TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 14. RAILROADS

Part 9. Grain and Commodity Storage and Transportation

Action By Shipper To Render Cars Suitable

69-14-922. Action by shipper to render cars suitable. (1) If a railroad or railway company fails within 24 hours after written complaint has been made by the shipper or the shipper's representative to clean and prepare a car or cars, then the shipper or the shipper's representative may properly and safely clean and prepare the car or cars. Preparing a car or cars may not include repairs covered in 49 CFR, parts 200 through 399. The railroad or railway company shall pay for the labor expended in the cleaning or preparation and the actual cost of material used.

(2) If a car or cars are placed at a station or siding where there is no representative of the railroad or railway company upon whom complaint may be served, then the shipper or the shipper's representative may at once clean and repair the cars and must be paid for the labor and material expended, as provided in subsection (1).

History: (1)En. Sec. 3, Ch. 52, L. 1917; re-en. Sec. 6615, R.C.M. 1921; re-en. Sec. 6615, R.C.M. 1935; Sec. 72-658, R.C.M. 1947; (2)En. Sec. 4, Ch. 52, L. 1917; re-en. Sec. 6616, R.C.M. 1921; re-en. Sec. 6616, R.C.M. 1935; Sec. 72-659, R.C.M. 1947; R.C.M. 1947, 72-658, 72-659; amd. Sec. 15, Ch. 235, L. 1997.