reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7011. Injuring or tampering with signals

§7011. Injuring or tampering with signals
Whoever intentionally and without right injures, destroys or molests any signal of a railroad corporation, or any line, wire, post, lamp or other structure or mechanism used in connection with any signal on a railroad or destroys, or in any manner interferes with the proper working of, any signal on a railroad, shall be punished by a fine of not more than $500 or by imprisonment for not more than 2 years.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7012. Location of railroad near station of another company

§7012. Location of railroad near station of another company
No railroad company may construct or maintain a track or run an engine or cars on a street or highway so near any station of another railroad as to endanger the safety and convenient access to and use of that station for ordinary station purposes.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7013. Interference with performance of duty

§7013. Interference with performance of duty
Obstruction or interference with the performance of any act authorized or required in this chapter is declared to be a misdemeanor and any person convicted of the same shall be punished by a fine of not more than $20 or by imprisonment for not more than 30 days. Jurisdiction over each such offense is conferred on the District Court.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 611: SAFETY PROVISIONS › 23 §7014. Orders

§7014. Orders
The Superior Court is given full jurisdiction to enforce compliance with any order issued prior to January 1, 1982, by the Public Utilities Commission or any order issued by the Department of Transportation under this chapter. It is the duty of the Department of Transportation to see that the rights of the public under this chapter are fully protected.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7081. Construction aid; proceedings

§7081. Construction aid; proceedings
A city or town by a 2/3 vote, at any legal meeting called for the purpose, may raise by tax or loan, from time to time or all at once, a sum not exceeding in all 5% on its regular valuation for the time being, to aid in the construction of railroads in such manner as it deems proper and for that purpose may contract with any person or railroad corporation. At the meetings the legal voters shall ballot, those in favor of the proposition voting "Yes," and those opposed voting "No." The ballots cast shall be sorted, counted and declared in open town meeting and recorded and the clerk shall make return of the ballots to the municipal officers who shall examine the return and, if 2/3 of the ballots cast are in favor of the proposition, the officers shall proceed to carry the proposition into effect.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7082. Payment of loan

§7082. Payment of loan
A city or town raising money by loan or under authority conferred by special Act of the Legislature shall raise and pay or fund besides the interest, each year after the third, not less than 3% of the principal. Any city or town receiving money, bonds, certificates of indebtedness or other evidence of debt in consideration of exchange, release or sale of its securities held to indemnify the city or town for having loaned its credit or issued its bonds in aid of any railroad shall hold that money, bonds, certificates of indebtedness or other evidence of debt, or the proceeds thereof as a trust fund to liquidate the outstanding liabilities so long as they may continue.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7083. Call for meetings in cities and proceedings

§7083. Call for meetings in cities and proceedings
Meetings for the purposes set out in this chapter in cities shall be called by the municipal officers, on the order of the common council, like meetings for the election of city officers and the council shall set forth in their order the substance of the proposition to be inserted in the warrant. At the meetings, the voters shall vote in wards by ballot, those in favor of the proposition in the warrant voting "Yes," and those opposed voting "No," and the ballots cast shall be sorted, counted and declared in open ward meeting and recorded. The clerks shall make returns of the ballots to the municipal officers who shall examine them. If 2/3 of the ballots cast are in favor of the proposition, the officers shall proceed to carry it into effect. Lists of voters for use at the meetings shall be prepared in the same manner as for meetings for elections of town or city officers and the lists shall be used at all meetings held under this section and section 7081.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7084. Only one vote a year on same question

§7084. Only one vote a year on same question
Whenever a city or town has voted at any legal meeting upon any question of loaning its credit to, or taking stock in, or in any way aiding any person or corporation, the city or town shall not vote again upon the same subject, except at its annual meetings.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7085. Town agents may vote on town stock

