WVC 31 -
CHAPTER 31. CORPORATIONS.
WVC 31 - 2 B-
ARTICLE 2B. ILLUMINATION EQUIPMENT FOR RAILROAD CABOOSES.
WVC 31 - 2 B- 1
§31-2B-1. Legislative findings and purposes.
The Legislature hereby finds that for the purpose of
protecting the lives of workmen, other persons and railroad
equipment there shall be maintained at the rear of cabooses
illumination when they are being pushed during hours of darkness.
WVC 31 - 2 B- 2
§31-2B-2. Illumination requirements; time period for
implementation; application of requirements.
(a) From the effective date of this article, there shall be
maintained at the rear of all cabooses, while cabooses are being
pushed during the hours of darkness, either a handheld or
installed backup light which shall have sufficient candlepower to
illuminate the track for a distance of at least two hundred fifty
feet under clear atmospheric conditions on all local and mine
(b) Every railroad company operating within this state shall
be required to comply with the provisions of this article, but
shall have one year from the effective date hereof to comply with
(c) The provisions of this article shall apply to all local
and mine run cabooses.
WVC 31 - 2 B- 3
§31-2B-3. Repair and maintenance; exemption.
Any railroad company operating a caboose to which the
illumination requirements of section two of this article apply
shall not be in violation of said article if the failure of
lighting equipment required under the provisions of this article
is corrected at the first point maintenance supplies are
available, or in the case of repairs, the first point at which
materials and repair facilities are available and repairs can
reasonably be made.
WVC 31 - 2 B- 4
§31-2B-4. Runs originating from out of state.
Runs originating from without the state of West Virginia
shall be exempt from the requirements of this article.
WVC 31 - 2 B- 5
§31-2B-5. Enforcement penalty.
The provisions of this article shall be enforced by the
public service commission. If any railroad company violates the
provisions of this article, it shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not more than five
hundred dollars for each violation.
WVC 31 - 2 B- 6
§31-2B-6. No individual responsibility.
With the exception of intentional misconduct or negligence
on the part of the employee, this article shall not be construed
to impose any individual responsibility upon any railroad
employee for damage to his employer due to breakage or loss of
use while the employee is engaged in handling the lights as
required by this article.
This article shall be construed as imposing upon the
employer responsibility for securing and maintaining the lights
required by this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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