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Michigan Statutes, Title 462

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Michigan/Statutes

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Title 462, RAILROADS

4 chapters · 150 sections in this title.

All chapters in Title 462150 Ch 354-of-1993, RAILROAD CODE OF 199398 Ch 300-of-1909, RAILROADS50 Ch 191-of-1979, INTERSTATE AGREEMENT ON HIGH SPEED I…1 Ch 230-of-1988, TRI-STATE HIGH SPEED RAIL LINE COMPACT1

50 sections·Filtered byTitle 462✕Ch 300-of-1909✕

Mich. Comp. Laws § 462.10 Schedule of rates; filing with commission; public inspection; rate change; joint tariff; form of schedules; filing and publication of rates required; complaints; military traffic.
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Sec. 10. (a) Every common carrier subject to the provisions of this act shall file with the commission created by this act and print and keep open to public inspection in each of its depots and offices, schedules showing all rates, fares and charges for transportation, both of pa…
Mich. Comp. Laws § 462.11 Special contract rates.
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Sec. 11. Nothing in this act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open to all shippers for a like kind of traffic under similar circumstances and conditions, and shall be subject to the provi…
Mich. Comp. Laws § 462.12 Freight classification.
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Sec. 12. The classification of freight in this state shall be uniform on all railroads.
Mich. Comp. Laws § 462.13 Maintenance of depot facilities; joint maintenance by connecting railroads; discontinuance of passenger service; approval of commission; appeal of order of commission.
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Sec. 13. (a) Every railroad, unless excused therefrom by the order of the commission made after petition and hearing, shall provide and maintain adequate depots and depot buildings, including facilities for checking baggage and the sale of tickets at its regular stations and at s…

Mich. Comp. Laws § 462.14 Sidetracks, spurs and branches; control by commission; abandonment or removal, procedure.

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Sec. 14. The commission shall have control and jurisdiction over all sidetracks, spurs and branches insofar as the same are used or operated by common carriers. No change or discontinuance in the service from, to or on such sidetracks, spurs and branches or abandonment or removal…

Mich. Comp. Laws § 462.15 Continuous carriage of freight; unlawful acts.

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Sec. 15. It shall be unlawful for any common carrier to enter into any combination, contract or agreement, express or implied, to prevent by change of time, schedule, carriage in different cars, or by other means or devices, the carriage of freight from being continuous from the …

Mich. Comp. Laws § 462.16 Rate discrimination unlawful; compensation for incidental service.

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Sec. 16. If any common carrier or any agent or officer thereof shall, directly or indirectly, by any special rate, rebate, drawback, or by any means of false billing, false classification, false weighing, or by any other device whatsoever, charge, demand, collect or receive from …

Mich. Comp. Laws § 462.17 Traffic discrimination unlawful.

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Sec. 17. It shall be unlawful for any common carrier, subject to the provisions of this act, to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality or any particular description of traffic in any respect …

Mich. Comp. Laws § 462.18 Receiving rebate or discrimination; penalty.

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Sec. 18. It shall be unlawful for any person, firm or corporation knowingly to accept or to receive any rebate concession or discrimination in respect to transportation of any property wholly in this state or for any service in connection therewith, whereby any such property shal…

Mich. Comp. Laws § 462.19 Civil liability.

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Sec. 19. If any common carrier shall do, or cause to be done, or permit to be done, any matter, act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, or by any lawful order made under the provisions…

Mich. Comp. Laws § 462.2 Michigan railroad commission; qualifications and duties of commissioners; removal; pecuniary interest prohibited; oath; compensation and expenses; chairperson; meetings; quorum; vacancy; investigations, inquiries, and hearings; employees and appointments; offices; rules; conferences.

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Sec. 2. (1) The commissioners shall have the following qualifications: One shall be an attorney having knowledge of and experience in law relating to common carriers; the others shall have knowledge of traffic and transportation matters. Each of the commissioners shall devote to …

Mich. Comp. Laws § 462.20 Failure to report unlawful.

