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) except as provided in 69-14-620, 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 the distance from the crossing provided in 61-8-347; or
     (e) willfully fails to make any report required by law.
     (2) For the purposes of subsection (1)(d):
     (a) the horn and bell must be sounded from the specified point until the crossing is occupied, but if a train has stopped within 1,320 feet of a crossing, the horn and bell must be sounded for a minimum of 15 seconds prior to the train occupying the crossing;
     (b) the railroad corporation shall erect and maintain a sign at a minimum of 1,320 feet in advance of a crossing at which the horn and bell are required to be sounded to notify the locomotive crew in advance of a crossing that requires the locomotive horn and bell to be sounded;
     (c) 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 a private crossing, the railroad shall comply with the request, but the owner or permitholder is not subject to any liability as a result of not making a request; and
     (d) the phrase "public highway, public road, or public railroad crossing" means that the easement, right-of-way, or fee title for the public highway, public road, or public railroad crossing is held in the name of a federal, state, tribal, or local government entity on both sides of the crossing and that the easement, right-of-way, or fee title is recorded in the office of the clerk and recorder in the county where the crossing is located.
     (3) 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; amd. Sec. 1, Ch. 303, L. 2003; amd. Sec. 3, Ch. 527, L. 2003.