reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.120 - WAIVER OF MONIES DUE TO RAILROAD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.125 - INTRAMODAL COMPETITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.126 - INTERMODAL COMPETITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.127 - GEOGRAPHIC COMPETITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.128 - PRODUCT COMPETITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.132 - ZONE OF RATE FLEXIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.133 - MARKET DOMINANCE THRESHOLD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.134 - REASONABLENESS OF RATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.135 - BURDEN OF PROOF (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.136 - NONAPPLICABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.141 - CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.142 - GROUNDS FOR REVIEW OF CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.143 - FILING OF COMPLAINTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.144 - COMMISSION DECISION UPON REVIEW OF CONTRACT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.145 - APPROVAL DATE OF CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.146 - LIMITATION OF RIGHTS OF A RAIL CARRIER TO ENTER FUTURE CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.147 - ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.148 - LIMITATION ON AGRICULTURAL EQUIPMENT AND RELIEF (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.149 - SPECIAL TARIFF RULES FOR CONTRACTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.150 - CONTRACT AND CONTRACT TARIFF TITLE PAGE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.151 - CONTRACT TARIFF NUMBERING SYSTEM (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.152 - CONTRACT TARIFF CONTENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.153 - COMMON CARRIER RESPONSIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP,.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.156 - EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.162 - CONTRACT AND CONTRACT SUMMARY AVAILABILITY AND INFORMAL DISCOVERY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.163 - PRELIMINARY SHOWING REQUIRED FOR FORMAL CONTRACT DISCOVERY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.1 - Minimum Filing Standards for Railroad Rate Change Requests › Rule 38.4.164 - PROCEDURES FOR FORMAL CONTRACT DISCOVERY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111
					 and
					 69-14-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.3 - Discontinuance of Station Agents, Stations and Sidetracks › Rule 38.4.301 - DISCONTINUANCE OF STATION AGENTS, STATIONS AND SIDETRACKS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-1-110
					 and
					 69-2-101,
					 MCA; IMP, Secs.
					 69-1-102,
					 69-14-111,
					 69-14-117,
					 69-14-202,
					 69-14-813,
					 and
					 69-14-1001,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.401 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Subsequent to
				October 27, 1978, in all construction or reconstruction of tracks or structures
				adjacent thereto, on all railroads over which freight cars are transported or
				proposed to be transported, minimum clearances, hereinafter set forth, shall be
				allowed.
(2) A railroad company
				shall not operate freight cars, locomotives or other rolling equipment over
				tracks constructed subsequent to October 27, 1978, or tracks adjacent to
				buildings constructed or entirely reconstructed subsequent to that date,
				wherein the clearances are less than those prescribed in these
				regulations.
(3) Overhead
				clearances authorized in these regulations are applicable to tracks on which
				freight cars having a height to running board of fifteen (15) feet six (6)
				inches or less are transported. In the case of cars or loads exceeding fifteen
				(15) feet six (6) inches, ARM
				38.4.416(1) and
				38.4.417 must be complied
				with.
(4) Side clearances
				authorized in these regulations are applicable to tracks on which freight cars
				having an overall width not greater than ten (10) feet ten (10) inches are
				transported. In the case of cars or loads exceeding ten (10) feet ten (10)
				inches, ARM
				38.4.416(2) and
				38.4.417 must be complied
				with.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.402 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) When the overhead or side clearances
				between a track and any building, structure or facility are less than the
				minimum prescribed in these regulations but where created prior to October 27,
				1978, the minimum clearances prescribed herein shall be provided whenever the
				building, structure or facility is relocated or entirely reconstructed;