§7085. Town agents may vote on town stock
When a city or town holds stock in a railroad, the municipal officers, or an agent appointed by them in writing, may vote at any meeting of the corporation.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 613: MUNICIPAL AID TO CONSTRUCTION › 23 §7086. Citizens eligible as directors

§7086. Citizens eligible as directors
Whenever any city or town in the State, in its corporate capacity, holds 1/5 or more of the shares in the capital stock of any railroad incorporated by the Legislature, any citizen of the city or town, being a freeholder and resident, is eligible as a director of the railroad company.   [PL 1987, c. 141, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7101. Short title

§7101. Short title
This subchapter shall be known and may be cited as the "State Railroad Preservation and Assistance Act."   [PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 792, §2 (NEW). PL 1987, c. 794, §1 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7102. Findings of fact

§7102. Findings of fact
The Legislature makes a finding of fact that a viable and efficient rail transportation system is necessary to the economic well-being of the State.   [PL 1989, c. 398, §7 (RPR).]
The Legislature makes a further finding of fact that the State must take active steps to protect and promote rail transportation in order to further the general welfare.   [PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 794, §1 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7103. Railroad Preservation and Assistance Fund (REPEALED)

§7103. Railroad Preservation and Assistance Fund
(REPEALED)
SECTION HISTORY
PL 1987, c. 794, §1 (NEW). PL 1989, c. 398, §7 (RPR). PL 1989, c. 791, §§1,2 (AMD). PL 1995, c. 504, §B8 (AMD). PL 2003, c. 498, §3 (AMD). PL 2003, c. 498, §12 (AFF). PL 2005, c. 248, §1 (AMD). PL 2005, c. 457, §GGG4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7103-A. Deposit into Multimodal Transportation Fund account

§7103-A. Deposit into Multimodal Transportation Fund account
The Treasurer of State shall receive all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865 and shall deposit all revenue in the Multimodal Transportation Fund account established in section 4210-B.   [PL 2011, c. 649, Pt. E, §3 (AMD).]
SECTION HISTORY
PL 2005, c. 457, §GGG5 (NEW). PL 2011, c. 649, Pt. E, §3 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7104. Major modifications in rail service

§7104. Major modifications in rail service
1.  Notice required.
Any railroad which files a petition or proposal with the United States Interstate Commerce Commission concerning the sale, merger, abandonment or embargo of any railroad line in this State shall concurrently file a copy of the petition or proposal with the department. Any person, corporation or other entity which proposes to acquire or construct an additional railroad line in this State or provide rail transportation over or by means of an extended or additional railroad line and which files a petition or proposal with the United States Interstate Commerce Commission to do so shall concurrently file a copy of the petition or proposal with the department, and shall include information on the fitness and ability, including management, financial condition and employee complement, of the entity proposing to provide the rail service to provide safe, efficient and reliable rail service.
[PL 1989, c. 398, §7 (NEW).]
2.  Review; report.
The department shall review any petition or proposal for major modification to the rail service in the State filed under subsection 1. On the conclusion of its review, the department shall report to the Governor and the Legislature if the proposal has a major effect on rail service in the State.
[PL 1989, c. 398, §7 (NEW).]
3.  Failure to notify.
Any entity which fails to file notice with the department required by this section, shall not be approved to receive financial assistance from the State, as defined in section 7320, subsection 1, for one year next following the date the notice is required to be filed.
[PL 1989, c. 398, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §7 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7106. Railroads; acquisition of railroad operating equipment by the Department of Transportation

