389.580. Permission to erect structures or tract--violation, penalty--division may order track removed from service until in compliance.
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 personshall hereafter erect or cause to be erected any passenger orfreight station platforms, or any permanent structure over orcontiguous to any railroad track or tracks, switch or siding,such as shop buildings, coalbins, manufacturing and industrialbuildings or any other structure whatsoever, without first havingsecured permission so to do from the division, and it shall bethe duty of the division to promulgate uniform rules governingclearances in the construction of such structures as soon afterthe passage of this law as the same may be reasonably done,except that after the promulgation of uniform rules as aforesaidby the division, it shall not be necessary to procure permissionfrom the division to erect any structure aforesaid that iserected in conformity to such rule.
2. Upon application therefor, the division may authorize theconstruction of structures at less than the minimum vertical orhorizontal clearances required by statute or rule if the divisionfinds that construction at the prescribed clearance would beunreasonable. This subsection shall apply to all structuresbuilt over or contiguous to the track of a railroad, includingsignal lines or wires.
3. Except in cases in which the division finds that suchconstruction is unreasonable, bridges, viaducts, tunnels,overhead roadways, footbridges, wire or other structure hereafterbuilt over the track or tracks of a railroad or railroads by acounty, municipality, township, railroad company, or othercorporation, firm or person, shall be not less than twenty-twofeet in the clear from the top of the rails of such track ortracks, to such wire or other structure or to the bottom of thelowest sill, girder or cross beam, and the lowest downwardprojection on the bridges, viaduct, tunnel, overhead roadway orfootbridge.
4. Except in cases in which the division finds that suchconstruction is unreasonable, no track shall be constructedadjacent to any building or structure, nor shall any signal post,switch stand, building or any other structure be constructedadjacent to any track, which has a horizontal clearance of lessthan eight feet six inches from the center of the track, measuredat right angles thereto, except that the division may afterhearing promulgate rules allowing exceptions to such minimumhorizontal clearance with reference to docks, bridges, engineterminal and shop structures, engine houses, engine and carrepair shops, cinder conveyors, turntables*, working platforms andworking structures inside of engine houses and repair shops,platforms for loading and unloading of freight, includinglivestock and express matter, passenger loading platforms,retainers, guards, structures or materials placed by owners oroperators 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 atpassenger stations and terminals, third rail conductors, trackswhere curvature is six degrees or more, and wire, cableconductors, trolley wires, guards, guys and other apparatus orfixtures used in connection therewith, as the division deems tobe reasonable, prudent and consistent with employee and publicsafety.
5. Any person, corporation or other entity who erects anystructure or causes any structure to be erected, or whoconstructs any track or structure or causes any track orstructure to be constructed in violation of any of the provisionsof this section or any rule made under this section is subject toa civil penalty or forfeiture of not less than one hundreddollars nor more than two thousand dollars for each offense. Thedivision may recover such a penalty or forfeiture from any suchperson, corporation or entity under the same terms and conditionsas provided in section 389.998.
6. Whenever any structure or track is erected or constructedin violation of any of the provisions of this section or any rulemade under this section, the division in addition to any otherremedies provided by law may order that any such track shall beremoved from service until and unless the structure or track soerected or constructed is removed or reconstructed to conform tothe requirements of this section and the rules made under thissection.
(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, RSMo 226.008