Missouri Revised Statutes

Chapter 389
Regulation of Railroad Corporations

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Division, transferred to department of transportation.

389.005. Except as otherwise provided in this section and sections 104.805, 226.008, 389.610, and 621.040, all the powers, duties and functions of the division of motor carrier and railroad safety relating to rail transportation activities, including all rules and orders, as provided in this chapter and chapters 388, 391 and 622, are hereby transferred to the department of transportation, which is in the charge of the highways and transportation commission, by type I transfer as set forth in the Omnibus State Reorganization Act of 1974. Except as otherwise provided, all personnel of the division of motor carrier and railroad safety are transferred to the department of transportation by section 226.008, except that the administrative law judge is transferred by section 226.008 to the administrative hearing commission.

(L. 1988 S.B. 676, A.L. 1993 S.B. 52, A.L. 2002 S.B. 1202)

Effective 7-11-02

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Official Missouri railroad, when designated.

389.007. Any railroad which transverses the boundaries of Missouri and is domiciled within Missouri may be designated by the division of tourism as an official Missouri railroad.

(L. 2003 S.B. 529 § 389.1020)

Ejection of passengers, when lawful.

389.060. If any passenger shall refuse to pay his fare, or shall behave in an offensive manner, or be guilty of repeated violations of the rules of the company, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, on stopping the train.

(RSMo 1939 § 5173)

Prior revisions: 1929 § 4708; 1919 § 9898; 1909 § 3093

To deliver and receive freight at crossing of other roads--tomaintain switches--penalty for failure.

389.300. 1. Every railroad corporation organized or doing business under the laws of this state, or by the authority thereof, shall receive and deliver all grain or other freight consigned to its care for transportation at the crossings and junctions of all other railroads, canals and navigable rivers; and shall, at all cities and at all towns along the line of their railroad having a population of two hundred inhabitants or more, construct and maintain switches and freight houses for the receipt and delivery of grain and other freight that may be tendered to such railroad for transportation; and shall stop at least one train daily thereat to receive and unload freight. And whenever in the opinion of the motor carrier and railroad safety division of the department of economic development of this state the amount of business is such as to require the same, such railroad, after due notice from such motor carrier and railroad safety division of the department of economic development to do so, shall maintain a freight agent at such station for the purpose of receiving and delivering freight.

2. Any railroad corporation failing or refusing to comply with the provisions of this section, after thirty days' notice given, shall be adjudged guilty of a misdemeanor and shall be fined in the sum of ten dollars, to be recovered by indictment or information in any court having jurisdiction thereof, and each day that said railroad corporation shall so fail or refuse to comply with the provisions of this section after the expiration of thirty days after such notice, shall constitute a separate offense.

(RSMo 1939 § 5229)

Prior revisions: 1929 § 4772; 1919 § 9960; 1909 § 3158

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Upon failure to furnish cars, shippers may furnish them--penalty forfailure to return.

389.310. 1. Whenever any railroad corporation shall fail, neglect or refuse to furnish, within a reasonable time after demand of a station agent, sufficient cars to supply any party desiring to ship property, then such party shall have the right to furnish cars, which shall be switched and hauled to their destination without unreasonable delay or discrimination in any manner between such cars and cars belonging to the corporation or any other person.

2. Any party furnishing cars as aforesaid shall pay to the railroad corporation a reasonable compensation for the service rendered, and in case an agreement cannot be reached as to such compensation, the motor carrier and railroad safety division of the department of economic development shall fix the same, and when such compensation has been so fixed, it shall be prima facie evidence that the same is reasonable.

3. Any railroad company failing or refusing to transport and return the cars furnished by said party or corporation mentioned in this section, shall pay to the party or corporation aggrieved the sum of five hundred dollars for each and every such offense, together with a reasonable attorney's fee, to be recovered by civil action in any court of competent jurisdiction, and every day of such refusal on the part of any railroad company to transport and return such cars as aforesaid after demand is made, shall be deemed a separate offense.

(RSMo 1939 § 5230)

Prior revisions: 1929 § 4773; 1919 § 9961; 1909 § 3160

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Pooling prohibited.

389.320. It shall be unlawful for any common carrier, subject to the provisions of this chapter, to enter into any contract, agreement or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate net proceeds of the earnings of such railroads, or any portion thereof; and in case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

(RSMo 1939 § 5243)

Prior revisions: 1929 § 4798; 1919 § 9987; 1909 § 3186

Shipments of grain in bulk.

389.540. 1. Every railroad corporation which shall receive any grain in bulk for transportation to any place within the state shall transport and deliver the same to any consignee, elevator, warehouse or place to whom or to which it may be consigned and directed; provided, such person, warehouse or place can be reached by any track owned, leased or used, or which can be used by such corporation; and every such corporation shall permit connections to be made and maintained with its track to and from any and all public warehouses where grain is or may be stored.

2. Any such corporation neglecting or refusing to comply with the requirements of this section shall be liable to all persons injured thereby for all damages which they may sustain on that account, whether such damages result from any depreciation in the value of such property, by such neglect or refusal to deliver such grain as directed, or in loss to the proprietor or manager of any public warehouse to which it is directed to be delivered and costs of suit, including such reasonable attorney's fees as shall be taxed by the court.

3. And in case of any second or later refusal of such railroad corporation to comply with the requirements of this section, such corporation shall be, by the court, in an action on which such failure or refusal shall be found, adjudged to pay, for the use of the people of this state, a sum of not less than one thousand nor more than five thousand dollars, for each and every such failure or refusal, and this may be a part of the judgment of the court in any second or later proceeding against such corporation.

4. In case any railroad corporation shall be found guilty of having violated, failed or omitted to observe and comply with the requirements of this section, or any part thereof, three or more times, it shall be lawful for any person interested to apply to a court of competent jurisdiction, and obtain the appointment of a receiver to take charge of and manage such railroad corporation until all damages, penalties, costs and expenses adjudged against such corporation for any and every violation shall, together with interest, be fully satisfied.

(RSMo 1939 § 5225)

Prior revisions: 1929 § 4768; 1919 § 9956; 1909 § 3153

Consignments to elevators declared temporary.

389.550. All consignments of grain to any elevator or public warehouse shall be held to be temporary, and subject to change by the consignee or consignor, at any time previous to the actual unloading of such property from the cars in which it is transported. Notice of any change in consignment may be served by the consignee on any agent of the railroad corporation having the property in possession, who may be in charge of the business of such corporation at the point where such property is to be delivered; and if, after such notice, and while the same remains uncancelled, such property is delivered in any way different from such altered or changed consignment, such railroad corporation shall, at the election of the consignee or person entitled to control such property, be deemed to have illegally appropriated such property to its own use, and shall be liable to pay the owner or consignee of such property the value of the property, and shall forfeit and pay to the owner or consignee the sum of twenty-five dollars, to be recovered by civil action before any court of competent jurisdiction; and no extra charge shall be permitted by the corporation having the custody of such property in consequence of such change of consignment.

(RSMo 1939 § 5226)

Prior revisions: 1929 § 4769; 1919 § 9957; 1909 § 3154

Time allowed for removing grain from cars.