				however, the public service commission will consider specific requests for the
				future continuance of existing clearances at such reconstructed building,
				structure or facility when application thereof has been made as provided in (3)
				of this rule.
(2) Where restricted
				clearances are necessary nothing herein shall be construed as preventing the
				movement of material over tracks or placed adjacent to tracks when such
				material is necessary in the construction or maintenance of such tracks, nor in
				the movement of special work equipment used in the construction, maintenance or
				operation of the railroad, provided such movements shall be carried on under
				the conditions as are necessary to provide for the safety of all concerned; nor
				shall these rules be applicable, provided reasonable safety precautions are
				observed, during periods of actual emergency due to wrecks, derailments,
				washouts and like conditions.
(3)
				If in any particular case, exemption from any of the requirements herein is
				deemed necessary by the carrier concerned, the public service commission will
				consider the application of such carrier for such exemption when accompanied by
				a full statement of the conditions existing and the reason why such exemption
				is asked. Any exemption so granted will be limited to the particular case
				covered by the application.
(4) The
				public service commission reserves the right to modify after due notice to all
				interested parties any of the provisions of these regulations in specific
				cases, when, in its opinion, safety of railroad employees, public safety,
				convenience or necessity would be served by so doing.
(5) Locomotive terminal facilities and car
				shops are exempt from these regulations.
(6) It is not intended that ARM
				38.4.401 is adopted for the
				purpose of regulating industries other than common carrier railroads and street
				railroads. The common carrier railroads are not required by this order to
				police properties of industries other than those owned and operated by the
				carriers.
(7) Restricted clearances
				in the case of new construction or reconstruction of loading platforms owned
				and operated by industries, other than the common carriers, shall not be cause
				to refuse delivery or shipping facilities but each separate case may be called
				to the attention of the public service commission whereupon each case of
				restricted clearance shall be treated upon its merits.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.403 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Overhead clearance" is that distance
				measured along a line which is perpendicular to and joins a horizontal plane
				passing through the top of the highest rail and the lowest point of the
				overhead structure or obstruction.
(2) "Side clearance" is the shortest distance
				from centerline of track to a structure or obstruction at the side of the
				track.
(3) "Track clearance" is the
				shortest distance between the centerlines of adjacent tracks.
(4) "Height of a freight car" is the distance
				between the top of rail and the top of running board.
(5) "Width of a freight car" is twice the
				distance from the centerline of the car to the extreme outside part
				thereof.
(6) "Icing platforms." The
				term "Icing Platform" shall include structures used in performing the service
				of icing, precooling, heating, ventilating and servicing of cars used in the
				handling of commodities requiring the above services.
(7) "Constituted authority" shall mean the
				Public Service Commission of the State of Montana.
(8) "Overcrossing" when used in this rule
				means any point or place where a highway crosses a railroad by passing above
				the same. Clearances shall be as specified in ARM
				38.4.404 and ARM
				38.4.406.
(9) "Undercrossing" when used in this rule
				means any point or place where a highway crosses a railroad by passing under
				the same. Existing laws pertaining to highways shall prevail.
(10) "Enforcement" shall be by the Public
				Service Commission of the State of Montana.
(11) "Crossing." An intersection of a
				railroad and a public crossing in the same place, the means by which one
				crosses from one side of the railroad to the other.
(12) "Sidetrack or spurtrack." A track which
				extends a short distance from a main line on branch line, may serve one or more
				industries.
(13) "Station." A point
				designated in tariffs and time tables where train(s) may stop for traffic, or
				to enter or to leave main tracks(s), or from which fixed signals are operated,
				and where freight will be received from and delivered to the general
				public.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.404 - OVERHEAD CLEARANCE IN GENERAL

