MISSISSIPPI RAIL GROUP, INCORPORATED
KOSCIUSKO & SOUTHWESTERN RAILWAY
RAILROAD POLICE

Federal law 49 CFR 207.3 states that a railroad may designate employees to be commissioned by a state authority as railroad police officers to serve in the states in which the railroad owns property. Mississippi state law requires that the Commissioner of Public Safety issue the commission of railroad police officers.

By law, railroad police officers are authorized to enforce laws of any jurisdiction in which the rail carrier owns property for the purpose of protecting:

  1. The employees, passengers, or patrons of the rail carrier.

  2. The property, equipment, and facilities owned, leased, operated or maintained by the rail carrier.

  3. Property moving in interstate or foreign commerce in the possession of the rail carrier.

  4. Personnel, equipment, and materials moving via railroad that are vital to the national defense, to the extent of the authority of a police officer properly certified or commissioned under the laws of that jurisdiction.

To report a crime, suspicious activity or hazards on the Kosciusko & Southwestern Railway please call 601-936-6781.

Emergency contact numbers for other railroads located in Mississippi:

MISSISSIPPI LAWS

63-3-611. Overtaking and passing vehicles on left side of roadway.
(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.
(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:
a. When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;
b. When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct, or tunnel;
c. When approaching within one hundred (100) feet of or traversing any marked or readily distinguishable intersection or railroad grade crossing;
d. When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Highway Commission.
SOURCES.- Codes, 1942, § $185; Laws, 1938, ch. 200; 1991, ch. 402, § 1, eff from and after July 1, 1991.

63-3-901. Stopping, standing or parking prohibited in specified places.
(1) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:
a. On a sidewalk;
b. In front of a public or private driveway;
c. Within an intersection;
d. Within ten feet of a fire hydrant;
e. On a crosswalk;
f. Within twenty feet of a crosswalk at an intersection;
g. Within thirty feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
h. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
i. Within fifteen feet of the nearest rail of a railroad crossing;
j. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within seventy- five feet of said entrance when properly signposted;
k. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
l. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
m. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
n. At any place where official signs prohibit stopping.
(2) No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.
SOURCES: Codes, 1942, § 8217; Laws, 1938, ch. 200.

63-3-1007. Stops at railroad grade crossings in obedience to signal indicating approach of train; effect of noncompliance upon right of recovery in civil action.
(1) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty feet but not less than ten feet from the nearest track of Such railroad and shall not proceed until he can do so safely.
(2) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. The violation of this section shall not of itself defeat recovery and the question of negligence or the violation aforesaid, shall be left to the jury and the comparative negligence statute and prima facie statute of this state shall apply in these cases as in other cases of negligence.
SOURCES: Codes, 1942, § 8209; Laws, 1938, ch. 200.

63-3-1009. Stops at designated particularly dangerous railroad grade crossings.
The state highway commission is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than ten feet from the nearest track of such grade crossing and shall proceed, only upon exercise of due care.
SOURCES: Codes, 1942, § 8210; Laws, 1938, ch. 200.

63-3-1011. Stops at railroad grade crossings by vehicles carrying passengers for hire or explosive substances and school buses.
(1) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances of flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than ten feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely.
(2) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.
(3) This section shall not apply at street railway grade crossings within a business or residence district.
SOURCES: Codes, 1942, § 8211; Laws, 1938, ch. 200.

63-3-1013. Moving heavy equipment at railroad grade crossing.
No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without notice of any such intended crossing first being given to a superintendent of such railroad and a reasonable time being given to such railroad to provide proper protection at such crossing.
Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than ten feet nor more than fifty feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.
SOURCES: Codes, 1942, § 8212; Laws, 1938, ch. 200.

