5 V.S.A. § 607 — VT Code / Title 5 / Chapter 15 / Section 607
§ 607. Acquisition by federal government
Status: in_force

The cities and towns of this State owning or operating a municipal airport, in order more readily to cooperate with the federal government to further national defense, are hereby empowered by their legislative bodies to lease or sell and convey to the United States or any proper department of the United States an airport for use as a government air base for the purposes of national defense and by the lease are hereby empowered to enter into any agreements with the United States or any department of the United States as the United States or the department may require for the purposes of national defense and the legislative body of the municipality may deem just and to grant to the United States the right, title, interest, control, and management for such purposes as the United States might acquire by the right of eminent domain and condemnation proceedings. Provision shall be made in such lease for adequate compensation for any damages that may be caused to private rights or interests in the airport that may arise by reason of the provisions of the lease, and provision shall also be made in the lease for the preservation of the use of the airport for civilian air commerce as the requirements of the government will permit, the purpose of the provisions of this section being to obviate the necessity of the government resorting to condemnation proceedings. In the event that any airport is sold to the United States under the provisions of this section and section 608 of this title for the purposes of national defense, the municipality shall be relieved from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. In the event the airport is leased to the federal government for the purpose of national defense, the municipality shall be relieved for the duration of the lease from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination.
5 V.S.A. § 44 — VT Code / Title 5 / Chapter 3 / Section 44
§ 44. Powers of the Supreme Court
Status: in_force

Upon appeal to the Supreme Court, the Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, order, or decree in accordance with these mandates. Appeals to the Supreme Court shall not have the effect of vacating any judgment, order, or decree of the Board, but the Supreme Court, upon notice to interested parties, may suspend execution of a Board judgment under a decree as justice and equity require unless otherwise specifically provided by law.
5 V.S.A. § 3790 — VT Code / Title 5 / Chapter 70 / Section 3790
§ 3790. Agency approval
Status: in_force

Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State's share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State's share.
5 V.S.A. § 39 — VT Code / Title 5 / Chapter 3 / Section 39
§ 39. Joint hearings and investigations
Status: in_force

The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of the investigations or hearings or in the making of the orders, the Board shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise.
5 V.S.A. § 1006 — VT Code / Title 5 / Chapter 17 / Section 1006
§ 1006. Conflict with other regulations
Status: in_force

In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
5 V.S.A. § 203 — VT Code / Title 5 / Chapter 9 / Section 203
§ 203. Purpose
Status: in_force

It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress:

(1) by providing for the protection and promotion of safety in aeronautics;

(2) by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;

(3) by granting to a State agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this State and others engaged in aeronautics, and encourage and develop aeronautics;

(4) by establishing such regulations as are essential in order that persons engaged in aeronautics of every character may so engage, consistent with the safety and the rights of others; and

(5) by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and authorities of this State.
5 V.S.A. § 3756 — VT Code / Title 5 / Chapter 68 / Section 3756
§ 3756. Oath of office
Status: in_force

Each police officer so commissioned shall, before entering upon the duties of his or her office, take an oath of office administered by the Commissioner of Public Safety or his or her designee.
5 V.S.A. § 3640 — VT Code / Title 5 / Chapter 68 / Section 3640
§ 3640. Board; party disagreement
Status: in_force

When the parties cannot agree upon the plan, manner, or number of the farm crossings, the same shall be determined by the Transportation Board on petition and after a public hearing. However, if the cost of such farm crossings exceeds the value of the land to be accommodated thereby, the Board need not order such crossings to be made, but shall award reasonable damages in lieu thereof.
5 V.S.A. § 1817 — VT Code / Title 5 / Chapter 24 / Section 1817
§ 1817. Copy of schedules
Status: in_force

Each company subject to the provisions of this chapter shall keep on file in every one of its stations or offices where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Board shall deem necessary. The copy shall be in a form and place that is readily accessible to inspection by the public.
5 V.S.A. § 3649 — VT Code / Title 5 / Chapter 68 / Section 3649
§ 3649. Order of Board
Status: in_force

