reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-66 - Powers vested in board of public utility commissioners and courts

48:12-66. Powers vested in board of public utility commissioners and courts
All the powers, supervision, regulation of, jurisdiction and control over public utilities granted by chapter 2 of this title (s. 48:2-1 et seq.) are hereby vested in the board of public utility commissioners and courts of this state as may be necessary to carry into effect the provisions of sections 48:12-61 to 48:12-67 of this title.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-67 - Changes or alterations ordered prior to April 14, 1930

48:12-67. Changes or alterations ordered prior to April 14, 1930
Sections 48:12-61 to 48:12-66 of this title shall apply to any alterations, changes, relocations or openings ordered by the board of public utility commissioners prior to April fourteenth, one thousand nine hundred and thirty, if no part of the work under such order had been actually commenced on the ground on said date.
No further application to the board shall be necessary in any proceedings in which an order of the board had been made prior to said date, to bring the alterations, changes, relocations or openings so ordered within the provisions of said sections 48:12-61 to 48:12-66.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-67.1 - Application of sections 48:12-61 to 48:12-66

48:12-67.1. Application of sections 48:12-61 to 48:12-66
Sections 48:12-61 to 48:12-66 of the Revised Statutes shall apply to all alterations, reconstructions, changes, relocations or openings ordered by the Board of Public Utility Commissioners, after the effective date of this act, and also to any alterations, reconstructions, changes, relocations or openings ordered prior to such effective date, if no part of the work under such order had been actually commenced on the ground prior to such date. No further application to the board shall be necessary in any proceedings in which an order of the board had been made prior to the effective date of this act to bring the alterations, reconstructions, changes, relocations or openings, so ordered, within the provisions of said sections 48:12-61 to 48:12-66 of this Title.
This section shall not be applicable to any grade crossing elimination under a State Highway Department program, pursuant to the provisions of sections 48:12-68 to 48:12-77 of this Title.
L.1947, c. 178, p. 817, s. 2. Amended by L.1962, c. 198, s. 126.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-68 - Annual program by state highway department; maximum yearly expenditure

48:12-68. Annual program by state highway department; maximum yearly expenditure
The State Highway Department, before January 1 of each year, shall formulate a program, covering the work to be started or completed during the ensuing year, for the elimination of railroad crossings at grade on State highways, the improvement, relocation, alteration and reconstruction of crossings of railroads and State highways not at grade, and the location and construction of new crossings of railroads and State highways not at grade, where the construction of the new crossings of railroads and State highways not at grade result or will result in the closing, abandonment or combination of an existing grade crossing at or in the vicinity of the new State highway crossing.
The aggregate estimated cost of the work in such annual program, in which railroad companies will share, shall not exceed $2,000,000.00.
Amended by L.1962, c. 198, s. 127.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-69 - Railroad companies to be furnished annual program; co-operation required

48:12-69. Railroad companies to be furnished annual program; co-operation required
The State Highway Department shall furnish the annual program to every company owning or operating a railroad which is called upon to perform work under the program.
Every such railroad company shall co-operate with the State Highway Department in the prompt execution and completion of the work.
Amended by L.1962, c. 198, s. 128.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-70 - Division of cost between railroads and Highway Department

48:12-70. Division of cost between railroads and Highway Department
The cost of the work to be shared by railroad companies and the State Highway Department provided for in any annual program, exclusive of the cost of the surface paving on roadways and the curbing, sidewalk paving and guardrails on approaches, which shall be constructed at the sole expense of the State, shall be borne and paid 5% by the railroad company or companies involved and 95% by the State.
Amended by L.1947, c. 178, p. 818, s. 3; L.1962, c. 198, s. 129; L.1965, c. 185, s. 2, eff. Dec. 14, 1965.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-71 - Agreement for division of cost

48:12-71. Agreement for division of cost
The State Highway Department and any railroad company or companies may enter into an agreement on the basis of the division of the cost, as provided by section 48:12-70 of this Title, covering the work in the annual program, or the elimination of any crossing at grade or the improvement, relocation, alteration or reconstruction of any crossing not at grade on any State highway, in addition to the work provided for in such program.
Amended by L.1947, c. 178, p. 818, s. 4; L.1962, c. 198, s. 130.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-72 - Expense of certain crossings not at grade

