe operator's covered orblood removed. at the time alleged as shown by roller, boiler, machinery, or other structure or object upon rollers, or other chemical(c) All analysissigns, signals, of that andperson's other blood, warning urine, devices or breath are removed. shall give rise to equipment or structure, which, because of its limited power, or weight, (4) Athe stop following shall not presumptions: be made at a railroad track grade crossing on a freeway or character, or load, has a normal operating speed of 4 miles per hour or less, limited(a) If accessthere washighway at the where time less than 0.04% grams per 100 milliliters of Be Safe at Highway-Rail or which has a vertical load or body clearance of less than 9 inches above the crossingblood, peris protected 210 liters by of breath, or per 67 milliliters of urine, it shall be In case of a crossingIntersections. emergency: the level surface of the roadway, upon or across the tracks of a railroad at a clearlypresumed visible thatsignal, the person was not impaired by or under the influence grade level without first complying with this section, except this section shall 1. Locate the 800 number sign in close proximity to the crossing, if available. crossingof intoxicatinggate, or barrier liquor. at a 2. Notify railroad of crossing DOT inventory number. not apply to the movement of electrically propelled cars on fixed rails or time(b) whenIf there the was signal, at the time 0.04% grams or more per 100 milliliters of blood, 3. Inform dispatcher as to the nature of the emergency. They will contact nearby train to their loads. crossingper gate,210 liters or barrier of breath, is or per 67 milliliters of urine, it shall be presumed crew, if train needs to be stopped. (2) Notice of the intended crossing described in subsection (1) shall be given not activated.that the person was impaired by or under the influence of intoxicating to the nearest agent or officer of the railroad in time to afford protection to (5) A personliquor. who violates this Penalties for CDL Vehicle Operators Convicted of Railroad its locomotives, trains, or cars at the crossing. (4) sectionA sample is responsibleor specimen for of aurine or breath shall be taken and collected in a Crossing Violations (3) Before making the crossing, the person operating or moving the vehicle or civil infraction and may be P.A. 534 of 2002 equipment shall first stop not less than 15 feet or more than 50 feet from reasonable manner. Only a licensed physician, or an individual operating orderedunder the to delegationpay a civil fineof a oflicensed physician under section 16215 of the Under Federal Motor Carrier Regulations (FMCSRs) states must take action to the nearest rail of the track and while stopped shall listen and look in both not more than $100.00. A disqualify drivers who commit certain violations while driving a commercial motor directions along the track for an approaching train and for signals indicating public health code, 1978 PA 368, MCL 333.16215, and qualified to withdraw civilblood infraction acting in undera medical this environment, at the request of a peace officer, may vehicle (CMV). The following highway-rail intersection violations and disqualification the approach of a train, and shall not proceed until the crossing can be made subsection shall be processed periods for drivers operating vehicles requiring CDL’s are noted. It covers the safely. withdraw blood for the purpose of determining the amount of alcohol or regulations listed in Parts 383 and 391 of the FMCSR’s. Note: This list would not be inpresence the same of mannera controlled as a civilsubstance or both in the person's blood, as provided (4) A crossing shall not be made when warning is given by automatic signal or infraction under the Michigan accurate for drivers operating vehicles between 10,001 and 26,000 pounds (which do crossing gates or a flagman or otherwise of the immediate approach of a in this section. Liability for a crime or civil damages predicated on the act not require CDL’s). vehicleof withdrawing code, Act or No. analyzing 300 of blood and related procedures shall not attach railroad train or car. the Public Acts of 1949, being (5) A person who violates this section is responsible for a civil infraction. sections 257.1 to 257.923 of the Michigan Compiled Laws. CIVIL INFRACTIONS CIVILALCOHOL/DRUG INFRACTIONS HAZARDOUSRELATED INCIDENTS MATERIALS INCIDENTS MISDEMEANORNOTES OF VIOLATIONS INTEREST 5 30217 341428 NATURAL RESOURCES & CIVIL INFRACTIONS ENVIRONMENTALNOTES OF INTEREST PROTECTION ACT MCL 257.669a OFF-ROADDisqualifying Rail Intersection VEHICLESViolations: 1. Failing to slow down. to a licensed physician or individual operating under the delegation of Federal motor carrier safety regulations; adoption; transportation of a licensed physician who withdraws blood or analyzes blood or assists persons and property over railroad-highway grade crossings. 2. Failing to stop. 3. Failing to check for clear track. in the withdrawal or analysis in accordance with this section unless the Sec. 669a withdrawal or analysis is performed in a negligent manner. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 4. Failing to obey traffic control devices or law enforcement officials. 