After hearing, the Board may make a written order requiring the corporation to construct or maintain in good repair such fence, cattle guard, or farm crossing, or to make or alter such watercourse or ditch, or to remove such impediment to the same, within such time as it may fix. Such corporation shall not be required to open a ditch while the ground is frozen, nor to alter the natural course of or do any act in regard to a watercourse that it is not legally bound to do, nor to comply with such order until 10 days after being served with a copy thereof.
5 V.S.A. § 1014 — VT Code / Title 5 / Chapter 17 / Section 1014
§ 1014. Administrative agency
Status: in_force

All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency that may be an agency created by the regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions that participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall the administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include hearing and deciding all permits under section 1011 of this title, but the agency shall not have or exercise any of the powers delegated by this chapter to the board of adjustment.
5 V.S.A. § 1825 — VT Code / Title 5 / Chapter 24 / Section 1825
§ 1825. Petition by public; notice; hearing
Status: in_force

Any town, city, or village within which, or between which, and any other town, city, or village in this State any common carrier is furnishing service, may bring a written petition to the Transportation Board, or the Board on its own motion may conduct an investigation in respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. Upon petition, the Board shall fix a time and place for a hearing upon the petition, and shall mail notice of the petition to the parties in interest and give notice of the petition at least one week prior to the hearing.
5 V.S.A. § 807 — VT Code / Title 5 / Chapter 15 / Section 807
§ 807. Lease for aircraft hangars and other structures; lease to business entities
Status: in_force

(a) A designated area or areas on the airport may be leased to a person for the purpose of constructing aircraft hangars, repair shops, or other structures compatible with the use and operation of the airport.

(b) A designated area or areas on the airport may also be leased to any business entity consistent with Federal Aviation Administration requirements.
5 V.S.A. § 3522 — VT Code / Title 5 / Chapter 68 / Section 3522
§ 3522. Land without road limits
Status: in_force

Land without the limits of its road shall not be taken by a railroad corporation for the requisite and convenient accommodation of its road without the permission of the owner unless the commissioners appointed as prescribed in section 3523 of this title, on application of the corporation and after 12 days' notice to the owner, first prescribe the limits within which such lands shall be taken.
5 V.S.A. § 3722 — VT Code / Title 5 / Chapter 68 / Section 3722
§ 3722. Baggage checks
Status: in_force

Baggage masters and station agents on railroads shall give checks, when requested so to do, to the owners of baggage who hold tickets, when delivered to them for the transportation from station to station. Such checks shall be returned to the baggage master or station agent when he or she delivers the baggage to the owner. A person or corporation operating a railroad whose officers or employees do not comply with the requirements of this section shall be fined $10.00 and shall also be liable for damages that accrue in consequence thereof.
5 V.S.A. § 3724 — VT Code / Title 5 / Chapter 68 / Section 3724
§ 3724. Liability for damages
Status: in_force

A person or corporation running trains on any railroad in this State and the conductors, agents, employees, or other officers of such railroad shall be responsible for all injury and damage to persons or property arising by reason of noncompliance with or a violation of the requirements of section 3723 of this title, to be recovered in an action on this statute.
5 V.S.A. § 3789 — VT Code / Title 5 / Chapter 70 / Section 3789
§ 3789. Record of changes
Status: in_force

The Transportation Board shall cause all orders made by it under the provisions of this chapter directing the alteration or relocation of a public highway to be recorded in the office of the town clerk where such public highway so altered or relocated is situated before such highway shall be opened for use by the public.
5 V.S.A. § 804 — VT Code / Title 5 / Chapter 15 / Section 804
§ 804. Acquisition of airports
Status: in_force

For the purposes of establishing a permanent system of airports within the State, the Secretary, with the approval of the Governor and the General Assembly, may acquire title by agreement or condemnation to an airport that has been discontinued by the owner as an air navigational facility. The title to the airport may be acquired by lease for the purpose of continuing its use as an airport open to the public.
5 V.S.A. § 3645 — VT Code / Title 5 / Chapter 68 / Section 3645
§ 3645. Damage to animals on railroad
Status: in_force

Until fences and cattle guards are duly made, such person or corporation and their agents shall be liable for the damages done by agents or engines to cattle, horses, or other animals thereon if occasioned by want of such fences and cattle guards. After such fences and guards are made, the person or corporation shall not be liable for such damages unless negligently or willfully done.
5 V.S.A. § 3786 — VT Code / Title 5 / Chapter 70 / Section 3786
§ 3786. Tracks of more than one railroad
Status: in_force