77-9-225. Locomotives to give warning when approaching crossings
Every railroad company shall cause each locomotive engine run by it to be provided with a bell of at least thirty (30) pounds weight and with a whistle or horn which can be heard distinctly at a distance of three hundred (300) yards, and shall cause the bell to be rung or the whistle or horn to be blown at the distance of at least three hundred (300) yards from the place where the railroad crosses over any public highway or municipal street. The bell shall be kept ringing continuously or the whistle or horn shall be kept blowing at repeated intervals until said crossing is passed.
Every person, company or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than Fifty Dollars ($50.00) or be imprisoned not more than thirty (30) days, or be both so fined and imprisoned, in the discretion of the court. The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SOURCES: Codes, 1930, §§ 6125, 6126; 1942, §§ 7777, 7778; Laws, 1924, ch. 320; 1952, ch. 332; 1992, ch. 496, § 61, eff from and after July 1, 1992

77-9-235. Obstructing highways and streets
Every railroad company, upon stopping any train at a place where such railroad shall cross a highway, shall so uncouple its cars as not to obstruct travel upon such highway for a longer period than five (5) minutes. Every railroad company shall, upon stopping a train at a place where the railroad is crossed by a street, so uncouple the cars as not to obstruct travel thereon for a longer period than shall be prescribed by ordinance of the city, town or village. A failure to observe this section shall cause a railroad company to be liable to a fine of Fifty Dollars ($50.00) for each offense. The conductor in charge of any train so violating the provisions of this section shall be liable to a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), on conviction thereof.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SOURCES: Codes, 1871, § 2423; 1880, § 1049; 1892, § 3551; 1906, § 4049; Hemingway's 1917, § 6673; 1930, § 6128; 1942, § 7780; Laws, 1992, ch. 496, § 62, eff from and after July 1, 1992

77-9-236. Obstructing highways and streets; criminal responsibility of crew complying with orders of employer.
No member of a train crew, yard crew or engine crew of a railroad which is a common carrier shall be held criminally responsible or found guilty of violating any state laws or of any municipal ordinances regulating or intended to regulate the blocking of any street, road or highway grade crossings by trains or passenger or freight cars upon reasonable proof that the blocking of said street, road or highway grade crossings was necessary to comply with the orders or instructions, either written or oral, of his employer or its officers or supervisory officials; provided, however, that the provisions of this section shall not relieve the employer or railroad from any responsibility placed upon said employee or railroad by any such state laws or by such municipal ordinances; and provided further, that the employer or railroad shall stand in the place of the member of the train crew, yard crew or engine crew in such circumstances and shall be responsible for the violation of any such state laws or municipal ordinances and any criminal fines resulting therefrom.
The provisions of this section shall be enforced by the Mississippi Department of Transportation.
SOURCES.- Laws, 1975, ch. 314; 19n ch. 496, § 63, eff from and after July 1, 1992

77-9-237 Speed limit in cities.
Any railroad company having the right of way may run locomotives and cars by steam through cities and towns, at the rate of thirty miles an hour and no more. The company shall be liable for any damages or injury which sustained by any one from such locomotive or cars whilst they are running at a greater speed than thirty miles an hour through any city or town. The public service commission shall have power to fix and prescribe in cities and towns in which railroad companies may run locomotives cars by steam at a greater rate than thirty miles an hour, and whenever it shall have fixed and prescribed such limits in any city or town this section thereafter apply to the running of cars and locomotives by steam within the same.
SOURCES: Codes, 1857, ch. 35, art. 36; 1871, § 2421; 1880, § 1074; 1892, § 3546; 1906, § 4043; Hemingway's 1917, § 6W7; 1930, § 6130-,1942, § 7782; Laws, 1896, p. 76; 1938, ch. 329..

77-9-249 Obedience to signal indicating approach of train
(1) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
(c) A railroad train approaching within approximately nine hundred (900) of the highway crossing emits a signal in accordance with Section 77-9-225, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
(d) An approaching railroad train is plainly visible and is in hazardous to such crossing.
(2) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or being opened or closed.
(3) In the trial of all actions to recover personal injury or property damages, sustained by any driver of such vehicles for collision of said vehicle and train in which action it may appear that the said driver may have violated any of provisions hereof, the question of whether or not the said violation was sole or approximate cause of the accident and injury shall be for the jury to determine. The violation of this section shall not of itself defeat recovery, the question of negligence or the violation aforesaid shall be left to the jury; and the comparative negligence statutes and prima facie statute of this state shall apply in these cases as in other cases of negligence.
(4) At any railroad grade crossing provided with visible railroad crossbuck signs without automatic electric or mechanical signal devices, crossing gates or a human flagman giving a signal of the approach or passage of a train, the driver of a vehicle shall, in obedience to such railroad crossbuck sign, yield the right-of-way and slow to a speed reasonable for the existing conditions, and shall stop if required for safety at a clearly marked stop line, or if no stop line, within fifty (50) feet, but not less than fifteen (15) feet, from the nearest rail of the railroad, and shall not proceed until he can do so safely.
(5) Every person, company or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Two Hundred Fifty Dollars ($250.00), nor more than Five Hundred Dollars ($500.00) or imprisoned not more than thirty (30) days, or both such fine and imprisonment, in the discretion of the court.
SOURCES: Codes, 1930, §§ 6124, 6126; 1942, §§ 7776, 7778; Laws, 1924, ch. 320; 1974, ch. 525, § 2; 1995, ch. 512, § 1, eff from and after July 1, 2000.

