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[Utah Code Table of Contents]
[TITLE 56. Table of Contents]
56-2-1 Definitions.
As used in this chapter:
(1) "Broken or defective" means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported.
(2) "Local yard service" means the movement of any car,
coach, locomotive or other rolling stock in the railroad
yards of any railroad company and between the railroad yards
of one or more railroad companies where the distance does
not exceed eight miles.
1987
56-2-2 Movement of defective rolling stock prohibited - Exceptions.
It shall be unlawful for any railroad corporation operating
or in control of the operation of any railroad within the
state of Utah to haul or transport or cause to be hauled
or transported any broken or defective car, coach, locomotive
or other rolling stock owned, leased or controlled by said
railroad company or any broken or defective car, coach, locomotive
or other rolling stock in the control or subject to the orders
of said railroad company within the state of Utah, except
that this act shall not apply to prevent the movement of
such defective cars or equipment in case of fire, strikes
or by an act of God where the movement of such defective
equipment is required by any statute of the Congress of the
United States, or where such cars or equipment are loaded
for movement and will not move on their own wheels in such
transportation. This act shall not be applicable to the movement
of defective cars or equipment in local yard service or where
the defects in the rolling stock shall occur while in transit,
but such defective cars and equipment shall not be moved
or transported a greater distance than the nearest repair
point within this state where said company maintains shops
equipped to repair such defect.
1953
56-2-3 Penalties.
Every railroad corporation guilty of transporting defective
cars or equipment within the state is guilty of a class B
misdemeanor. Every offense is punishable by a fine not less
than $250, and the person or employee of the corporation
responsible for permitting the broken or defective car to
go into transit and to be transported within the state of
Utah is guilty of a class A misdemeanor.
1991
56-2-4 Enforcement of provisions.
The Department of Transportation shall investigate and
the Public Service Commission of Utah is hereby required
to enforce the provisions of this act, within their respective
jurisdictions, and for such purposes are hereby authorized
to employ such necessary officials, investigators and inspectors
as shall be necessary to provide for the enforcement thereof.
And said commission and department are hereby empowered to
prescribe the salaries and duties of such officers, investigators
and inspectors.
1975
56-2-5 Construction of chapter.
It is hereby declared that this act is passed for the
purpose of preserving the safety of the public and of employees
engaged in the service of railroad companies and to render
less dangerous the performance of duties of such employees.
1953
56-2-6 Fencing rights of way to protect livestock - Power of Public Service Commission to require.
The Public Service Commission shall have the jurisdiction
and authority to require every railroad company or corporation
operating any steam or electric railroad in this state to
erect and maintain fences on each side or either side of
such railroad, where such railroad is not now required by
law to erect and maintain fences, at such places as the commission
shall determine such fences to be necessary to protect sheep,
cattle, horses or mules or any other domestic animal being
driven, ranged or grazed upon lands adjacent to such railroad
from being wounded, maimed or killed by the operation or
management of engines, cars or other rolling stock upon or
over such railroad, with necessary openings and gates in
such fences, and crossings and cattle guards.
1953
56-2-7 Exercise of fencing power by commission - Necessity of application by livestock owners.
The Public Service Commission may exercise the jurisdiction
and authority granted in Section
56-2-6
only when at least three persons with the right
to drive, range, or graze sheep, cattle, horses, or mules
upon land adjacent to the portion of the railroad sought
to be fenced file a request for agency action with the Public
Service Commission.
1987
56-2-8 Contents of livestock owners' application for fencing.
In addition to the information required by Title 63, Chapter 46b, the request for agency action shall:
(1) identify the lands;
(2) identify the name and address of the owner of the lands;
(3) if any of the lands are owned by the United States or the state of Utah, designate the agency or department of government that administers the lands;
(4) identify the nature of the right of each petitioner to drive, range, or graze sheep, cattle, horses, or mules on the lands; and
(5) specify the ownership of the railroad sought to be
fenced.
1987
56-2-11 Modification or revocation of commission's orders requiring fencing.
Such commission shall also have the jurisdiction and authority
to modify or revoke any such order when upon its determination
the necessity for any such fence shall cease to exist.
1953
56-2-12 Liability for railroad's noncompliance with commission's fencing orders.
The failure of any railroad company or corporation to
comply with any order of the commission authorized by this
act shall not subject such noncomplying railroad company
or corporation, or any of its officers, agents or employees,
to any of the penalties prescribed in Sections
54-7-25
and
54-7-26
, Utah Code Annotated 1953, but shall subject
such company or corporation to the liability prescribed by
Section
56-1-13
, Utah Code Annotated 1953.
1953