5. Crossing without having sufficient undercarriage clearance. on file with the office of the secretary of state, to provide for the safe (5) The tests shall be administered at the request of a peace officer having transportation of persons and property over railroad-highway grade crossings 6. Crossing without having sufficient space on the other side to clear the tracks without stopping. probable cause to believe the person has committed a crime described with the intent of following the policies and procedures of the United States in subsection (1). A person who takes a chemical test administered at department of transportation's federal motor carrier safety administration as Disqualification Periods for CDL Drivers: the request of a peace officer, as provided in this section, shall be given they relate to title 49 of the code of federal regulations. For purposes of this *A 60-day CDL suspension for the first railroad crossing violation while operating a a reasonable opportunity to have a person of his or her own choosing subsection, “commercial motor vehicle” means that term as defined in section 7a. CMV administer 1 of the chemical tests described in this section within a (2) The driver of a commercial motor vehicle shall comply with a lawful order *A 120-day CDL suspension for a second railroad crossing violation within 36 months reasonable time after his or her detention. The results of the test shall or direction of a police officer guiding, directing, controlling, or regulating while operating a CMV. be admissible and shall be considered with other admissible evidence traffic at a railroad-highway grade crossing. *A 1-year suspension for three or more railroad violations within 36 months while in determining the innocence or guilt of the defendant. If the person (3) The driver of a commercial motor vehicle shall not cross a railroad-highway operating a CMV. charged is administered a chemical test by a person of his or her own grade crossing unless the vehicle has sufficient undercarriage clearance. choosing, the person charged is responsible for obtaining a chemical (4) The driver of a commercial motor vehicle shall not cross a railroad-highway If you are interested in providing Emergency Responders with a highway-rail analysis of the test sample. The person charged shall be informed that grade crossing unless the vehicle can be driven completely through the safety program contact the national website www.oli.org. Programs are provided after taking a test administered at the request of a peace officer he or crossing without stopping. at no charge. she has the right to demand that a person of his or her own choosing (5) A person who violates this section is responsible for a civil infraction. administer 1 of the tests provided for in subsection (1), that the results of the test shall be admissible and shall be considered with other admissible MCL 257.670 evidence in determining the innocence or guilt of the defendant, and Operating or moving certain vehicles or equipment upon or across that the person charged is responsible for obtaining a chemical analysis steam railroad tracks at grade level; notice of intended crossing; stopping, of the test sample. listening, and looking; warning; violation as civil infraction. (6) The person charged shall be advised that if the person refuses the request Sec. 670 of a peace officer to take a test described in this section, a test shall not (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, be given without a court order, but the officer may seek to obtain the roller, boiler, machinery, or other structure or object upon rollers, or other court order. equipment or structure, which, because of its limited power, or weight, character, or load, has a normal operating speed of 4 miles per hour or less, (7) This section shall not be construed as limiting the introduction of any or which has a vertical load or body clearance of less than 9 inches above other competent evidence, including a video tape recording taken of, the level surface of the roadway, upon or across the tracks of a railroad at and with prior notice to the person, bearing upon the question of whether grade level without first complying with this section, except this section shall or not the person was impaired by or under the influence of alcoholic not apply to the movement of electrically propelled cars on fixed rails or liquor or a controlled substance, or a combination of alcoholic liquor to their loads. and a controlled substance, or whether the person had a blood alcohol (2) Notice of the intended crossing described in subsection (1) shall be given content of 0.04 grams or more per 100 milliliters of blood, per 210 liters to the nearest agent or officer of the railroad in time to afford protection to of breath, or per 67 milliliters of urine. its locomotives, trains, or cars at the crossing. (8) If a jury instruction regarding a defendant's refusal to submit to a chemical (3) Before making the crossing, the person operating or moving the vehicle or test under this section is requested by the prosecution or the defendant, equipment shall first stop not less than 15 feet or more than 50 feet from the jury instruction shall be given as follows: “Evidence was admitted in the nearest rail of the track and while stopped shall listen and look in both this case which, if believed by the jury, could prove that the defendant directions along the track for an approaching train and for signals indicating had exercised his or her right to refuse a chemical test. You are instructed the approach of a train, and shall not proceed until the crossing can be made that such a refusal is within the statutory rights of the defendant and is safely. not evidence of his or her guilt. You are not to consider such a refusal (4) A crossing shall not be made when warning is given by automatic signal or in determining the guilt or innocence of the defendant.” crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. (9) If after an accident the operator of a locomotive engine involved in the (5) A person who violates this section is responsible for a civil infraction. accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, CIVIL INFRACTIONS NOTESMISDEMEANOR