.09 Compliance.

Except as provided in these regulations, a railroad corporation may not operate or permit to be operated any cars, trains, motors, engines, or other rolling equipment over its own tracks, or industrial sidings directly connected with its own tracks, or connected with its own tracks through other industrial sidings, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in these regulations, if the tracks or structures adjacent to the tracks are constructed or reconstructed subsequent to the effective date of these regulations by the railroad or by others where the railroad has the right to control the construction or reconstruction.