48:12-72. Expense of certain crossings not at grade
The State Highway Department shall bear the entire expense of locating and constructing all crossings of railroads and State highways not at grade to carry new highways over or under the railroads where the construction of such crossings does not result or will not result in the closing, abandonment or combination of an existing grade crossing at or in the vicinity of the new highway crossing.
Amended by L.1962, c. 198, s. 131.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-73 - Agreements with railroad companies to perform the work

48:12-73. Agreements with railroad companies to perform the work
The State Highway Department may enter into an agreement or agreements with the company or companies owning or operating such railroad or railroads for the performance by such company or companies of any work under sections 48:12-68 to 48:12-78 of this Title.
Amended by L.1962, c. 198, s. 132.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-74 - Furnishing annual program to municipalities and public utilities; changes at own expense

48:12-74. Furnishing annual program to municipalities and public utilities; changes at own expense
Whenever the work in the annual program involves changes in rails, pipes or lines owned by a municipality or public utility, the State Highway Department shall furnish the program to the municipality or public utility. Thereupon the municipality or public utility shall cooperate with the State Highway Department and the railroad companies.
The municipality or public utility shall, at its own expense, change its rails, pipes and lines to conform to the plan adopted by the State Highway Department; provided, that if funds are granted or allotted by the United States Government or any of its agencies, the State Highway Department, with the consent and approval of the Governor, may allot and credit any or all of the funds so received toward the expenses to be borne by the municipality and the public utility or public utilities, the property or properties of which are required to be changed.
Amended by L.1962, c. 198, s. 133.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-75 - Maintenance and repair of completed work

48:12-75. Maintenance and repair of completed work
Completed work under sections 48:12-68 to 48:12-78 of this Title shall be maintained, repaired and renewed as follows:
a. The municipality or public utility involved shall at its own expense, maintain, repair and renew its public utility rails, pipes and lines;
b. Each railroad company shall own and maintain, repair and renew structures within its right of way carrying the railroad over the highway, except as otherwise provided herein;
c. (1) The State shall own and maintain, repair and renew structures within the rights of way of railroad companies carrying highways over railroads, and (2) the State shall bear the cost of maintenance, repair and renewal of structures constructed after the effective date of this act within the rights of way of railroad companies carrying railroads over highways constructed after the effective date of this act and after the acquisition by the railroad of such right of way, and (3) where the State is not liable for cost under (2), above, and the railroad structure is enlarged or replaced by reason of improvements made in a highway after the effective date of this act, the State shall bear the cost of maintenance, repair and renewal of the new or enlarged structure other than such proportion of that cost as the length of the span of the pre-existing railroad structure bears to the length of the span of the enlarged or new railroad structure. For the purpose of the foregoing provisions of this subsection, a structure shall be deemed constructed on the date the contract therefor is awarded by the commissioner, and a highway shall be deemed constructed or improved on the date the contract is awarded by the commissioner for the construction of the section of the highway or improvement, as the case may be, passing under the railroad structure in question. None of the foregoing provisions of this subsection shall relieve any railroad company from responsibility for damage caused to any highway or railroad structure by the operation of its railroad. Such approaches, curbing, sidewalk paving, guard rails on approaches and surface paving on roadways as shall be within the rights of way of a railroad company or companies shall be owned and maintained, repaired and renewed by the State.
Amended by L.1960, c. 155, p. 685, s. 1, eff. Dec. 27, 1960.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-76 - Closing, abandoning or combining crossings

48:12-76. Closing, abandoning or combining crossings
In connection with the elimination of any crossing at grade, the improvement, relocation, alteration or reconstruction of any crossing not at grade, or the location and construction of any new crossing not at grade under sections 48:12-68 to 48:12-75 of this Title, the Board of Public Utility Commissioners on petition of the State Highway Department or of any railroad company affected or of any party in interest may close, abandon or combine any railroad crossing or crossings at grade of any State, county or municipal highway or highways, when the board shall determine that the public safety so requires or public convenience so permits and that by reason of said State highway construction or improvement the crossing is or the crossings are no longer necessary.
Amended by L.1962, c. 198, s. 134.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-77 - Sharing of expense of closing, abandoning or combining highway or crossing