OF INTEREST VIOLATIONSHAZARDOUS MATERIALS INCIDENTS ALCOHOL/DRUG RELATED INCIDENTS 5 303513 22 CIVIL INFRACTIONS SCHOOL BUS VIOLATIONS NOTES MCL 257.669a MCL 257.1857 Federal motor carrier safety regulations; adoption; transportation of Railroad track grade crossings; requirements;“abandoned railroad UD-10 persons and property over railroad-highway grade crossings. track” defined; violation as civil infraction; fine; processing. Sec. 669a Sec. 57 QUESTIONS? (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 (1) Except as provided in subsections (2), (3), and (4), the driver of a school on file with the office of the secretary of state, to provide for the safe bus, before crossing a railroad track at grade, shall stop the vehicle within transportation of persons and property over railroad-highway grade crossings 50 feet but not less than 15 feet from the nearest rail, activate hazard warning Call the with the intent of following the policies and procedures of the United States lights, turn off all interior switches including fans, heaters, and radios, open department of transportation's federal motor carrier safety administration as the passenger door and driver-side window, and while stopped shall listen they relate to title 49 of the code of federal regulations. For purposes of this and look in both directions along the track for an approaching train and for CRIMINAL JUSTICE INFORMATION subsection, “commercial motor vehicle” means that term as defined in section 7a. signals indicating the approach of a train, and shall not proceed until the (2) The driver of a commercial motor vehicle shall comply with a lawful order driver can do so safely. After stopping as required in this subsection, and CENTER or direction of a police officer guiding, directing, controlling, or regulating upon proceeding when it is safe to do so, the driver of the vehicle shall traffic at a railroad-highway grade crossing. cross only in a gear of the vehicle that does not require changing gears while (3) The driver of a commercial motor vehicle shall not cross a railroad-highway traversing the crossing. The driver shall not shift gears while crossing the grade crossing unless the vehicle has sufficient undercarriage clearance. track or tracks. (4) The driver of a commercial motor vehicle shall not cross a railroad-highway (2) A stop need not be made at a railroad track grade crossing where a police 517.241.1699 grade crossing unless the vehicle can be driven completely through the officer or a traffic-control signal directs traffic to proceed. crossing without stopping. (3) A stop need not be made at an abandoned railroad track grade crossing. As (5) A person who violates this section is responsible for a civil infraction. used in this subsection, “abandoned railroad track” means a railroad track Or visit the Web Site at: which meets all of the following requirements: MCL 257.670 (a) The track has been abandoned pursuant to the former provisions of www.michigan.gov/crash Operating or moving certain vehicles or equipment upon or across Act No. 56 of the Public Acts of 1919, being sections 469.241 to steam railroad tracks at grade level; notice of intended crossing; stopping, 469.246 of the Michigan Compiled Laws; section 14 of Act No. 300 listening, and looking; warning; violation as civil infraction. of the Public Acts of 1909, being section 462.14 of the Michigan Sec. 670 Compiled Laws; or federal law. (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, (b) The track has been covered or removed. roller, boiler, machinery, or other structure or object upon rollers, or other (c) All signs, signals, and other warning devices are removed. equipment or structure, which, because of its limited power, or weight, (4) A stop shall not be made at a railroad track grade crossing on a freeway or character, or load, has a normal operating speed of 4 miles per hour or less, limited access highway where Be Safe at Highway-Rail or which has a vertical load or body clearance of less than 9 inches above the crossing is protected by Intersections. the level surface of the roadway, upon or across the tracks of a railroad at a clearly visible signal, grade level without first complying with this section, except this section shall crossing gate, or barrier at a not apply to the movement of electrically propelled cars on fixed rails or time when the signal, to their loads. crossing gate, or barrier is (2) Notice of the intended crossing described in subsection (1) shall be given not activated. to the nearest agent or officer of the railroad in time to afford protection to (5) A person who violates this its locomotives, trains, or cars at the crossing. section is responsible for a (3) Before making the crossing, the person operating or moving the vehicle or civil infraction and may be equipment shall first stop not less than 15 feet or more than 50 feet from ordered to pay a civil fine of the nearest rail of the track and while stopped shall listen and look in both not more than $100.00. A directions along the track for an approaching train and for signals indicating civil infraction under this the approach of a train, and shall not proceed until the crossing can be made subsection shall be processed safely. in the same manner as a civil (4) A crossing shall not be made when warning is given by automatic signal or infraction under the Michigan crossing gates or a flagman or otherwise of the immediate approach of a vehicle code, Act No. 300 of railroad train or car. the Public Acts of 1949, being (5) A person who violates this section is responsible for a civil infraction. sections 257.1 to 257.923 of the Michigan Compiled Laws. CIVIL INFRACTIONS CIVIL INFRACTIONSHAZARDOUS MATERIALS INCIDENTS 