When, upon an application or petition brought under the provisions of section 3783 of this title, the Board finds that a public highway crosses or is crossed by the tracks of more than one railroad and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, it shall give notice to all the corporations operating such railroads to appear before it and be heard upon the application. After such notice and hearing, the Board shall determine what alterations shall be made, if any, so as to separate the grades of all such crossings at the same time and shall determine by whom such work shall be done and shall apportion the expense to be borne by the railroad corporations between such corporations in such manner as the Board deems just and proper.
5 V.S.A. § 3590 — VT Code / Title 5 / Chapter 68 / Section 3590
§ 3590. Obstructing sight of cars at crossing; penalty
Status: in_force

A person who leaves wood, lumber, or other material on the line of a railroad or highway, at or near the crossing of a highway, so as to prevent or obstruct the sight of cars when approaching the crossing, shall be fined not more than $50.00 nor less than $5.00.
5 V.S.A. § 422 — VT Code / Title 5 / Chapter 13 / Section 422
§ 422. Penalty for violation
Status: in_force

A person who violates a provision of section 421 of this title shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.
5 V.S.A. § 1017 — VT Code / Title 5 / Chapter 17 / Section 1017
§ 1017. Appeals to Superior Court
Status: in_force

(a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision. The petition shall specify the grounds for review. It shall be presented to the court within 30 days after the decision is filed in the office of the board.

(b) Upon presentation of the petition, the court may review the decision of the board. The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.

(c) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies or of portions of copies that may be called for by the court.

(d) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and, if need be, to order further proceedings by the board of adjustment.

(e) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land.
5 V.S.A. § 3784 — VT Code / Title 5 / Chapter 70 / Section 3784
§ 3784. Grade crossings; alteration; expense apportionment
Status: in_force

The Board shall direct that the expense of any alterations, changes, or removals referred to in sections 3783 and 3785 of this title, including the damages to any person whose land is taken, and the special damages that the owner of land adjoining the public highway shall sustain by reason of any change in the grade of the highway be paid in whole or in part by the State and the corporation owning or operating the railroad that crosses the public highway on the basis of benefits received by the public and the corporation respectively.
5 V.S.A. § 653 — VT Code / Title 5 / Chapter 15 / Section 653
§ 653. Findings and compensation
Status: in_force

Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that “necessity” shall mean a reasonable need in order that the petitioner may render adequate service to the public in the operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination.
5 V.S.A. § 805 — VT Code / Title 5 / Chapter 15 / Section 805
§ 805. Acquisition of areas for safe approaches
Status: in_force

The Agency may acquire control by lease or agreement of an area extending from the end of each runway and of such dimensions as are deemed necessary to provide safe approaches.
5 V.S.A. § 226 — VT Code / Title 5 / Chapter 9 / Section 226
§ 226. Application of proceeds
Status: in_force

The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within one year from the date of the sale. If the owner or lienholder does not claim the balance within one year, the airport manager shall retain the proceeds.
5 V.S.A. § 773 — VT Code / Title 5 / Chapter 15 / Section 773
§ 773. Rules
Status: in_force

The Secretary is authorized to adopt rules governing the provisions of this subchapter.
5 V.S.A. § 1818 — VT Code / Title 5 / Chapter 24 / Section 1818
§ 1818. Rebates; exceptions
Status: in_force

A company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection with services, as specified in its schedules of charges in effect at the time the service was rendered. No company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without prior filing with the Agency. However, nothing in this section shall prohibit the giving by any company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the Act of Congress entitled “An Act to Regulate Commerce” and amendments to that Act.
5 V.S.A. § 3647 — VT Code / Title 5 / Chapter 68 / Section 3647
§ 3647. Allowing animal to be at large in roadway; damages; penalty
Status: in_force

When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.
5 V.S.A. § 694 — VT Code / Title 5 / Chapter 15 / Section 694
§ 694. Application
Status: in_force