389.560. Any consignee or person entitled to receive the delivery of grain transported in bulk by any railroad shall have forty-eight hours, free of expense, after actual notice of arrival by the corporation to the consignee, in which to remove the same from the cars of such railroad corporation if he shall desire to receive it from the cars on the track, which forty-eight hours shall be held to embrace such time as the car containing such property is placed and kept by such corporation in a convenient and proper place for unloading. And it shall not be held to have been placed in a proper place for unloading unless it can be reached by the consignee or person entitled to receive it, with teams or other suitable means for removing the property from the car, and reasonably convenient to the depot of such railroad corporation at which it is accustomed to receive and unload merchandise consigned to that station or place. Nothing herein contained, however, shall be held to authorize the changing of any consignment of grain except as to the place at which it is to be delivered or unloaded, nor shall such change of consignment in any degree affect the ownership or control of property in any other way.

(RSMo 1939 § 5227)

Prior revisions: 1929 § 4770; 1919 § 9958; 1909 § 3155

No discrimination allowed in shipping grain--grain to be weighed andshortage made up.

389.570. Every railroad corporation chartered by or organized under the laws of this state, or doing business within the limits of the same, when desired by any person wishing to ship any grain over its road, shall receive and transport such grain, in bulk or otherwise, within a reasonable time, and load the same either upon its track, at its depot, or at any warehouse adjoining its track or sidetrack, without distinction, discrimination or favor between one shipper and another, and without distinction or discrimination as to the manner in which such grain is offered to it for transportation, or as to the person, warehouse or place to whom or to which it may be consigned; and at all stations where scales are required to be kept, at the time such grain is received by it for transportation, such corporation shall carefully and correctly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight, and such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same, except that one-half of one percent shall be allowed for leakage, shrinkage or other loss on bulk grain. In default of such delivery, the corporation so failing to deliver the full amount of such grain shall pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered.

(RSMo 1939 § 5228)

Prior revisions: 1929 § 4771; 1919 § 9959; 1909 § 3156

Permission to erect structures or tract--violation, penalty--divisionmay order track removed from service until in compliance.

389.580. 1. No railway or railroad corporation, county, municipality, township, or other corporation, firm or person shall hereafter erect or cause to be erected any passenger or freight station platforms, or any permanent structure over or contiguous to any railroad track or tracks, switch or siding, such as shop buildings, coalbins, manufacturing and industrial buildings or any other structure whatsoever, without first having secured permission so to do from the division, and it shall be the duty of the division to promulgate uniform rules governing clearances in the construction of such structures as soon after the passage of this law as the same may be reasonably done, except that after the promulgation of uniform rules as aforesaid by the division, it shall not be necessary to procure permission from the division to erect any structure aforesaid that is erected in conformity to such rule.

2. Upon application therefor, the division may authorize the construction of structures at less than the minimum vertical or horizontal clearances required by statute or rule if the division finds that construction at the prescribed clearance would be unreasonable. This subsection shall apply to all structures built over or contiguous to the track of a railroad, including signal lines or wires.

3. Except in cases in which the division finds that such construction is unreasonable, bridges, viaducts, tunnels, overhead roadways, footbridges, wire or other structure hereafter built over the track or tracks of a railroad or railroads by a county, municipality, township, railroad company, or other corporation, firm or person, shall be not less than twenty-two feet in the clear from the top of the rails of such track or tracks, to such wire or other structure or to the bottom of the lowest sill, girder or cross beam, and the lowest downward projection on the bridges, viaduct, tunnel, overhead roadway or footbridge.

4. Except in cases in which the division finds that such construction is unreasonable, no track shall be constructed adjacent to any building or structure, nor shall any signal post, switch stand, building or any other structure be constructed adjacent to any track, which has a horizontal clearance of less than eight feet six inches from the center of the track, measured at right angles thereto, except that the division may after hearing promulgate rules allowing exceptions to such minimum horizontal clearance with reference to docks, bridges, engine terminal and shop structures, engine houses, engine and car repair shops, cinder conveyors, turntables*, working platforms and working structures inside of engine houses and repair shops, platforms for loading and unloading of freight, including livestock and express matter, passenger loading platforms, retainers, guards, structures or materials placed by owners or operators of a railroad while engaged in the construction, maintenance or repair of a railroad track or other structure, adjacent track centers, low switch stands, dwarf signals, automatic train stop wayside inductors, mail cranes, canopies at passenger stations and terminals, third rail conductors, tracks where curvature is six degrees or more, and wire, cable conductors, trolley wires, guards, guys and other apparatus or fixtures used in connection therewith, as the division deems to be reasonable, prudent and consistent with employee and public safety.

5. Any person, corporation or other entity who erects any structure or causes any structure to be erected, or who constructs any track or structure or causes any track or structure to be constructed in violation of any of the provisions of this section or any rule made under this section is subject to a civil penalty or forfeiture of not less than one hundred dollars nor more than two thousand dollars for each offense. The division may recover such a penalty or forfeiture from any such person, corporation or entity under the same terms and conditions as provided in section 389.998.

6. Whenever any structure or track is erected or constructed in violation of any of the provisions of this section or any rule made under this section, the division in addition to any other remedies provided by law may order that any such track shall be removed from service until and unless the structure or track so erected or constructed is removed or reconstructed to conform to the requirements of this section and the rules made under this section.

(RSMo 1939 § 5130, A.L. 1988 S.B. 676)

Prior revision: 1929 § 4657

*Word "turnables" appears in original rolls.

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Railroad crossings construction and maintenance, highways andtransportation commission to have exclusive power toregulate and provide standards--apportionment of cost.

389.610. 1. No public road, highway or street shall be constructed across the track of any railroad corporation, nor shall the track of any railroad corporation be constructed across a public road, highway or street, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade nor shall the track of a street railroad corporation be constructed across the tracks of a railroad corporation at grade, without having first secured the permission of the state highways and transportation commission, except that this subsection shall not apply to the replacement of lawfully existing tracks. The commission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe.

2. Every railroad corporation shall construct and maintain good and sufficient crossings and crosswalks where its railroad crosses public roads, highways, streets or sidewalks now or hereafter to be opened.

3. The state highways and transportation commission shall make and enforce reasonable rules and regulations pertaining to the construction and maintenance of all public grade crossings. These rules and regulations shall establish minimum standards for:

(1) The materials to be used in the crossing surface;

(2) The length and width of the crossing;

(3) The approach grades;

(4) The party or parties responsible for maintenance of the approaches and the crossing surfaces.

4. The state highways and transportation commission shall have the exclusive power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, apportionment of expenses, use and warning devices of each crossing of a public road, street or highway by a railroad or street railroad, and of one railroad or street railroad by another railroad or street railroad. In order to facilitate such determinations, the state highways and transportation commission may adopt pertinent provisions of The Manual on Uniform Traffic Control Devices for Streets and Highways or other national standards.

5. The state highways and transportation commission shall have the exclusive power to alter or abolish any crossing, at grade or otherwise, of a railroad or street railroad by a public road, highway or street whenever the state highways and transportation commission finds that public necessity will not be adversely affected and public safety will be promoted by so altering or abolishing such crossing, and to require, where, in its judgment it would be practicable, a separation of grades at any crossing heretofore or hereafter established, and to prescribe the terms upon which such separation shall be made. When a road authority lawfully closes or vacates a roadway which provided access to a railroad crossing, the state highways and transportation commission shall issue an order authorizing removal of the crossing by the railroad within thirty days of being notified of such action by the roadway authority or railroad.

6. The state highways and transportation commission shall have the exclusive power to prescribe the proportion in which the expense of the construction, installation, alteration or abolition of such crossings, the separation of grades, and the continued maintenance thereof, shall be divided between the railroad, street railroad, and the state, county, municipality or other public authority in interest.

