Michigan Compiled Laws
Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451)
Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.

Sec. 361.
(1) A person who operates a locomotive engine upon the railroad tracks of this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood if:
(a) The person is arrested for a violation of section 353 or a local ordinance substantially corresponding to section 353(1) or (2).
(b) The person is arrested for murder or manslaughter resulting from the operation of a locomotive engine, and the peace officer had probable cause to believe that the person was operating the locomotive engine while impaired by or under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or while having a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) The chemical tests shall be administered as provided in section 359.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658, Eff. Apr. 1, 2003

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 462 - Railroads

Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451)

Section 462.101 - Short Title.

Section 462.103 - Meanings of Words and Phrases.

Section 462.105 - Definitions; a to G.

Section 462.107 - Definitions; H to P.

Section 462.109 - Definitions; R to W.

Section 462.131 - Regulatory and Police Power of Department; Rules.

Section 462.133 - Records to Be Kept by Department.

Section 462.137 - Reports to Be Furnished to Department.

Section 462.153 - Orders; Oaths; Official Acts; Subpoenas; Witnesses; Production of Documents; Contempt; Witness Fees and Mileage; Depositions; Record of Proceedings; Copy of Transcript.

Section 462.155 - Rescission, Alteration, or Amendment of Order.

Section 462.157 - Orders, Regulations, Practices, and Services; Effect.

Section 462.159 - Rehearing.

Section 462.161 - Review of Order; Time for Bringing Action.

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.

Section 462.173 - Service of Process; Practice and Rules of Evidence; Execution of Process; Certified Copies of Orders.

Section 462.175 - Authority of Department to Obtain Information.

Section 462.201 - Corporation; Formation; Purpose; Articles of Association; Filing; Powers of Subscribers; Increasing or Decreasing Number of Directors; Resolution.

Section 462.203 - Stock Certificate; Signature; Seal.

Section 462.205 - Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.

Section 462.207 - Records of Corporations Formed Under Former Acts; Duration, Rights, and Limitations of Existing Corporations.

Section 462.211 - Board of Directors; Corporate Powers; Stockholders Entitled to Vote for Directors; Election of President; Powers of Board of Directors Generally; Voting by Stockholders; Quorum; Vacancy.

Section 462.213 - Articles of Association; Alteration and Amendment; Signature; Certification; Filing; Effect; Recording; Powers of Railroad Company; Copies as Prima Facie Evidence; Public Inspection of Records and Files.

Section 462.215 - Board of Directors; Election; Classification; Terms; Meetings; Notice; Removal of Directors or Officers; Rules, Regulations, and Directions; Stockholder Vote by Proxy; Adjournment of Meeting.

Section 462.217 - Annual Meeting; Statement of Affairs.

Section 462.219 - Subscribers to Capital Stock; Payment in Installments; Forfeiture of Stock for Neglect or Refusal to Pay.

Section 462.221 - Stock as Personal Estate; Transfer.

Section 462.223 - Railroad Company; Liabilities and Restrictions.

Section 462.225 - Ownership and Operation of Steamboats, Barges, or Vessels; Conditions.

Section 462.227 - Ownership and Operation of Steamboats, Barges, or Vessels; Number; Restrictions.

Section 462.229 - Automobile Buses or Motor Vehicles and Trailers; Ownership and Operation; Purpose; Aerial Transportation; Powers of Railroad Company.

Section 462.231 - Railroad Company; Organizing and Holding Interest in Subsidiary Corporation; Disposition of Capital Stock of Other Corporations; Rights, Powers, and Privileges of Ownership.

Section 462.233 - Cutting Dangerous Trees.

Section 462.235 - Land Held by Foreign Company; Transfer of Title.

Section 462.241 - Acquisition of Property in Manner Prescribed by MCL 213.51 to 213.77; Exception.

Section 462.243 - Purchase of Land Belonging to State, City, Village, County, or Township.

Section 462.245 - Construction of Bridges or Tunnels; Acquisition of Right-of-Way; Issuance and Sale of Bonds; Rights of Railroad Bridge and Railroad Tunnel Companies.

Section 462.247 - Negotiation by Railroad Bridge or Tunnel Company With Railroad Company; Purpose.

Section 462.249 - Use of Road and Bridge or Tunnel; Compensation Charged by Railroad Bridge or Tunnel Company; Terms.

Section 462.250 - Acquisition of Right-of-Way by Railroad Company; Amount Offered for Damages; Eligibility of Owners to Recover or Collect Costs.

Section 462.251 - Removal of Person From Train by Conductor or Employee.

Section 462.253 - Person Using Abusive, Profane, or Indecent Language or Exhibiting Violent Conduct; Powers of Conductor.

Section 462.255 - Conduct as Misdemeanor; Penalty; Powers of Conductor or Freight Agent; Duties of Police Officer; Jurisdiction of Court.

Section 462.257 - Conduct as Felony or Misdemeanor; Penalties.

Section 462.259 - Liability of Railroad Company for Loss or Damage by Fire.

Section 462.261 - Liability of Railroad Company for Death or Injury to Passenger.

Section 462.263 - Transportation of Railroad Employees; Vehicles.

Section 462.265 - Stringing Wire Over and Across Railway Right-of-Way; Procedures; Construction of Aerial Crossings; Dispute Between Parties; Order.

Section 462.267 - Light or Banner Attached to Switch or Derailing Device; Prohibited Conduct; Violation as Misdemeanor; Penalty.