48:12-77. Sharing of expense of closing, abandoning or combining highway or crossing
Where the total cost of work is to be borne by the State, the expense of closing, abandoning or combining any existing road or highway shall be borne solely by the railroad company or companies involved.
Where the cost of construction of the new State highway crossing is divided between the State and the railroad company or companies involved, the cost of closing, abandoning or combining the existing crossing shall be borne 95% by the State and 5% by the railroad company or companies involved.
Amended by L.1947, c. 178, p. 818, s. 5; L.1965, c. 185, s. 3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-78 - Determination of disputes

48:12-78. Determination of disputes
Any dispute arising under sections 48:12-68 to 48:12-77 of this title may be submitted to the board of public utility commissioners, which is hereby authorized to determine the same. Its determination shall be final and conclusive subject to review provided by law by the courts of this state.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-79 - Contracts between municipalities and railroads; condemnation; division of expenses

48:12-79. Contracts between municipalities and railroads; condemnation; division of expenses
The proper municipal authorities in any municipality may enter into such contracts with any railroad company whose road lies wholly or partially within the municipality or whose route has been located therein as will secure greater safety to persons or property therein, or will facilitate the construction or maintenance of other than grade crossings of streets, highways or other railroads, or will provide for increased or improved station or terminal facilities and transportation service, or will improve the surroundings of or make more convenient the access to a station of the railroad within the municipality.
For such purposes the municipal authorities may construct sidewalks on, pave, repave, curb, gutter, lay out, open, vacate or alter the lines or change the grade of any street, highway, square or other public areas or places, and may lay out, improve and maintain public parks, plazas or other public places as a part of such improvements. The railroad company may locate, relocate, change, alter grades of, depress or elevate any of its railroad tracks, bridges or facilities, and construct new or additional tracks and transportation or station facilities as shall be specified and provided for in the contract.
For the purposes of this section the municipality and the railroad company may take by purchase or condemnation any lands or any interest therein required for such improvements and make such changes or conveyances of their respective lands or any interest therein as will facilitate such work.
The cost and expenses of such lands, changes and improvements shall be borne by the municipality and the railroad company in such shares or proportions as may be provided in the contract.
Amended by L.1962, c. 198, s. 135.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-80 - Taxes or bonds by municipalities to pay their share of expenses

48:12-80. Taxes or bonds by municipalities to pay their share of expenses
Whenever the proper municipal authorities of a municipality shall enter into a contract with a railroad company pursuant to section 48:12-79 of this title, the municipality shall provide its lawful share of the money necessary to do the work and make the payments required by the contract and its lawful share of all the moneys necessary to pay for the changes and improvements authorized by said section 48:12-79, by the levy of a general tax for one or more years or by the issue and sale of bonds of such municipality.
The governing body of a municipality within which a highway crosses or is crossed by a railroad and which municipality shall have been ordered by the board of public utility commissioners to bear and pay part of the cost and expense of altering, changing or removing such crossing, may issue bonds of the municipality to pay for the whole or any part of the amount so ordered to be paid.
All bonds authorized by this section to be issued by any municipality shall be issued and disposed of in the manner prescribed by article 1 of chapter 1 of the title Municipalities and Counties (s. 40:1-1 et seq.).
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-81 - Contracts between county and railroad for elimination of grade crossings; street railways

48:12-81. Contracts between county and railroad for elimination of grade crossings; street railways
Where a public road maintained at county expense or controlled by the county is intersected by a railroad, the board of chosen freeholders of the county and the company owning or operating the railroad may enter into a contract to provide for the relocation of the public road and the relocation of the tracks of the railroad and to provide for such grades or changes in the grades of the public road and railroad as will facilitate the construction or maintenance of other than grade crossings upon the public road.
For such purposes the board of chosen freeholders may locate, relocate or vacate and alter the lines and change the grades of the public road, construct sidewalks and pave, repave, gutter and otherwise improve the public road as part of the improvement.
The railroad company may locate, relocate, change, alter grades of, depress or elevate any of its tracks, bridges or facilities, and construct new or additional tracks, as provided for in the contract.
For the purposes above enumerated the county and the railroad company may take by purchase or condemnation any lands required for such improvements and may make such exchanges or conveyances of their respective lands or any interest therein as will facilitate the work.
The cost and expense of any such lands, changes and improvements shall be borne by the county and the railroad company in such proportions as may be provided in the contract.
Any company owning or operating a street railroad on the public road at such crossing or crossings may become a party to the contract.
Amended by L.1962, c. 198, s. 136.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-82 - Contributory negligence at crossings having safety gates jury question