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Sec. 20. It shall be unlawful for any officer, agent or employe of any common carrier to willfully fail or refuse to fill out and return any blank or make any report as required by this act, or to willfully fail or refuse to answer any questions therein propounded, or to knowingl…

Mich. Comp. Laws § 462.21 Fees; disposition.

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Sec. 21. The commission shall charge and collect the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the commission, 10 cents for each folio; for certified copies of official documents and orders filed in its office, 15 …

Mich. Comp. Laws § 462.22 Rate investigation on complaint; hearing, order for change in schedules; separate hearings; dismissal; rate investigation on motion of commission; order; complaint by common carrier; through rates; joint rates.

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Sec. 22. (a) Upon complaint in writing of any person, firm or corporation or association, or of any mercantile, agricultural or manufacturing society, or of any body politic or municipal organization, that any of the rates, fares, charges or classifications, or any joint rate or …

Mich. Comp. Laws § 462.23 Commissioners; powers; issuance of subpoena by court; witness fees; depositions; record of proceedings.

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Sec. 23. (a) Each of the commissioners, for the purposes mentioned in this act, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses and the production of papers, way bills, books, accounts, documents and testimony. I…

Mich. Comp. Laws § 462.24 Orders of commission; rescission or amendment.

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Sec. 24. The commission may, at any time upon application of any person or any common carrier, and upon at least 10 days' notice to the parties interested, including the common carrier, and after opportunity to be heard as provided in section 22, rescind, alter or amend any order…

Mich. Comp. Laws § 462.25 Rates; classification and regulations prescribed by commission to be prima facie lawful; express companies.

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Sec. 25. All rates, fares, charges, classification and joint rates fixed by the commission and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie, lawful and reasonable until finally found otherwise in an action brought…

Mich. Comp. Laws § 462.26 Appeal to court of appeals; injunction; equitable powers; preliminary injunction; additional evidence; judgment on amended order or original order; appeal to circuit court; burden of proof.

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Sec. 26. (1) Except as otherwise provided in section 7 of Act No. 299 of the Public Acts of 1972, being section 460.117 of the Michigan Compiled Laws, section 5 of Act No. 246 of the Public Acts of 1921, being section 460.205 of the Michigan Compiled Laws, section 12 of Act No. 1…

Mich. Comp. Laws § 462.27 Process; practice and evidence; incriminating testimony; perjury; immunity; orders as evidence.

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Sec. 27. (a) In all actions and proceedings in court arising under this act all such process shall be served and the practice and rules of evidence shall be the same as in actions in equity, except as otherwise herein provided. Every sheriff or other officer empowered to execute …

Mich. Comp. Laws § 462.28 Common carriers; authority of commission; blanks; inspection; order to produce books; penalty.

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Sec. 28. (a) The commission shall have authority to inquire into the management of the business of any common carrier and shall keep itself informed as to the manner and shall have the right to obtain from any common carrier all necessary information to enable the commission to p…

Mich. Comp. Laws § 462.29 Common carriers; contracts and free transportation lists; annual free transportation list.

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Sec. 29. (a) Every common carrier whenever required by the commission shall, within a time to be fixed by the commission, deliver to the commission for its use, copies of all contracts which relate to the transportation of persons or property or any service in connection therewit…

Mich. Comp. Laws § 462.2a Applicability of act.

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Sec. 2a. This act does not apply to a railroad or a railroad, bridge, or tunnel company regulated by the railroad code of 1993, Act No. 354 of the Public Acts of 1993, being sections 462.101 to 462.451 of the Michigan Compiled Laws. In case of a conflict between this act and Act …

Mich. Comp. Laws § 462.3 Definitions; scope.

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Sec. 3. (a) The term "common carrier" as used in this act shall be construed to mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever who now or may hereafter own, operate, ma…

Mich. Comp. Laws § 462.30 Common carriers; annual statement, contents, time; blanks; additional information; earnings and income, report.