Section 462.271 - Offer to Sell Certain Property; Contents of Offer; Disagreement as to Price or Other Terms; Application to State Tax Commission to Resolve Disagreement; Hearing; Decision and Order; Determination of Fair Market Value; Appraisals; Ap...

Section 462.273 - Walking, Riding, Driving, or Being Upon or Along Right-of-Way or Yard; Permission Required; “Right-of-Way” Defined; Being Upon, Entering, or Damaging Buildings, Rolling Stock, or Equipment; Applicability of Section; Violation as Mis...

Section 462.301 - Grade Crossings; Diagnostic Study Team Review; Notice; Decision; Order; Consensus During Review Not Reached; Cost of Necessary Changes; Funding Sources; Administration and Expenditure of Funds; Notice of Corrective Action.

Section 462.303 - Traffic Control Devices; Determination and Order by Department.

Section 462.305 - Order of Department.

Section 462.307 - Construction; Approval Required; Investigation of Proposed Crossing Location; Changing Location or Abolishing Existing Public Grade Crossing; Hearing; Order; Action Against Department to Vacate or Set Aside Order; Construction Acros...

Section 462.309 - Maintenance, Renewal, and Repair of Roadbeds, Tracks, Culverts, and Certain Streets or Sidewalks.

Section 462.310 - Culverts.

Section 462.311 - Passive Traffic Control Devices; Street Lighting.

Section 462.313 - National Inventory Signs.

Section 462.315 - Active Traffic Control Devices; Maintenance Payments.

Section 462.317 - Clear Vision Areas; Expenditure of Funds Relating to High Speed Rail Corridor.

Section 462.318 - Whistle Post; Erection and Maintenance as Notice to Engineer of Approach to Public Crossing.

Section 462.319 - New Construction, Partial Reconstruction, Alteration, or Removal of Grade Separation.

Section 462.321 - Acquisition of Property Rights by Condemnation.

Section 462.323 - Farm Crossings; Other Private Crossings.

Section 462.325 - Fencing in Agricultural Areas; Other Areas.

Section 462.327 - Bridges Carrying Railroad Traffic; Inspection; Applicability of Section and MCL 462.331 to 462.335.

Section 462.331 - Bridge Carrying Railroad Traffic; Qualifications of Inspector; Affidavit; Performance and Recording of Inspections; Report; Reinspection and Order by Department.

Section 462.333 - Unsafe Bridge; Prohibited Conduct.

Section 462.335 - Unsafe Bridge; Penalties for Certain Conduct.

Section 462.337 - Applicability of Act.

Section 462.339 - Construction, Erection, Placement, and Maintenance of a Bridge, Structure, Pole, or Other Obstruction or Loading or Unloading Device; Compliance With Clear Spaces; Exceptions; Application; Warning Signs; Required Distance for Constr...

Section 462.351 - “Operator” and “Operate” Defined.

Section 462.353 - Locomotive Engine; Operation by Person Under Influence of Alcoholic Liquor or Controlled Substance.

Section 462.355 - Repealed. 2002, Act 658, Eff. Apr. 1, 2003.

Section 462.357 - Locomotive Engine; Authorization or Knowledge of Operation by Person Under Influence of Alcoholic Liquor or Controlled Substance.

Section 462.359 - Chemical Test and Analysis of Operator's Blood, Urine, or Breath.

Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.

Section 462.363 - Refusal to Submit to Chemical Test; Report.

Section 462.365 - Report of Certain Convictions; Form.

Section 462.367 - Railroad Police Officer; Appointment; Commission; Eligibility; Duration of Commission; Employment Before Certain Date.

Section 462.369 - Railroad Police Officer Applicant; Cost of Training.

Section 462.371 - Railroad Police Officer; Application Fee; Identification.

Section 462.373 - Railroad Police Officer; Notice of Appointment.

Section 462.375 - Railroad Police Officer; Oath.

Section 462.377 - Railroad Police Officer; Duties and Powers.

Section 462.379 - Keepers of Jails, Lockups, and Station Houses.

Section 462.381 - Railroad Police Officer; Wearing and Receiving Badge.

Section 462.383 - Railroad Police Officer; Surety Bond.

Section 462.385 - Railroad Police Officer; Delivery of Commission; Identification Card; Roster.

Section 462.387 - Railroad Police Officer; Compensation.

Section 462.389 - Railroad Police Officer; Termination.

Section 462.390 - Conductor or Flagperson; Requirements for Employment; Applicability of Section; Substantial Compliance; Enforcement.

Section 462.391 - Obstruction of Vehicular Traffic; Offenses as Separate Violations; Penalty; Allocation of Fines.

Section 462.400 - Employee Sanitation and Shelter Facilities; Rules; Compliance With Section.

Section 462.402 - Definitions; Unreasonable Endangerment of Employee; Complaint by Employee or Union; Inspection by Department; Notice; Order; Hearing; Appeal; Enforcement.

Section 462.431 - Liens; Effect.

Section 462.441 - Administration of Act; Investigation of Complaints; Violation or Noncompliance; Penalty; Inspections; Hearing; Action to Recover Penalties; Enforcement; Remedies.

Section 462.450 - Applicability of Act to Street Railway Organized Under MCL 472.1 to 472.31.

Section 462.451 - Repeal of Certain Acts and Parts of Acts.