§7106. Railroads; acquisition of railroad operating equipment by the Department of Transportation
1.  Definition of term "railroad operating equipment."
[PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §4 (RP).]
2.  Acquisition of railroad operating equipment.
The Department of Transportation is authorized to lease, purchase and dispose of railroad operating equipment when in the judgment of the department the purchase or disposal of the equipment is necessary to protect the public interest.
[PL 1989, c. 398, §7 (NEW).]
3.  Cooperation, acceptance and use of federal, local or private funds.
The Department of Transportation is authorized and empowered to accept, for the State any federal, municipal or private funds as may be available and to act for the State, in conjunction with the Federal Government, municipal governments and private groups having a direct interest in the acquisition of railroad operating equipment.
[PL 1989, c. 398, §7 (NEW).]
4.  Use of state funds prohibited.
[PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §4 (RP).]
5.  State liability.
The State is not held liable in any contract pursuant to this chapter for the leasing or purchasing of equipment, facilities or services; for the delivery of products; for the storage of products; or for any other service or financial commitment that may result from the implementation of this chapter.
[PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §5 (AMD).]
SECTION HISTORY
PL 1989, c. 398, §7 (NEW). PL 1989, c. 791, §§4,5 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7107. Dismantling of state-owned track or other nonrail use

§7107. Dismantling of state-owned track or other nonrail use
Except as provided in this section, the Department of Transportation may not dismantle or change state-owned track for a nonrail use or contract with a state agency or private entity for the dismantling or changing of state-owned track for a nonrail use. When the department, in consultation with a regional economic planning entity and a regional transportation advisory committee established in accordance with rules adopted under section 73, subsection 4, determines that removal of a specific length of rail owned by the State will not have a negative impact on a region or on future economic opportunities for that region, the Commissioner of Transportation shall seek review by the joint standing committee of the Legislature having jurisdiction over transportation matters prior to removal.   [PL 2021, c. 239, §3 (AMD).]
The Department of Transportation may not convert a state-owned rail corridor in which the department controls the right-of-way to a nonrail recreational or nonrecreational transportation use without following the rail corridor use advisory council process established under section 75 and without legislative approval. If the Commissioner of Transportation receives a report from a rail corridor use advisory council established under section 75 that includes a recommendation of track removal or other change for nonrail use and the commissioner concurs with that recommendation, the commissioner shall seek legislative approval of the recommendation by submitting legislation to the joint standing committee of the Legislature having jurisdiction over transportation matters prior to track removal or the other change for nonrail use. Legislation submitted under this section must include language stating that any track removal or other change for nonrail use is considered interim in nature and that the rail corridor will be preserved for future rail use as provided under this chapter.   [PL 2021, c. 239, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 498, §4 (NEW). PL 2021, c. 239, §3 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 1: RAILROAD PRESERVATION, ASSISTANCE AND ACQUISITION › 23 §7108. Calais Branch rail corridor

§7108. Calais Branch rail corridor
1.  Repaid funds to be used to preserve rail corridor.
Notwithstanding any other provision of law, funds repaid to the Department of Transportation as a result of state investments or loans for the redevelopment of the Calais Branch rail corridor must be used by the department to preserve the rail corridor.
[PL 2007, c. 329, Pt. O, §1 (NEW).]
2.  Reservation of right to use rail corridor for rail purposes.
The Department of Transportation reserves the right to terminate at any time the use of the Calais Branch rail corridor for recreational purposes and to use the Calais Branch rail corridor for railroad purposes.
[PL 2007, c. 329, Pt. O, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 329, Pt. O, §1 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 2: ACQUISITION OF RAILROAD LINES › 23 §7151. Legislative findings; declaration of policy

§7151. Legislative findings; declaration of policy
1.  Legislative findings.
The Legislature finds that safe, efficient and reliable rail service is essential to the economy of the State, the economic livelihood of industries located in the State, conservation and protection of the environment and the quality of life of the citizens of the State. The Legislature further finds that safe and efficient railroad service is essential to the State's public safety and the continued health and well-being of its citizens, particularly because of railroad transportation of bulk cargoes and hazardous and toxic substances, and the significant dangers that result from mishandling those and other cargoes.
[PL 1989, c. 398, §7 (RPR).]
2.  Declaration of policy.
It is declared to be the policy of the State that the State and its agencies shall cooperate with the Congress of the United States and the appropriate federal agencies to assure the development and maintenance of safe, efficient and reliable rail service for the State. For any railroad line acquired under this chapter, it is the intent of the Legislature that the State may acquire the railroad line, but the State may not be an operator of the railroad.
[PL 1991, c. 371 (AMD).]
SECTION HISTORY
PL 1987, c. 748 (NEW). PL 1989, c. 398, §7 (RPR). PL 1991, c. 371 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 2: ACQUISITION OF RAILROAD LINES › 23 §7152. Definitions

