reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.690 - Railroad storm sewers — liability for damages — penalties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1939
389.690. Railroad storm sewers — liability for damages — penalties. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1988
389.700. Application of sections 389.700 to 389.730 — term railroad defined. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.710 - Lights to be placed on certain switches, when, by whom.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1988
389.710. Lights to be placed on certain switches, when, by whom. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.730 - Liability for noncompliance — action for damages.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.730. Liability for noncompliance — action for damages. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.780 - Switch and sidetrack connection — powers of division of motor carrier and railroad safety.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1939
389.780. Switch and sidetrack connection — powers of division of motor carrier and railroad safety. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.790. Safety switch appliances and guard rails to be maintained — penalty. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.795 - Walkways and handrails on bridges and trestles.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1969
389.795. Walkways and handrails on bridges and trestles. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.797 - Employee walkways to be kept clear, enforcement.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1988
389.797. Employee walkways to be kept clear, enforcement. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.800 - Contributory negligence not to relieve from liability.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1939
389.800. Contributory negligence not to relieve from liability. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.810 - Engines to be equipped with power drive wheel brakes.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.810. Engines to be equipped with power drive wheel brakes. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.820 - Safety appliances — automatic couplers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.820. Safety appliances — automatic couplers. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.830 - Standard drawbars to be used — height of same.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.830. Standard drawbars to be used — height of same. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.840 - Cars to be equipped with air or power brakes.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.840. Cars to be equipped with air or power brakes. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.850 - Application of provisions of sections 389.810 to 389.870.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.850. Application of provisions of sections 389.810 to 389.870. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.860. Penalty for violation of sections 389.810 to 389.870 — suit, where brought. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.870 - Employee not guilty of contributory negligence, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1939
389.870. Employee not guilty of contributory negligence, when. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1939
389.900. Locomotives to be equipped with electric headlights — power of same — exceptions. —
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
(1968) The failure of locomotive engineer to give statutory crossing signals does not give drivers right to approach blind crossing heedlessly, if they know of existence of crossing. Hupman v. Missouri-Kansas-Texas Railroad Co. (A.), 429 S.W.2d 343.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1988
389.920. First aid kits, duty of railroad to provide — rules regulating. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.945 - Safety rules for motor vehicles used to transport employees by rail — hearings — inspection of vehicles — penalties.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1965
389.945. Safety rules for motor vehicles used to transport employees by rail — hearings — inspection of vehicles — penalties. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.990 - Bell and whistle at crossings — penalty.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1955
389.990. Bell and whistle at crossings — penalty. —
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
(1953) Railroad's duty under this section is performed if it sounds either the bell or whistle as, and for the distance, required by statute. Chamberlain v. Thompson (Mo.), 256 S.W.2d 779.
(1954) This section does not abolish common law duty of railroad to warn of approach of its trains at crossing, but is cumulative thereto and provides only minimum requirements. Hackett v. Wabash R.R. Co. (Mo.), 271 S.W.2d 573.
(1955) Where railroad operated trains on property of manufacturer for the joint benefit of the railroad and manufacturer, there was common law duty to give warning when approaching private crossing on manufacturer's property. Dickerson v. Term. R.R. Assn. of St. Louis (Mo.), 284 S.W.2d 568.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.991 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1971
389.991. Definitions. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.992 - Division of motor carrier and railroad safety regulations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1988
389.992. Division of motor carrier and railroad safety regulations. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.993 - Rules and regulations, hearings required — must conform with federal standards — how amended.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1971
389.993. Rules and regulations, hearings required — must conform with federal standards — how amended. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.994 - Rulemaking authority on constructing and maintaining walkways adjacent to industrial railroad trackage — definition of industrial railroad trackage — hearings required — amending rules — authority to issue cease and desist order.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1996
389.994. Rulemaking authority on constructing and maintaining walkways adjacent to industrial railroad trackage — definition of industrial railroad trackage — hearings required — amending rules — authority to issue cease and desist order. —
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)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.996 - Investigation of accidents, notice of an accident.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1996
389.996. Investigation of accidents, notice of an accident. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.997 - Railroad car loading requirements — exception — motor carrier and railroad safety division of the department of economic development to enforce.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1977
389.997. Railroad car loading requirements — exception — motor carrier and railroad safety division of the department of economic development to enforce. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.999 - Causes of action existing prior to August 13, 1988.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
Effective - 28 Aug 1988
389.999. Causes of action existing prior to August 13, 1988. —
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.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 389 - Regulation of Railroad Corporations › Section 389.1010 - Light rail safety fund created, administration of — lapse into general revenue prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 389
• Effective - 28 Aug 1996
389.1010. Light rail safety fund created, administration of — lapse into general revenue prohibited. —
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.011 - Purpose of law — how construed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.011. Purpose of law — how construed. —
It is hereby declared that the legislation contained in this chapter is enacted for the following purposes:
(1) To promote safe, adequate, economical and efficient transportation;
(2) To promote the most productive use of equipment and energy resources; and
(3) To conserve the interests and convenience of the public. No right, privilege, or permit granted or obtained under or by virtue of the provisions of this chapter shall ever be construed as a vested right, privilege, or permit; and the general assembly retains full legislative power over, concerning and pertaining to the subject or subjects legislated upon in this chapter and the power and right to alter, amend or repeal any provision of this chapter at its pleasure.