Subject to the provisions of section 695 of this title, a municipality may apply to the Secretary for funds provided for the purposes of this subchapter when the municipality has received a tentative allocation of federal airport funds for a project. Upon approval of the application by the Secretary, the funds provided under terms of this subchapter will be allocated to the municipality and held for a reasonable time.
5 V.S.A. § 1824 — VT Code / Title 5 / Chapter 24 / Section 1824
§ 1824. Application for certificate of public good; hearing
Status: in_force

A certificate shall be issued only after written application has been made. Upon receipt of an application, the Board shall fix a time and place for hearing, which shall be in a town within which the route or a part of the route is proposed, and shall give notice of the pendency of the application and of the time and place of hearing to the applicant, and to any common carrier operating over any portion of the proposed route or over a route substantially parallel to the proposed route. The Board shall make an order for the publication of the substance of the petition and of the time and place of the hearing in a newspaper published in the county or counties where the proposed route is located, the publication to be at least 12 days before the day appointed for the hearing. A public hearing shall be held on the petition. To enable the provision of service for which there is an immediate or urgent need to a point or points within a territory having no carrier service capable of meeting those needs, the Board may, without hearings or other proceedings, grant temporary authority for the service by a common carrier. Temporary authority, unless suspended or revoked for good cause, shall be valid for the time as the Board shall specify but not more than an aggregate of 180 days and shall create no presumption that corresponding permit authority shall be granted.
5 V.S.A. § 774 — VT Code / Title 5 / Chapter 15 / Section 774
§ 774. Funds
Status: in_force

Funds appropriated for purposes enumerated in section 691 of this title may, at the discretion of the Secretary, be used for the purpose of this subchapter.
5 V.S.A. § 3424 — VT Code / Title 5 / Chapter 60 / Section 3424
§ 3424. Application of provisions of title
Status: in_force

The provisions of this title that impose upon a railroad corporation any duty, obligation, or liability shall apply to persons having the possession, control, or management of a railroad, or of the engines and cars running thereon, as lessees, assignees, trustees, or in any other capacity.
5 V.S.A. § 3566 — VT Code / Title 5 / Chapter 68 / Section 3566
§ 3566. Highway crossing railroad
Status: in_force

When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under, or cross the railroad and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad.
5 V.S.A. § 3725 — VT Code / Title 5 / Chapter 68 / Section 3725
§ 3725. Refusal to pay fare; penalty
Status: in_force

A person entering as a passenger upon a railroad train and refusing to pay his or her fare shall be fined not more than $20.00 nor less than $2.00.
5 V.S.A. § 3694 — VT Code / Title 5 / Chapter 68 / Section 3694
§ 3694. Rebate on fare paid on train; penalty
Status: in_force

A railroad corporation and its agents or employees shall not demand or receive for a single ticket bought or fare paid, on a train or elsewhere than at its ticket office, more than $0.10 in excess of the tariff rate charged at its ticket office. When such excess is received, the conductor or other person receiving it shall give to the passenger a certificate that shall entitle him or her to receive the excess so paid at any station of the corporation in exchange for such certificate if presented for redemption at any time within 30 days from the day of issue. A person or corporation that violates a provision of this section shall be fined not more than $100.00 nor less than $10.00 for each offense.
5 V.S.A. § 3454 — VT Code / Title 5 / Chapter 62 / Section 3454
§ 3454. Investigation of accidents; hearing; determination; publicity
Status: in_force

The Board shall inquire into the cause of every accident on a railroad resulting in loss of life and, in its judgment, into any accident, collision, or derailment of trains not so resulting. When, in its judgment, a public investigation is necessary in the interest of public safety, it shall fix a time and place of holding the same and shall summon the person operating the railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of an individual killed in the accident, to appear and give evidence regarding the cause of the accident. The Board shall also notify the State's Attorney of the county in which the accident occurred, who shall investigate the cause of the accident, produce witnesses who can give evidence in regard to the same, and attend and represent the State at the hearing. All parties summoned, and other persons interested, may appear and be made parties thereto, may produce witnesses or other evidence, and may be represented by counsel. On notice from the Board, the person operating the railroad shall produce all railroad employees who can give pertinent evidence in regard to the cause of the accident, free of expense to the State. The Board shall make public its determination in regard to the cause of the accident so investigated and cause a permanent record of its determination to be made.
5 V.S.A. § 1822 — VT Code / Title 5 / Chapter 24 / Section 1822
§ 1822. Jurisdiction of Transportation Board over common carriers
Status: in_force