§7152. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 398, §7 (RPR).]
l.  Financially responsible person.
"Financially responsible person" means a financially responsible person, as defined in the United States Code, Title 49, Section 10910(a), who intends to acquire, lease or contract to operate all or part of the railroad line in question.
[PL 1989, c. 398, §7 (RPR).]
2.  Person.
"Person" means a natural person, corporation, partnership or state agency.
[PL 1989, c. 398, §7 (RPR).]
3.  Railroad line.
"Railroad line" means the right-of-way, track, track appurtenances, ties, bridges, station houses, sidings, terminals and other appurtenant structures of a railroad.
[PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 748 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 2: ACQUISITION OF RAILROAD LINES › 23 §7153. Hearings and report

§7153. Hearings and report
1.  Request for hearing.
The department shall hold a hearing with regard to a railroad line if requested by any of the following:
A. A shipper or shippers whose traffic on the railroad line totaled 500 tons in the year immediately preceding the application;   [PL 1989, c. 398, §7 (RPR).]
B. Any municipality having a siding, terminal, station or agency station of the railroad line within its bounds; or   [PL 1989, c. 398, §7 (RPR).]
C. A financially responsible person.   [PL 1989, c. 398, §7 (RPR).]
[PL 1989, c. 398, §7 (RPR).]
2.  Notice; testimony at hearing.
Not less than 14 days prior to holding a hearing, the department shall send written notice of the date and location to the parties requesting a hearing as well as the affected railroad company. In addition, the department shall publish 2 notices of the hearing in a newspaper of general circulation in the area of the State affected. Testimony received at the hearing may include the following:
A. Whether the railroad has adequate rail service to fulfill public convenience and necessity;   [PL 1989, c. 398, §7 (RPR).]
B. Whether the operator of the railroad is providing safe, efficient and reliable rail service;   [PL 1989, c. 398, §7 (RPR).]
C. Whether the rail service over the railroad has substantially impaired the ability of the shippers or municipalities that depend upon it;   [PL 1989, c. 398, §7 (RPR).]
D. Whether the operation of the railroad has endangered the lives or property of the citizens of this State, including railroad employees;   [PL 1989, c. 398, §7 (RPR).]
E. Whether the operator of the railroad has refused or failed within a reasonable time to make necessary improvement to provide safe, efficient and reliable rail service; and   [PL 1989, c. 398, §7 (RPR).]
F. Other relevant issues.   [PL 1989, c. 398, §7 (RPR).]
[PL 1989, c. 398, §7 (RPR).]
3.  Report.
Upon conclusion of the hearing, the department shall issue a report concerning the operation of the railroad which shall be forwarded to the petitioning parties as well as the railroad company. In addition, this report shall be presented to the Governor as well as the President of the Senate and the Speaker of the House of Representatives. The department may also forward this report to the Interstate Commerce Commission, the Federal Railroad Administration or any other federal agency which is involved in the regulation of railroads.
[PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 748 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 2: ACQUISITION OF RAILROAD LINES › 23 §7155. Conditions of sale, lease and operation