77-9-501. Short title. Sections 77-9-501 to 77-9-517 shall be cited as "The Mississippi Railroad Police Law of 1976."
SOURCES: Laws, 1976, ch. 441, § 1, eff from and after July 1, 1976.

77-9-503. Definitions. For purposes of sections 77-9-501 to 77-9-517,  unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "Railroad" means a common carrier by railroad.
(b) "Qualified person" means a person who:
      (i) has met all the educational and training requirements for railroad police in this state which shall be approved by the Mississippi Law Enforcement Training Academy; and
      (ii) is of good moral character and has not been convicted of any crime involving moral turpitude.
SOURCES: Laws, 1976, ch. 441, § 2, eff from and after July 1, 1976.

77-9-505. Appointment of officers; oath; identification; exercise of powers of arrest and right to bear firearms.
(1) Upon request by the chief police officer of any railroad located wholly or partially within this state, the Commissioner of Public Safety may appoint and commission as a railroad police officer any qualified person named by such chief police officer; provided, however, that the Commissioner of Public Safety may refuse to appoint or may rescind the appointment of anyone. Any such railroad police officer so appointed shall at all times be answerable and responsible to the Commissioner of Public Safety.
(2) A railroad police officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890, which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be recorded in the office of the Commissioner of Public Safety.
(3) A railroad police officer appointed and commissioned pursuant to the provisions of Sections 77-9-501 through 77-9-517 shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a police officer of the railroad and an identification card issued by the railroad and countersigned by the Commissioner of Public safety. When in uniform each such railroad police officer shall wear his badge in plain view.
(4) A railroad policeman may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to offenses committed against property owned by or in the possession of the railroad or against any person rising out of an offense committed against said railroad on railroad property, against any employee of the railroad engaged in the performance of his duties. Railroad property for the purposes of Sections 77-9-501 through 77-9-517 shall be construed to mean only property owned by or in possession of the railroad on railroad rights-of-way or switching yards. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state.
(5) Any person who is trained as a railroad police officer at the Mississippi Law Enforcement Training Academy shall be required to pay at least an amount equal to the per student cost of operation of said academy as tuition.
SOURCES: Laws, 1976, ch. 441 § 3: 1988. ch. 339, eff--from and after July 1, 1988.

77-9-507. Handling of persons arrested by officers.
A person arrested by a railroad police officer shall be forthwith taken to the sheriff of the county in which the offense was committed. Such person arrested shall then be handled or processed and accorded the same treatment as persons arrested by any other police officer of this state. After the delivery of the arrested person to the sheriff, the railroad police officer shall have no further authority as to the custody or prosecution of such arrested person.
SOURCES: Laws, 1976, ch. 441 §4, eff from and after July 1, 1976

97-15-1  Destroying, defacing, etc., milepost, signboard, etc., or bridge, underpass or overpass prohibited; penalties; liability for cost of repair; liability of parents of minor.
(1) Any person who shall willfully destroy, deface, mar, damage, pull down or remove any milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, or other traffic control device shall, on conviction thereof, be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.
 (2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass.
 SOURCES: Codes, Hutchinson's 1848, ch. 10. art. 7(19); 1857, ch. 64, art. 159; 1871, § 2622; 1880, § 2870; 1892, § 1144; 1906, § 222; Hemingway's 1917, § 952; 1930, § 979; 1942, § 2209; Laws, 1977, ch. 323, § 2; 1993, CV483, § 2, eff from and after July 1, 1993.

