40-849. Transportation of employees; equipment required; violation; classification; time to comply

A. It is unlawful for an owner or operator of a common carrier railroad to transport its employees in, or for such purpose to furnish its employees with, a rail motor car not having the following equipment:

1. A transparent windshield made of safety glass or plastic and sufficient in width and height to afford reasonable protection.

2. A suitable mechanically operated device that will remove rain, snow and sleet from such windshield.

3. An electric head lamp of sufficient candle power to render visible under ordinary atmospheric conditions at a distance of three hundred feet any obstruction, landmark, warning sign or grade crossing on the railroad right of way.

4. At least one electric red lamp on the rear of such motor car with sufficient candle power to be visible at a distance of three hundred feet under ordinary atmospheric conditions.

B. The head and rear lights provided for in subsection A shall only be required during the hours between one-half hour before sunset and one-half hour after sunrise.

C. A common carrier railroad which is unable, on or before July 3, 1955, to equip its rail motor cars as prescribed by subsection A may apply to the corporation commission for an extension of time to do so. Upon a showing of good cause, the commission may grant additional time, not to exceed one year from July 3, 1955, to an operator or owner of a common carrier railroad within which to equip its rail motor cars as prescribed by subsection A. When extension of time is granted, the penalty provisions of subsection D shall not be applicable to such carrier during the period of the extension.

D. Any owner or operator of a common carrier railroad who operates for or furnishes its employees with a rail motor car which is not equipped as prescribed by subsection A shall be guilty of a petty offense. Each day or part of a day a rail motor car not so equipped is operated or furnished its employees constitutes a separate offense.