This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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) .)

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(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.

(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.

(1) Each open top car containing lading of a height exceeding fifteen (15) feet six (6) inches above top of rail, or which extends laterally more than five (5) feet five (5) inches from the centerline of the car, 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�����������������������������������������������������������������������"THIS CAR

EXCESS����������������������������������OR����������������������������������EXCESS

HEIGHT"���������������������������������������������������������������������������WIDTH"

The words "EXCESS HEIGHT" or "EXCESS WIDTH" to occupy the greater portion of a space 7" x 10" enclosed within a 3/4" solid border. Letters and border to be of contrasting colors. All such required markings 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 where practicable, and in addition one each of such signs shall be placed on each side of the load in a conspicuous position.

(2) The movement of open top cars containing lading which extends laterally in excess of five (5) feet five (5) inches is hereby authorized only if the lading is of such a nature that it cannot practically be reduced in dimensions.

(3) The movement of all open top cars having lading in excess of fifteen (15) feet six (6) inches in height, or which extends laterally in excess of five (5) feet five and one half (5�) inches from centerline of car will be authorized by written notice stating the total number of such cars, and advising that no member of the train crew is required to ride on top of such high car or the side of any such wide car.

(4) A written notice shall be delivered to every train containing any car, the lading of which extends laterally in excess of 5'5�" from the centerline of the car or in excess of 15'6" in height above top of rails, informing the crew of the train that the train includes such car or cars, stating the total number thereof and advising that no member of the train crew is required to ride on the side of any such wide car or top of any such high car.

(5) Yard Supervisors shall be given notification sufficiently in advance of the arrival of such wide loads as described in (3) as to enable them to take necessary precautions to safeguard employees in yard.

(6) Open top cars containing lading having an overall height in excess of fifteen (15) feet six (6) inches above top of rail, if otherwise in compliance with these requirements, and the nature of which precludes the possibility of employees passing over the cars, are exempt from the provisions of (3) , (4) , and (5) , but written notice must be given to all members of train crew informing them of the presence of such loads.

(7) Exemptions. The common carrier railroads are hereby authorized to move excess height loads and width loads, as described in (1) over roads or portions thereof, without complying with the provisions of (1) , provided that clearances equivalent to the minimum herein prescribed for cars having a height of fifteen (15) feet six (6) inches and width of ten (10) feet ten (10) inches are maintained.

(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.

(a) There shall be provided a locker room where the employees may change their clothing, which shall be separated by solid partition from any toilet room then existing or which will be provided under the provisions of these regulations. The area of such room shall not be less than eighty (80) square feet of clear floor space for ten (10) employees, and adequate space to be added for additional employees. Necessary benches and tables shall be provided.

(b) Where lockers are not now provided, a sufficient number of lockers shall be provided, the dimensions of which shall not be less than seventy-two (72) inches high, twelve (12) inches wide and eighteen (18) inches deep, save that, in such locations where larger lockers shall be deemed necessary, they shall be provided as shall be agreed to between the Railroad Company and its employees. Said lockers shall be equipped on the inside with a top shelf, and not less than one clothes hook on each side, a hanger bar, and also sufficient openings in the door for the purpose of ventilation.

(c) Where running water and sewers are available under reasonable conditions, or where physical conditions and ordinances permit the use of septic tanks in lieu of sewers, sufficient wash bowls and flush toilets shall be provided.

(d) If practical, every toilet room shall be so located as to open to the outside light and air by windows or skylights.

(e) All inside toilet facilities shall be made of materials impervious and resistant to moisture, and shall be fitted with individual flush systems. In the case of urinals, the water may be allowed to run continuously.

(f) The walls of compartments or partitions between toilets may be less than room height, but the top shall not be less than five (5) feet from the floor and the bottom not more than one (1) foot from the floor.

(g) An adequate supply of cool, sanitary water, satisfactory for drinking purposes, shall be made available to all employees. When necessary, this water shall be provided in suitable, sanitary containers, conveniently placed for the use of the above mentioned employees, and each container will be equipped with a faucet or other dispenser. The Company shall furnish single service paper drinking cups.

(h) Locker and toilet rooms shall be adequately heated, ventilated, lighted, and provided with screens, and said facilities shall be kept reasonably clean by the employer.

(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.

(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.

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(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.

(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.

(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.

(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.

(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.

(2) In addition to immediate notification, each company shall file a copy of the preliminary accident report form with the commission, for each such accident.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.