“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 driver can do so safely:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or other on-track equipment.
(b) A crossing gate is lowered or a flagman gives or continues to give a signal of the approach or passage of a railroad train or other on-track equipment.
(c) A railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing gives a signal audible from that distance, and the railroad train or on-track equipment by reason of its speed or nearness to the crossing is an immediate hazard.
(d) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to the crossing.” MCL 257.667(1).1
“A person shall not drive a vehicle through, around, or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed or against the direction of a police officer.” MCL 257.667(2).
Certain grade crossings may be designated as “stop” crossings and “yield” crossings; if so designated, appropriate signs are to be erected to notify drivers. A driver’s duties depend on the designation. MCL 257.668.
Stop crossings—“[T]he driver of a vehicle shall stop not more than 50 feet but not less than 15 feet from the railway tracks. The driver shall then traverse the crossing when it may be done in safety.” MCL 257.668(1).
Yield crossings—“Drivers of vehicles approaching a yield sign at the grade crossing of a railway shall maintain a reasonable speed based upon existing conditions and shall yield the right-of-way.” MCL 257.668(2).
A person who violates either MCL 257.667 or MCL 257.668 is responsible for a civil infraction. MCL 257.667(3); MCL 257.668(4).
The general rules for assessing a civil fine and costs apply to railroad crossing violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.20 for more information on abstracting procedures.
•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual , or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.
•Three points are assessed for “[d]isobeying a traffic signal or stop sign . . . .” MCL 257.320a(1)(r). See Section 1.42 for more information on points.
•Two points are assessed for “[a]ll other moving violations pertaining to the operation of motor vehicle reports under [MCL 257.320a.]” MCL 257.320a(1)(u). Section 1.42 for more information on points.
1 MCL 257.1857 addresses railroad crossing requirement for school buses. However, that provision is outside the scope of this benchbook.