48:12-82. Contributory negligence at crossings having safety gates jury question
Whenever a person is killed or injured by a locomotive or train while attempting to cross the tracks at a crossing at which the railroad company shall have assumed to establish and maintain safety gates, and such gates were not down at least half a minute before such locomotive or train crossed the highway and until it had passed by, the question whether the person so killed or injured was or was not guilty of contributory negligence shall be a question to be determined by the jury in all actions brought to recover damages for such loss of life or personal injury.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-83 - Crossing not having protective device; contributory negligence jury question

48:12-83. Crossing not having protective device; contributory negligence jury question
In any action against a railroad company to recover damages for injury or death occurring at any crossing at which the company has not installed any safety gates, bell or other warning or protective device of the kind usually employed to warn and protect the traveling public and such injuries or death are alleged to be due to the negligence of the company, the plaintiff's action shall not be dismissed on the ground of contributory negligence on the part of the person injured or killed, but it shall be left to the jury to determine whether such person was exercising due and reasonable care under the conditions existing at the crossing at the time of such injury or death.
If the jury shall determine that the person injured or killed was not exercising due and reasonable care under the circumstances, the verdict shall be against the plaintiff and in favor of the defendant.
Amended by L.1962, c. 198, s. 137.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-84 - Traveler's right to assume proper operation of safety devices at grade crossing

48:12-84. Traveler's right to assume proper operation of safety devices at grade crossing
Whenever a railroad shall install any safety gates, bell or other device designed to protect the traveling public at any crossing, or has placed at such crossing a flagman, any person approaching any such crossing, shall, during such hours as posted notice at the crossing shall specify, be entitled to assume that the safety gates or other warning appliances are in proper order and will be duly and properly operated, unless a written notice bearing the inscription "out of order" be posted in a conspicuous place at the crossing, or that the flagman will guard the crossing with sufficient care whereby the traveler will be warned of any danger in passing over the crossing.
In any action brought for injuries to person or property or for death caused at any crossing protected as aforesaid, no plaintiff shall be barred of the action because of the failure of the person injured or killed to stop, look and listen before passing over the crossing.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-85 - Spark arresters on engines; penalty

48:12-85. Spark arresters on engines; penalty
Every company or person operating or using any railroad shall take and use all practicable means to prevent the communication of fire from any engine used therein to the property of any owner or occupant of land adjacent or near to the railroad and shall provide the engine with a screen, cover or other suitable appliance to arrest or prevent, as much as practicable, the escape of fire.
Any company or person refusing or neglecting to make such provision shall forfeit for every such refusal or neglect one hundred dollars ($100.00) to be recovered with costs by any person who may sue for the same in any court having cognizance thereof. One-half of said sum shall go to the person suing and one-half to the State for the public school fund.
Amended by L.1942, c. 238, p. 648, s. 1, eff. May 18, 1942.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-86 - Liability for damage by fire from sparks

48:12-86. Liability for damage by fire from sparks
When injury is done to property by fire communicated from an engine of any company or person in violation of section 48:12-85 of this title such company or person shall be liable in damages to the person injured.
In every action for an injury done to the property of any person by fire communicated from an engine in violation of said section 48:12-85, proof that the injury was communicated from an engine shall be prima facie evidence of such violation, subject, nevertheless, to be rebutted by evidence of the taking and using of all practicable means to prevent such communication of fire as by said section required.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-87 - Insurance by railroad of property exposed to fire from sparks

48:12-87. Insurance by railroad of property exposed to fire from sparks
Any railroad company may insure the property of any owner or occupant of land adjacent or near to its railroad and exposed to loss by fire communicated from its engines and such company shall have an insurable interest therein.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-87.1 - Diesel locomotives; ventilation of cab; penalty for violation

48:12-87.1. Diesel locomotives; ventilation of cab; penalty for violation
Every company operating a railroad in this State shall equip each diesel locomotive in use upon its railroad with an exhaust fan for the ventilation of the cab of such locomotive or other ventilation device which will free the cab of exhaust gases in such cases as the Commissioner of Labor and Industry, after investigation, shall certify to be necessary for the health and safety of employees of said company.
Any such company refusing or neglecting to make such provision shall forfeit $100.00 for each violation.
L.1966, c. 119, s. 1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-87.2 - General requirements

