SENATE BILL NO. 348
INTRODUCED BY J. ELLIOTT, P. CLARK, DEPRATU, MAHLUM
AN ACT CLARIFYING THE REQUIREMENT THAT LOCOMOTIVES SOUND THEIR HORNS AT PUBLIC ROAD AND HIGHWAY CROSSINGS; ELIMINATING OBSOLETE OR ARCHAIC REQUIREMENTS FOR RAILROADS AND THOSE REQUIREMENTS THAT ARE FEDERALLY PREEMPTED; AND AMENDING SECTION 69-14-562, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 69-14-562, MCA, is amended to read:
"69-14-562. Regulation of health and safety on railroads. (1) Any A railroad corporation within this state shall be
deemed is guilty of a misdemeanor and upon conviction thereof shall be fined for the first offense in the sum of $1,000, for
the second violation of the same provision, $2,000, and for every other and further violation of any provision of which it
has been twice before found guilty, a sum not less than $5,000 or more than $10,000, if the corporation shall is subject to
the penalties provided in subsection (2) if the corporation:
(1) neglect (a) neglects to provide comfortable and convenient cars or coaches for the transportation of its passengers
and their baggage or safe cars for the transportation of express matter and freight;
(2) use any highly inflammable oils for lighting any car on its passenger trains;
(3) transport within this state on any of its passenger cars any oil of vitriol, gunpowder, lucifer matches, nitroglycerine,
glynon oil, nytroleum or blasting oil, nitrate oil, powder mixed with any such oil or fiber saturated therewith, duolin or
giant powder, blasting powder, or other goods of a dangerous nature;
(4) in any incorporated city or town in this state, run any train at a rate of speed forbidden by the laws of this state or the
ordinances of such city or town;
(5)(b) run any runs a train over any an unsafe bridge, trestlework, or aqueduct in this state;
(6) fail (c) fails to have upon any a locomotive in use by it in this state equipped with a bell and whistle a properly
functioning horn and bell in fit condition for use thereon;
(7) permit (d) permits any a locomotive to approach any a public highway, public road, or public railroad crossing
without causing the whistle locomotive horn and bell to be sounded at a point between 50 and 80 rods 1,320 feet from the
crossing, the bell horn and bell to be rung sounded from said the specified point until the crossing is reached;. If the owner
or permitholder of a private crossing makes a written request to the railroad corporation to have the locomotive horn and
bell sounded at the private crossing, the railroad shall comply with the request. The owner or permitholder is not subject to
any liability as a result of not making a request.
(8)(e) willfully fail fails to make any report herein required by law or which may be hereafter required by any law of
this state.
(2) Upon conviction of the offenses provided in subsection (1), a railroad corporation is subject to a fine of:
(a) $1,000 for the first offense;
(b) $2,000 for the second violation of the same provision; and
(c) not less than $5,000 or more than $10,000 for subsequent violations of a provision for which it has twice been found guilty."
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Latest Version of SB 348 (SB0348.ENR)
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