97-15-13  Hunting or shooting on or across streets and highways; shooting, etc., at traffic control devices.
(1)(a) The provisions of this subsection shall only be applicable during the calendar days included in the open seasons on deer and turkey.
(b) It shall be prima facie evidence that a person is hunting if such person is in the possession of a firearm that is not unloaded on any street, public road, public highway, or any railroad which is maintained by any railroad corporation, city, county, state or federal entity or the right-of-way of any such street, road, highway or railroad, in an area in which wild game is or may be present, regardless of whether or not such firearm is within or without the confines of a motorized vehicle.
(c) The provisions of this subsection shall not apply to any person engaged in a lawful action to protect his property or livestock.
(2) For purposes of this section, the following terms shall have the meanings ascribed to them herein:
(a) "Right-of-way" means that part of a street, public road, public highway or railroad maintained by a city, county, state or federal entity or railroad corporation and including that portion up to the adjacent property line or fence line.
(b) "Motorized vehicle" means any vehicle powered by any type of motor, including automobiles, farm vehicles, trucks, construction vehicles and all-terrain vehicles.
(c) "Firearm" means any firearm other than a handgun.
(d) "Hunt" or "hunting" means to hunt or chase or to shoot at or kill or to pursue with the intent to take, kill or wound any wild animal or wild bird with a firearm as defined in this subsection.
(e) "Unloaded" means that a cartridge or shell is not positioned in the barrel or magazine of the firearm or in a clip, magazine or retainer attached to the firearm and all ammunition is located in an enclosed compartment, container, box or garment; or in the case of a caplock muzzle-loading firearm, "unloaded" means that the cap has been removed; or in the case of a flintlock muzzle-loading firearm, "unloaded" means that all powder has been removed from the flashpan.
(3) If any person hunts or discharges any firearm in, on or across any street, road, public highway, railroad or the right-of-way thereof, such person guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred dollars ($500.00) or by imprisonment in the county jail for not less than sixty days nor more than six (6) months, or by both such fine and imprisonment. This subsection shall not apply to any law enforcement officer while in performance of his official duty or to any person engaged in a lawful self-defense.
(4) If any person shall willfully shoot any firearms or hurl any missile at any street, highway or railroad traffic light; street, highway or railroad marker or other sign for the regulation or designation of street, highway or railroad travel such person, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not longer than thirty (30) days in the county jail, or both.
(5) It shall be the duty of all sheriffs, deputy sheriffs, constables, conservation officers and peace officers of this state to enforce the provisions of this section.
(6) If any subsection, paragraph, sentence, clause, phrase or any part of this section is hereafter declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining subsections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.
SOURCES: Codes, 1857, ch. 64, art. 365; 1871, § 2870; 1880, § 2941; 1892, § 1148; 1906, § 1226; Hemingway's 1917, § 956; 1930, § 983; 1942, § 2213; Laws' 1964, ch. 349; 1971, ch. 443, § 1; 1974, ch. 569, § 23; 1982, ch. 454; 19S5, ch. 452, § 17; 1990, ch. 528, § 1, eff from and after July 1, 1990.

97-17-33 Burglary; breaking and entering building other than dwelling; railroad car; vessels; automobiles.
(1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the penitentiary not more than seven (7) years.
(2) Any person who shall be convicted of breaking and entering a church, synagogue, temple or other established place of worship with intent to commit some crime therein shall be punished by imprisonment in the penitentiary not more than fourteen (14) years.
SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(17); 1857, ch. 64, art. 50; 1871, § 2527; 1880, § 2743; 1892, § 996; Laws, 1906, § 1073; Hemingway's 1917, § 801; Laws, 1930, § 817; Laws, 1942, § 2043; Laws, 1940, ch. 243; Laws, 1960, ch. 241; Laws, 1989, ch. 347, § 1; Laws, 1997, ch. 473, § 4, eff from and after passage (approved March 27, 1997).