§7155. Conditions of sale, lease and operation
1.  Financial conditions on sale, lease or operating contract.
Any railroad line acquired pursuant to this chapter may be sold, leased or contracted to an operator, but only upon terms at least as favorable to the State as follows:
A. All of the costs of acquiring the railroad line and associated property shall be recovered by the State; and   [PL 1989, c. 398, §7 (RPR).]
B. The credit of the State shall not be pledged unless separately authorized as required by the Constitution of Maine, Article IX, Section 14.   [PL 1989, c. 398, §7 (RPR).]
[PL 1989, c. 398, §7 (RPR).]
2.  State operation of railroad prohibited.
In no event may the department or any other unit of State Government directly operate a railroad over a railroad line acquired under this chapter. The department may own the railroad line and lease or otherwise contract for its use by a private operator.
[PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 748 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 2: ACQUISITION OF RAILROAD LINES › 23 §7156. Employee protection

§7156. Employee protection
Any person acquiring or operating a railroad line under this chapter shall:   [PL 1989, c. 398, §7 (RPR).]
1.  Hiring priority.
Give a first right of hire to fill any subordinate official or nonmanagement position in the staffing of the new rail operation in the following order of priority:
A. First, all employees who are required to be accorded priority under federal law, employee protection obligations imposed by law, regulations or contracts which require the new operator to select employees of the prior operator and existing or future collective bargaining agreements;   [PL 1989, c. 398, §7 (RPR).]
B. Second, all employees, in seniority order for each craft or class, who hold or held seniority rights in, or in connection with, the railroad line when it was last operated by its prior operator;   [PL 1989, c. 398, §7 (RPR).]
C. Third, employees drawing benefits under the United States Railroad Unemployment Insurance Act, United States Code, Title 45, chapter 11, first in the geographical area in which the railroad line is located and then elsewhere within the State; and   [PL 1989, c. 398, §7 (RPR).]
D. Fourth, any other individual;   [PL 1989, c. 398, §7 (RPR).]
[PL 1989, c. 398, §7 (RPR).]
2.  Existing employment obligations and practices.
Assume the existing employment obligations and practices of the railroad whose property is condemned, including all agreements governing rates of pay, rules and working conditions, until changes are made by agreement or otherwise, in accordance with applicable law; and
[PL 1989, c. 398, §7 (RPR).]
3.  Employee protection.
Agree to provide a fair arrangement to protect the interests of railroad employees who are affected by the condemnation which is at least as protective of the interests of those employees as the levels of protection established by regulation or decision of the Interstate Commerce Commission.
[PL 1989, c. 398, §7 (RPR).]
Any person who is entitled to priority of employment under this section shall be presumed to be physically and mentally qualified to perform the same or comparable work with the new employer.   [PL 1989, c. 398, §7 (RPR).]
SECTION HISTORY
PL 1987, c. 748 (NEW). PL 1989, c. 398, §7 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7171. Short title (REPEALED)

§7171. Short title
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7172. Definitions (REPEALED)

§7172. Definitions
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7173. Initiation and establishment of passenger rail service (REPEALED)

§7173. Initiation and establishment of passenger rail service
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7174. Contracts; studies (REPEALED)

§7174. Contracts; studies
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7175. Initial funding (REPEALED)

§7175. Initial funding
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7176. Additional funding (REPEALED)

§7176. Additional funding
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7177. Federal funds (REPEALED)

§7177. Federal funds
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7178. Municipalities (REPEALED)

§7178. Municipalities
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7179. Reasonable fares (REPEALED)

§7179. Reasonable fares
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7180. Satisfaction of operating deficits (REPEALED)

§7180. Satisfaction of operating deficits
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 615: STATE RAILROAD PRESERVATION ACT › Subchapter 3: PASSENGER RAIL SERVICE › 23 §7181. Rules of construction (REPEALED)

§7181. Rules of construction
(REPEALED)
SECTION HISTORY
RR 1991, c. 1, §33 (COR). PL 1991, c. 587 (NEW). PL 1995, c. 374, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7201. Land taken from railroad; notice and hearing