Current through Register Vol. 13, July 5, 2024
(1)
				Overhead clearance in general is required to be at least twenty-two (22) feet
				six (6) inches.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.405 - OVERHEAD CLEARANCE IN BUILDINGS

Current through Register Vol. 13, July 5, 2024
(1) The
				overhead clearance inside of entirely enclosed buildings may be reduced to
				eighteen (18) feet, provided that this clearance shall apply only to tracks
				terminating within the building, and further provided, that when an overhead
				clearance of less than twenty-two (22) feet six (6) inches is established
				therein, all cars, locomotives or other equipment shall be brought to a stop
				before entering such enclosed building, the conditions provided to require such
				stop to be approved by constituted authority.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.406 - OVERHEAD CLEARANCE IN TUNNELS AND BRIDGES

Current through Register Vol. 13, July 5, 2024
(1) Minimum overhead clearance in tunnels and
				through bridges may be decreased to the extent defined by the
				half-circumference of a circle having a radius of eight (8) feet and tangent to
				a horizontal line twenty-two (22) feet six (6) inches over top of rail at a
				point directly over the centerline of track.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.407 - OVERHEAD CLEARANCE - ALL OTHER STRUCTURES

Current through Register Vol. 13, July 5, 2024
(1) Minimum overhead clearance as prescribed
				in ARM 38.4.404 may be decreased to the
				extent defined by the half-circumference of a circle having a radius of eight
				(8) feet six (6) inches and tangent to a horizontal line twenty-two (22) feet
				six (6) inches above top of rail at a point directly over the centerline of
				track.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.408 - OVERHEAD CLEARANCE OF WIRES

Current through Register Vol. 13, July 5, 2024
(1) All
				wires in general shall have a minimum vertical clearance of not less than that
				specified by the National Electrical Safety Codes as published by the U.S.
				Department of Commerce, National Bureau of Standards, or any revisions or
				amendments thereto.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.409 - SIDE CLEARANCES IN GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Side clearance
				in general is required to be at least eight (8) feet six (6) inches.
(2) To further reduce operational hazards, it
				is recommended that, wherever practicable, all posts, pipes, warning signs and
				other small obstructions be given a side clearance of ten (10) feet.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.410 - SIDE CLEARANCE AT PLATFORMS

Current through Register Vol. 13, July 5, 2024
(1) Platforms eight
				(8) inches or less above top rail require at least four (4) feet eight (8)
				inches clearance.
(2) Platforms
				four (4) feet or less above top rail require at least five (5) feet nine (9)
				inches or seven (7) feet three (3) inches clearance. Whether the five (5) feet
				nine (9) inches or seven (7) feet three (3) inches clearance shall be used in
				any particular case shall be at the discretion of this Commission. Such
				determination will be made upon written application by the railroad setting
				forth the details of each particular installation.
(3) Platforms four (4) feet six (6) inches or
				less above top of rail--when used principally for loading or unloading
				refrigerator cars require at least eight (8) feet clearance.
(4) Icing platforms and supports require at
				least five (5) feet nine (9) inches clearance.
(5) Platforms other than as set out above
				require at least eight (8) feet six (6) inches clearance.
(6) Retractable platforms, either sliding or
				hinged, which are attached to a permanent structure shall be so designed that
				when not in use no part of such retractable platform shall fall within the
				clearance limits herein prescribed for a platform of that height above the top
				of the rail.
(7) Platforms defined
				under (1) above may be combined with either (2) or (3) provided that the lower
				platform present a level surface from a point not more than four (4) feet eight
				(8) inches from centerline of track to the face of the wall of the platform
				with which it is combined. No other combinations will be permitted.
(8) Platforms which were constructed prior to
				October 27, 1978, may be extended at existing clearances.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.411 - SIDE CLEARANCE - BRIDGES AND TUNNELS