97-17-71. Receiving stolen property; junk dealers to keep records of purchases of certain materials; content of records; report of purchase to police required; interstate transportation of certain materials; Penalties.
(1) Every owner, keeper or proprietor of a junk shop, junk store or yard, junk cart or other vehicle or boat, or collector of or dealer in junk or other secondhand property of the types and kinds hereinafter described, shall keep a book or register in which he shall enter the following information: the name, address, age and driver's license number of the person or persons from whom any railroad track materials, any copper wire, cable, bars, rods or tubing, any aluminum construction materials or any aluminum irrigation equipment, material or supplies are purchased or otherwise acquired; the date and place of each acquisition of such materials; the description and quantity of such materials purchased or otherwise acquired; and the name and address of the person or persons from whom the seller acquired such materials. For the purposes of this section the words "railroad track materials" shall mean any rail, switch component, spike, angle bar, tie plate or bolt of the type used in constructing railroads. For the purposes of this section the words "copper materials" shall mean copper or brass materials, either hard drawn or soft drawn, copper wire or cable of the type used by public utilities or common carriers or brass pipe or fitting or any combination of these. For the purposes of this section the words "aluminum construction materials" shall mean any cable, bars, rods or tubing of the type used to construct utility or broadcasting towers, or any aluminum siding materials of the type used in the construction of houses and mobile homes, or any irrigation pipes or tubing and appurtenances thereof, whether mobile or stationary. Such book or register shall be made available to any law enforcement officer for inspection at any time. The purchaser of any such copper materials or aluminum construction materials shall, if the quantity of the purchase be fifty (50) pounds or greater, hold same separate and apart from other purchases for a period of not less than five (5) days from the date of purchase and shall permit any law enforcement officer to make an inspection of such copper materials or aluminum construction materials during the five-day holding period. The purchaser shall report all purchases of such copper materials or aluminum construction materials to the sheriff of the county in which such purchases are made, as well as to the sheriff of the county in which his business is located, within forty-eight (48) hours after any such purchase is made in every instance where the quantity of the purchase shall be fifty (50) pounds or greater. The report shall contain all of the information required to be maintained in the book or register provided for herein. If the quantity of the purchase of aluminum irrigation equipment, material or supplies be one hundred (100) pounds or greater, or if the quantity of the purchase of railroad track materials be five hundred (500) pounds or greater, the purchaser shall hold same separate and apart from other purchases for a period of not less than five (5) days from the date of purchase and shall permit any law enforcement officer to make an inspection of such railroad track materials.
(2) Failure by one acquiring any such materials to maintain the book or register or, (a) in a case where the quantity of the purchase be fifty (50) pounds or greater of copper materials or aluminum construction materials, or (b) in a case where the quantity of the purchase be five hundred (500) pounds or greater of railroad track materials, to hold such materials for not less than five (5) days from date of purchase, as required under the provisions of this section, shall be prima facie evidence that the person receiving such copper wire, cable, bars, rods or tubing, aluminum construction materials, or railroad track materials received it knowing it to be stolen in violation of Section 97- 17-70.
(3) It shall be unlawful for any person or entity to transport or cause to be transported for himself or another from any point within this state to any point outside this state any materials of the types described in subsection (1) of this section, except such person or entity first report to the sheriff of the county from which he or it departs this state transporting such materials the same information that a purchaser in this state would be required to obtain and keep in a book or register as set forth in subsection (1) hereof where a sale or transfer of such type materials is made within this state. In such a case the sheriff receiving such report shall keep such information in a book or register maintained in his office as a public record available for inspection by any person at all reasonable times. Provided, this section shall not apply to a public utility as that term is defined in Section 77-3-3, Mississippi Code of 1972, engaged in carrying on utility operations or to a railroad as that term is defined in Section 77-9-5, Mississippi Code of 1972.
(4) All purchases made from any person or firm which sells or disposes of railroad track materials or copper, brass or aluminum construction materials as an ordinary and usual part of its business, or from any person or firm which is engaged in business as a secondhand metal dealer shall be exempt from the provisions of this section provided the purchaser obtains a bill of sale from the seller at the time of the purchase. All purchases of metal beverage containers shall be exempt from the provisions of this section.
(5) Any person violating the provisions of subsection (1), (2) or (3) hereof shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) per offense.
SOURCES: Codes, 1942, § 2249.5; Laws, 1966, ch. 390, §§ 1-3,1971, ch. 474, §§ 1-5; 1989, ch. 578, § 1; 1993, ch. 359, § 2, eff from and after July 1, 1993.

97-25-5 Railroads, destroying crossing sign, gate or warning strings.
If any person who willfully obliterate, injure, or destroy any railroad gate, warning strings, cattle gap or any board or sign erected or maintained by a railroad company in pursuance of law, he shall be fined not less that one hundred dollars ($100.00) nor more than five hundred dollars ($500.00),  or be imprisoned in the county jail not exceeding three (3) months, or both.
SOURCES: Codes, 1857, ch 35, art. 39: 1871, § 2425, 1880, § 1051: 1892, § 1268,: 1906, §1343: Hemingway's 1917, § 1077: 1930, § 1107: 1942, § 2343: Laws, 1981, ch. 541, § 4, eff from and after July 1, 1981.