§7201. Land taken from railroad; notice and hearing
No town way, city street, public easement or highway taking land of any railroad corporation shall be located, unless a notice of the time and place of the hearing on the location has been served on the president, any vice-president, any director, the treasurer or any assistant treasurer, the general manager or the clerk of the corporation at least 7 days before the time for the hearing. In case a corporation has no officer within the State, service shall be made on its duly authorized agent or attorney within the State. Service in like manner shall be made on any corporation which operates a railroad of another corporation under lease or other agreement.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7202. Location of railroad crossings; expense; appeals

§7202. Location of railroad crossings; expense; appeals
Town ways and highways may be laid out across, over or under any railroad track or through or across any land or right-of-way of any railroad corporation, if the Department of Transportation, after notice and hearing, so determines. The Department of Transportation may refuse its permission or grant permission on terms and conditions as it may prescribe, and the need, if any, for installation, maintenance and operation of signals, gates or other protective measures and may determine whether the expense of building and maintaining so much of the way as is within the limits of the railroad corporation shall be borne by the corporation or by the municipality in which the way is located or by the State, or the Department of Transportation may apportion the expense between the railroad corporation and the municipality or State. The expense of operating and maintaining any protective device shall be borne by the corporation operating the railroad. The expense of installing protective devices at crossings on state and state aid highways shall be apportioned between the railroad corporation and the State as the Department of Transportation shall determine. The expense of installing protective devices at crossings on town ways shall be apportioned between the railroad corporation and the municipality as the department shall determine. The Department of Transportation shall report its determinations and decisions, file the same in its principal office at Augusta and send copies by mail or otherwise to each of the parties subject to the determination, order or decision. Determinations, orders or decisions shall be final and binding on all parties unless an appeal from any determination, order or decision shall be taken to the Superior Court in the county where the crossing is located. The Department of Transportation shall be made a party in the appeal. The appellant shall, within 14 days from the date of the filing of the determination, order or decision, file in the office of the department its reasons for appeal and shall cause to be served on any other interested parties a copy of the reasons for appeal certified by the department. The presiding Justice shall make an order or decree on the appeal as law and justice may require. An appeal may be taken to the law court as in other actions. The final adjudication shall be recorded as provided in section 7204 and a copy of the final decision sent to the Department of Transportation. Costs may be taxed and allowed to either party at the discretion of the court.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7203. Maintenance of railroad crossings already laid out

§7203. Maintenance of railroad crossings already laid out
Notwithstanding any section of Part 7, in case of ways already laid out which cross over or under any railroad track or tracks and not at grade, the allocation of the expense of maintaining so much of the way as is within the limits of the railroad shall be determined, de novo, as provided by section 7202, by the Department of Transportation on application to it by any corporation whose track is or tracks are so crossed, or on application by the municipal officers of any town in which the crossing is located, or on application by the Department of Transportation.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7204. Recording adjudications of Department of Transportation

§7204. Recording adjudications of Department of Transportation
Adjudications of the Department of Transportation relating to ways shall be recorded in the office in which the location of the way must be recorded.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7205. Crossing of public ways

§7205. Crossing of public ways
Railroads may cross any public highways in the line of the railroad, but may not pass along public highways without the written consent of the officials charged by statute with the duty of maintenance of these ways; but when a railroad is hereafter laid out across a public way, it shall be constructed so as to pass either over or under the way unless the Department of Transportation, after notice and hearing, authorizes a crossing at grade. Before entering on the construction of any railroad along or across public ways, the manner and conditions of crossings shall be determined as provided by section 7202.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7206. Ways raised or lowered; course altered

§7206. Ways raised or lowered; course altered
Highways and other ways may be raised or lowered, or the course of the highways may be altered, to facilitate a crossing or to permit a railroad to pass over or under the highway or at the side of it, on application to the Department of Transportation, and proceedings as provided by section 7202, and for these purposes land may be taken and damages awarded as provided for laying out highways and other ways. The department may prescribe the manner in which the work shall be done by the corporation. While the use of any way is thereby obstructed, a temporary way shall be provided by the corporation.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7207. Discontinuance of railroad crossings