48:12-87.2. General requirements
It shall be unlawful for any person, firm, company, corporation, trustee or receiver operating a railroad as a common carrier for hire in whole or in part in this State to haul or permit to be hauled or used within this State any car as a caboose if said car has been acquired or purchased after the effective date of this act and does not conform to the requirements of this act. Such cars except for interior finish shall be of steel construction, shall be equipped with a platform on each end thereof not less than 24 inches wide having secure guardrails, grab irons and steps equipped with suitable rods, boards or other guards at each end and at the back thereof; shall be at least 24 feet in length exclusive of platforms; shall be of constructive strength equal to that of 100,000 pounds capacity freight cars; shall be equipped with drawbars and draft gears designed to adequately handle slack action; and shall have trucks with 4 wheels each. Said cars shall be equipped with automatic air brakes, a conductor's air valve, and air valves and a whistle fixed at or adaptable to either platform. Said cars shall have a door in each end thereof; shall have bay windows, or cupolas of sufficient size to accommodate at least 2 men and served with suitable steps for access thereto. Said cars shall have a sanitary toilet room; an ice box or refrigerator, a water cooler, and clothes lockers with recessed knobs; and shall have suitable heating equipment. The cars shall be equipped with wipers attached to the bay windows; and all windows shall be of shatterproof glass.
L.1967, c. 186, s. 1, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-87.3 - Exception

48:12-87.3. Exception
This act shall not apply to cabooses or other equivalent cars used in switching service or on trains operated wholly within 25 miles of yard limits.
L.1967, c. 186, s. 2, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-87.4 - Administration and enforcement; penalty

48:12-87.4. Administration and enforcement; penalty
It shall be the duty of the Board of Public Utility Commissioners to administer and enforce the provisions of this act. Any person or railroad that shall fail to comply with an order of the board, issued hereunder after hearing, upon notice, shall be subject to a penalty of $100.00 for every day on which a car is hauled or used in this State in violation of said order.
L.1967, c. 186, s. 3, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-88 - Requiring safe ingress and egress to railroad station

48:12-88. Requiring safe ingress and egress to railroad station
Whenever it shall appear to the board of public utility commissioners that ingress or egress to or from a railroad station is obstructed by its tracks, trains or engines or those of another railroad company so as to endanger the traveling public, the board may order the construction of a subway or other protective device to afford safe ingress and egress to and from such station, upon such terms that appear reasonable to the board.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-90 - Abandonment of station or discontinuance of passenger or freight agent

48:12-90. Abandonment of station or discontinuance of passenger or freight agent
No railroad company shall, without first obtaining the approval of the board of public utility commissioners, abandon any railroad station, stop the sale of passenger tickets or cease to maintain an agent to receive and discharge freight at any station in this state at which passenger tickets are regularly sold or at which such agent is maintained.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-90.1 - Electric headlight and tail light

48:12-90.1. Electric headlight and tail light
Every track motor car being operated on the rails of a railroad company, when such visability cannot be afforded by daylight, shall be equipped with an electric headlight either permanently attached or, if portable, in a fixed bracket, capable of illuminating the roadway ahead a distance sufficient to permit safe operation of the track motor car and also with a permanently attached or portable electrically energized red tail light to protect the track motor car from any following movement.
L.1966, c. 123, s. 1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-90.2 - Windshield and device for removing moisture; top

48:12-90.2. Windshield and device for removing moisture; top
Every track motor car being operated on the rails of a railroad company shall be equipped with a windshield and a device for removing rainwater, snow and moisture from such windshield, which device shall be so constructed that it may be controlled in its use by the person who is operating such track motor car. Every such track motor car shall also be equipped with a top or such cover to adequately protect the operator of the track motor car and such other persons who are riding thereon, from the direct rays of the sun, and from rain, snow and inclement weather. No such track motor car shall be operated on the rails at any time unless so equipped.
L.1966, c. 123, s. 2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-90.3 - Administration of act; rules and regulations