97-25-7  Railroads; driving vehicle or livestock on track.
Any person who shall ride, drive any vehicle, drive any cattle, horses, mules or other livestock along or on any railroad track open and operated for traffic, unless by permission of the owners of said track, or their agent, shall be guilty of a misdemeanor and be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). The penalty hereof shall not be incurred by operating a street railroad or by crossing a track.
SOURCES: Codes, 1892, § 1267; 1906, § 1342; Hemingway's 1917, § 1076; 1930, § 1106; 1942, 2342; Laws, 1981, ch. 541, § 5, eff from and after July 1, 1981.

97-25-11. Railroads; stealing tickets.
If any person shall steal any passenger railroad ticket or tickers belonging to or issued by any railroad company, the amount of money which in the usual course of business it would have required to have purchased it or them from such railroad company, shall be deemed the value of the stolen ticket or tickets.
SOURCES: Codes, 1892, § 1177; 1906, § 1255; Hemingway's 1917, § 985; 1930, § 1013; 1942, § 2245.

97-25-13 Railroads: intoxication of engineer or conductor.
If any person, while on duty in charge of a locomotive engine running or standing upon any railroad, or if any conductor in charge of a car or train any railroad, shall be intoxicated, he shall, on conviction, be imprisoned the penitentiary not less than one year nor more than fifteen years. SOURCES: Codes, 1880, § 1063; 1892, § 1275; 1906, § 1350; Hemingway's 1917, § 1084; 19, § 1114; 1942, § 2350.

97-25-15 Railroads; jumping on or off cars in motion.
If any persons, other than passengers or employees engaged in operating the railroad, shall wilfully climb, jump or step upon, or in any way attach himself to, or shall jump off a locomotive, tender or car while in motion on a railroad track or siding, he shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or be imprisoned in county jail not less than five (5) days nor more than twenty-five (25) days, or both.
SOURCES: Codes, 1892, § 1272; 1906, § 1347-, Hemingway's 1917, § 1081; 1930, § I'll; 1944 § 2347; Laws, 1981, ch. 541, § 6, eff from and after July 1, 1981.

97-21-21 Railroads; obstructing or injuring.
If any person shall wantonly or negligently obstruct or injure any railroad, on conviction, he shall be fined not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000.00), or imprisoned not longer than (12) months in the county jail, or both.
SOURCES:  Codes, 1857, ch. 64, art. 163; 1871, § 2626; 1880, § 2873; 1892, § 1265; 1906, § 1340; Hemingway's 1917, § 1074; 1930, § 1104; 1942, § 2340; Laws, 1981, ch. 541, § 7, eff from after July 1, 1981.

97-25-23. Railroads; obstructing or injuring; derailing cars.
If any person shall wantonly or maliciously injure, or place any impediment or obstruction on any railroad, or do any other act by means of which any car or vehicle might be caused to diverge, or be derailed, or thrown from the track, such person, on conviction, shall be committed to the custody of the department of corrections for a term of not less than one (1) year nor more ten (10) years, and the penalty provided in this section shall apply to any engineer, conductor, switchman, brakeman, train dispatcher or telegraph operator who shall willfully or negligently cause the derailment or collision of a passenger train.
SOURCES: Codes, 1857, ch. 64, art. 164; 1871, § 2627; 1880, § 2874; 1892, § 1266; 1906, § 1341 Hemingway's 1917, § 1075; 1930, § 1105; 1942, § 2341;.Laws, 1981, ch. 541, § 8, eff and after July 1, 1981.

97-25-25. Railroads; seizing and running locomotive.
If any person shall unlawfully seize upon any locomotive and run it away, or shall aid, abet or procure the doing of the same, he shall, upon conviction be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or imprisoned in the county jail not exceeding six (6) months, or both.
SOURCES: Codes, 1892, § 1273; 1906, § 1348; Hemingway's 1917, § 1082; 193o, § 1112; 1 § 2348; Laws, 1981, ch. 541, § 9, eff from and after July 1, 1981.

