Effective - 28 Aug 1988
389.998. Violations and penalties — enforcement — action by division, jurisdiction — penalties or forfeitures paid into school fund. — 1. Any corporation or person who violates or fails to comply with any provisions of this chapter is subject to a civil penalty or forfeiture of not less than one hundred dollars nor more than two thousand dollars for each offense. An action to recover a penalty or forfeiture under this chapter or to enforce the powers of the division under this chapter may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. In any such action all penalties or forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture. If the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division, the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in chapter 622, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.
2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any corporation or person is a separate and distinct offense, and in case of a continuing violation of each day's continuance thereof shall be and be deemed to be a separate and distinct offense.
3. In construing and enforcing the provisions of this chapter relating to penalties or forfeitures, the act, omission or failure of any officer, agent or employee of any corporation or person acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation or person.
4. All penalties or forfeitures accruing under the provisions of this chapter shall be cumulative of each other, and any action for the recovery of one such penalty or forfeiture shall not be a bar to or affect the recovery of any other penalty or forfeiture.
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(L. 1988 S.B. 676)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Structure Missouri Revised Statutes
Title XXV - Incorporation and Regulation of Certain Utilities and Carriers
Chapter 389 - Regulation of Railroad Corporations
Section 389.005 - Division, transferred to department of transportation.
Section 389.007 - Official Missouri railroad, when designated.
Section 389.060 - Ejection of passengers, when lawful.
Section 389.320 - Pooling prohibited.
Section 389.540 - Shipments of grain in bulk.
Section 389.550 - Consignments to elevators declared temporary.
Section 389.560 - Time allowed for removing grain from cars.
Section 389.620 - Railroads required to pave right-of-way at street crossings.
Section 389.630 - Railroad failing to pave, city to proceed, how.
Section 389.645 - Crossing in city, town or village, division may regulate, when.
Section 389.650 - Lawful fences, gates, who may build — trespassers.
Section 389.653 - Trespass to railroad property, penalties.
Section 389.670 - Storm sewers along railroad right-of-way in cities or towns under 30,000.
Section 389.680 - Railroad storm sewers — intersection with city sewer system.
Section 389.690 - Railroad storm sewers — liability for damages — penalties.
Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.
Section 389.710 - Lights to be placed on certain switches, when, by whom.
Section 389.730 - Liability for noncompliance — action for damages.
Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.
Section 389.795 - Walkways and handrails on bridges and trestles.
Section 389.797 - Employee walkways to be kept clear, enforcement.
Section 389.800 - Contributory negligence not to relieve from liability.
Section 389.810 - Engines to be equipped with power drive wheel brakes.
Section 389.820 - Safety appliances — automatic couplers.
Section 389.830 - Standard drawbars to be used — height of same.
Section 389.840 - Cars to be equipped with air or power brakes.
Section 389.850 - Application of provisions of sections 389.810 to 389.870.
Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.
Section 389.870 - Employee not guilty of contributory negligence, when.
Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.
Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.
Section 389.990 - Bell and whistle at crossings — penalty.
Section 389.991 - Definitions.
Section 389.992 - Division of motor carrier and railroad safety regulations.
Section 389.996 - Investigation of accidents, notice of an accident.
Section 389.999 - Causes of action existing prior to August 13, 1988.