Michigan Compiled Laws

Mich. Comp. Laws § 462.391 (2026)

Obstruction of vehicular traffic; offenses as separate violations; penalty; allocation of fines.

✓ current as of July 2026

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RAILROAD CODE OF 1993

Act 354 of 1993

462.391 Obstruction of vehicular traffic; offenses as separate violations; penalty; allocation of fines.

Sec. 391.

(1) A railroad shall not permit a train to obstruct vehicular traffic on a public street or highway for longer than 5 minutes at any 1 time, except the obstruction shall not be considered a violation under the following circumstances:

(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.

(b) If the railroad can show that the incident occurred as a result of a verifiable accident, mechanical failure, or unsafe condition.

(2) A railroad shall not permit successive train movements to obstruct vehicular traffic on a public street or highway until all vehicular traffic previously delayed by such train movements has been cleared.

(3) A railroad company shall not permit its employees to allow the activation of active traffic control devices at a railroad grade crossing for more than 2 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 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 more than $1,000.00 and the costs of prosecution.

(5) All fines civil or otherwise collected by a local unit of government in excess of $10,000.00 annually from the enforcement of a local ordinance substantially similar to this section shall be allocated as follows:

(a) Fifteen percent shall be retained by each local unit of government for costs of enforcement of the ordinance.

(b) Eighty-five percent shall be deposited in a railroad grade crossing safety fund. The revenue collected in this fund shall be used solely for railroad grade crossing safety projects in these local units of government.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994

Notes of Decisions

Cited in 4 cases, 2000–2011 · leading case: CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000).

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CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000). · cites it 7× “Mich. Comp. Laws Ann. § 462.391 (“state statute” or “statute”).”

Csx Transp., Inc. v. City of Plymouth, Jennifer M. Granholm, Attorney Gen. of the State of Michigan, 283 F.3d 812 (6th Cir. 2002). “Mich. Comp. Laws Ann. § 462.391 (l)(a)-(b).”

Driesen v. Iowa, Chicago & E. Rr Corp., 777 F. Supp. 2d 1143 (N.D. Iowa 2011). “Mich. Comp. Laws Ann. § 462.391 . See also Plymouth, 86 F.”

Vill. of Mundelein v. Wisconsin Cent. R.R., 855 N.E.2d 230 (Ill. App. Ct. 2006). “3d at 817 , citing Mich. Comp. Laws Ann. §462.391 . The district court had determined that, by limiting the amount of time a moving train could block a grade crossing, the Michigan statute was effectively regulating a train’s speed, length, and performance of air brake testing.”

— Mich. Comp. Laws § 462.391(l)(a) — 1 case

CSX Transp., Inc. v. City of Plymouth, 92 F. Supp. 2d 643 (E.D. Mich. 2000). “Mich. Comp. Laws Ann. § 462.391 (“state statute” or “statute”).”

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