5 307 28 NOTES INFRACTIONS CIVIL MCL 257.669a MCL Federal motor carrier safety regulations; adoption; transportation of transportation adoption; regulations; safety carrier motor Federal persons and property over railroad-highway grade crossings. grade railroad-highway over property and persons Sec. 669a Sec. (1) This state adopts motor carrier safety regulations 49 C.F.R. 392.10 and 392.11 and 392.10 C.F.R. 49 regulations safety carrier motor adopts state This (1) on file with the office of the secretary of state, to provide for the safe the for provide to state, of secretary the of office the with file on transportation of persons and property over railroad-highway grade crossings grade railroad-highway over property and persons of transportation with the intent of following the policies and procedures of the United States United the of procedures and policies the following of intent the with department of transportation's federal motor carrier safety administration as administration safety carrier motor federal transportation's of department they relate to title 49 of the code of federal regulations. For purposes of this of purposes For regulations. federal of code the of 49 title to relate they subsection, “commercial motor vehicle” means that term as defined in section 7a. section in defined as term that means vehicle” motor “commercial subsection, (2) The driver of a commercial motor vehicle shall comply with a lawful order lawful a with comply shall vehicle motor commercial a of driver The (2) or direction of a police officer guiding, directing, controlling, or regulating or controlling, directing, guiding, officer police a of direction or traffic at a railroad-highway grade crossing. grade railroad-highway a at traffic (3) The driver of a commercial motor vehicle shall not cross a railroad-highway a cross not shall vehicle motor commercial a of driver The (3) grade crossing unless the vehicle has sufficient undercarriage clearance. undercarriage sufficient has vehicle the unless crossing grade (4) The driver of a commercial motor vehicle shall not cross a railroad-highway a cross not shall vehicle motor commercial a of driver The (4) grade crossing unless the vehicle can be driven completely through the through completely driven be can vehicle the unless crossing grade crossing without stopping. without crossing (5) A person who violates this section is responsible for a civil infraction. civil a for responsible is section this violates who person A (5) MCL 257.670 MCL Operating or moving certain vehicles or equipment upon or across or upon equipment or vehicles certain moving or Operating steam railroad tracks at grade level; notice of intended crossing; stopping, crossing; intended of notice level; grade at tracks railroad steam listening, and looking; warning; violation as civil infraction. civil as violation warning; looking; and listening, Sec. 670 Sec. (1) A person shall not operate or move a caterpillar tractor, shovel, derrick, shovel, tractor, caterpillar a move or operate not shall person A (1) roller, boiler, machinery, or other structure or object upon rollers, or other or rollers, upon object or structure other or machinery, boiler, roller, equipment or structure, which, because of its limited power, or weight, or power, limited its of because which, structure, or equipment character, or load, has a normal operating speed of 4 miles per hour or less, or hour per miles 4 of speed operating normal a has load, or character, or which has a vertical load or body clearance of less than 9 inches above inches 9 than less of clearance body or load vertical a has which or the level surface of the roadway, upon or across the tracks of a railroad at railroad a of tracks the across or upon roadway, the of surface level the grade level without first complying with this section, except this section shall section this except section, this with complying first without level grade not apply to the movement of electrically propelled cars on fixed rails or rails fixed on cars propelled electrically of movement the to apply not to their loads. their to (2) Notice of the intended crossing described in subsection (1) shall be given be shall (1) subsection in described crossing intended the of Notice (2) to the nearest agent or officer of the railroad in time to afford protection to protection afford to time in railroad the of officer or agent nearest the to its locomotives, trains, or cars at the crossing. the at cars or trains, locomotives, its (3) Before making the crossing, the person operating or moving the vehicle or vehicle the moving or operating person the crossing, the making Before (3) equipment shall first stop not less than 15 feet or more than 50 feet from feet 50 than more or feet 15 than less not stop first shall equipment the nearest rail of the track and while stopped shall listen and look in both in look and listen shall stopped while and track the of rail nearest the directions along the track for an approaching train and for signals indicating signals for and train approaching an for track the along directions the approach of a train, and shall not proceed until the crossing can be made be can crossing the until proceed not shall and train, a of approach the safely. (4) A crossing shall not be made when warning is given by automatic signal or signal automatic by given is warning when made be not shall crossing A (4) crossing gates or a flagman or otherwise of the immediate approach of a of approach immediate the of otherwise or flagman a or gates crossing railroad train or car. or train railroad (5) A person who violates this section is responsible for a civil infraction. civil a for responsible is section this violates who person A (5)