A common carrier shall be subject to the jurisdiction of the Transportation Board and, while so operating, to all reasonable rules as the Board prescribes with respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. The operation of a motor vehicle the principal purpose of which is the carrying of mail under contract with the U.S. government shall not be construed as being engaged in the business of operating a motor bus within the meaning of this section and section 1820 of this title, notwithstanding incidental transportation of passengers for hire.
5 V.S.A. § 485 — VT Code / Title 5 / Chapter 13 / Section 485
§ 485. Service on Secretary; mailing copies; fees
Status: in_force

(a) Service of process under section 484 of this title shall be made by leaving a copy of the process with a fee of $20.00 with the Secretary or in his or her office. That service shall be sufficient service upon the person, provided that a copy of the process with the officer's return, showing service upon the Secretary as provided in this section, is sent by the plaintiff to the defendant by registered mail, and provided further that the plaintiff's affidavit of compliance with this section is filed with the process in court. The Secretary shall file copies served upon him or her as provided by this section, and show upon each copy the day and hour of service.

(b) This manner of service shall be in addition to all existing manner of service, rights, and remedies.
5 V.S.A. § 1811 — VT Code / Title 5 / Chapter 24 / Section 1811
§ 1811. Service to the public
Status: in_force

Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any company subject to supervision under this chapter for any provision or service shall be reasonable and without discrimination, except as may be provided in this chapter.
5 V.S.A. § 3698 — VT Code / Title 5 / Chapter 68 / Section 3698
§ 3698. Connecting roads not to charge more for short than long distance; exception
Status: in_force

Two or more corporations whose roads connect shall not charge or receive for the transportation of freight to any station on the road of either of them a greater sum than is, at the time, charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the road of either in the same direction. This section shall not be construed as affecting the right of any railroad corporation to establish such rates on freights shipped over its line in carload lots from points outside the State to points beyond the State as may seem for its best interests, and the sum charged or received for the transportation of freight shall include all terminal charges.
5 V.S.A. § 3407 — VT Code / Title 5 / Chapter 58 / Section 3407
§ 3407. Deposits into the Transportation Fund
Status: in_force

(a) Funds received by the State from past, present, and future service providers on State-owned railroad property, together with funds received by the State because of licenses, leases, easements, sales of real or personal property, or the like, pertaining to or arising from State-owned railroad property, shall be deposited in the Transportation Fund.

(b) The Agency of Transportation shall not charge any fee to abutting landowners who enter into agreements for noncommercial pipe or wire crossings of State-owned railroad property.
5 V.S.A. § 1809 — VT Code / Title 5 / Chapter 24 / Section 1809
§ 1809. Prosecution of cases before Board
Status: in_force

The Secretary of Transportation or his or her designee shall represent the public at a Board hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Board is required by law. In any proceeding, the Board may request the appearance of the Attorney General or appoint a member of the Vermont Bar to represent the interests of the public or State.
5 V.S.A. § 3761 — VT Code / Title 5 / Chapter 68 / Section 3761
§ 3761. Compensation; liability of employer
Status: in_force

The compensation and cost of training, including minimum basic training, of railroad police shall be paid by the person or corporation upon whose petition they are appointed. The person or corporation shall be liable to parties aggrieved by the official misconduct of the railroad police to the same extent as they are for the torts of other agents and employees of the railroad. The State of Vermont shall not be liable for the acts or omissions of railroad police appointed under this subchapter.
5 V.S.A. § 605 — VT Code / Title 5 / Chapter 15 / Section 605
§ 605. Single municipality; adjacent state
Status: in_force

A single municipality may direct an appropriate officer, board, or body to acquire or lease real property or may set apart and use real property owned by the municipality that, in the judgment of its legislative body, is not needed for any other public use, whether originally acquired by condemnation or purchase. The site for an airport or landing field must be approved by the legislative body. Sections 601-604 of this title shall apply to a single municipality as well as to two or more municipalities, provided that the legislative body of each municipality shall provide for the action by resolution. A municipality of this State is authorized to join with a municipality of an adjacent state for the purpose of this subchapter in which instance the provisions of this subchapter shall apply except as to acquisition of property in an adjacent state by condemnation proceedings.
5 V.S.A. § 3695 — VT Code / Title 5 / Chapter 68 / Section 3695
§ 3695. Equal charges and facilities; long and short haul
Status: in_force

