SB 959

SENATE BILL NO. 959
A bill to amend 1993 PA 354, entitled
"Railroad code of 1993,"
(MCL 462.101 to 462.451) by adding sections 280, 281,
282, 283, 284, and 285.
the people of the state of michigan enact:
Sec. 280. As used
in this section and sections 281 to 285:
(a) "Class I carrier", "class II carrier", and
"class III carrier" mean those terms as defined in 49 CFR part 1201.
(b) "Defect" includes hot wheel bearings, hot wheels,
defective bearings that are detected through acoustics, dragging equipment,
excessive height or weight, shifted loads, low hoses, rail temperature, and
wheel condition.
(c) "Office" means the office of rail in the state
transportation department.
(d) "Wayside detector system" means an electronic device or a
series of connected devices that scan passing trains, rolling stock, on-track
equipment, and component equipment and parts for defects.
Sec. 281. (1) The
office shall work with each railroad that does business in this state to ensure
that wayside detector systems are installed and are operating along railroad
tracks on which the railroad operates and to ensure that the railroad and
wayside detector systems meet all of following standards:
(a) Each wayside detector system is properly installed, maintained,
repaired, and operational in accordance with sections 282 to 284 and the latest
guidelines issued by the United States Department of Transportation, the Federal
Railroad Administration, and the Association of American Railroads.
(b) An expired, nonworking, or outdated wayside detector system or
component part of a wayside detector system is promptly removed and replaced
with a new part or an entirely new system that reflects the current best
practices and standards of the industry.
(c) The distance between each wayside detector system is appropriate
when accounting for the requirements of sections 282 to 284, the natural
terrain surrounding the railroad track on which the railroad operates, and the
safety of the trains, rolling stock, on-track equipment, operators, passengers,
and the individuals and property in the vicinity of the railroad track so that
if defects are detected there is sufficient time to do all of the following:
(i) Respond to the
alerts given by the wayside detector system.
(ii) Stop the train,
rolling stock, or on-track equipment, if necessary.
(iii) Make all
necessary repairs or, if repair is impossible at the location, remove the
component parts or equipment that has a defect.
(d) The railroad has defined, written standards and training for its
employees pertaining to wayside detector system defect alerts, the course of
action that employees are required to take to respond to an alert, and
appropriate monitoring and responses by the company if employees fail to take
the required course of action.
(2) If a railroad refuses to work or otherwise cooperate with the office
in good faith under this section, the office shall investigate that railroad's
safety practices and standards in accordance with 49 CFR part 212. The office
shall determine whether the company appears to be in compliance with federal
railroad safety laws in accordance with 49 CFR part 209.
(3) If a railroad does not appear to be in compliance with the
applicable federal standards based on an investigation conducted under subsection
(2), not later than 60 days after the conclusion of the investigation, the office
shall make a report to the Federal Railroad Administration detailing the
results of the investigation and recommend that the Federal Railroad
Administration take appropriate enforcement actions against the railroad for
the safety violations discovered through that investigation. The office shall
send a copy of the report to the governor, the senate majority leader, the
speaker of the house of representatives, and the minority leaders of both the
senate and the house of representatives.
Sec. 282. (1) Except
as otherwise provided in this section, any person responsible for installing a wayside
detector system alongside or on a railroad track shall ensure that each wayside
detector system is located at the following distance along the track from the nearest
wayside detector system:
(a) For a class I carrier railroad or class II carrier railroad, not
more than 10 miles.
(b) For a class III carrier railroad, not more than 35 miles.
(2) If the natural terrain or any other reason does not allow for the
placement of a wayside detector system in compliance with subsection (1)(a) or
(b), the wayside detector system may be located not more than an additional 5
miles from the nearest wayside detector system than the maximum distance
allowed under subsection (1)(a) or (b).
(3) A class II carrier railroad or class III carrier railroad must, before
installing a wayside detector system further than the maximum distance allowed
under subsection (1)(a) or (b), submit to the office a written explanation for
the deviation.
Sec. 283. If a
wayside detector system detects a defect in a passing train, rolling stock,
on-track equipment, or its component equipment and parts, and if the message
regarding the defect is not immediately sent to the operator of that train,
rolling stock, or on-track equipment, the person that receives the message
shall immediately notify the operator of the defect.
Sec. 284. Sections 280 to 283 do not apply
to a railroad track owned or leased by a class II carrier railroad or class III
carrier railroad that has a speed limit of 10 miles per hour or less.
Sec. 285. (1) By
not later than December 31, 2028, the office shall complete a report on train
derailments in this state using statistics from the Federal Railroad
Administration to identify derailments due to bearing or axle failure that
occurred during the 3 years preceding the effective date of the amendatory act
that added this section.
(2) The office shall send a copy of the report to the governor, the
senate majority leader, the speaker of the house of representatives, and the
minority leaders of both the senate and the house of representatives.