­­--------
(RSMo 1939 § 5736, A.L. 1951 p. 547 § 390.010, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5281
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.045 - Enforcement personnel of division of motor carrier and railroad safety — powers, training — vehicles to be emergency vehicles — firearms prohibited.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 13 May 1988, see footnote
390.045. Enforcement personnel of division of motor carrier and railroad safety — powers, training — vehicles to be emergency vehicles — firearms prohibited. —
1. Duly authorized enforcement personnel of the division may stop commercial motor vehicles when there is a probable cause that the operator has violated, or is violating, any part of this chapter, or the rules promulgated by the division of motor carrier and railroad safety. Enforcement personnel may detain the vehicle and operator for a reasonable period of time to determine if in fact the commercial motor vehicle is in violation of this chapter or the rules promulgated by the division. Information obtained during a stop may be used to file a complaint with the director of the division through the general counsel of the division of motor carrier and railroad safety with an administrative law judge to ascertain the legality of the commercial motor vehicle operation.
2. Vehicles operated by division of motor carrier and railroad safety enforcement personnel shall be considered emergency vehicles as defined in section 304.022. Enforcement personnel of the division of motor carrier and railroad safety shall not have the right to bear firearms. Enforcement personnel shall be required to complete one hundred twenty hours of basic law enforcement training as required of peace officers as specified in chapter 590.
­­--------
(L. 1986 H.B. 1428, A.L. 1988 S.B. 423)
Effective 5-13-88
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.054 - Movers of household goods in intrastate commerce, proof of workers' compensation insurance coverage required.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 2012
390.054. Movers of household goods in intrastate commerce, proof of workers' compensation insurance coverage required. —
Beginning August 28, 2012, and continuing thereafter, no certificate or permit to transport household goods in intrastate commerce shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with chapter 287 for all employees. If any household goods carrier subject to the provisions of this chapter or chapter 387 is found by the division of workers' compensation to be out of compliance with chapter 287, the division shall report such fact to the state highways and transportation commission. The commission shall suspend the household goods carrier's certificate or permit pursuant to section 390.106 until such time as the carrier demonstrates that it has procured workers' compensation insurance coverage that complies with chapter 287.
­­--------
(L. 2012 H.B. 1402 merged with S.B. 470)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.062 - Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.062. Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension. —
1. The division, upon the filing of an application for a certificate under subsection 4 of section 390.051, a permit under subsection 4 of section 390.061, or the institution of a proceeding involving rate relief, except as provided in section 390.081, shall cause notice thereof to be published and served by the mailing of a notice register showing the name and address of the party filing the pleading, the name and address of the attorney, the division's docket number and a concise statement of the issues contained therein. Any interested party may obtain a copy of the pleading upon request to the director of the division.
2. Within fifteen days of the publication of an application, or other proceeding, any interested party may file a motion to intervene specifically setting forth its interest therein, including a statement of its authority, and that it is providing service thereunder.
3. If the proceeding is unopposed, the division may, in its discretion, take evidence by verified statement, and without hearing or other proceedings issue its final order.
4. If the proceeding is opposed, the division shall assign the matter for hearing to be held no later than forty-five days after filing unless an applicant requests or consents to a continuance, or in the alternative, may require the parties to adduce the evidence by verified statement and assign the matter for hearing to resolve factual conflicts.
5. The division shall issue its final order granting or denying the relief sought in whole or in part within ninety days after the submission of final arguments or else stand approved.
6. In the event the division shall designate an application as one of a complex nature requiring a substantial record, the division may, upon making such written finding, extend the period of time for issuing a decision an additional thirty days.
­­--------
(L. 1986 H.B. 1428)
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