38.4.402    EXEMPTIONS

(1) When the overhead or side clearances between a track and any building, structure or facility are less than the minimum prescribed in these regulations but where created prior to October 27, 1978, the minimum clearances prescribed herein shall be provided whenever the building, structure or facility is relocated or entirely reconstructed; however, the public service commission will consider specific requests for the future continuance of existing clearances at such reconstructed building, structure or facility when application thereof has been made as provided in (3) of this rule.

(2) Where restricted clearances are necessary nothing herein shall be construed as preventing the movement of material over tracks or placed adjacent to tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under the conditions as are necessary to provide for the safety of all concerned; nor shall these rules be applicable, provided reasonable safety precautions are observed, during periods of actual emergency due to wrecks, derailments, washouts and like conditions.

(3) If in any particular case, exemption from any of the requirements herein is deemed necessary by the carrier concerned, the public service commission will consider the application of such carrier for such exemption when accompanied by a full statement of the conditions existing and the reason why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.

(4) The public service commission reserves the right to modify after due notice to all interested parties any of the provisions of these regulations in specific cases, when, in its opinion, safety of railroad employees, public safety, convenience or necessity would be served by so doing.

(5) Locomotive terminal facilities and car shops are exempt from these regulations.

(6) It is not intended that ARM 38.4.401 is adopted for the purpose of regulating industries other than common carrier railroads and street railroads. The common carrier railroads are not required by this order to police properties of industries other than those owned and operated by the carriers.

(7) Restricted clearances in the case of new construction or reconstruction of loading platforms owned and operated by industries, other than the common carriers, shall not be cause to refuse delivery or shipping facilities but each separate case may be called to the attention of the public service commission whereupon each case of restricted clearance shall be treated upon its merits.

History: Sec. 69-14-116, MCA; IMP, Sec. 69-14-116, MCA; NEW, 1978 MAR p. 1485; Eff. 10/27/78.