A railroad corporation whose railroad is located in the State shall not charge a larger sum for the transportation of freight, merchandise, or passengers thereon for a less distance, to or from a way station on such road, than is charged for a greater distance. In case of a violation of this provision, the excess so charged may be recovered from such corporation, by the party aggrieved, in an action on this statute, with costs.
5 V.S.A. § 486 — VT Code / Title 5 / Chapter 13 / Section 486
§ 486. Continuances; costs
Status: in_force

The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee provided in section 485 of this title shall be taxed in the plaintiff's costs, if he or she prevails in the suit.
5 V.S.A. § 3583 — VT Code / Title 5 / Chapter 68 / Section 3583
§ 3583. Penalty
Status: in_force

When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.
5 V.S.A. § 3409 — VT Code / Title 5 / Chapter 58 / Section 3409
§ 3409. Delegation
Status: in_force

The Secretary, from time to time, may delegate to officers or employees of the Agency his or her authority under this chapter or under any uncodified laws pertaining to State-owned railroads.
5 V.S.A. § 3582 — VT Code / Title 5 / Chapter 68 / Section 3582
§ 3582. Crossings; use of audible warning device
Status: repealed

(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train's approach and shall be kept sounding until the train has crossed the highway.

(b) [Repealed.]

(c) [Repealed.]

(d) A railroad operating a train over a crossing at which the Federal Railroad Administration has approved establishment of a quiet zone under 49 C.F.R. Part 222 shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.

(e) Nothing in this section shall prohibit a railroad's use of an audible warning device in emergency circumstances.

(f) A municipality in which a crossing is located shall not, on the basis of the railroad's omission to sound an audible warning device because of a quiet zone established under 49 C.F.R. Part 222, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing.
5 V.S.A. § 3762 — VT Code / Title 5 / Chapter 68 / Section 3762
§ 3762. Reciprocity
Status: in_force

In order to more effectively carry out the purposes of this subchapter, the Governor of this State, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, empowering railroad police, subject to any regulations prescribed under such agreement, with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that the offense is committed on or against property owned, operated, or maintained by the employing or another railroad.
5 V.S.A. § 3430 — VT Code / Title 5 / Chapter 60 / Section 3430
§ 3430. Legislative control
Status: in_force

The provisions of this title shall at all times be subject to alteration, amendment, or repeal by the General Assembly.
5 V.S.A. § 428 — VT Code / Title 5 / Chapter 13 / Section 428
§ 428. Reporting an aircraft
Status: in_force

A person who demands money or any other thing of value or a benefit for himself or herself or another as a condition for disclosing the location of an aircraft that has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imprisoned not more than 90 days, or both.
5 V.S.A. § 3613 — VT Code / Title 5 / Chapter 68 / Section 3613
§ 3613. Foreign corporations holding real estate
Status: in_force

A foreign railroad corporation connecting at the line of this State with a domestic railroad corporation may acquire and hold in this State such real estate as it may find necessary, and may make such improvements thereon as shall enable it satisfactorily, to make such connection with the railroad in this State and may construct and maintain all necessary sidings, engine houses, car houses, turntables, and other necessary structures and appliances for terminal purposes as shall be required for the operation of its railroad.
5 V.S.A. § 3650 — VT Code / Title 5 / Chapter 68 / Section 3650
§ 3650. Penalty
Status: in_force

Unless the Board has extended the time for cause shown, a railroad corporation failing to comply with such order for more than 20 days after the time fixed by the Board shall be fined not more than $25.00 for each day's failure. The corporation shall be further liable to the party aggrieved for the damages the party sustains in consequence of the failure.
5 V.S.A. § 3727 — VT Code / Title 5 / Chapter 68 / Section 3727
§ 3727. Only company's engines to be run on road; penalty
Status: in_force

A locomotive, engine, or other power shall not run upon a railroad, except those that belong to and are controlled by the person owning and managing the road, unless by the person's consent. An engineer or other person violating the provisions of this section shall be liable to the person owning and managing the road for the damages sustained due to the violation and shall be fined not more than $500.00. If a collision of trains results from the violation of this section and an individual is killed, the engineer or other person shall be guilty of manslaughter. This section shall not be enforced when it conflicts with the charter of a railroad corporation organized under the laws of this State.
5 V.S.A. § 205 — VT Code / Title 5 / Chapter 9 / Section 205
§ 205. Duties of Agency generally
Status: in_force

(a) The Agency shall have general supervision over aeronautics within this State.

