65-12-113 - Wires strung over railroad tracks. - Tennessee Statutes

65-12-113. Wires strung over railroad tracks.

(a)  Any person engaged in any business whereby wires are used for the transmission of intelligence or other purposes shall not string any wire or wires across railroad tracks without first having complied with the regulations of the department of transportation, prescribed to prevent accidents from such wires.

(b)  The department of transportation shall, after hearing all interested persons, prescribe and promulgate regulations for the construction and maintenance of wires across the tracks of railroads for the protection of trains, engines, cars, and the operatives thereof; provided, that the department of transportation's power is limited to regulation and the right to cross railroad tracks must be obtained by such wire-using companies according to law.

(c)  A violation of this section is a Class C misdemeanor.

(d)  Any person failing to construct or reconstruct and maintain its wire or wires as provided in this section shall be liable for all damages both to railroad companies and their employees resulting therefrom.

[Acts 1921, ch. 171, §§ 1, 3-5; Shan. Supp., §§ 1599a1, 1599a3-1599a5; Code 1932, §§ 2667-2670; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), §§ 65-1219 65-1222; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 29.]