§7207. Discontinuance of railroad crossings
Any railroad corporation or the municipal officers of a city or town in which a public way crosses or is crossed by a railroad, whether at grade or otherwise, may file a petition in writing with the Department of Transportation alleging that the crossing is no longer required by the public and praying that it may be closed or discontinued. The department shall, on receipt of a petition, appoint a time for hearing on the petition, after notice of not less than 10 days to the petitioners, the railroad corporation owning or operating the railroad and the city or town in which the crossing is located. After the notice and hearing, if the department finds that the crossing is no longer required by the public, it may order that the crossing be closed or discontinued. The department may close or discontinue railroad crossings, after notice of not less than 10 days to the railroad and municipality, or after hearing if requested within the 10 days either by the railroad or the municipality.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7208. Damages for neglect

§7208. Damages for neglect
When the corporation unnecessarily neglects to perform the acts so required, those injured may recover damages in a civil action, commenced within one year after performance is required.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7209. Bridges over canals or railroads; repairs; proceedings where unsafe conditions

§7209. Bridges over canals or railroads; repairs; proceedings where unsafe conditions
A railroad may be carried over or under a canal or railroad in a manner as not unnecessarily to impede the travel or transportation on them. The corporation making the crossing is liable for damages, occasioned by making the crossing, in a civil action. Bridges and their abutments, constructed for a crossing of any way, shall be kept in repair by the corporation, or by persons or parties running trains on any railroad crossing a highway or town way. The municipal officers of any city or town may give notice in writing to persons, parties or corporations that a bridge required at the crossing has not been erected, or is out of repair and not safe and convenient, within the requirements of section 3651, or that the crossing of any highway or town way passing the railroad at grade, within their respective cities or towns, is not made or maintained safe and convenient as required by this section. Those persons, parties or corporations shall erect or repair the bridge or make the crossing safe and convenient within 10 days from the service of the notice. If they neglect to do so, any one of the municipal officers may apply to the Superior Court to compel the delinquents to erect or repair the bridge or make the crossing. After hearing, the court may make any order on the hearing, which the public convenience and safety require, and may by injunctions compel the respondents to comply with the order. The officers may, after 10 days from the service of the notice, cause necessary repairs to be made and the expense of the repairs shall be paid by the persons, parties or corporations whose duty it is to keep the crossing safe and convenient.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7210. Temporary crossings

§7210. Temporary crossings
A railroad company may, for the purpose of accommodating lumbering operations and for the transportation in ordinary vehicles of wood, coal, ice, hay or other commodities, establish and maintain temporary crossings of any railroad operated by it, by agreement with any person who may request the crossing for its purposes. On petition, the Department of Transportation, after notice and hearing, may direct any railroad company to establish and maintain the temporary crossings at places on its line of road as the department deems expedient, and after that the railroad company shall establish the crossings and maintain them in accordance with this section and sections 7211 to 7213.   [PL 1989, c. 398, §8 (NEW).]
Whenever, in the opinion of the department, any temporary railroad crossing established under this section is no longer necessary, the department may, on its own motion or on petition of any interested party, after notice and hearing, order the crossing discontinued.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7211. Crossing signs on each side of track; whistle and bell

§7211. Crossing signs on each side of track; whistle and bell
At every temporary crossing, established in accordance with section 7210, boards with the words "Temporary railroad crossing, stop, look, listen" distinctly painted on each side, in letters plainly legible, shall be placed on each side line of the railroad right-of-way at the crossing, on a post or other structure, in a position as to be easily seen by persons about to cross the railroad at those places. For any crossing so established, engine bells shall be rung and engine whistles sounded, as provided in section 7214.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7212. Precautions at crossings