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Sec. 30. Every common carrier doing business in this state, or which shall hereafter do business in this state, and every person, firm or corporation owning property in this state which is used for common carrier purposes, shall on or before the first day of May, 1918, and on or …

Mich. Comp. Laws § 462.31 Freight tariffs; filing.

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Sec. 31. Any freight tariffs issued by common carriers relating to interstate traffic in this state or by any common carrier relating either to interstate or to intrastate traffic wholly by water routes in this state shall be on order of the commission filed in the offices of the…

Mich. Comp. Laws § 462.32 Unreasonable rate or practice; regulation by commission.

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Sec. 32. Whenever, after hearing and investigation as provided in this act, the commission shall find that any charge, regulation or practice affecting the transportation of passengers or property, or any service in connection therewith not herein specifically designated, is unre…

Mich. Comp. Laws § 462.33 Accidents; report; investigation, expense.

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Sec. 33. Every common carrier shall, whenever an accident occurs within this state upon its line or road or on its depot grounds or yards, give such notice thereof and make such report thereof to the commission as the regulations of the commission shall require. In the event of a…

Mich. Comp. Laws § 462.34 Equipment and structures; inspection; notice of repairs; orders as to rate of speed and use of defective equipment; penalties, forfeitures.

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Sec. 34. Whenever the commission shall have reasonable grounds to believe, either on complaint or otherwise, that any of the equipment, cars, tracks, bridges or other structures of any common carrier of this state are in a condition which renders any of them dangerous or unfit fo…

Mich. Comp. Laws § 462.35 Rules regarding maximum speed limits; order; effective date of speed limit.

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Sec. 35. (1) The state transportation department shall promulgate rules establishing the standards by which the director of the department shall determine maximum speed limits for railroad locomotives when used in passenger train operations and for passenger railroad trains. The …

Mich. Comp. Laws § 462.36 Equipment and structures; authority of commission.

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Sec. 36. Authority is hereby given to the said commission, and it shall be its duty, if it shall deem it advisable, to prescribe the use of such modern generally approved system of protection for the safe operation of trains or cars at all crossings and junctions of railroads in …

Mich. Comp. Laws § 462.37 Equipment and structures; hearing prior to order.

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Sec. 37. No order of the commission, made in pursuance of the provisions of sections 35 and 36 shall be made except upon examination, at which representatives of the common carriers affected shall be entitled to be heard, after notice.

Mich. Comp. Laws § 462.38 Equipment and structures; refusal to obey order; penalty.

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Sec. 38. Any common carrier that shall willfully neglect or refuse to obey or conform to any order of the commission made pursuant to either of sections 35 or 36 shall be liable to a penalty in the sum of 500 dollars, and to a like penalty for every week thereafter until such ord…

Mich. Comp. Laws § 462.39 Fences; inspection, construction.

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Sec. 39. The railroad commission shall have power, and it shall be its duty, if it shall deem it practicable, in all cases to inspect and determine the sufficiency of all fences required by law to be constructed and maintained by railroad companies, and it may prescribe the manne…

Mich. Comp. Laws § 462.4 Common carrier; duty to serve; rates; through routes; rates; joint rates.

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Sec. 4. (a) Every common carrier is hereby required to furnish reasonably adequate service and facilities and shall provide and furnish transportation of passengers and property upon reasonable requests therefor, and all charges made for any service in connection therewith, or fo…

Mich. Comp. Laws § 462.40 Bill of lading; liability of carrier; statements of charges.

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Sec. 40. Whenever any property is received by any common carrier subject to the provisions of this act to be transported from 1 place to another in the state, it shall upon demand by the shipper issue a receipt or bill of lading therefor, naming therein the classification of such…

Mich. Comp. Laws § 462.41 Violations; investigation; enforcement of act.

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Sec. 41. This commission shall inquire into any neglect or violation of the laws of this state by any such common carrier hereinbefore defined doing business therein, or by its officers, agents or employes thereof, and shall have the power and it shall be its duty to enforce the …

Mich. Comp. Laws § 462.42 Investigation of claims.

