MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Highways and Transportation

By: Senator(s) Furniss

AN ACT TO PROVIDE SAFETY STANDARDS IN TERMINALS, YARDS, AND ALONG RIGHTS-OF-WAY OF RAILWAYS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In order to meet safety requirements, every commercial railroad shall maintain working areas in a safe condition in yards, terminals, within switching limits, and at other points where switching may be performed in the ordinary course of business.

(2) Any walkway in the area specified in subsection (1) above shall be deemed to be safe if it:

(a) Is approximately level with the top of the crossties for a distance of approximately six inches (6") and thereafter slopes at no greater than eight-to-one (8-1), or approximately seven (7) degrees;

(b) Extends for a distance of approximately ten feet (10') from the center line of track on both sides, except where a lesser distance is otherwise provided for clearance by law.

(c) Has a reasonably smooth surface. Stone or gravel surfacing next to main lines shall be such that one hundred percent (100%) will pass a two and one-half inch (2-1/2") screen, ninety-five to one hundred percent (95-100%) will pass a two inch (2") screen, thirty-five to seventy percent (35-70%) will pass a one and one-half inch (1-1/2") screen, fifteen percent (15%) or less will pass a one inch (1") screen, and zero to five percent (0-5%) will pass a one-half inch (1/2") screen.

Stone or gravel surfaces next to walkways adjacent to yard tracks, industrial tracks, team or piggy-back tracks shall be on the mixture commonly called three-fourths inch (3/4"), or may be such that one hundred percent (100%) is expected to pass a one inch (1") screen, ninety-five to one hundred percent (95-100%) will pass the three-fourths inch (3/4") screen, fifteen to twenty-five percent (15-25%) will pass the one-half inch (1/2") screen, and less than ten percent (10%) will be smaller than three-eighths inch (3/8").

(d) Is kept reasonably free of debris or other objects which pose a hazard to normal walking in the area.

(3) The safety or unsafety of any walkway in such areas which does not meet the standards specified in subsection (2) above shall be determined by the Mississippi Public Service Commission on a case-by-case basis under the procedures prescribed by law and the rules of the commission.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.