§7212. Precautions at crossings
No team or vehicle may be driven over any temporary crossing unless the team or vehicle is first stopped within a reasonable distance from the nearest rail of the crossing, and the operator, by looking and listening, determines that nothing is approaching on the tracks of the railroad. Nothing in this section may prevent the Department of Transportation from making further rules for safety at any crossing established under its direction as it deems expedient or necessary.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7213. Crossings kept open part of year; expense apportioned

§7213. Crossings kept open part of year; expense apportioned
Each temporary crossing shall be kept open only during the time each year as the parties interested in the crossing may agree on, or as the Department of Transportation may specify in cases where the department directs the crossings to be established. When the department directs any temporary crossing to be established, it shall determine who shall bear the expense of establishing and maintaining the crossing and it may, if it sees fit, apportion the expense between the railroad company and the person or persons who have petitioned for the crossing. The expense of the crossing signs and the planking between the rails shall in any event be borne by the railroad company.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7215. Failure to comply; damages

§7215. Failure to comply; damages
For unnecessarily neglecting to comply with any provision of section 7214, the corporation forfeits not more than $500. The corporation is liable for damages for its neglect to comply with these provisions, or for the neglect of any agent or for the mismanagement of an engine, to be recovered in a civil action by the person damaged by the neglect.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7216. Right of entry

§7216. Right of entry
The officers, agents and employees of the Department of Transportation may enter in and on property of any railroad corporation for the purpose of inspecting railroad-highway crossings and attendant facilities, including grade separation facilities.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7217. Plant railroads

§7217. Plant railroads
Sections 1251, 1254, 7202, 7205, 7206 and 7214, so far as applicable, apply to plant railroads. The term "plant railroad" means a railroad of the owners of any mills, mines, quarries, gravel pits, log landings or yards, warehouses, storehouses, stock yards, bulk storage yards, airports, piers, docks, shipyards, educational institutions, power plants, gas works, petroleum tank farms or bulk stations, or other manufacturing, processing or mercantile establishments, and including state and federal institutions and developments, erected or in process of erection, which is located on land provided or acquired for the purpose by the owners, and whether operated by the owners or by state or federal government or an agency thereof or through connection with a public railroad under operating contract with it and by operation of its equipment over the plant railroad.   [PL 2013, c. 36, §11 (AMD).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW). PL 2013, c. 36, §11 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7218. Bridges erected by municipalities maintained

§7218. Bridges erected by municipalities maintained
Bridges erected by any municipality, over which any railroad passes, shall be constructed and maintained in a manner and condition as to safety as the Department of Transportation may determine. The department may require the officers of the railroad company and of the municipality to attend a hearing in the matter, after notice of the hearing to all parties in interest as the department deems proper. The department shall determine at the hearing the repairs, renewals or strengthening of parts, or if necessary the manner of rebuilding the bridge required to make the bridge safe for the uses to which it is put. The department shall determine who shall bear the expenses of the repairs, renewals, strengthening or rebuilding, or it may apportion the expense between the railroad company and the city or town, as the case may be, in a manner as deemed by the department to be just and fair and shall make its report.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7219. Report of decisions and copies to parties interested

§7219. Report of decisions and copies to parties interested
The department shall make a report in writing of its decision in all matters named in section 7218, file the report in the department's office, and cause a copy of the decision to be sent by mail to each of the railroad corporations and to the municipal officers of the cities or towns, as the case may be, interested in the report.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 7: RAILROADS › Chapter 617: RAILROAD CROSSINGS › 23 §7220. Speed limit at highway grade crossings

§7220. Speed limit at highway grade crossings
The department is authorized to fix a maximum speed limit at which trains may be run over any grade crossing of a highway or other way and, when the limit has been fixed by the department, no engine or train may be run over the crossings at a greater speed than that fixed by the department and no way may be unreasonably and negligently obstructed by engines, tenders or cars. Any railroad corporation forfeits not more than $100 for every violation of this section.   [PL 1989, c. 398, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 398, §8 (NEW).