7. Any agreement entered into after October 13, 1963, between a railroad or street railroad and the state, county, municipality or other public authority in interest, as to the apportionment of any cost mentioned in this section shall be final and binding upon the filing with the state highways and transportation commission of an executed copy of such agreement. If such parties are unable to agree upon the apportionment of the cost, the state highways and transportation commission shall apportion the cost among the parties according to the benefits accruing to each. In determining such benefits, the state highways and transportation commission shall consider all relevant factors including volume, speed and type of vehicular traffic, volume, speed and type of train traffic, and advantages to the public and to such railroad or street railroad resulting from the elimination of delays and the reduction of hazard at the crossing.

8. Upon application of any person, firm or corporation, the state highways and transportation commission shall determine if an existing private crossing has become or a proposed private crossing will become utilized by the public to the extent that it is necessary to protect or promote the public safety. The state highways and transportation commission shall consider all relevant factors including but not limited to volume, speed, and type of vehicular traffic, and volume, speed, and type of train traffic. If it be determined that it is necessary to protect and promote the public safety, the state highways and transportation commission shall prescribe the nature and type of crossing protection or warning device for such crossing, the cost of which shall be apportioned by the state highways and transportation commission among the parties according to the benefits accruing to each. In the event such crossing protection or warning device as prescribed by the state highways and transportation commission is not installed, maintained or operated, the crossing shall be closed to the public.

9. The exclusive power of the state highways and transportation commission pursuant to this section shall be subject to review, determination, and prescription by the administrative hearing commission, upon application to the administrative hearing commission by any interested party in accordance with section 621.040. Upon filing of an application pursuant to this subsection, the administrative hearing commission is vested with the exclusive power of the state highways and transportation commission otherwise provided in this section, with reference to matters reviewed, determined or prescribed by the administrative hearing commission.

(RSMo 1939 § 5214, A.L. 1988 S.B. 676, A.L. 1996 S.B. 780, A.L. 2002 S.B. 1202, A.L. 2004 H.B. 795, et al.)

Prior revisions: 1929 § 4757; 1919 § 9944; 1909 § 3141

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

(2001) Section does not negate common law duty of railroad to use reasonable care in providing adequate warning of railroad crossings. Alcorn v. Union Pacific R.R. Co., 50 S.W.3d 226 (Mo.banc).

Grade crossing safety account created--fee charged, amount--who mustpay--purpose and use of fund--transfer to state road fund, when.

389.612. 1. The owner of a motor vehicle shall pay a railroad crossing safety fee of twenty-five cents when such person registers or renews the registration of a motor vehicle. All revenue collected by the director of revenue pursuant to this section shall be deposited in the state treasury to the credit of the state highways and transportation department fund in an account to be known as the "Grade Crossing Safety Account", which is hereby created.

2. Funds from the grade crossing safety account shall be used for installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways. That portion of the costs proportioned to the state, county, municipality or other public authority in interest, for installation, construction or reconstruction of automatic signals or other safety devices or other safety improvements at crossings of railroads and public roads, streets or highways which the division of motor carrier and railroad safety orders pursuant to section 389.610 shall be paid out of the grade crossing safety account, except that when any part of such costs can be paid from funds available under any federal program or the Federal-Aid Highway Act such part shall not be paid from the grade crossing safety account. No more than ninety percent of the cost of improving any grade crossing shall be paid out of the grade crossing safety account. The division shall, in cooperation with other governmental agencies of the state, determine if any portion of the cost can be paid from funds available pursuant to any federal program or the Federal-Aid Highway Act. The division may order the payment of the amount determined pursuant to section 389.610 to the person, firm, or corporation entitled thereto from the grade crossing safety account. Notwithstanding any other provision of this section to the contrary, the division of motor carrier and railroad safety within the department of economic development may expend annually out of the grade crossing safety account an amount not greater than one hundred thousand dollars of the total annual receipts deposited in the state treasury to the credit of such account to pay for administrative expenses of the division incurred in carrying out the division's railroad grade crossing closure program. The provisions of this section shall not limit or enlarge the division's expenditures out of the grade crossing safety account for any other purposes or the division's expenditures out of any other account or fund.

3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the grade crossing safety account shall not be transferred and placed to the credit of the state road fund until the amount in the account at the end of the biennium exceeds two times the amount encumbered from the account to carry out the purposes of this section in the preceding fiscal year. The amount, if any, in the account which shall be transferred to the credit of the state road fund shall be that amount in the account which exceeds two times the amount encumbered from the account to carry out the purposes of this section in the preceding fiscal year.

(L. 1992 S.B. 765 § 1, A.L. 1999 H.B. 678)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Warning signals for crossings presumed adequate--duty of reasonablecare required of railroads.

389.614. Railroad warning devices which are installed or maintained by order or by rule of the division of motor carrier and railroad safety are presumed to be adequate and appropriate warning devices for the crossing. All railroads shall continue to exercise reasonable care at railroad crossings for the safety of the members of the public using the crossing.

(L. 1992 S.B. 765 § 2)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Study on grade crossing closures--due when--division may employadditional track safety specialists, when.

389.615. The division of motor carrier and railroad safety shall conduct a study to establish priorities for grade crossing closures and a plan for implementing grade crossing closures. The study is to be completed by January 1, 1994, and is not to be paid for from the grade crossing safety account. To promote the safety of railroad tracks at crossings, the division may employ additional track safety specialists, subject to appropriations, or available federal or private funding.

(L. 1992 S.B. 765 § 3)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Railroads required to pave right-of-way at street crossings.

389.620. Whenever any city, town or village in this state, whether acting under special charter or organized under the general incorporation laws relating to cities, towns and villages, shall, by ordinance duly enacted order any street, alley, avenue, public highway or sidewalk now existing therein or which may hereafter be created and opened for public use, or any part or parts thereof, to be graded, constructed, reconstructed, paved, guttered, curbed or otherwise improved or repaired, it shall be the duty of every railroad corporation owning, operating or leasing any railroad which abuts or adjoins any such street, alley, avenue, public highway or sidewalk, to grade, construct, reconstruct, pave, gutter, curb or otherwise improve and repair the part or parts of such street, alley, avenue, public highway or sidewalk upon which the right-of-way of such railroad so abuts or adjoins, to the same extent, of like materials and of as good quality, as such city, town or village has required, or shall in such ordinance require, of the other property owners abutting upon such street, alley, avenue, public highway or sidewalk in the grading, constructing, reconstructing or otherwise improving or repairing of such street, alley, avenue, public highway or sidewalk.

(RSMo 1939 § 5215, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4758; 1919 § 9945; 1909 § 3142

Railroad failing to pave, city to proceed, how.