48:12-90.3. Administration of act; rules and regulations
The Board of Public Utility Commissioners shall administer this act and shall prescribe such rules and regulations as may be necessary to effectuate its purpose.
L.1966, c. 123, s. 3
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-90.4 - Violation of act; penalty

48:12-90.4. Violation of act; penalty
Any company violating any of the provisions of this act shall be subject to a penalty of $100.00, for each offense, to be recovered in an action, which shall be brought by the Attorney General in the name of and for the use of the State, and the procedure therein shall be in accordance with the provisions of the "Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.), as amended and supplemented, and the hearing in any such action shall be without a jury.
L.1966, c. 123, s. 4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-91 - Consent of municipality and approval of public utility commissioners

48:12-91. Consent of municipality and approval of public utility commissioners
Any railroad company organized under any law of this state may construct and maintain, for a distance of not more than one-half a mile between its termini, a railroad to be operated by electricity beneath private property and the surface of any street, highway, park, training ground or other public place in any city of the first class, together with a subsurface station or stations, with necessary and convenient means of access thereto from the surface, upon obtaining the consent to such use by ordinance of the governing body of any such city, on such terms as may be prescribed by such body and approved by the board of public utility commissioners.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-92.1 - Condemnation

48:12-92.1. Condemnation
Any railroad utility meeting the requirements of section 48:12-91 and after obtaining the consent and approval required by said section, may exercise the power of eminent domain as provided in sections 48 and 49 hereof in acquiring real estate and personal property necessary and useful for the purposes of 48:12-91.
L.1962, c. 198, s. 61.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-93 - Stocks and bonds; mortgages; approval

48:12-93. Stocks and bonds; mortgages; approval
Any company owning or constructing a subsurface railroad and station or stations pursuant to section 48:12-91 of this title may provide the money to defray the cost thereof and approaches thereto by the issue and sale of its stocks or bonds or both, and may secure payment of any such bonds by mortgage or deed of trust.
Any proposed issue of such stocks and bonds shall be first approved by the board of public utility commissioners.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-95.1 - Condemnation of right-of-way

48:12-95.1. Condemnation of right-of-way
The right-of-way condemned for a railroad beneath the surface of the ground by an underground railroad utility shall not include the right to use or occupy permanently the surface above the railroad where the same is not broken, but shall be confined to a right to tunnel. The utility may nevertheless acquire by condemnation so much and such parts of the surface as may be necessary or proper to operate its railroad.
L.1962, c. 198, s. 62.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-97 - Prerequisites to operation of autobusses

48:12-97. Prerequisites to operation of autobusses
Every such company before operating any such autobus shall obtain, as required by law, the consent of the authorities of the municipality in or through which it intends to operate such autobus, obtain the approval of such consent by the board of public utility commissioners, and comply with all lawful regulations governing the operation of autobusses which apply to other owners and operators thereof.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-98 - Franchise taxes; exemption from other taxes

48:12-98. Franchise taxes; exemption from other taxes
Every such company shall pay the same franchise taxes upon gross receipts from the operation of autobusses as other owners and operators of autobusses, but shall be exempt from the payment of any tax which by reason of the ownership or operation of any autobus or autotruck would otherwise be assessable under the provisions of chapters 19 to 29 of the title Taxation (s. 54:19-1 et seq.).
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-99 - Train service; accommodations for transportation; civil liability

48:12-99. Train service; accommodations for transportation; civil liability
Every railroad company shall start and run trains for the transportation of persons and property at regular times to be fixed by public notice.
Every railroad company shall furnish sufficient accommodations for the transportation of all such passengers and property as shall within a reasonable time previous thereto be offered for transportation at the place of starting, the junctions of other railroads and at usual stopping places established for receiving way passengers and freight for that train.
The company shall take, transport and discharge such passengers and property at and from and to such places, on the due payment of the legal fare or freight and shall be liable to the party aggrieved in an action for damages for any neglect or refusal in the premises.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-100 - Right to demand and receive fares

48:12-100. Right to demand and receive fares
A railroad company may demand and receive such sums of money for the transportation of persons on its railroad and connections and for any other services connected with the business of transportation of persons over its railroad or to or from the same, in accordance with its approved tariff on file with the Board of Public Utility Commissioners.
Amended by L.1962, c. 198, s. 139.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-101 - Tickets; length of validity

