622.240. Authority of division to require safety devices and safeguards--prohibition against red signs adjacent to tracks, when.
Authority of division to require safety devices andsafeguards--prohibition against red signs adjacent to tracks,when.
622.240. 1. The division may, after a hearing had upon its ownmotion or upon complaint, by general or special orders, rules orregulations, or otherwise, require every person, corporation, and carrierto maintain and operate its line, plant, system, equipment, apparatus,tracks and premises in such manner as to promote and safeguard the healthand safety of its employees, passengers, customers, and the public. Thedivision may prescribe, among other things, the installation, use,maintenance and operation of appropriate safety and other devices orappliances. The division may waive the requirements for notice and hearingand provide for expeditious issuance of an order in any case in which thedivision determines that the failure to do so would result in thelikelihood of imminent threat of serious harm to life or property, exceptthat the division shall include in such an order an opportunity for hearingas soon as practicable after the issuance of such order.
2. No person, partnership, firm or corporation shall set up, install,operate or cause to be operated, upon the person's or its premises, anysign or light commonly known as "red neon" or any other kind of red signs,along, adjacent to or in line of vision of any main line track of arailroad in this state, except the same be shaded or shielded, so as toprevent them from being observed from the line of vision, as viewed from anapproaching locomotive cab, or where they may cause confusion to the men inthe locomotive cab, thereby endangering the safe and efficient operating ofsuch train or locomotive. The division shall inspect such confusing signs,upon complaint, and determine if such sign or signs are confusing ordangerous, and advise the owner or operator of their findings and prescribean adequate shield therefor.
(L. 1996 S.B. 780)