389.630. If any such railroad corporation fail, neglect or refuse to grade, construct, reconstruct, pave, gutter, curb, or otherwise improve or repair any such street, alley, avenue, public highway or sidewalk, or part or parts thereof, as provided in the foregoing section, the city, town or village ordering any such work to be done, or the authorities thereof having legal control or charge of said street, alley, avenue, public highway or sidewalk therein, shall notify such railroad corporation to grade, construct, reconstruct, pave, gutter, curb or otherwise improve or repair the part or parts of any such street, alley, avenue, public highway, or sidewalk in accordance with the terms of the ordinance requiring the same to be done, which notice shall be in writing and shall be served by delivering a copy of the same to the station agent of said railroad corporation nearest to the street, alley, avenue, public highway or sidewalk over or upon which said railroad crosses, abuts or adjoins. Upon the service of such notice, if such railroad corporation fail, neglect or refuse to grade, construct, reconstruct, pave, gutter, curb or otherwise improve or repair any such street, alley, avenue, public highway or sidewalk, as above provided, within thirty days from the service of said notice, said city, town or village, or the authorities thereof having in charge the streets, alleys, avenues, public highways or sidewalks therein, may proceed to grade, construct, reconstruct, pave, gutter, curb or otherwise improve or repair said street, alley, avenue, public highway or sidewalk, as in said ordinance required, and shall be entitled to recover double the amount expended, together with all costs, in the name of the city, town or village, or other competent authority, at whose expense the work was done, in any court of competent jurisdiction, from such railroad corporation so failing, neglecting or refusing to perform the same.

(RSMo 1939 § 5216)

Prior revisions: 1929 § 4759; 1919 § 9946; 1909 § 3143

Crossing in city, town or village, division may regulate, when.

389.645. The division, upon application or complaint by a city, town or village, or upon its own motion, may regulate the crossing within a municipality of a highway, street or roadway with railroad tracks, require precautions, regulate the running, handling and operation of railway engines and cars, govern the speed of railway engines, cars and trains, and make and enforce orders and restrictions to promote public safety and convenience at such crossings and on such railroad tracks.

(L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Lawful fences, gates, who may build--trespassers.

389.650. 1. Every railroad corporation formed or to be formed in this state, and every corporation to be formed under this chapter, or any railroad corporation running or operating any railroad in this state, shall erect and maintain lawful fences on the side of the road where the same passes through, along or adjoining enclosed or cultivated fields or unenclosed lands, with openings and gates therein, to be hung and have latches or hooks, so that they may be easily opened and shut, at all necessary farm crossings of the road, for the use of the proprietors or owners of the land adjoining such railroad, and also to construct and maintain cattle guards, where fences are required, sufficient to prevent horses, cattle, mules and all other animals from getting on the railroad; and until fences, openings, gates and farm crossings and cattle guards as aforesaid shall be made and maintained, such corporation shall be liable in double the amount of all damages which shall be done by its agents, engines or cars to horses, cattle, mules or other animals on said road, or by reason of any horses, cattle, mules or other animals escaping from or coming upon said lands, fields or enclosures, occasioned in either case by the failure to construct or maintain such fences or cattle guards.

2. After such fences, gates, farm crossings and cattle guards shall be duly made and maintained, said corporation shall not be liable for any such damage, unless negligently or willfully done.

3. If any corporation aforesaid shall, after three months from the time of the completion of its road through or along the lands, fields or enclosures herein named, fail, neglect or refuse to erect or maintain in good condition any fence, openings or farm crossings or cattle guards as herein required, then the owners or proprietors of said lands, fields or enclosures may erect or repair such fences, openings, gates or farm crossings or cattle guards, and shall thereupon have a right to sue and recover from such corporation in any court of competent jurisdiction the cost of such fences, openings, gates, cattle guards or repairs, together with a reasonable compensation for his time, trouble and labor in and about the construction of such fences, openings, gates or cattle guards, or the making of such repairs, together with ten percent interest per annum thereon, from the time of the service of process upon such corporation in such suit; provided, that before such repairs are commenced, such owner shall give five days' notice, in writing, to the railroad company, by delivering a copy thereof to the nearest section foreman or station agent of such railroad company, that the railroad fence needs repairs at a place or point named in the notice, on the lands of such owner.

4. And in every such action, if the plaintiff recover judgment, there shall be taxed as costs against the defendant an attorney's fee, to be fixed by the court or associate circuit judge before which or whom the cause may be pending, at such sum as may be a reasonable compensation for all legal services rendered for plaintiff in the case, without regard to any agreement between plaintiff and his counsel as to fees; but such fee shall not be taxed so long as any appeal taken in such case shall remain undisposed of.

5. And if any person shall ride, lead or drive any horses or other animals upon such road within such fences and guards other than a farm crossing, without the consent of the corporation, he shall, for every such offense, forfeit and pay a sum not exceeding ten dollars, and shall also pay all damages which shall be sustained thereby to the party injured.

6. If any person not connected with or employed upon the railroad shall walk upon the track or tracks thereof, except where the same shall be laid across or along a publicly traveled road or street, or at any crossing, as herein provided, and shall receive harm on account thereof, such person shall be deemed to have committed a trespass in so walking upon said track in any action brought by him on account of such harm against the corporation owning such railroad, but not otherwise.

(RSMo 1939 § 5218)

Prior revisions: 1929 § 4761; 1919 § 9948; 1909 § 3145

CROSS REFERENCE:

Injury to stock because of insufficient fence, damages, 537.270 to 537.290

Trespass to railroad property, penalties.

389.653. 1. A person commits the offense of trespass to railroad property if such person:

(1) Throws an object at a railroad train or rail-mounted work equipment; or

(2) Maliciously or wantonly causes in any manner the derailment of a railroad train, railroad car or rail-mounted work equipment.

2. The offense of trespass to railroad property is a class A misdemeanor unless the trespass results in the damage or destruction of railroad property in an amount exceeding one thousand five hundred dollars, results in the injury or death of any person, or the person committing the offense discharges a firearm or a weapon at a railroad train or rail-mounted work equipment, in which case it is a class E felony.

3. Nothing in this section shall be construed to interfere with either the lawful use of a public or private railroad crossing, or as limiting a representative of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided by the Railway Labor Act.

4. As used in this section, "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or any other property owned, leased, operated or possessed by a railroad.

(L. 1996 S.B. 780 § 13, A.L. 2014 S.B. 491)

Effective 1-01-17

Right-of-way to be drained--duty of railroad to construct and maintainditches and drains--violations subject to injunction and damages,costs and expenses.

389.660. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this state, and of any corporation or person constructing any railroad in this state, within three months after the completion of the same through any county in this state, to cause to be constructed and maintained suitable openings across and through the right-of-way and roadbed of such railroad, and suitable ditches and drains along the roadbed of such railroad, to connect with ditches, drains and watercourses, so as to afford sufficient outlet to drain and carry off the water, including surface water, along such railroad whenever the draining of such water has been obstructed or rendered necessary by the construction of such railroad, except that such openings, ditches and drains shall not be required to be reconstructed by the corporation to accommodate changes in land conditions not caused by the corporation. Any corporation or person owning land adjoining such railroad where such ditches or drains are necessary is authorized to require the railroad company to construct and maintain such ditches or drains by an action against the railroad company for a mandatory injunction; and in case such corporation or person shall fail or neglect to construct and maintain such ditches or drains within the time limited in this chapter, any corporation or person owning land adjoining such railroad where such ditches or drains are necessary is hereby authorized, after giving thirty days' notice, in writing, to such owner or operator of such railroad, by service upon any person authorized to receive service of legal process on behalf of the corporation within this state, to cause such ditches, drains, openings, culverts or trestles to be constructed and maintained, and such landowner may maintain an action against such corporation, company or person so failing to construct and maintain such ditches or drains, in any court of competent jurisdiction, and shall be entitled to recover all costs, expenses and damages incurred and accruing in the construction and maintenance of or damages for failure to construct and maintain such ditches, drains, openings, culverts or trestles which actions for damages and for mandatory injunction under this subsection shall be the only remedies maintainable against a railroad company for its failure to construct and maintain suitable ditches and drains.