97-25-27. Railroads; signaling or unlawfully interfering train.
If any person, without authority and in the absence of apparent danger warranting such act, shall, out of a spirit of mischief, or with any purpose other than to prevent or give information of an accident, make, or cause be made, any sign or signal to persons in charge of any locomotive, or railroad train or cars, or to any of such persons, or in sight of any of them, with intent to cause the stopping or starting of such locomotive, train, or cars; or if I person unlawfully interfere with the management or running of such locomotive, train, or cars on any railroad, the person so offending shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or shall be imprisoned in the county jail not exceeding three (3) months.
SOURCES: Codes, 1892, § 1280; 1906, § 1355; Hemingway's 1917, § 1089; 1930, § It § 2355; Laws, 1981, ch. 641, § 10, eff from and after July 1, 1981.

97-25-29. Railroads; stealing a ride.
If any person who shall ride on any engine, tender, car or train of any  railroad company, without authority or permission of the proper officers or employees of the company, or of the persons in charge of such engine, tender, car or train, shall, on conviction, be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or be imprisoned not more than (30) days, or both.
SOURCES: Codes, 1892, § 1269; 1906, § 1344; Hemingway's 1917, § 1078; 1930, § 1108; 1942, 2M; Laws, 1981, ch. 541, § 11, eff from and after July 1, 1981.

97-25-35. Railroads; stealing or interfering with communications signaling equipment.
If any person shall maliciously remove, take, steal, change or in any manner interfere with any railroad transmission line, signaling device, microwave tower or any of the parts or attachments belonging to any communication or signaling device owned, leased or used by any railroad or transportation company, he shall, on conviction, be fined not more than three thousand dollars ($3,000.00), or shall be imprisoned not more than five years, or both.
SOURCES: Codes, 1942, § 2355.5; Laws, 1968, ch. 342, § 1; 1981, ch. 541, § 12, eff from and after July 1, 1981.

97-25-39. Railroads; uncoupling locomotives and cars by person not employed by railroad.
If any person, not being employed on any railroad, shall willfully and maliciously uncouple or detach the locomotive or tender or any of the cars of any railroad train, or shall in any way aid, abet or procure the doing of the same, such person shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00), or imprisonment in the county jail not exceeding six (6) months, or both.
SOURCES: Codes 1892, § 1271; 1906, § 1346; Hemingway's 1917, § 1080; 1930, § 1110; 1942 § 2346; Laws, 1981, ch. 541, § 13, eff from and after July 1, 1981.

97-25-41. Railroads; willfully shooting from or on moving train
If any person shall willfully shoot any firearms on or from any moving train, such person shall, on conviction, be fined not less than two hundred dollars ($250.00) nor more than one thousand dollars ($1,000.00), or be imprisoned in the county jail not more than six (6) months, or both.
SOURCES: Codes, 1906, § 1357; Hemingway's 1917, § 1091; 1930, § 1121; 1942, § 2357; 110 1981, ch. 541, § 14, eff from and after July 1, 1981.

97-25-43. Railroads, public utilities, and carriers; conspiracy impede.
If two (2) or more persons shall willfully or maliciously combine or conspire together to obstruct or impede or hinder by any unlawful act or threat of violence, terror or intimidation the regular operation and conduct of the business of any railroad company, or any public service corporation, or any public utility, or any person or corporation carrying passengers or property for hire, such persons, and each of them, shall, on conviction, be punished by a fine of not less than one thousand dollars ($1,000.00) and not exceeding three thousand dollars ($3,000.00), or imprisonment in the county jail for not less than ninety (90) days nor more than one (1) year, or by both such fine and imprisonment.
This section shall not apply to persons who merely quit the employment of a railroad company, whether by concert of action or otherwise.
SOURCES: Codes, 1892, § 1270; 1906, § 1345; Hemingway's 1917, § 1079; 1930, § 1109; 1942, §§ 2345, 2345-01; Laws, 1947, 2nd Ex. ch. 5, § 1; 1981, ch. 541, § 15, eff from and after July 1, 1981.

