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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: 1
(a) "Class I carrier", "class II carrier", and "class III 2
carrier" mean those terms as defined in 49 CFR part 1201. 3
(b) "Defect" includes hot wheel bearings, hot wheels, 4
defective bearings that are detected through acoustics, dragging 5
equipment, excessive height or weight, shifted loads, low hoses, 6
May 13, 2026, Introduced by Senators GEISS, BAYER, POLEHANKI, MCCANN and CHANG
and referred to Committee on Transportation and Infrastructure.
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rail temperature, and wheel condition. 1
(c) "Office" means the office of rail in the state 2
transportation department. 3
(d) "Wayside detector system" means an electronic device or a 4
series of connected devices that scan passing trains, rolling 5
stock, on-track equipment, and component equipment and parts for 6
defects. 7
Sec. 281. (1) The office shall work with each railroad that 8
does business in this state to ensure that wayside detector systems 9
are installed and are operating along railroad tracks on which the 10
railroad operates and to ensure that the railroad and wayside 11
detector systems meet all of following standards: 12
(a) Each wayside detector system is properly installed, 13
maintained, repaired, and operational in accordance with sections 14
282 to 284 and the latest guidelines issued by the United States 15
Department of Transportation, the Federal Railroad Administration, 16
and the Association of American Railroads. 17
(b) An expired, nonworking, or outdated wayside detector 18
system or component part of a wayside detector system is promptly 19
removed and replaced with a new part or an entirely new system that 20
reflects the current best practices and standards of the industry. 21
(c) The distance between each wayside detector system is 22
appropriate when accounting for the requirements of sections 282 to 23
284, the natural terrain surrounding the railroad track on which 24
the railroad operates, and the safety of the trains, rolling stock, 25
on-track equipment, operators, passengers, and the individuals and 26
property in the vicinity of the railroad track so that if defects 27
are detected there is sufficient time to do all of the following: 28
(i) Respond to the alerts given by the wayside detector system. 29
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(ii) Stop the train, rolling stock, or on-track equipment, if 1
necessary. 2
(iii) Make all necessary repairs or, if repair is impossible at 3
the location, remove the component parts or equipment that has a 4
defect. 5
(d) The railroad has defined, written standards and training 6
for its employees pertaining to wayside detector system defect 7
alerts, the course of action that employees are required to take to 8
respond to an alert, and appropriate monitoring and responses by 9
the company if employees fail to take the required course of 10
action. 11
(2) If a railroad refuses to work or otherwise cooperate with 12
the office in good faith under this section, the office shall 13
investigate that railroad's safety practices and standards in 14
accordance with 49 CFR part 212. The office shall determine whether 15
the company appears to be in compliance with federal railroad 16
safety laws in accordance with 49 CFR part 209. 17
(3) If a railroad does not appear to be in compliance with the 18
applicable federal standards based on an investigation conducted 19
under subsection (2), not later than 60 days after the conclusion 20
of the investigation, the office shall make a report to the Federal 21
Railroad Administration detailing the results of the investigation 22
and recommend that the Federal Railroad Administration take 23
appropriate enforcement actions against the railroad for the safety 24
violations discovered through that investigation. The office shall 25
send a copy of the report to the governor, the senate majority 26
leader, the speaker of the house of representatives, and the 27
minority leaders of both the senate and the house of 28
representatives. 29
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Sec. 282. (1) Except as otherwise provided in this section, 1
any person responsible for installing a wayside detector system 2
alongside or on a railroad track shall ensure that each wayside 3
detector system is located at the following distance along the 4
track from the nearest wayside detector system: 5
(a) For a class I carrier railroad or class II carrier 6
railroad, not more than 10 miles. 7
(b) For a class III carrier railroad, not more than 35 miles. 8
(2) If the natural terrain or any other reason does not allow 9
for the placement of a wayside detector system in compliance with 10
subsection (1)(a) or (b), the wayside detector system may be 11
located not more than an additional 5 miles from the nearest 12
wayside detector system than the maximum distance allowed under 13
subsection (1)(a) or (b). 14
(3) A class II carrier railroad or class III carrier railroad 15
must, before installing a wayside detector system further than the 16
maximum distance allowed under subsection (1)(a) or (b), submit to 17
the office a written explanation for the deviation. 18
Sec. 283. If a wayside detector system detects a defect in a 19
passing train, rolling stock, on-track equipment, or its component 20
equipment and parts, and if the message regarding the defect is not 21
immediately sent to the operator of that train, rolling stock, or 22
on-track equipment, the person that receives the message shall 23
immediately notify the operator of the defect. 24
Sec. 284. Sections 280 to 283 do not apply to a railroad track 25
owned or leased by a class II carrier railroad or class III carrier 26
railroad that has a speed limit of 10 miles per hour or less. 27
Sec. 285. (1) By not later than December 31, 2028, the office 28
shall complete a report on train derailments in this state using 29
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statistics from the Federal Railroad Administration to identify 1
derailments due to bearing or axle failure that occurred during the 2
3 years preceding the effective date of the amendatory act that 3
added this section. 4
(2) The office shall send a copy of the report to the 5
governor, the senate majority leader, the speaker of the house of 6
representatives, and the minority leaders of both the senate and 7
the house of representatives. 8