(RSMo 1939 § 5222, A.L. 1953 p. 517, A.L. 1976 S.B. 616, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4765; 1919 § 9953; 1909 § 3150

Right-of-way to be cleared of weeds and brush to prevent fires,violation, damages and costs--public grade crossings to be clear ofvegetation and undergrowth.

389.665. 1. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this state to keep the right-of-way reasonably clear of brush and high weeds, by cutting, burning, chemical spraying, plowing under, or other appropriate means for the purpose of preventing the spread of fire, and in case such corporation or person shall fail or neglect to do so, any person owning land adjoining such railroad is hereby authorized, after giving three days' notice, in writing, to such owner or operator of the railroad, by service upon any person authorized to receive service of legal process on behalf of the corporation within this state to cause such brush and high weeds upon the right-of-way occupied by the railroad company to be cut and removed, burned, plowed, or sprayed with chemical material for killing such brush and high weeds in front of and adjoining his land, and such landowner may maintain an action against the corporation or person so failing to perform this duty, in any court of competent jurisdiction, and shall be entitled to recover double the amount of all expenses and damages incurred and accruing thereby, together with costs.

2. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this state to maintain the right-of-way at public grade crossings so that it will be reasonably clear of vegetation, undergrowth or other debris for a distance of two hundred fifty feet each way from the near edge of such crossings where such things would materially obscure approaching trains from the view of travelers on the highway.

(L. 1988 S.B. 676)

Storm sewers along railroad right-of-way in cities or towns under30,000.

389.670. 1. It is hereby made the duty of every person, company or corporation, owning, operating or controlling any railroad or railroad right-of-way passing through any incorporated village, town or city within this state, containing a population of thirty thousand inhabitants or less, to construct at their own expense, within the corporate limits of such village, town or city along the lines of their said railroads or railroad right-of-way, such sewers as shall be of sufficient capacity to at all times carry off all the surface water that may collect or accumulate along their right-of-way.

2. Such sewers shall be constructed in a substantial manner, and cemented on their sides and bottoms so as to give to same a hard, smooth surface, and shall be of sufficient volume and depth to carry off at all times all surface water, with such facility as to prevent at all times an overflow therefrom. They shall have good, safe wagon and foot crossings constructed over them, at such places where the village, town or city by ordinance shall direct, and where it is necessary for public travel.

3. It shall be the further duty of all such persons, companies and corporations to construct under their railways, from one side of their right-of-way to the other, such sewers as shall by the city council, board of aldermen or legislative body of such villages, towns or cities be deemed necessary to facilitate the proper drainage of such village, town or city as provided herein.

(RSMo 1939 §§ 7530, 7531, 7532)

Prior revisions: 1929 §§ 7376, 7377, 7378; 1919 §§ 8784, 8785, 8786; 1909 §§ 9640, 9641, 9642

Railroad storm sewers--intersection with city sewer system.

389.680. 1. Whenever any such village, town or city shall, by ordinance, deem it necessary to construct any public or district sewer, it shall, after the passage of the ordinance deeming such work necessary, cause its civil engineer, street commissioner or any other suitable person to file plans, profile and specifications for such sewer with the clerk of such village, town or city, which plans, specifications and profile shall show the points of intersection of such sewer with such railroad right-of-way, also the grade of the bottom of such sewer, its breadth and depth, with a general statement of the material to be used in its construction, together with such information as will be necessary to a correct understanding of the general plan for the building of such sewer. Thereupon it shall cause a copy of such plans, specifications and profile, together with a general statement sufficiently succinct and explanatory to give a correct understanding of the plan adopted for the building of said sewer, to be served on said person, company or corporation, together with a notice directed to such person, company or corporation to construct the section of said sewer to extend from one side of the said right-of-way to the other, in accordance with such plans and specifications, and within a certain time, not less than thirty days, and not more than three months from the date of the service of such notice.

2. Such notice, plans and specifications shall be served on the person, company or corporation owning or controlling said right-of-way by the chief of police or marshal of such village, town or city, who shall deliver a copy of the notice, plans and specifications to the nearest station agent of such person, company or corporation; and he, the said officer, shall make return on the original notice of the time and manner of service, and file the same with the village, town or city, as the case may be. Such service shall be a sufficient legal service. Thereupon such person, company or corporation shall proceed to construct such section of the proposed sewer at their own expense.

3. If, after the service of such notice, plans and specifications as herein provided, such person, company or corporation shall fail, neglect or refuse to so construct said section of the proposed sewer across their right-of-way within the time mentioned in such notice, then for each day after the expiration of said time that said person, company or corporation shall neglect, fail or refuse to construct or complete said section of such proposed sewer, they shall forfeit and pay to such village, town or city the sum of twenty-five dollars, to be recovered by civil action in the circuit court of the county in which such village, town or city is situated.

(RSMo 1939 §§ 7533, 7534)

Prior revisions: 1929 §§ 7379, 7380; 1919 §§ 8787, 8788; 1909 §§ 9643, 9644

Railroad storm sewers--liability for damages--penalties.

389.690. 1. In addition to such penalty herein prescribed, such person, company or corporation shall, by reason of such failure to build said section of sewer, be liable in damages to any person whose premises or property is overflowed or otherwise damaged by reason of such failure, and such persons may recover their damages in the circuit court of said county.

2. No notice whatever shall be necessary to enforce compliance with the provisions of section 389.670, but they shall be and are hereby made self-enforcing, but any person whose property shall be damaged by an overflow of water thereon by reason of such person, company or corporation's failure to build such sewers may recover double the amount of his damages in any court of competent jurisdiction.

(RSMo 1939 §§ 7535, 7536)

Prior revisions: 1929 §§ 7381, 7382; 1919 §§ 8789, 8790; 1909 §§ 9645, 9646

Application of sections 389.700 to 389.730--term railroad defined.

389.700. 1. The provisions of sections 389.700 to 389.730 shall apply to any common carrier or carriers, their officers, agents and employees, engaged in the transportation of passengers or property by railroad operating in whole or in part in the state of Missouri.

2. The term "railroad" as used in this law shall include all bridge and ferry companies, terminal and switching companies used or operated in connection with any railroad, light rail or railway operating in this state.

(RSMo 1939 § 5281, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4853; 1919 § 10040

Lights to be placed on certain switches, when, by whom.

389.710. All common carriers, their officers, agents and employees operating any railroad in this state are hereby required to maintain lights between sunset and sunrise on all lead switches in yards, where cars are switched in making up or breaking up of trains and maintain lights on switches on main lines where trains are operated at night, except that this section shall not apply to main lines equipped with centralized traffic control signals, interlocking and remote control type of electric signaling, main lines equipped with automatic block signals where a block signal is located one thousand feet or less in advance of a switch or to trailing point switches on double track. The division may, after hearing, authorize or require the substitution for the above enumerated switch lights such other safety devices as it may find proper or necessary.

(RSMo 1939 § 5282, A.L. 1959 H.B. 345, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4854; 1919 § 10041

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Liability for noncompliance--action for damages.

389.730. When any employee or other person shall be injured, maimed or killed, by reason of noncompliance with the provisions of sections 389.700 to 389.730, then in any action for damage which may be instituted against any railroad company, corporation or lessee for such injury, maiming or killing, proof of contributory negligence on the part of any employee or other persons so injured, maimed or killed, shall not relieve such railroad company, corporation or lessee from liability.