(b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. The Agency shall represent the State in aeronautical matters before federal and state agencies. The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding that involves the interest of the State in aeronautics.

(c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part.

(d) The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection.

(e) Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.

(f) The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary.

(g) The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title.

(h) The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the General Assembly for that purpose.

(i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities:

(A) locating aircraft believed lost and down within Vermont;

(B) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and

(C) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont.

(2) Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies that can contribute in such emergencies, each agency's contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors.

(3) The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel.

(4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities.

(j) The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports.
5 V.S.A. § 3542 — VT Code / Title 5 / Chapter 68 / Section 3542
§ 3542. Right to alter highway
Status: in_force

When it is necessary for a railroad corporation to lay out its road upon or by the side of a highway, or upon a bridge owned by a town or the Agency of Transportation, the railroad corporation shall give notice thereof to a member of the selectboard of the town (where the proposed alteration involves a town highway) or the Secretary of Transportation (where the proposed alteration involves a State highway). When the railroad corporation cannot agree with the selectboard members or with the Agency of Transportation on a road to be worked or a bridge to be built by the railroad corporation, in place of such road or bridge, or on the amount of damages, the Transportation Board shall direct it to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties require. Upon the construction of such road or bridge, the road or bridge so located upon shall vest in the railroad corporation.
5 V.S.A. § 1011 — VT Code / Title 5 / Chapter 17 / Section 1011
§ 1011. Permits as to structures
Status: in_force

Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. The permit shall be issued if the structure, as erected or altered, conforms with the regulations, or will not constitute a greater hazard than the structure that is replaced or altered. In any event, however, all regulations shall provide that before any nonconforming airport hazard may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing the replacement, change, or repair. A permit shall not be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming airport hazard or use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted.
5 V.S.A. § 1828 — VT Code / Title 5 / Chapter 24 / Section 1828
§ 1828. Safe operation of motor buses
Status: in_force

Common carriers shall furnish motor buses and operate them in a manner that will afford safety and protection to their passengers and to the public.
5 V.S.A. § 481 — VT Code / Title 5 / Chapter 13 / Section 481
§ 481. Lien for damages
Status: in_force

The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damages caused by the aircraft or objects falling from it when the owner or lessee is liable for the damages.
5 V.S.A. § 3404 — VT Code / Title 5 / Chapter 58 / Section 3404
§ 3404. Right of first refusal
Status: in_force

(a) All railroad operating properties within the State offered for sale by a railroad, other than to another railroad for continued operation, shall also be offered to the State of Vermont. The offer shall be made in writing and shall be sent by certified mail to the Agency. The offer shall include a map and a description of the property, the price, if available, a description of the present and past railroad use of the property, and any terms, reservations, or conditions the railroad proposes to include as part of the sale. Within 365 days, less any period of time that has elapsed because of the pendency of abandonment proceedings before the Surface Transportation Board or the imposition of public use conditions under 49 U.S.C. § 10905, the Agency shall accept or reject the offer. If the Agency either rejects or fails to accept the offer in a timely manner, the State's preferential right under this section shall terminate, but in no event shall the railroad offer to sell the property, or any portion of it, to any other person on terms more favorable than the final terms offered to the Agency.