48:12-101. Tickets; length of validity
Tickets for passengers, except excursion tickets or tickets sold at reduced rates, should be good for 6 months. Tickets sold at reduced rates shall be good and entitle the holder to passage for a limited number of days only after the date of issue thereof, which limit shall be clearly stated upon the ticket. This act shall not apply to such tickets sold prior to the effective date of this act.
Amended by L.1974, c. 173, s. 1, eff. Dec. 10, 1974.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-103 - Extra fare for parlor and sleeping cars

48:12-103. Extra fare for parlor and sleeping cars
Any railroad company may, subject to the approval of the Board of Public Utility Commissioners, collect such extra fare from passengers who travel in cars furnished in a superior manner and with extra accommodations, commonly known as parlor or sleeping cars, provided the company shall also run trains of ordinary first-class passenger cars in number sufficient to accommodate fully all persons who prefer to travel therein.
Amended by L.1962, c. 198, s. 140.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-104 - Ejection of passenger for nonpayment of fare

48:12-104. Ejection of passenger for nonpayment of fare
If any passenger shall fail or refuse to pay his fare, the conductor of the train and the servants of the company, using no unnecessary force, may put him and his baggage out of the cars at any usual stopping place or near any dwelling house, but not on any bridge or in any dangerous place.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-105 - Reduced rates for ministers and members of religious orders

48:12-105. Reduced rates for ministers and members of religious orders
Any railroad company may transport at special or reduced rates, ministers of religion and sisters or nuns who may be members of any religious order or community engaged in charitable or educational work, anything in this title to the contrary notwithstanding.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-106 - Liability for injuries to passenger on platform

48:12-106. Liability for injuries to passenger on platform
A railroad company shall not be liable for injury to a passenger by reason of his going or remaining on the platform of a car or on any baggage, wood or freight car, in violation of the printed regulations of the company posted in a conspicuous place inside of its passenger cars, provided the company at the time furnished seats inside its passenger cars sufficient for the proper accommodation of its passengers.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-107 - Baggage checks; penalty for refusal

48:12-107. Baggage checks; penalty for refusal
A check shall be affixed to every parcel of baggage taken for transportation by a railroad company if there is a handle, loop or fixture on the parcel to which a check can be attached. A duplicate check shall be given to the passenger or the person delivering the baggage on his behalf.
If such check is refused on demand, the company shall pay the passenger ten dollars to be recovered in a civil action and no fare shall be collected from the passenger and any fare paid by him shall be refunded by the conductor in charge of the train.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-108 - Transportation of bicycles as baggage; penalty for refusal

48:12-108. Transportation of bicycles as baggage; penalty for refusal
The holder of a ticket issued by any railroad company entitling him to transportation on its railroad or ferries as a passenger shall have the right in lieu of other baggage, to the transportation as baggage without further charge of one bicycle to and from the place designated in such ticket. Such transportation shall be on the same train or boat with the passenger where facilities for the transportation of baggage then exist on such train or boat.
The passenger shall remove any lantern from such bicycle but not any usual bicycle bell or cyclometer nor need he crate, cover or otherwise protect the bicycle. No railroad company transporting bicycles pursuant to this section shall be liable for damage done to any bell, cyclometer or like attachments.
Any railroad company refusing to accept for transportation or to transport bicycles as baggage as required by this section shall pay to such passenger ten dollars for each offense, to be recovered in an action at law in any court of competent jurisdiction.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-110 - Issuance of certificates; contents; list to railroads; revocation

48:12-110. Issuance of certificates; contents; list to railroads; revocation
The Secretary of State shall issue a certificate in card form under his seal of office to each person designated in section 48:12-109 of this Title. It shall bear the title of such person's office or state the capacity in which he is employed by the State, the date of issuance to such person and the date of expiration of such person's office or employment. The certificate shall be signed by the Secretary of State and the holder shall indorse his name on the back thereof. The certificate shall set forth the limitations on use contained in section 48:12-111 of this Title.
The Secretary of State shall, within 48 hours after the issuance thereof, mail to every railroad company of this State a list of every person to whom such certificates have been issued.
The Secretary of State may revoke any certificate which is loaned in violation of section 48:12-112 of this Title.
Amended by L.1969, c. 159, s. 2, eff. Sept. 9, 1969.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-111 - Production of certificate on request