(RSMo 1939 § 5284)

Prior revisions: 1929 § 4856; 1919 § 10043

Switch and sidetrack connection--powers of division of motor carrierand railroad safety.

389.780. 1. A railroad corporation, upon the application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection or connections with a lateral line of railroad or private sidetrack owned, operated or controlled by such shipper, and shall, upon the application of any shipper, provide upon its own property a sidetrack and switch connection with its line of railroad, whenever such sidetrack and switch connection is reasonably practicable, can be put in with safety and the business therefor is sufficient to justify the same.

2. If any railroad corporation shall fail to install or operate any such switch connection with a lateral line of railroad or any such sidetrack and switch connection as aforesaid, after written application therefor has been made to it, any corporation or person interested may present the facts to the division of motor carrier and railroad safety by written petition, and the division shall investigate the matter stated in such petition, and give such hearing thereon as it may deem necessary or proper. If the division be of opinion that it is safe and practicable to have a connection, substantially as prayed for, established or maintained, and that the business to be done thereon justifies the construction and maintenance thereof, it shall make an order directing the construction and establishment thereof, specifying the reasonable compensation to be paid for the construction, establishment and maintenance thereof, and may in like manner upon the application of the railroad corporation order the discontinuance of such switch connection.

(RSMo 1939 § 5604)

Prior revisions: 1929 § 5148; 1919 § 10437

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Safety switch appliances and guard rails to be maintained--penalty.

389.790. 1. All companies or corporations, lessees or other persons owning or operating any railroad or part of railroad in this state, are hereby required, on or before the first day of September, 1907, to adopt, put in use and maintain the best known appliances or inventions to fill or block all switches, frogs and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, to prevent, as far as possible, the feet of employees or other persons from being caught therein.

2. Any company or corporation, lessee or other person, owning or operating any railroad, or part of a railroad, in this state, who shall fail to do any act or thing in this section required to be done, or shall cause any act or thing not to be done, or shall aid or abet any such omission, shall be deemed guilty of a violation of this law, and shall forfeit and pay the sum of ten dollars for every such offense, and each day shall constitute a separate and distinct offense. At every term of a court of record of this state having criminal jurisdiction, the judge thereof shall direct and charge grand juries to make special inquiry as to violation of this section.

(RSMo 1939 § 5233)

Prior revisions: 1929 § 4776; 1919 § 9964; 1909 § 3163

Walkways and handrails on bridges and trestles.

389.795. In cases in which the motor carrier and railroad safety division of the department of economic development finds the same to be practical and necessary for safety of railroad employees, bridges and trestles, over and upon which railroad trains are operated, shall include as a part thereof, safe and suitable walkway and handrail on one side only of such bridge or trestle, and such handrail shall be located at the outer edge of said walkway and shall provide a clearance of not less than eight feet, six inches, from the center line of the nearest track, measured at right angles thereto.

(L. 1959 H.B. 301 § 1, A.L. 1969 H.B. 409)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Employee walkways to be kept clear, enforcement.

389.797. Any person, firm or corporation doing business in this state shall keep and maintain those margins alongside their tracks, where railroad employees are required to walk in the course of their duties, reasonably free from debris, vegetation and any hazards known or which should have been known to exist, which affect the safety of such employees. The division may enforce this section and prosecute any violation thereof. The division shall prescribe rules for the construction and maintenance of walkways and the materials used in such walkways. Any track found to be in violation of this section may be removed from service by order of the division.

(L. 1961 p. 416 §§ 1, 2, A.L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Contributory negligence not to relieve from liability.

389.800. When any employee or other person shall be injured, maimed or killed, by reason of the noncompliance with the provisions of section 389.790, then in any action for damages which may be instituted against any railroad company, corporation or lessee for such injuring, maiming or killing, proof of contributory negligence or carelessness on the part of any employee or other person so injured, maimed or killed, shall not relieve such railroad company, corporation or lessee from liability.

(RSMo 1939 § 5234)

Prior revisions: 1929 § 4777; 1919 § 9965; 1909 § 3164

Engines to be equipped with power drive wheel brakes.

389.810. From and after the first day of January, 1908, it shall be unlawful for any person, persons, partnership or corporation, operating any line of railroad, in whole or in part, within this state, either as owner, lessee or receiver, for the purpose of moving freight or passengers between points wholly within this state, to use upon such line of railroad any locomotive or engine to move such train of cars over such railroad without having such locomotive or engine equipped with power drive wheel brakes and fully and properly equipped with air brake appliances so that the engineer operating such locomotive or engine shall have the means of fully and completely controlling the air brakes on the cars attached to said locomotive and engine without recourse to hand brakes, except in cases of emergency.

(RSMo 1939 § 5235)

Prior revisions: 1929 § 4778; 1919 § 9966; 1909 § 3165

Safety appliances--automatic couplers.

389.820. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, in whole or in part, in this state, either as owner, lessee or receiver, to use or permit to be used or hauled between stations within this state, on said line of railroad, any locomotive, tender, car or other vehicle for moving persons or freight, which shall not be equipped with handholds, grab irons and couplers, coupling automatically by impact, and which can be coupled without the necessity of men going between the ends of the cars for the purpose of effecting such coupling.

(RSMo 1939 § 5236)

Prior revisions: 1929 § 4779; 1919 § 9967; 1909 § 3166

Standard drawbars to be used--height of same.

389.830. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, in whole or in part, within this state, whether as owner, lessee or receiver, to use any locomotive, tender, car or similar vehicle for the purpose of carrying persons or freight, on its line of railroad, between stations wholly within the state, unless such locomotive, tender, car or other similar vehicle shall be equipped with standard drawbars; that the standard height of drawbars on all standard gauge roads shall be thirty-four and one-half inches, measuring from the top of the track rails to the center of the drawbar; and upon narrow gauge roads such standard drawbar shall be twenty-six inches from the top of the track rails to the center of the drawbar, and the maximum variation from such standard height to be allowed between empty and loaded cars shall be three inches, whether or not the drawbars brought together are of the same kind, make or type.

(RSMo 1939 § 5237)

Prior revisions: 1929 § 4780; 1919 § 9968; 1909 § 3167

Cars to be equipped with air or power brakes.

389.840. From and after the first day of January, 1908, it shall be unlawful for any person, persons, company or corporation, operating any line of railroad, in whole or in part, in this state, either as owner, lessee or receiver, to operate any train of cars over such line of railroad between stations within this state, unless at least seventy-five percent of the cars composing such train shall be equipped with air or power brakes, and any of the remaining twenty-five percent of such cars composing such train shall be so equipped with such air or power brakes; they shall be so associated and connected that brakes thereon can be used, managed and operated by the engineer of the locomotive drawing such train.

(RSMo 1939 § 5238)

Prior revisions: 1929 § 4781; 1919 § 9969; 1909 § 3168

Application of provisions of sections 389.810 to 389.870.

389.850. The provisions and requirements of sections 389.810 to 389.870 relating to power drive wheel brakes, train brakes, automatic couplers, grab irons and the standard height of drawbars, shall be held to apply to all trains, locomotives, tenders, cars and similar devices used on or by any railroad engaged in the transportation of persons and freight between points within the state of Missouri; provided, however, that the provisions of said sections shall not apply to street railroads nor to tram railroads employed in the transportation of logs.

