W. Va. Code R. § 150-8-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-8-7 - Rules Relating To Inspection Of Trackage, Roadbeds, Bridges And Other Structures: And To Maintenance And Repairs Of Bridges And Other Structures
7.1. Except in cases of emergency, in instances where passenger trains are to be operated over tracks which do not serve regularly scheduled passenger movements, and where the maximum authorized speed for freight traffic over such tracks is less than thirty-five (35) miles per hour, then such tracks shall be inspected within forty-eight (48) hours prior to the operation of such passenger trains.
7.2. Bridges and other structures on main line or branch lines shall be inspected at least once a year by a qualified bridge inspector.
7.3. If, on inspector's report, the Public Service Commission has reasonable ground to believe that any of the bridges, or other structures are in a condition which renders them dangerous, unfit, or unsafe, the Commission shall immediately give to the superintendent, or other executive officer of the company operating such railroad, notice of the condition thereof, and of the repairs or reconstruction necessary to place them in a safe condition. The Commission may prescribe the time within which such repairs or reconstruction must be made, and the maximum speed at which trains may be operated over such dangerous or defective bridge, or other structure, until the repairs or reconstruction required are made. The Commission may forbid the running of trains over such defective bridge, or other structure, if it is of the opinion that such action is necessary and proper; provided, however, that the railroad affected thereby, shall have the right to a hearing to determine whether or not such prohibition is necessary and proper.
7.4. Tracks Owned by Entities Other than Railroad Companies:
7.4.a. This rule shall apply to all railroad track owned by an entity other than a railroad company over which a railroad company moves railroad cars in the conduct of business.
7.4.b. Track shall be maintained free of debris which:
7.4.b.1. could impair proper drainage of track bed, or
7.4.b.2. could prevent proper inspection of track components.
7.4.c. For purposes of subdivision 7.4.b.,
7.4.c.1. "debris" shall include, but not be limited to, coal, slate, waste, sludge, mud and water.
7.4.c.2. "track components" shall include, but not be limited to, joint bars, bolts, spikes, tie plates, crossties and ballast.
7.4.d. Each drainage or other water carrying facility under or immediately adjacent to the road bed must be maintained and kept free of obstruction, to accommodate expected water flow for the area concerned.
7.5. Switches:
7.5.a. All manually-thrown switches found defective must be repaired or lubricated as indicated by the construction and requirements of said switch, to correct the existing defect within twenty-four (24) hours of date inspected, excluding Saturdays, Sundays and holidays.
7.5.b. All hard-to-throw switches not found to be defective must be made less hard to throw, repaired or lubricated, if necessary, within seventy-two (72) hours of date inspected, excluding Saturdays, Sundays and holidays; provided that said switch shall, after repair, lubrication or other maintenance be in full compliance with the requirements of 49 CFR 213.135.
7.5.c. For each yard area the affected railroad company shall appoint an employee who normally and regularly works within the yard area to either:
7.5.c.1. accompany said inspector in the performance of the switch test, or
7.5.c.2. select a qualified, readily available, employee to accompany the inspector in the performance of the switch test.

W. Va. Code R. § 150-8-7