48:12-111. Production of certificate on request
Such certificate shall be produced and shown on request of the conductor or person in charge of the train on which such person is riding. Such presentation shall entitle the person to whom the certificate is issued to pass and repass without payment of fare in regular coach service on all railroads operating such passenger service in this State, within the borders of this State: provided, however, that no certificate shall be valid for passage on interstate trains which do not provide intrastate service, or on extra fare or special purpose trains.
Amended by L.1969, c. 159, s. 3, eff. Sept. 9, 1969.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-112 - Loaning certificate; illegal use of certificate; penalty

48:12-112. Loaning certificate; illegal use of certificate; penalty
Any person mentioned in section 48:12-109 of this title loaning such certificate shall be subject to a fine of one hundred dollars and costs, to be recovered in an action at law in the name of the state. The fine when recovered shall be paid into the treasury of the state. In case of failure to pay the fine, such person shall be committed to the county jail for a period not exceeding thirty days.
Any person using or attempting to use a certificate belonging to another shall likewise be subject to the penalty prescribed by this section.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-113 - Certificates taken up for misuse; restoration or cancellation

48:12-113. Certificates taken up for misuse; restoration or cancellation
The railroads over whose line such certificates are used may, through their agents, take up any certificate presented by any person other than the person to whom it was issued and return the same to the secretary of state with a report of such misuse.
Upon such report the secretary of state shall, upon the opinion of the attorney general, either restore the certificate or cause the same to be canceled and no certificate shall again be issued to the holder of a certificate once canceled, except by express action on the part of the secretary of state and the attorney general.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-114 - Return of certificate at expiration of office or employment

48:12-114. Return of certificate at expiration of office or employment
When the term of office or period of employment of any person mentioned in section 48:12-109 of this title expires, he shall return at once to the secretary of state the certificate issued to him. For failure so to do he shall be liable to a penalty of twenty-five dollars to be recovered in an action at law in the name of the state. The penalty when collected shall be paid into the state treasury.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-115 - Existing charter or statute obligation of railroads not affected

48:12-115. Existing charter or statute obligation of railroads not affected
Nothing in sections 48:12-109 to 48:12-114 of this title shall modify or alter any charter or statute obligation already existing imposed upon any railroad to pass and repass free of charge any officer or employee of this state.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-117 - Freight charges

48:12-117. Freight charges
Any railroad company may demand and receive such sums of money for the transportation of property on its railroad and connections and for any other services connected with such transportation on or over its railroad or to or from the same as it may from time to time think reasonable and proper in accordance with its approved tariff on file with the Board of Public Utility Commissioners.
Amended by L.1962, c. 198, s. 141.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-118 - Rates for way freight

48:12-118. Rates for way freight
Except as authorized by section 48:12-118.1 of this title, no company shall charge or receive any greater rate of compensation for transporting property between way stations or between a terminal station and a way station than for transporting such property between terminal stations.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-118.1 - Greater rate for way freight; lesser rate for long hauls; board may authorize; restrictions

48:12-118.1. Greater rate for way freight; lesser rate for long hauls; board may authorize; restrictions
The board of public utility commissioners may, upon application, after investigation and hearing, authorize in writing any railroad company to charge or receive a greater rate of compensation for transportation of property between way stations, or between a terminal station and a way station, than for transportation of such property between terminal stations, or to charge less for any longer distance than for any shorter distance for the transportation of property where competitive conditions make it equitable.
In exercising the authority conferred upon it hereby the board shall not permit the establishment of any charge to or from the more distant point that is not reasonably compensatory for the service performed; and if a circuitous rail line or route is, because of such circuity, granted authority to meet the charges of a more direct line or route to or from competitive points and to maintain higher charges to or from intermediate points on its line, the authority shall not include intermediate points as to which the haul of the petitioning line or route is not longer than that of the direct line or route between the competitive points; and no such authorization shall be granted on account of merely potential competition not actually in existence.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:12-119 - Exchange of freight; transportation and rate

48:12-119. Exchange of freight; transportation and rate
All companies whose railroads cross, intersect or join shall deliver to and receive from each other and forward to their destination all property intended for points on their respective roads with the same dispatch and at a rate not exceeding the local tariff rate charged to other persons on similar property received at and forwarded from the same point.