HAZARDOUS MATERIALS INCIDENTS MATERIALS HAZARDOUS INFRACTIONS CIVIL 30 5 O R R I MICHIGAN'S RAILROAD E P U S SYSTEM E K A L

LSI MARQUETTE IRONWOOD SAULT STE. MARIE

MUNISING

E LS

CN ESCANABA L A

RAILROADS OPERATING IN MICHIGAN K PETOSKEY E CN Canadian National Railway CSX Transportation CSX H ALPENA NS MENOMINEE GAYLORD Other Railroads U

R

L O

L S

S R

TRAVERSE R C CITY C N

N

GLC A MANISTEE

C

G CADILLAC R

S

L DETROIT AREA INSET I LUDINGTON

H H

E MQT

C

C

S

X Pontiac I Utica MIDLAND BAY CITY Mt Clemens HE M MT. PLEASANT

L

S

R H E C C

R

E ALMA SAGINAW H E L G

K S MUSKEGON R L C Novi GLC C

A MS G LC FLINT PORT HURON CM PORT HURON

L M GRAND RAPIDS Detroit LIRR M HE

C

GRE S

C X X S S X Plymouth C

G # CP Rail Tunnel Dearborn C S L X LANSING C

SEE ONTARIO CHS GDLK INSET Ypsilanti ANN ARBOR KALAMAZOO

C

S C

S X N N A 05 10 BATTLE CREEK A WMI JACKSON U N T Y W A Y N E C O U N T Y R O E C O S M O N N Miles K Carleton T M A X A S A L C A N MSO K C E E R I E Monroe

Produced by

A A Michigan Center for Shared Solutions LAKE ERIE Department of Technology, Management, and Budget 0 10 20 30 40 50 June 2014 Miles www.michigan.gov/cgi 4 Ph: (517) 373-7910 OHIO

The Michigan’s Enforcement Guide has been printed with support from: CN, Conrail, CSX Transportation, Grand Elk Railroad, Lake State Railway, Norfolk Southern and Operation Lifesaver, Inc.

This booklet was prepared by Michigan Operation Lifesaver in cooperation with the Michigan Association of Chiefs of Police, Michigan Dept. of Environmental Quality, Michigan Dept. of Natural Resources, Michigan Dept. of Transportation, Michigan Railroads Association, Michigan ’s Association, Michigan State Police, and Washtenaw County Prosecutor’s Office.

Revision 01/2016