§ 327C.4 — Inspection — notice to repair

Iowa § 327C.4

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 327C: SUPERVISION OF CARRIERS

Text

Thedepartmentshallinspecttheconditionofeachrailroad’srailtrack, andmayinspectthe
condition of each railroad’s rail facilities, equipment, rolling stock, operations and pertinent
records at reasonable times and in a reasonable manner to insure proper operations.
§327C.4, SUPERVISION OF CARRIERS 2
Employees of the department shall have proper identification which shall be displayed upon
request. If found unsafe, the department shall immediately notify the railroad corporation
whose duty it is to put the same in repair, which shall be done by it within such time as the
department shall fix. If any corporation fails to perform this duty the department may forbid
and prevent it from running trains over the defective portion while unsafe or may regulate
the speed and operation of trains moving over the defective portion of the railroad. If the
railroad corporation violates any requirement provided by the department, the railroad
corporation shall be subject to a schedule “two” penalty for each day the repairs have not
been made from the date the department set for repairs to be completed. The court may
consider the willingness and ability of the railroad corporation to cooperate in removing the
safety hazard. Notwithstanding the provisions of chapter 669, the state shall not be held
liable for damages for any act or failure to act under the provisions of this section.

Legislative History

[C97, §2113; S13, §2113; C24, 27, 31, 35, 39, §7875; C46, 50, 54, 58, 62, 66, 71, 73, 75, §474.12; C77, 79, 81, §327C.4]