1. It shall be unlawful for any person, firm, company or corporation operating a railroad as a common carrier in this state, while transporting freight for compensation or hire, to place immediately ahead of an occupied caboose or immediately behind an occupied locomotive, a flat car on which are placed loads that might shift or move or bulkhead type flat car that is loaded above the top edge of the car or beyond the sides, or a gondola type car loaded above the edge, with pipe, lumber or poles, or with freight or machinery which might shift or move and which the motor carrier and railroad safety division of the department of economic development finds, after hearing, to be an unreasonable risk to the safety and well-being of the employees.

2. This section shall not apply to yard switching movements.

Terms Used In Missouri Laws 389.997

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020

3. The motor carrier and railroad safety division of the department of economic development of the state of Missouri shall enforce this section and prosecute any violation thereof, as provided for in section 386.570.

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