Current through Register Vol. 13, July 5, 2024
(1) The
				minimum side clearance for bridges and tunnels is eight (8) feet.
(2) For required clearance of upper section
				of bridges and tunnels see ARM
				38.4.406.
(3) Side clearance in through bridges and
				tunnels may be decreased to the extent defined by the half circumference of a
				circle having a radius of eight (8) feet and tangent to a horizontal line
				twenty-two (22) feet six (6) inches above top of rail directly above centerline
				of track.
(4) Bridges--Lower
				section and structures four (4) feet high or less. Through bridges supporting
				track affected, hand rails, water barrels and refuge platforms on bridges and
				trestles, water columns, oil columns, block signals, cattle guards and cattle
				chutes, or portions thereof, four (4) feet or less above top of rail may have
				clearances decreased to the extent defined by a line extending diagonally
				upward from a point level with the top of rail and five (5) feet distant
				laterally from centerline of track to a point four (4) feet above top of rail
				and eight (8) feet distant laterally from centerline of track: Provided that
				the minimum clearance for hand rails and water barrels shall be seven (7) feet
				six (6) inches and the minimum clearance for fences of cattle guards shall be
				six (6) feet nine (9) inches.
(5)
				Clearances authorized in (4), except as provided for hand rails and water
				barrels, shall not be permitted on any new or entirely reconstructed through
				bridges where the work of trainmen or yardmen requires them to be upon the
				decks of such bridges for the purpose of coupling or uncoupling cars in the
				performance of switching service on a switching lead.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.412 - SIDE CLEARANCE - MATERIAL OR MERCHANDISE

Current through Register Vol. 13, July 5, 2024
(1) No
				merchandise, material or other articles shall be placed or stored on ground or
				platforms adjacent to any track at a distance less than eight (8) feet six (6)
				inches from the centerline of track, except in cases of maintenance or
				emergency when such material is to be used within a reasonable period of time
				or where local conditions make compliance with this note impossible.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.413 - SIDE CLEARANCE - MISCELLANEOUS

Current through Register Vol. 13, July 5, 2024
(1) Cattle guards
				and cattle chutes (see ARM
				38.4.411(4) and
				(5).)
(2) Hand rails on bridges and trestles (see
				ARM 38.4.411(4).)
(3) Switch boxes, switch operating mechanism
				necessary for the control and operation of signals and interlockers projecting
				four (4) inches or less above the top of the rail require a minimum clearance
				of three (3) feet.
(4) Mail cranes
				and train order stands when not in operative position require a minimum
				clearance of eight (8) feet six (6) inches.
(5) Oil columns require a minimum clearance
				of eight (8) feet (see ARM
				38.4.411(4) and
				(5).)
(6) Poles supporting trolley contact require
				a minimum clearance of eight (8) feet three (3) inches. Conductors supplying
				motive power to track affected--of bracket construction.
(7) Poles other than trolley poles require a
				minimum clearance of eight (8) feet six (6) inches.
(8) Signals and switch stands three (3) feet
				high or less when located between tracks where not practicable to provide
				clearances otherwise prescribed in this order require a minimum clearance of
				six (6) feet.
(9) Signals and
				switch stands other than in (8) above require a minimum clearance of eight (8)
				feet.
(10) Water barrels on bridges
				(see ARM 38.4.411(4) an
				(5).)
(11) Water columns require a
				minimum clearance of eight (8) feet (see ARM
				38.4.411(4) and
				(5).)
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.414 - SIDE CLEARANCES ON CURVED TRACK

Current through Register Vol. 13, July 5, 2024
(1) Side
				clearances on all structures adjacent to curved track shall be increased as
				necessary to give the equivalent of tangent track clearances.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.415 - TRACK CLEARANCE

Current through Register Vol. 13, July 5, 2024
(1) The minimum
				distance between the centerlines of parallel standard gauge railroad tracks,
				which are used or proposed to be used for transporting cars, engines, motors or
				like equipment, shall be fourteen (14) feet, except as hereinafter
				prescribed.
(2) The centerline of
				any standard guage track, except a main track or a passing track, parallel and
				adjacent to a main track or a passing track, shall be at least fifteen (15)
				feet from the centerline of such main track or passing track; provided,
				however, that where a passing track is adjacent to and at least fifteen (15)
				feet distant from the main track, any other track may be constructed adjacent
				to such passing track with clearance prescribed in (1) of this rule.
(3) Minimum clearances between centerlines of
				parallel team, house or industry tracks shall be thirteen (13) feet.
(4) The centerline of any standard gauge
				ladder track constructed parallel to any other track, shall have a clearance of
				not less than twenty (20) feet from the centerline of such other
				track.
(5) Existing tracks may be
				extended at clearances existing prior to October 27, 1978.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.4 - Train Clearance; Platform Clearance › Rule 38.4.416 - MARKING OF CARS OF EXCESS SIZE