(RSMo 1939 § 5239)

Prior revisions: 1929 § 4783; 1919 § 9971; 1909 § 3170

Penalty for violation of sections 389.810 to 389.870--suit, wherebrought.

389.860. Any such person, persons, company or corporation operating any railroad, in whole or in part, within this state, whether as owner, lessee or receiver, who shall violate any of the provisions of sections 389.810 to 389.870 shall be liable to the state of Missouri in a penalty of not less than one hundred nor more than five hundred dollars for each offense, and such penalty shall be recovered and suit therefor shall be brought in the name of the state of Missouri, in any court of competent jurisdiction in any county in the state, into or through which such railway may run, by the attorney general, or under his direction, or by the prosecuting attorney of any county through or into or out of which trains may be operated by such railroad or by the circuit attorney in the city of St. Louis.

(RSMo 1939 § 5240)

Prior revisions: 1929 § 4784; 1919 § 9972; 1909 § 3171

Employee not guilty of contributory negligence, when.

389.870. Any employee of such railroad so operated as aforesaid who may be injured by any train, locomotive, tender, car or similar vehicle in use contrary to the provisions of sections 389.810 to 389.870 shall not be deemed to have assumed the risk thereby occasioned, nor to have been guilty of contributory negligence, because of continuing in the employment of such railroad or in the performance of his duties as such employee after the unlawful use of such train, locomotive, tender, car or similar device shall have been brought to his knowledge.

(RSMo 1939 § 5241)

Prior revisions: 1929 § 4785; 1919 § 9973; 1909 § 3172

Locomotives to be equipped with electric headlights--power ofsame--exceptions.

389.900. That all companies, corporations, lessees, owners, operators or receivers of any railroad or railway company operating a railroad or railway in whole or in part in this state, are hereby required to equip, maintain and use upon every locomotive being operated in road service in this state in the nighttime an electric headlight of fifteen hundred candle power brilliancy, measured with the aid of a reflector, and classification signals not less than six candle power; provided, that nothing in this law shall be so construed as to prevent a locomotive engine whose headlight has become defective while on the road from proceeding to the most convenient terminal or division point where the necessary facilities exist for remedying such defect, but nothing in this law shall relieve any such company, corporation, lessee, owner, operator or receiver of any railroad or railway company of any liability for injury or damage to persons or property, or for the death of any person, caused by proceeding with an engine having such defective headlight; and provided further, that the provisions of this law shall not apply to independent lines of railroad less than seventy-five miles in length; and provided further, that the provisions of this law shall not apply during the first ninety days of a strike of the particular employees whose duties are to repair and maintain electric headlights.

(RSMo 1939 § 5274)

Prior revisions: 1929 § 4845; 1919 § 10032

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

First aid kits, duty of railroad to provide--rules regulating.

389.920. Every corporation, lessee, owner, operator or receiver or other person owning or operating a railroad in the state of Missouri shall provide and maintain in a plainly marked accessible location on all passenger train cars, cabooses, each locomotive unit capable of independent operation and all motorized on-track work equipment used in railroad operations, which weigh in excess of four hundred pounds, a first aid kit conforming to such requirements as the division may, by rule, prescribe.

(RSMo 1939 § 5287, A.L. 1988 S.B. 676)

Prior revision: 1929 § 4859

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Safety rules for motor vehicles used to transport employees byrail--hearings--inspection of vehicles--penalties.

389.945. 1. The motor carrier and railroad safety division of the department of economic development of Missouri shall make and enforce reasonable safety rules and regulations relating to motor vehicles designed for highway use and used by common carriers by rail to transport employees, tools and supplies, to and from their places of employment or during the course of their employment. These rules and regulations shall establish minimum standards:

(1) For the construction and mechanical equipment of a motor vehicle;

(2) For the loading and carrying of tools, supplies, and employees; the transportation of gasoline, or other inflammable materials and explosives;

(3) For the safety of employees in a motor vehicle, where gang size will not permit all employees to ride in driver's cab, adequate seating facilities, heating facilities and communication between cab and rear compartment and means of retaining tools and supplies within the motor vehicle;

(4) The rules and regulations shall apply only to vehicles acquired after the effective date of the rules and regulations. In case of an emergency, vehicles not complying with the rules and regulations may be used.

2. Before formulating such rules and regulations, the division of motor carrier and railroad safety shall conduct hearings and invite participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules and regulations. The division shall consider the suggestions prior to the issuance of any rules and regulations.

3. The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

4. The division may, in enforcing the rules and regulations, inspect any motor vehicle to which these rules apply. Upon request, the superintendent of the Missouri state highway patrol shall assist the division in these inspections.

5. Violation by the owner of a motor vehicle of any rule or regulation or any amendment thereto promulgated pursuant to this section or any order issued by the division under this section, or willful failure to comply with such an order, is a misdemeanor, and upon conviction thereof, the owner shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding five hundred dollars or both.

(L. 1965 p. 590 §§ 1 to 5)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Bell and whistle at crossings--penalty.

389.990. A bell shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad shall cross any traveled public road or street, and be kept ringing until it shall have crossed such road or street, or a horn or whistle shall be attached to such engine and be sounded at least eighty rods from the place where the railroad shall cross any such road or street, except in cities, and be sounded at intervals until it shall have crossed such road or street, under a penalty of twenty dollars for every neglect of the provisions of this section, to be paid by the corporation owning the railroad, to be sued for by the prosecuting or circuit attorney of the proper circuit, within ten days after such penalty was incurred, one-half thereof to go to the informer and the other half to the county; and said corporation shall also be liable for all damages which any person may hereafter sustain at such crossing when such bell shall not be rung or such horn or whistle sounded as required by this section; provided, however, that nothing herein contained shall preclude the corporation sued from showing that the failure to ring such bell or sound such horn or whistle was not the cause of such injury.

(RSMo 1939 § 5213, A.L. 1955 p. 578)

Prior revisions: 1929 § 4756; 1919 § 9943; 1909 § 3140

Definitions.

389.991. The following words used in sections 389.991 to 389.995 shall mean:

(1) "Bridges", structures supporting the track or tracks over a waterway, highway, ravine or railroad;

(2) "Carrier", any common carrier by rail;

(3) "Division", the motor carrier and railroad safety division of the department of economic development;

(4) "Roadbed", culverts, tunnels, cuts and fills on which or through which the tracks are located;

(5) "Tracks", rails and fastenings, ties, crossings-at-grade, both railroad and highway, switches and their appurtenances but not including signal equipment.

(L. 1971 H.B. 288 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Division of motor carrier and railroad safety regulations.

389.992. The division of motor carrier and railroad safety shall make and enforce reasonable rules and regulations establishing minimum standards of track, bridge and roadbed inspection:

(1) For track, bridge and roadbed used by passenger trains or freight trains;

(2) For the qualifications of the inspector;

(3) For the frequency of inspection and territory to be covered;

(4) For method of inspection, including items requiring special attention;

(5) Action to be taken when defects are found.

(L. 1971 H.B. 288 § 2, A.L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Rules and regulations, hearings required--must conform with federalstandards--how amended.

389.993. 1. Before formulating such rules and regulations, the division of motor carrier and railroad safety shall conduct hearings and invite participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules and regulations. Any rules and regulations formulated shall not be in conflict with federal standards on the same subject matter, except as permitted under the Federal Railroad Safety Act of 1970, or any amendments thereto.

