69-14-562. Regulation of safety on railroads. (1) A railroad corporation within this state is guilty of a misdemeanor and upon conviction is subject to the penalties provided in subsection (2) if the corporation:
     (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;
     (b) runs a train over an unsafe bridge, trestlework, or aqueduct;
     (c) fails to have a locomotive in use by it equipped with a properly functioning horn and bell;
     (d) permits a locomotive to approach a public highway, public road, or public railroad crossing without causing the locomotive horn and bell to be sounded at a point 1,320 feet from the crossing, the horn and bell to be sounded from 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.
     (e) willfully fails to make any report required by law.
     (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.

     History: En. Sec. 23, p. 104, Ex. L. 1873; re-en. Sec. 321, 5th Div. Rev. Stat. 1879; re-en. Sec. 700, 5th Div. Comp. Stat. 1887; amd. Sec. 908, Civ. C. 1895; amd. Sec. 1, Ch. 66, L. 1903; re-en. Sec. 4289, Rev. C. 1907; re-en. Sec. 6521, R.C.M. 1921; amd. Sec. 1, Ch. 7, L. 1929; re-en. Sec. 6521, R.C.M. 1935; R.C.M. 1947, 72-219(part); amd. Sec. 1, Ch. 477, L. 2001.