(b) For purposes of this section, “railroad operating properties” shall mean any land, structures, buildings, rails, ties, ballast, signals, and materials that have been or are being used for rail transportation purposes and that are located within the limits of the railroad's roadway; provided, however, that if a railroad offers to sell any property in connection with its abandonment of a line, “railroad operating properties” shall also include any real or personal property of whatever description abutting the railroad's roadway that has been or is being used for rail transportation purposes and that is reasonably necessary to continued railroad operation or other public use.
5 V.S.A. § 1806 — VT Code / Title 5 / Chapter 24 / Section 1806
§ 1806. Report of accidents; investigation
Status: in_force

The superintendent or manager of any transportation company subject to supervision under this chapter shall notify the Agency by telephone or wire and subsequently in writing of any accident within this State, immediately after its occurrence, that results in loss of life or injury to any person that shall incapacitate him or her from engaging in his or her usual vocations. The Agency shall inquire into the cause of every accident about which it is notified, and if, in its judgment, a public investigation is necessary, it shall fix a time and place for holding an investigation, and shall proceed as provided in provisions of law relating to investigation of accidents upon railroads.
5 V.S.A. § 3546 — VT Code / Title 5 / Chapter 68 / Section 3546
§ 3546. Additional lands
Status: in_force

A railroad corporation may take additional lands for the purposes mentioned in sections 3543–3545 of this title as the Transportation Board judges necessary. Unless the taken lands are purchased or given, compensation for the lands shall be determined by the Transportation Board, as in other cases, and made by the railroad corporation to the owners and persons interested in the lands. When compensation is made, the same shall become part of the highway, and may be held for highway purposes, and the landowners and railroad corporation shall have the same right of appeal as in other cases of land damages.
5 V.S.A. § 1819 — VT Code / Title 5 / Chapter 24 / Section 1819
§ 1819. Special rate or rebate; penalty
Status: in_force

Except as provided in section 1818 of this title, an officer or employee of a transportation company who grants or knowingly consents to a special rate or rebate shall be fined not less than $100.00 nor more than $1,000.00 and the company granting a rebate shall be fined not less than $500.00 nor more than $5,000.00 for each offense.
5 V.S.A. § 3588 — VT Code / Title 5 / Chapter 68 / Section 3588
§ 3588. Nuisance on highway; penalty
Status: in_force

A person or corporation owning or operating a railroad or the agents or employees thereof, shall not allow a handcar or other nuisance to be left on the railroad track or at the side of such track within the bounds of a highway crossed by such railroad. An agent or employee of a railroad corporation who violates the provisions of this section shall be fined not more than $20.00 nor less than $5.00.
5 V.S.A. § 1820 — VT Code / Title 5 / Chapter 24 / Section 1820
§ 1820. Motor bus defined
Status: in_force

A motor bus is defined to be any motor vehicle, other than a street car, operated upon the public streets and highways along a regular route, and in the operation of receiving, discharging, and transporting passengers for hire. However, this definition shall not be construed to apply to transportation services, the route and destination of which are under the direction and subject to the control of the passengers so transported.

In the first sentence, added “of” preceding “receiving” for clarity.
5 V.S.A. § 2 — VT Code / Title 5 / Chapter 1 / Section 2
§ 2. Transportation Board; generally
Status: in_force

The provisions of this part set forth the duties, authority, and responsibility and procedures of the Transportation Board relative to the provisions of this title, except as otherwise provided.
5 V.S.A. § 3584 — VT Code / Title 5 / Chapter 68 / Section 3584
§ 3584. Gates; electric signals; flaggers
Status: in_force

When requested in writing by three or more freeholders or registered voters or residents of a city or village to order a gate or electric signal to be erected, or a flagger to be stationed at any railroad crossing at grade within such city or village, or when so requested by three or more freeholders or registered voters or residents of a town to order an electric signal to be erected at any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation Board shall visit that place, first giving the parties making the request, the Secretary of Transportation, and the railroad corporation notice thereof. If the public safety requires, the Board shall order the corporation operating the railroad to do any act at that place needful for the protection of the public and may make any other order or further order it deems necessary in the premises, including an order, after hearing and due notice to the parties in interest, directing the State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and equitable. The Board shall not make further order without first visiting the place and giving the railroad corporation, the Secretary of Transportation, and the parties making request an opportunity to be heard thereon.
5 V.S.A. § 3732 — VT Code / Title 5 / Chapter 68 / Section 3732
§ 3732. Damages for fire communicated by engine
Status: in_force

A person or corporation owning or operating a railroad shall be responsible in damages for injury to a building or other property caused by fire communicated by a locomotive engine on such road unless due caution and diligence are used and suitable expedients employed to prevent such injury. The person or corporation shall have an insurable interest in the property along its route and may procure insurance thereon.