Title XXV — INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

389.005. Division, transferred to department of transportation. — Except as otherwise provided in this section and sections 104.805, 226.008, 389.610, and 621.040, all the powers, duties and functions of the division of motor carrier and railroad safety relating to rail transport…

389.007. Official Missouri railroad, when designated. — Any railroad which transverses the boundaries of Missouri and is domiciled within Missouri may be designated by the division of tourism as an official Missouri railroad. ­­-------- (L. 2003 S.B. 529 § 389.1020)

389.060. Ejection of passengers, when lawful. — If any passenger shall refuse to pay his fare, or shall behave in an offensive manner, or be guilty of repeated violations of the rules of the company, it shall be lawful for the conductor of the train and the servants of the corpor…

389.1005. Light rail safe operation, maintenance and use — division's powers and duties — funds to be used, how — operator to file statement. — 1. Except as otherwise provided in this subsection or in subsection 2 of this section, the division of motor carrier and railroad safety…

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 deposite…

389.300. To deliver and receive freight at crossing of other roads — to maintain switches — penalty for failure. — 1. Every railroad corporation organized or doing business under the laws of this state, or by the authority thereof, shall receive and deliver all grain or other fre…

389.310. Upon failure to furnish cars, shippers may furnish them — penalty for failure to return. — 1. Whenever any railroad corporation shall fail, neglect or refuse to furnish, within a reasonable time after demand of a station agent, sufficient cars to supply any party desirin…

389.320. Pooling prohibited. — It shall be unlawful for any common carrier, subject to the provisions of this chapter, to enter into any contract, agreement or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, …

389.540. Shipments of grain in bulk. — 1. Every railroad corporation which shall receive any grain in bulk for transportation to any place within the state shall transport and deliver the same to any consignee, elevator, warehouse or place to whom or to which it may be consigned …

389.550. Consignments to elevators declared temporary. — All consignments of grain to any elevator or public warehouse shall be held to be temporary, and subject to change by the consignee or consignor, at any time previous to the actual unloading of such property from the cars i…

[Repealed or reserved.]

389.570. No discrimination allowed in shipping grain — grain to be weighed and shortage made up. — Every railroad corporation chartered by or organized under the laws of this state, or doing business within the limits of the same, when desired by any person wishing to ship any gr…

389.580. Permission to erect structures or tract — violation, penalty — division may order track removed from service until in compliance. — 1. No railway or railroad corporation, county, municipality, township, or other corporation, firm or person shall hereafter erect or cause …

389.610. Railroad crossings construction and maintenance, highways and transportation commission to have exclusive power to regulate and provide standards — apportionment of cost. — 1. No public road, highway or street shall be constructed across the track of any railroad corpora…

389.612. Grade crossing safety account created — fee charged, amount — who must pay — purpose and use of fund — transfer to state road fund, when. — 1. The owner of a motor vehicle shall pay a railroad crossing safety fee of twenty-five cents when such person registers or renews …

389.614. Warning signals for crossings presumed adequate — duty of reasonable care required of railroads. — Railroad warning devices which are installed or maintained by order or by rule of the division of motor carrier and railroad safety are presumed to be adequate and appropri…

389.615. Study on grade crossing closures — due when — division may employ additional track safety specialists, when. — The division of motor carrier and railroad safety shall conduct a study to establish priorities for grade crossing closures and a plan for implementing grade cr…

389.620. Railroads required to pave right-of-way at street crossings. — Whenever any city, town or village in this state, whether acting under special charter or organized under the general incorporation laws relating to cities, towns and villages, shall, by ordinance duly enacte…

389.630. Railroad failing to pave, city to proceed, how. — If any such railroad corporation fail, neglect or refuse to grade, construct, reconstruct, pave, gutter, curb, or otherwise improve or repair any such street, alley, avenue, public highway or sidewalk, or part or parts th…

389.645. Crossing in city, town or village, division may regulate, when. — The division, upon application or complaint by a city, town or village, or upon its own motion, may regulate the crossing within a municipality of a highway, street or roadway with railroad tracks, require…

389.650. Lawful fences, gates, who may build — trespassers. — 1. Every railroad corporation formed or to be formed in this state, and every corporation to be formed under this chapter, or any railroad corporation running or operating any railroad in this state, shall erect and ma…

389.653. Trespass to railroad property, penalties. — 1. A person commits the offense of trespass to railroad property if such person: (1) Throws an object at a railroad train or rail-mounted work equipment; or (2) Maliciously or wantonly causes in any manner the derailment of a r…

389.660. Right-of-way to be drained — duty of railroad to construct and maintain ditches and drains — violations subject to injunction and damages, costs and expenses. — It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in this…

389.665. Right-of-way to be cleared of weeds and brush to prevent fires, violation, damages and costs — public grade crossings to be clear of vegetation and undergrowth. — 1. It shall be the duty of every corporation or person owning or operating any railroad or branch thereof in…

389.670. Storm sewers along railroad right-of-way in cities or towns under 30,000. — 1. It is hereby made the duty of every person, company or corporation, owning, operating or controlling any railroad or railroad right-of-way passing through any incorporated village, town or cit…

389.680. Railroad storm sewers — intersection with city sewer system. — 1. Whenever any such village, town or city shall, by ordinance, deem it necessary to construct any public or district sewer, it shall, after the passage of the ordinance deeming such work necessary, cause its…

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 proper…

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…

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 switch…

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 rail…

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 connecti…

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 ad…

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…

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…

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 railro…

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, lesse…

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 …

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 recei…

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, t…

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 al…

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…

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…

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 …

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 pass…

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 a…

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 crosse…

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 rail…

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 roadbe…

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…

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 r…