Effective 28 Aug 1988

389.580. Permission to erect structures or tract — violation, penalty — division may order track removed from service until in compliance. — 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