Current through Register Vol. 13, July 5, 2024
(1) Each car of
				a height exceeding fifteen (15) feet six (6) inches from top of rail to top of
				running board, the movement of which is hereby authorized, shall be marked,
				stenciled or placarded, and such markings maintained in a legible condition to
				read:
"THIS CAR EXCESS HEIGHT"
The words "EXCESS HEIGHT" to occupy the greater portion of a
				  rectangular space 7" x 10" enclosed within a 3/4" solid border. The markings
				  required shall be made permanent on owned cars as soon as practicable.
				  Lettering and border of signs shall be of colors contrasting to that of the car
				  body. All such required marking and placarding shall be placed on the side
				  adjacent to the ladder or hand-holds near the floor line of the car at each of
				  the four corners.
(2) Each
				car of a width exceeding ten (10) feet ten (10) inches, the movement of which
				is hereby authorized, shall be marked, stenciled or placarded and such markings
				maintained in a legible condition to read: "THIS CAR EXCESS WIDTH"
The words "EXCESS WIDTH" to occupy the greater portion of a
				  rectangular space 7" x 10" enclosed within a 3/4" solid border. The markings
				  required shall be made permanent on owned cars as soon as practicable.
				  Lettering and border of signs shall be of colors contrasting to that of the car
				  body. All such required marking and placarding shall be placed on the side
				  adjacent to the ladder or handholds near the floor line of the car at each of
				  the four corners.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The words and phrases used herein shall
				be construed as follows, unless the context shall otherwise require;
(a) The term "localized facilities," when
				used herein, shall mean those facilities of sanitation or shelter for the
				welfare and health of railroad employees, including but not limited to
				trainmen, enginemen, yardmen, maintenance of way employees, highway crossing
				watchmen, clerical, platform, freight house and express employees, station
				agents and telegraphers, which facilities are to be maintained at points where
				employees are required to report for duty or are relieved from duty.
(b) The term "highway crossing shanty," when
				used herein, shall mean a building at which public highway crossing watchmen
				are regularly stationed for performance of their duties.
(c) The term "running facilities," when used
				herein, shall mean those facilities of sanitation or shelter to be maintained
				on engines, trains or cabooses for the welfare and health of railroad trainmen,
				enginemen and yardmen.
(d) The term
				"camp facilities," when used herein, shall mean those facilities of sanitation
				or shelter for the welfare and health of maintenance of way employees, when
				such facilities are to be maintained at railroad camps of a permanent or
				seasonal nature, or are located in moveable cars when used for housing
				maintenance of way employees.
(e)
				The term "crossing watchmen," when used herein, shall include such employees,
				except members of train and yard crews, as are used in the flagging of public
				highway crossings or in the actual operation of manually controlled gates,
				public highway crossing signals, or other appurtenances having to do with the
				protection of such crossings.
(f)
				The term "tool house or shelter facilities," when used herein, shall mean the
				shelter facilities maintained for maintenance of way employees at points where
				such employees report for duty or are relieved from duty.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.503 - RUNNING FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Cabooses and
				locomotives used in road service must be provided with toilet facilities,
				toilets to be of retention type, where a locomotive consists of one or more
				road diesel units, the lead unit shall be equipped with toilet facilities.
(a) All new road diesel units and cabooses
				intended for road service (not including yard switch engines or cabooses used
				entirely within yard service) contracted for and purchased subsequent to May 1,
				1978, shall be equipped with toilet facilities. Such sanitary facilities shall
				be kept reasonably clean and in sanitary condition.
(b) All yard diesels shall have the floors
				cleaned and the windows washed at reasonable intervals.
(c) Cabooses shall be maintained in a clean
				and sanitary condition, provided that it shall be the duty of the employees to
				keep any assigned cabooses cleaned and sanitary and the employer shall offer
				such cleaning supplies as are reasonably necessary to maintain a clean and
				sanitary condition in such assigned cabooses.
(d) An adequate supply of cool, safe, water,
				satisfactory for drinking purposes shall be made available for the use of
				trainmen, enginemen and yardmen. Suitable sanitary containers, equipped with a
				faucet or other dispenser, shall be maintained on cabooses and locomotives, and
				single-service paper drinking cups shall be furnished by the company.
(e) Every caboose used in any train in this
				state, regardless of service, shall be provided with a stove or other adequate
				means of heating, properly ventilated. A sufficient amount of fuel for the trip
				or shift shall be made available.
(f) Cabooses contracted for and purchased
				after May 1, 1978, shall be equipped with washing facilities, for washing face
				and hands.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.504 - CROSSING WATCHMEN FACILITIES