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Sec. 42. All claims against any common carrier for loss or damage to property from any cause, or for over-charge upon any shipments, or for any other service, if not acted upon within 90 days from the date of filing of such claim with the common carrier may be investigated by the…

Mich. Comp. Laws § 462.43 Liability for violations; penalty.

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Sec. 43. Any common carrier subject to the operation of this act, or whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent or person employed by such corporation, who alone or with any other corporation, company, p…

Mich. Comp. Laws § 462.44 Police powers vested in commission.

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Sec. 44. The police powers of the state over railroads, street railways, interurban railways and suburban street railways, whether operated by steam, electricity or other motive power, organized or doing business in this state, shall be and the same are hereby vested in the railr…

Mich. Comp. Laws § 462.45 Substantial compliance.

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Sec. 45. A substantial compliance with the requirements of this act shall be sufficient to give effect to all rules, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto.

Mich. Comp. Laws § 462.46 Rights of action; penalties cumulative.

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Sec. 46. This act shall not have the effect to release or waive any right of action by the state or by any person for any right, damage, penalty or forfeiture which may have arisen or which may hereafter arise under any law of this state, and all penalties and forfeitures accruin…

Mich. Comp. Laws § 462.47 Mandamus; injunction; civil remedies.

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Sec. 47. In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions hereof and of all orders of the commission, the commission, and likewise any person, firm or corporation interested, may compel compli…

Mich. Comp. Laws § 462.48 Record of proceedings; report to governor, contents, publication.

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Sec. 48. The commission shall keep a record of all its findings, decisions, determinations and investigations under this act or under any other act prescribing its duties and powers, and shall, on January first of each year, render to the governor a full and complete report of al…

Mich. Comp. Laws § 462.49 Powers, duties and privileges transferred to commission; saving clause.

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Sec. 49. All powers, duties and privileges imposed and conferred under existing laws upon the commissioner of railroads, the railroad and street crossing board, the crossing board as defined by section 6232 of the Compiled Laws of 1897, and the board of railway consolidations as …

Mich. Comp. Laws § 462.5 Free transportation; penalty; freight; tickets.

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Sec. 5. (a) No common carrier, subject to the provisions of this act shall hereafter, directly or indirectly, issue or give any free ticket, free pass, or free transportation for passengers, except to its employes or their families, its officers, agents, surgeons, physicians or a…

Mich. Comp. Laws § 462.50 Legislation; hearing on changes; recommendations.

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Sec. 50. The commission shall conduct a hearing and take testimony as to the advisability of any proposed change of law relative to any matter within its jurisdiction if requested to do so by the legislature, by the senate or house committee on railroads, or by the governor, and …

Mich. Comp. Laws § 462.6 Switch connection with private side track; order of commission; rules; spur track; payment of cost and expenses; disagreement.

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Sec. 6. (a) Any railroad, subject to the provisions of this act, upon application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection with any private side track, when such connection is reasonably p…

Mich. Comp. Laws § 462.7 Interchange of traffic; preferred freight; routing by shippers or initial carrier; steam railroads and interurban and suburban railroads; drawing cars and merchandise of connecting lines; local traffic; intrastate traffic.

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Sec. 7. (a) All railroads subject to the provisions of this act shall afford all reasonable and proper facilities by the establishment of switch connections between one another and the establishment of depots and otherwise for the interchange of traffic between their respective l…

Mich. Comp. Laws § 462.8 Railroads to furnish cars; shortage, preference, regulation by commission; demurrage.

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Sec. 8. Every railroad shall, when within its power so to do, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. Every common carrier shall have sufficient cars a…

Mich. Comp. Laws § 462.9 Charges for longer and shorter hauls; governing rate.

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Sec. 9. It shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater fare or rate for the transportation of passengers or like kinds of property under substantially similar circumstances and conditions for a shorter than a lon…