2. The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

(L. 1971 H.B. 288 §§ 3, 4)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Rulemaking authority on constructing and maintaining walkwaysadjacent to industrial railroad trackage--definition of industrialrailroad trackage--hearings required--amending rules--authority toissue cease and desist order.

389.994. 1. The division shall make reasonable rules and regulations governing the construction, reconstruction and maintenance of walkways adjacent to industrial railroad trackage.

2. "Industrial railroad trackage" shall mean any and all tracks owned, leased or used by any person, firm or corporation, other than a railroad as defined by section 622.100, which connect with the tracks of a railroad and on which a railroad switches or operates cars or locomotives.

3. Before formulating such rules and regulations, the division shall conduct hearings and invite participation of interested groups. These groups shall make suggestions relating to the minimum standards to be embodied in the rules and regulations. The division shall consider the suggestions prior to the issuance of any rules and regulations.

4. The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

5. The division may, by order, require any railroad to cease and desist from operating or switching cars or locomotives over any industrial railroad trackage which is found by the division not to be in conformity with such rules and regulations or which otherwise constitutes an unusual hazard.

(L. 1996 S.B. 780)

Investigation of accidents, notice of an accident.

389.996. The division may investigate the cause of all accidents on any railroad or street railroad within this state which result in loss of life or injury to persons or property. Every railroad corporation and street railroad corporation is hereby required to give immediate notice to the division of every accident happening upon any line of railroad or street railroad owned, operated, controlled or leased by it, within this state in such manner as the division may direct. Such notice shall not be admitted as evidence or used for any purpose against such railroad corporation or street railroad corporation giving such notice in any suit or action for damages growing out of any matter mentioned in such notice.

(L. 1996 S.B. 780)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Railroad car loading requirements--exception--motor carrier andrailroad safety division of the department of economic developmentto enforce.

389.997. 1. It shall be unlawful for any person, firm, company or corporation operating a railroad as a common carrier in this state, while transporting freight for compensation or hire, to place immediately ahead of an occupied caboose or immediately behind an occupied locomotive, a flat car on which are placed loads that might shift or move or bulkhead type flat car that is loaded above the top edge of the car or beyond the sides, or a gondola type car loaded above the edge, with pipe, lumber or poles, or with freight or machinery which might shift or move and which the motor carrier and railroad safety division of the department of economic development finds, after hearing, to be an unreasonable risk to the safety and well-being of the employees.

2. This section shall not apply to yard switching movements.

3. The motor carrier and railroad safety division of the department of economic development of the state of Missouri shall enforce this section and prosecute any violation thereof, as provided for in section 386.570.

(L. 1977 H.B. 75 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Violations and penalties--enforcement--action by division,jurisdiction--penalties or forfeitures paid into school fund.

389.998. 1. Any corporation or person who violates or fails to comply with any provisions of this chapter is subject to a civil penalty or forfeiture of not less than one hundred dollars nor more than two thousand dollars for each offense. An action to recover a penalty or forfeiture under this chapter or to enforce the powers of the division under this chapter may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. In any such action all penalties or forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture. If the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division, the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in chapter 622, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any corporation or person is a separate and distinct offense, and in case of a continuing violation of each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties or forfeitures, the act, omission or failure of any officer, agent or employee of any corporation or person acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation or person.

4. All penalties or forfeitures accruing under the provisions of this chapter shall be cumulative of each other, and any action for the recovery of one such penalty or forfeiture shall not be a bar to or affect the recovery of any other penalty or forfeiture.

(L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Causes of action existing prior to August 13, 1988.

389.999. Nothing contained in this act* shall be construed or interpreted to limit or expand in any way the rights and remedies of any person in any cause of action or civil proceeding. The provisions of this section shall apply to any cause of action which arises prior to and after August 13, 1988.

(L. 1988 S.B. 676 § 3)

*"This act" (S.B. 676, 1988) contained numerous sections. Consult Disposition of Sections table for a definitive listing.

Light rail safe operation, maintenance and use--division's powersand duties--funds to be used, how--operator to file statement.

389.1005. 1. Except as otherwise provided in this subsection or in subsection 2 of this section, the division of motor carrier and railroad safety shall, after hearing, adopt, in accordance with section 622.027, and enforce rules relating to the safe operation, maintenance and use of light rail, and the construction of light rail-highway crossings. The division of transportation shall examine the manner in which light rail property and services are safely conducted and operated. The division shall examine compliance with all the provisions of law, orders and decisions of the division regarding the safe operation of light rail, except that if the United States has enacted a law, or any officer or agency of the United States has adopted any rule, regulation, order, decision or standard covering the subject matter of the division's rules relating to the safe operation, maintenance and use of light rail and the construction of light rail highway crossings, then compliance with that statute, regulation, order, decision or standard satisfies the duty of compliance with the law, rule, regulation, order or decision of the division covering that subject matter. The provisions of chapter 386, relating to the powers and duties of the public service commission and the procedure before the public service commission and the courts, as well as the provisions of section 622.030, are hereby made applicable to the division of motor carrier and railroad safety with regard to the safe operation of light rail as provided in this subsection.

2. The division of motor carrier and railroad safety shall not examine any individual or joint rate, fare, toll, charge, or other compensation of any person or any two or more persons or any schedule or tariff setting fares or rates for light rail or the hours of service, frequency, use and accommodations afforded customers or patrons of light rail or products or commodities furnished in connection with the operation of light rail.

3. The division may contract with the bi-state development agency created by section 70.370 for safety consultation pursuant to the division's duties created by this section. Any moneys paid pursuant to this subsection shall be deposited in the light rail safety fund created in section 389.1010.

4. The division shall render a statement of such assessment to each light rail operator on or before July first and the amount so assessed to each light rail operator shall be paid by it to the director of revenue in full on or before July fifteenth immediately following the rendition of such statement, except that any such light rail operator may pay such assessment in four equal installments not later than the following dates immediately following the rendition of such statement, by making payments on July fifteenth, October fifteenth, January fifteenth and April fifteenth. The director of revenue shall remit such payments to the state treasurer.

5. The state treasurer shall credit such payments to the railroad expense fund established under section 622.015. Notwithstanding any provisions of section 622.015 to the contrary, that portion of the railroad expense fund received from light rail assessments pursuant to this section shall be devoted solely to the payment of expenditures incurred by the division of motor carrier and railroad safety within the department of economic development and attributable to the regulation of light rail.

6. In order to enable the division to make the assessments provided for in this section, each light rail operator shall file with the division, within ten days after August 28, 1996, and thereafter on or before March thirty-first of each year, a statement under oath showing its total operated train miles for the preceding calendar year, and if any light rail operator shall fail to file such a statement within such time, the division shall estimate such miles which estimate shall be binding on such light rail operator for the purpose of this section.

(L. 1996 H.B. 876 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Light rail safety fund created, administration of--lapse into generalrevenue prohibited.

389.1010. Any moneys received by the division of motor carrier and railroad safety of the department of economic development pursuant to subsection 3 of section 389.1005 shall be deposited in the state treasury to the credit of the "Light Rail Safety Fund" which is hereby created. The account shall be administered by the director of the division of motor carrier and railroad safety. When appropriated the moneys in the fund shall be used solely for the purpose of paying the costs of its duties pursuant to section 389.1005. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the light rail safety fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.

(L. 1996 H.B. 876 § 3)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008


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