Current through Register Vol. 13, July 5, 2024
(1}
				Adequate shelter shall be furnished for crossing watchmen, and said shelter
				shall be properly sealed and heated.
(2) If, in the judgment of the Commission, it
				is practical, toilet and washing facilities will be furnished as the commission
				may require, after inspection and agreement or hearing in the matter.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.505 - CAMP FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) When employees
				are furnished meals in camp cars, as hereinbefore defined, adequate sanitary
				facilities and space shall be provided.
(2) Where cars, other than passenger coaches,
				are furnished for sleeping quarters, each occupant of said car shall have a
				minimum of 250 cubic feet of air space. Where passenger coaches are furnished,
				the Commission may designate the number of men to be housed in each
				coach.
(3) All camp cars will be
				properly heated, ventilated, sealed and lighted; where possible camp cars shall
				be electrically lighted and, during the period of the year in which insects are
				prevalent, the doors and windows will be screened.
(4) All extra and permanent gangs will be
				furnished with shower car, with running hot and cold water. Adequate toilet
				facilities will be furnished for all employees.
(5) Assignment of a camp man or janitor by
				the employer in all gangs over twenty (20) men will be made for the purpose of
				keeping the cars and grounds in a clean and sanitary manner.
(6) When extra and permanent gangs are
				furnished with kitchen car or cars, the same shall be well equipped with
				adequate kitchen facilities. Such kitchen cars shall be maintained in a clean
				and sanitary condition.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.506 - TOOL HOUSE OR SHELTER FACILITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Adequate shelter facilities, located in tool houses or other suitable
				buildings, consisting, as in the individual case may be necessary, of the
				following appliances, installed and maintained as specified, shall be furnished
				by all railroad companies under the jurisdiction of this Commission for
				regularly assigned maintenance of way employees, at points where such employees
				are required to report for duty or are relieved from duty, as, in the judgment
				of the commission, after investigation, and hearing, such facilities, or any of
				them, are necessary for the welfare and health of the above mentioned
				employees:
(a) There shall be provided space,
				adequate for the number of employees using said facilities, where employees may
				change their clothing, furnished with tables and benches or chairs in
				accordance with the number of employees using the facilities. Where lockers are
				not now provided, a sufficient number of metal lockers shall be provided to
				meet the requirements of said employees.
(b) During the period of the year in which
				insects are prevalent, screens will be furnished for the windows and
				doors.
(c) The space designated as
				shelter will be partitioned, sealed and adequately heated and
				lighted.
(d) Where running water
				and sewerage facilities are reasonably available, flush toilets and washing
				facilities will be provided. Otherwise, an outside toilet will be furnished and
				maintained in accordance with the provisions of ARM
				38.4.507, provided, however, the
				provisions of this sub-section shall not be applicable where toilets and
				washing facilities are otherwise made reasonably available for maintenance of
				way employees.
(e) If necessary, a
				sufficient supply of safe running or well water will be made reasonably
				available, and single service paper drinking cups will be furnished.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.507 - CONSTRUCTION AND MAINTENANCE OF OUTSIDE TOILETS

