327C.4 Inspection — notice to repair.
The department shall inspect the condition of each railroad’s rail track, and may inspect the 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. 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.
[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]
93 Acts, ch 87, §9
Referred to in §327C.6
Structure Iowa Code
Chapter 327C - SUPERVISION OF CARRIERS
Section 327C.2 - General jurisdiction of transportation department.
Section 327C.3 - Removal of interfering lights.
Section 327C.4 - Inspection — notice to repair.
Section 327C.5 - Schedule violations — penalties.
Section 327C.6 - Changes in operation and improvements.
Section 327C.7 - Withdrawal of service.
Section 327C.8 - Objections — hearing.
Section 327C.9 - Order of department.
Section 327C.10 - Investigation and inquiry.
Section 327C.12 - Aid from courts.
Section 327C.13 - Hindering or obstructing department.
Section 327C.14 - Cumulative remedies.
Section 327C.16 - Mandatory injunction — contempt.
Section 327C.18 - Time may be extended to test legality.
Section 327C.20 - Remitting penalty.
Section 327C.21 - Costs — attorney fees.
Section 327C.22 - Interstate freight rates.
Section 327C.23 - Application to surface transportation board.
Section 327C.24 - Choice of remedies.
Section 327C.27 - Orders — compliance.
Section 327C.28 - Violation of order — petition — notice.
Section 327C.29 - Interested party may begin proceedings.
Section 327C.30 - Duty of department, general counsel and county attorney.
Section 327C.31 - Hearing in equity — injunction.
Section 327C.33 - Appeal — effect.
Section 327C.34 - Suits by the department.
Section 327C.36 - Rights and remedies not exclusive.
Section 327C.37 - Accidents — investigations of — report.
Section 327C.38 - Annual reports from companies.
Section 327C.41 - Additional reports.