Section 462.101 – Short Title.
462.101 Short title. Sec. 101. This act shall be known and may be cited as the “railroad code of 1993”. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.103 – Meanings of Words and Phrases.
462.103 Meanings of words and phrases. Sec. 103. The words and phrases in sections 105 to 109 shall have the meanings respectively ascribed to them in those sections. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.105 – Definitions; a to G.
462.105 Definitions; A to G. Sec. 105. (1) “Active traffic control devices” means those traffic control devices located at or in advance of grade crossings, activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, manually operated devices, and a crossing watchperson, all of which display […]
Section 462.107 – Definitions; H to P.
462.107 Definitions; H to P. Sec. 107. (1) “High speed rail corridor” means any railroad line having been formally designated by the United States department of transportation as a high speed rail corridor. (2) “Nonmotorized trail” means a public or privately owned or operated traveled way, the use of which is restricted to pedestrians or […]
Section 462.109 – Definitions; R to W.
462.109 Definitions; R to W. Sec. 109. (1) “Railroad” means a person, partnership, association, or corporation, their respective lessees, trustees, or receivers, appointed by a court, or other legal entity operating in this state either as a common carrier for hire or for private use as a carrier of persons or property upon cars operated […]
Section 462.131 – Regulatory and Police Power of Department; Rules.
462.131 Regulatory and police power of department; rules. Sec. 131. (1) To the extent provided in this act, the department shall have and exercise regulatory and police power over railroad companies in this state insofar as such power has not been preempted by federal law or regulation. (2) The department may promulgate and enforce rules […]
Section 462.133 – Records to Be Kept by Department.
462.133 Records to be kept by department. Sec. 133. The department shall keep a record of all its findings, decisions, determinations, and investigations under this act. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.137 – Reports to Be Furnished to Department.
462.137 Reports to be furnished to department. Sec. 137. Railroads shall furnish to the department copies of Michigan train-vehicle accident reports filed with the federal railroad administration. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.153 – Orders; Oaths; Official Acts; Subpoenas; Witnesses; Production of Documents; Contempt; Witness Fees and Mileage; Depositions; Record of Proceedings; Copy of Transcript.
462.153 Orders; oaths; official acts; subpoenas; witnesses; production of documents; contempt; witness fees and mileage; depositions; record of proceedings; copy of transcript. Sec. 153. (1) The department, for the purposes mentioned in this act, may issue orders, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production […]
Section 462.155 – Rescission, Alteration, or Amendment of Order.
462.155 Rescission, alteration, or amendment of order. Sec. 155. The department, at any time upon application of a person and upon at least 10 days’ notice to the parties interested, and after opportunity to be heard, may rescind, alter, or amend any order issued by the department. Certified copies shall be served and take effect […]
Section 462.157 – Orders, Regulations, Practices, and Services; Effect.
462.157 Orders, regulations, practices, and services; effect. Sec. 157. All orders, lawfully promulgated regulations, practices, and services prescribed by the department shall be in force and shall be prima facie lawful and reasonable until finally found otherwise in an action brought for the purpose pursuant to the appeal provisions of this act, or until changed […]
Section 462.159 – Rehearing.
462.159 Rehearing. Sec. 159. The department may grant a rehearing and alter, amend, or modify its previous findings and orders. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.161 – Review of Order; Time for Bringing Action.
462.161 Review of order; time for bringing action. Sec. 161. The time allowed by law for bringing an action to review any order of the department, shall continue after the order denying a rehearing or made upon a rehearing, for the same number of days now provided by law for review of the order upon […]
Section 462.171 – Action to Vacate or Set Aside Order; Issuance of Injunction to Stay or Suspend Order; Different or Additional Evidence; Appeal; Burden of Proof.
462.171 Action to vacate or set aside order; issuance of injunction to stay or suspend order; different or additional evidence; appeal; burden of proof. Sec. 171. (1) Any railroad or other party in interest, being dissatisfied with any order of the department may within 30 days after the issuance of the order commence an action […]
Section 462.173 – Service of Process; Practice and Rules of Evidence; Execution of Process; Certified Copies of Orders.
462.173 Service of process; practice and rules of evidence; execution of process; certified copies of orders. Sec. 173. (1) In all actions and proceedings in court arising under this act process shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise provided in this […]
Section 462.175 – Authority of Department to Obtain Information.
462.175 Authority of department to obtain information. Sec. 175. The department may obtain from any party all necessary information to enable it to perform the duties and carry out the requirements set forth in this act. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Section 462.201 – Corporation; Formation; Purpose; Articles of Association; Filing; Powers of Subscribers; Increasing or Decreasing Number of Directors; Resolution.
462.201 Corporation; formation; purpose; articles of association; filing; powers of subscribers; increasing or decreasing number of directors; resolution. Sec. 201. (1) One or more persons may form a corporation for the purpose of constructing, operating, and maintaining a railroad, railroad bridge, or railroad tunnel by subscribing articles of association, in which shall be set forth […]
Section 462.203 – Stock Certificate; Signature; Seal.
462.203 Stock certificate; signature; seal. Sec. 203. The stock of every corporation, incorporated under this act, shall be represented by certificates signed by the president or vice-president, and the secretary or an assistant secretary, or the treasurer or an assistant treasurer. The certificate shall be sealed with the seal of the corporation. When a certificate […]
Section 462.205 – Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.
462.205 Applicability of MCL 450.1101 to 450.2098 to railroad corporations. Sec. 205. The business corporation act, Act No. 284 of the Public Acts of 1972, being sections 450.1101 to 450.2098 of the Michigan Compiled Laws, shall apply to railroad corporations incorporated under this act or a former act repealed by this act, unless otherwise provided […]
Section 462.207 – Records of Corporations Formed Under Former Acts; Duration, Rights, and Limitations of Existing Corporations.
462.207 Records of corporations formed under former acts; duration, rights, and limitations of existing corporations. Sec. 207. (1) Within 30 days after the effective date of this act, the department, the secretary of state, or any other agency having records of corporations formed under former acts repealed by this act shall certify and send to […]