Current through Register Vol. 13, July 5, 2024
(1) The installation and maintenance of
				outside toilet facilities for use by employees coming under the provisions of
				69-14-116,
				MCA, will be permitted in those situations where it is found otherwise
				impractical to install inside toilet facilities.
(2) Where outside toilets are installed and
				maintained in accordance with the above paragraph, they shall be located on
				ground that is well drained and where their location will in no way endanger
				the public health.
(3) A suitable
				approach shall be provided.
(4) All
				windows, ventilators, and other openings, except doors, shall be screened to
				prevent the entrance of insects. A separate ventilator duct, with hood, shall
				be provided for the vault, and shall extend above the roof. The outside of the
				structure shall be banked to prevent the entrance of rodents.
(5) The entire installation must be kept
				clean and sanitary. Milk of lime (freshly slaked lime), or other equally
				effective disinfectant, shall be used in the vault and in the urinal trough, in
				sufficient quantities and at frequent intervals. The floors, seats and urinals
				must be scrubbed as often as necessary. A self closing door must be provided
				and the structure must be of tight construction.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.508 - EXISTING SHELTERS AND SANITARY FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Any shelter and sanitary facilities which
				have been constructed and are presently being maintained in accordance with an
				agreement heretofore entered into between the parties in interest, shall be
				deemed a complete compliance with these rules and regulations, until such time
				as a specific complaint is filed with the Commission claiming that, on account
				of changes made in the uses of the facilities, such facilities are inadequate.
				Provided, nothing herein shall be construed to abrogate or limit any agreement
				between the interested parties now in effect which provides for better or more
				adequate facilities, or to prevent the negotiation of such an agreement in the
				future.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.509 - APPLICATION FOR RELIEF FROM ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Any
				railroad company being of the opinion that the application or enforcement of
				this order, or any part thereof, at any particular place, will be unjust or
				unreasonable, may apply to the commission for relief therefrom, and the
				commission may, by written order, after notice and hearing, relieve said
				railroad company from the application of this order, or any part thereof, at
				such place or modify the same in such manner and to such extent as shall be
				just and reasonable.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.510 - REASONABLE TIME TO COMPLY UPON DETERMINATION OF INADEQUATE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) In the absence of specific complaint,
				present facilities shall be deemed adequate. In the event of a complaint filed
				hereafter in respect of such facilities, and the commission shall find, after
				notice and hearing, the same inadequate, the railroad company involved shall
				have a reasonable time in which to complete the work required in the light of
				the then existing situation, circumstances and conditions.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.511 - PETITION TO COMMISSION UPON FAILURE TO COMPLY

Current through Register Vol. 13, July 5, 2024
(1) If a complaint within the purview of
				these rules is not satisfactorily adjusted after a period of thirty (30) days
				following the written notice thereof to the division superintendent by an
				authorized member of a legislative committee representing employees of a
				company to which these rules and regulations apply; or, in the absence of any
				legislative committee representative, some other properly authorized
				representative; the Montana public service commission, upon proper petition and
				hearing, may issue an order directing that conditions complained of be
				corrected. When a hearing on such petition and complaint is ordered held by
				such commission, due and proper notice shall be given to all interested
				parties, and the complaining and petitioning party will have the burden of
				establishing the fact of which it complains.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.4 - RAILROADS › Subchapter 38.4.5 - Sanitation and Adequate Shelter For Certain Railroad Employees › Rule 38.4.512 - COMMISSION SHALL HAVE AUTHORITY TO INTERPRET RULES

Current through Register Vol. 13, July 5, 2024
(1) In the event of any dispute or
				disagreement between any employee and any employer as to the intent, meaning
				and interpretation of any or all of the rules hereinabove set forth, the
				commission reserves unto itself the right to set a hearing thereon, and to
				issue appropriate order or orders, so as to effectuate and carry out the intent
				and purpose of said rules.
Sec.
					 69-14-116,
					 MCA; IMP, Sec.
					 69-14-116,
					 MCA;