97-25-45. Railroads, public utilities, and carriers; obstructing or impeding by intimidation, force or violence.
If any person shall unlawfully obstruct or impede by any act of force or violence, or by any means of intimidation, the regular operation and conduct of the business of any railroad company or any public service corporation, or person carrying passengers or property, or any public utility, or shall impede, hinder, or obstruct, by force or violence, the regular running of any locomotive-engine, freight or passenger train of any railroad, or any vehicle used in the transportation of persons or property on the public highways, or the operation of any public utility, such person shall be guilty of a felony and, upon conviction, shall be committed to the custody of the department of corrections for a term of not less than one (1) year nor exceeding five (5) years.
SOURCES: Codes, 1942, § 2345-02; Laws, 1947,2nd Ex. ch. 5, § 2; 1981, ch. 541, § 16, eff from and after July 1, 1981.

97-25-47 Railroad trains, buses, trucks, motor vehicles, depots, stations, and other transportation facilities; willfully shooting or throwing at
If any person or persons shall willfully shoot any firearm or hurl any missile at, or into, any train, bus, truck, motor vehicle, depot, station, or any other transportation facility, such person shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00), or be committed to the custody of the department of corrections not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.
SOURCES: Codes, 1906, § 1356, Hemingway's 1917, § 1090; 1930, § 1120; 1942, § 2356; Laws, 1947, 2nd Ex. Ch. 4; 1981, ch. 541, § 17, eff from and after July 1, 1981.

FEDERAL LAWS

49 CFR 392.10 -- Driving of Commercial Motor Vehicles - Railroad grade crossings; stopping required.
(a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (a)(1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.
(1) Every bus transporting passengers,
(2) Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine.
(3) Every commercial motor vehicle which, in accordance with the regulations of the Department of Transportation, is required to be marked or placarded with one of the following classifications:
(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the Department of Transportation, Parts 107 through 180 of this title.
(5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by Sec. 173.120 of this title.
(6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the
provisions of subpart B of part 107 of this title.

(b) A stop need not be made at:
(1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district, as defined in
Sec. 390.5 of this chapter.
(2) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed,
(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law,
permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping.
(4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned,
(5) An industrial or spur line railroad grade crossing marked with a sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only by or with the consent of the appropriate State or local authority.

49 CFR 392.11 Railroad grade crossings; slowing down required.
Every commercial motor vehicle other than those listed in Sec. 392.10 shall, upon approaching a railroad grade crossing, be driven
at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear.

49 CFR 398.4 Driving of motor vehicles.
(a) Compliance required. Every motor carrier shall comply with the requirements of this part, shall instruct its officers, agents,
representatives and drivers with respect thereto, and shall take such measures as are necessary to insure compliance therewith by such persons. All officers, agents, representatives, drivers, and employees of motor carriers directly concerned with the management, maintenance, operation, or driving of motor vehicles, shall comply with and be conversant with the requirements of this part.
(b) Driving rules to be obeyed. Every motor vehicle shall be driven in accordance with the laws, ordinances, and regulations of the
jurisdiction in which it is being operated, unless such laws, ordinances and regulations are at variance with specific regulations of this
Administration which impose a greater affirmative obligation or restraint.
...
(q) Railroad grade crossings; stopping required; sign on rear of vehicle. Every motor vehicle shall, upon approaching any railroad grade crossing, make a full stop not more than 50 feet, nor less than 15 feet from the nearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear; except that a full stop need not be made at:
(1) A street car crossing within a business or residence district of a municipality;
(2) A railroad grade crossing where a police officer or a traffic control signal (not a railroad flashing signal) directs traffic to proceed;
(3) An abandoned or exempted grade crossing which is clearly marked as such by or with the consent of the proper state authority, when such marking can be read from the driver's position.
All such motor vehicles shall display a sign on the rear reading, ``This Vehicle Stops at Railroad Crossings.''

GRADE CROSSING SIGNS AND SIGNALS

There seems to be some confusion in the motoring public as to what is required when a driver approaches a railroad crossing.

    

The railroad crossbuck is the same as a yield sign. A motorist must approach the crossing in a manner so that if a train is approaching the grade crossing within a distance that could be hazardous to the motorist, he must stop his vehicle safely before entering the crossing.

A railroad grade crossing signal with flashing lights only (no gates) is the same as a stop sign. If the lights are flashing, the motorist must come to a complete stop prior to crossing the railroad. If an approaching train is a safe distance away, the motorist may proceed across the tracks. Otherwise he must remain stopped until it is safe to proceed.

   

A railroad grade crossing with crossing gates in the lowered position is the same as a red traffic light. The motorist must stop and remain stopped until the gates are raised.

April 12,  2002