Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 5 - RAILROAD SAFETY › Section 82-5-17 - Special provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Exemptions from
			 any of the requirements contained in these rules shall be considered by the
			 commission upon proper application from a carrier, industry or other interested
			 person. A request for such exemption shall be accompanied by a full statement
			 of the conditions existing, and the reasons for requesting the exemption. Any
			 exemption shall be limited to the particular case covered by the appli-cation.
(b) No restricted clearance set
			 out in this article shall apply to false works, shoofly tracks or other
			 temporary emergency conditions caused by derailments, washouts, slides, or
			 other unavoidable disasters.
(c)
			 None of the restricted clearances set out shall apply to ballast, track
			 material, or construction material unloaded on or adjacent to tracks for
			 contemplated use thereon or in the immediate vicinity, nor shall they apply to
			 falseworks or temporary construction necessary on any construction project.
(d) All existing structures,
			 operating appurtenances, pole lines, service facilities, and track arrangements
			 shall be exempt from these regulations except as specifically provided.
(e) No change in track location or
			 elevation shall be made which will reduce existing vertical or horizontal
			 structural clearance below the minimum allowed by these rules, except where
			 tracks are constructed as part of the existing facility, and in such cases the
			 clearance shall conform to existing conditions.
(f) No repair or maintenance work shall be
			 done on structures, facilities or appurtenances adjacent to tracks which will
			 reduce existing vertical or horizontal structural clearance below the minimum
			 allowed by these rules.
(g) Where
			 an existing structure does not provide clearance equal to the minimum set out
			 in K.A.R. 82-5-13 or such other minimum herein specified, the portion of the
			 structure producing the impaired clearance may be repaired and maintained by
			 partial replacements, which shall in no case reduce the clearance available at
			 the time this order takes effect.
(h) When the owner shall replace in its
			 entirety the portion of a structure which has not previously provided standard
			 clearance, the rebuilt portion must, when complete, provide the full standard
			 clearance unless otherwise ordered by the commission.
(i) Existing tracks of all kinds may be
			 maintained by reballasting, resurfacing and replacing rails and ties subject to
			 the limitations of these rules. Where existing yards are completely replaced or
			 are partially replaced as a unit or section of a master plan, the arrangement
			 must meet the provisions of the rules both as to track centers and clearances
			 to structures and other facilities being built in connection with and as a part
			 of such plan. Existing structures which are to remain and which do not provide
			 the minimum clearance with respect to the proposed new track must be approved
			 by the commission for exemption from the requirements of these rules. Existing
			 tracks having less vertical clearance than that specified by these rules may be
			 maintained but the top of the rail may not be raised without a corresponding
			 raise of the overhead structure to maintain the existing available clearance.
			 Existing tracks having less horizontal clearance between them than is specified
			 for new construction or having less horizontal clearance to structures than is
			 specified by these rules may be maintained but they may not be shifted
			 horizontally to reduce either the existing track centers or the existing
			 structural clearance.