W. Va. Code R. § 150-8-3

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-8-3 - Rules Relating To Clearances
3.1. The minimum clearance requirements for railroads hereinafter prescribed shall hereafter be observed in this State in all construction of tracks or structures adjacent to tracks. These requirements shall not apply to repairs, renewals, maintenance, extensions or additions, in substantially the same location and within the general plan of existing installations, provided that existing clearances shall not be reduced. No railroad shall operate any cars, trains, motors, engines, or other rolling equipment over its own or other tracks, except as hereinafter provided, on which overhead or side clearances, or clearances between tracks are less than the minimum prescribed in this Section 3, if such tracks or structures adjacent to such tracks are constructed subsequent to the effective date hereof.
3.2. For the purpose of these rules, the definitions set forth below will govern:
3.2.a. Height of a Freight Car is the distance between the top of rail and the top of the running board.
3.2.b. Side of a Freight Car is that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car (including the hardware).
3.2.c. Width of a Freight Car is twice the distance from the center line to the side of a car as defined herein.
3.2.d. Overhead Clearance is the vertical distance from the level of the top of the highest rail to a structure or obstruction above.
3.2.e. Side Clearance is the shortest distance from the center line of track to a structure or obstruction at the side of track.
3.3. Overhead Clearance:

The minimum overhead clearance above railroad tracks, which are used or proposed to be used for transporting freight cars, shall be twenty-two (22) feet, except that the minimum overhead clearance for tipples and facilities for loading and unloading bulk commodities may be not less than eighteen (18) feet. Structures constructed prior to 1970 may be maintained at such clearances as were lawful at the time of construction. The clearances provided in this Section shall not apply to the electric wires and equipment required over present and future tracks for the operation of trains by electric energy, provided the carriers concerned promulgate and enforce rules that prohibit any employee from being on the top of cars while being operated under lower clearances than provided for in this section.

3.4. The overhead clearance above top of rail of such tracks located inside of buildings may be reduced to eighteen (18) feet, provided that this clearance shall apply only to tracks within the building, and further provided, that when an overhead clearance of less than twenty-two (22) feet exists on tracks inside such building, all cars, trains, motors, engines or other equipment shall be brought to a stop before entering such building. In switching movements requiring a number of continuous entries, stops shall be required only upon the initial entry.
3.5. Unless otherwise provided herein, overhead clearances authorized in this section are applicable only to tracks on which freight cars having a height not exceeding fifteen (15) feet seven (7) inches are transported.
3.6. Freight cars not exceeding a height of fifteen (15) feet seven (7) inches may be transported provided that the tracks over which such operations are conducted exhibit throughout the route an overhead clearance as required in subsection 3.3 of these rules.
3.7. If freight cars of a height greater than fifteen (15) feet seven (7) inches are transported or proposed to be transported, minimum overhead clearances shall be increased by an amount of not less than such additional height; provided, however, that box or other house cars over fifteen (15) feet seven (7) inches in height are exempted from this subsection when the top running boards have been removed, ladders and hand brakes lowered, cars painted, stenciled, or otherwise modified in compliance with the provisions of Section 231.24 CFR Title 49 Part 231 - RAILROAD SAFETY APPLIANCE STANDARDS.
3.8. Side Clearances:

Minimum side clearances from center line of tangent railroad tracks, which are used or proposed to be used for transporting freight cars, except as hereinafter prescribed, shall be as shown in Table 150-8A found at the end of these rules.

3.9. Reserved.
3.10. Reserved.
3.11. Side clearances specified herein shall not apply to car retarders, derails, switch point protectors, rails and similar appurtenances projecting three (3) guard inches or less above top of rail.
3.12. All minimum side clearances prescribed in this section are for tangent tracks. Structures adjacent to curved tracks shall have additional side clearances compensating for curvature at the rate of one (1) inch for each degree of curvature.
3.13. Minimum side clearances authorized in this section are applicable to tracks on which freight cars having a width not greater than ten (10) feet ten (10) inches are transported.
3.14. The overhead and side clearances prescribed in this rule may be decreased:
3.14.a. for structures adjacent to an industry track or for through railway bridges or railway turntables to the extent defined by a straight line extending diagonally downward from a point four (4) feet from the center line of track at twenty-two (22) feet above top of rail to a point eight (8) feet from the center line of track at eighteen (18) feet above top of rail; and
3.14.b. for tunnels to the extent defined by a curved line with a radius of eight (8) feet from a point four (4) feet from the center line of track at twenty-two (22) feet above top of rail to a point eight (8) feet from the center line of track at fifteen (15) feet zero and seven-eighths (0-7/8) inches above top of rail.
3.15. Clearances between Parallel Tracks:

The minimum distance between the center lines of parallel tracks shall be fourteen (14) feet except as hereinafter provided.

3.16. The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least fifteen (15) feet from the center line of such main track or passing track; provided, however, that where a passing track is adjacent to and at least fifteen (15) feet distant from the main track, any other track may be constructed adjacent to such passing track with clearance prescribed in subsection 3.15 of these rules.
3.17. The center line of any ladder track, constructed parallel to any other adjacent track, shall be at least fifteen (15) feet from the center line of such other track and the center lines of parallel ladder tracks shall be at least eighteen (18) feet apart.
3.18. The minimum distance between the center lines of parallel team, house and industry tracks shall be thirteen (13) feet.
3.19. Main siding and yard tracks constructed prior to 1970 with distance of not less than thirteen (13) feet between track centers may be extended without increasing such distances.
3.20. Other Conditions and Obstructions Adjacent to Tracks: No merchandise, material or other articles shall be permitted to remain either on the ground or on platforms adjacent to any track owned or leased by railroads at a distance less than eight (8) feet six (6) inches from the center line of track: Provided, however, That nothing herein shall be construed as restricting the temporary distribution of materials or the performance of work on, over or adjacent to tracks, when such distribution or performance is necessary in the construction or maintenance of facilities or equipment, provided such distribution and performance shall be carried out within a reasonable time under conditions reasonably necessary to provide for safety of all concerned, including proper notice by train order, message or bulletin.

A suitable line or other marker should be maintained at a distance of eight (8) feet six (6) inches from the center line of track, on all platforms, excluding passenger platforms, to indicate the space along edge of the platform which must be kept clear of merchandise, material or other articles.

3.21. Loading on Open Top Cars:

When shipments are to be moved that are loaded on open top cars and which exceed the dimensions (i) shown in the Tables in Section No. 1 of the A.A.R. Loading Rules[1] or (ii) shown in RAILWAY LINE CLEARANCES,[2] a copy of the instructions containing any special restrictions applying to the movement shall be furnished to the Conductor of each train handling the shipment and to each Division Superintendent and each Chief Train Dispatcher affected. All such shipments, with the exception of multi-level automobile rack cars either loaded or unloaded or cars transporting automobile underframes or cars transporting highway trucks or trailers, shall be placarded on the placard board on each side of the car with an appropriate clearance card.

No member of the train crew shall be required to ride the cars handling such shipments.

When such shipments or the train handling such shipments are to be yarded on a yard track, the yardmaster shall be given sufficient advance notice to enable him to take the necessary precautions to safeguard employees in the yard.

3.22. Exceptions:

Nothing herein shall be construed as preventing the movement of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad; provided such movements shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

3.23. If in any particular case, exemption from any of the requirements herein is deemed necessary by the railroads concerned, the Commission will consider the application of such carrier for such exemption when accompanied by a full statement of the conditions existing and the reason why such exemption is asked. Any exemption so granted will be limited to the particular case covered by the application.
3.24. The Commission reserves the right to modify any of the provisions of these rules in specific cases when, in the Commission's opinion, public safety, convenience or necessity would be served by so doing.
[1] Association of American Railroads, Operations and Maintenance Department, Mechanical Division, Rules Governing the Loading of Commodities on Open Top Cars and Trailers, Effective January 1, 1976, as amended, supplemented and revised.
[2] The publication RAILWAY LINE CLEARANCES, Published annually by the Railway Equipment and Publication Company, as amended, supplemented and revised.
3.25. Prior Orders:

The requirements of this section supersede all regulations governing clearances between tracks of railroads and for obstructions adjacent to such tracks heretofore promulgated, provided, however, that any exemption or deviation heretofore granted and now in force and effect shall not be affected by this order and shall remain in force and effect until further order of the Commission.

W. Va. Code R. § 150-8-3