reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1810. Jurisdiction by the Transportation Board over charges and rates

§ 1810. Jurisdiction by the Transportation Board over charges and rates
When, upon hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable, insufficient, or unjustly discriminatory, or are found to be preferential or otherwise in violation of a provision of this chapter, the Board may order and substitute for the rates, tolls, charges, or schedules, and make changes in any regulations, measurements, practices, or acts of the company relating to its service, and may make an order to compel the furnishing of adequate service as shall after hearing be found by the Board to be just and reasonable. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 21, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1811. Service to the public

§ 1811. Service to the public
Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any company subject to supervision under this chapter for any provision or service shall be reasonable and without discrimination, except as may be provided in this chapter. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1813. Exceptions

§ 1813. Exceptions
Companies under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records that would conflict with any requirement of the federal commission or agency. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1817. Copy of schedules

§ 1817. Copy of schedules
Each company subject to the provisions of this chapter shall keep on file in every one of its stations or offices where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Board shall deem necessary. The copy shall be in a form and place that is readily accessible to inspection by the public. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1818. Rebates; exceptions

§ 1818. Rebates; exceptions
A company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection with services, as specified in its schedules of charges in effect at the time the service was rendered. No company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without prior filing with the Agency. However, nothing in this section shall prohibit the giving by any company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the Act of Congress entitled “An Act to Regulate Commerce” and amendments to that Act. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1819. Special rate or rebate; penalty

§ 1819. Special rate or rebate; penalty
Except as provided in section 1818 of this title, an officer or employee of a transportation company who grants or knowingly consents to a special rate or rebate shall be fined not less than $100.00 nor more than $1,000.00 and the company granting a rebate shall be fined not less than $500.00 nor more than $5,000.00 for each offense. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1820. Motor bus defined

§ 1820. Motor bus defined
A motor bus is defined to be any motor vehicle, other than a street car, operated upon the public streets and highways along a regular route, and in the operation of receiving, discharging, and transporting passengers for hire. However, this definition shall not be construed to apply to transportation services, the route and destination of which are under the direction and subject to the control of the passengers so transported. (Added 1985, No. 224 (Adj. Sess.), § 1.)
In the first sentence, added “of” preceding “receiving” for clarity.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1821. Common carrier defined

§ 1821. Common carrier defined
Each person, association, or corporation owning or operating a motor bus, which indiscriminately carries passengers, freight, or express for hire, regularly over a fixed route or between fixed terminals, is declared a common carrier. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1822. Jurisdiction of Transportation Board over common carriers

§ 1822. Jurisdiction of Transportation Board over common carriers
A common carrier shall be subject to the jurisdiction of the Transportation Board and, while so operating, to all reasonable rules as the Board prescribes with respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. The operation of a motor vehicle the principal purpose of which is the carrying of mail under contract with the U.S. government shall not be construed as being engaged in the business of operating a motor bus within the meaning of this section and section 1820 of this title, notwithstanding incidental transportation of passengers for hire. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1823. Certificate of public good

§ 1823. Certificate of public good
An individual, association, or corporation shall not operate a motor bus until the owner has obtained a certificate from the Transportation Board specifying the route over which the motor bus may operate, the number of passengers that the motor bus may carry at any one time, the service that the motor bus shall furnish, and that the operation of the motor bus over the proposed route will promote the general good of the State. The Board may amend or revoke any certificate. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1824. Application for certificate of public good; hearing

§ 1824. Application for certificate of public good; hearing
A certificate shall be issued only after written application has been made. Upon receipt of an application, the Board shall fix a time and place for hearing, which shall be in a town within which the route or a part of the route is proposed, and shall give notice of the pendency of the application and of the time and place of hearing to the applicant, and to any common carrier operating over any portion of the proposed route or over a route substantially parallel to the proposed route. The Board shall make an order for the publication of the substance of the petition and of the time and place of the hearing in a newspaper published in the county or counties where the proposed route is located, the publication to be at least 12 days before the day appointed for the hearing. A public hearing shall be held on the petition. To enable the provision of service for which there is an immediate or urgent need to a point or points within a territory having no carrier service capable of meeting those needs, the Board may, without hearings or other proceedings, grant temporary authority for the service by a common carrier. Temporary authority, unless suspended or revoked for good cause, shall be valid for the time as the Board shall specify but not more than an aggregate of 180 days and shall create no presumption that corresponding permit authority shall be granted. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1824a. Publicly funded carriers

§ 1824a. Publicly funded carriers
Sections 1823-1824 of this title shall not apply to any carrier subsidized by public funds under 24 V.S.A. chapter 126. (Added 1993, No. 172 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1825. Petition by public; notice; hearing

§ 1825. Petition by public; notice; hearing
Any town, city, or village within which, or between which, and any other town, city, or village in this State any common carrier is furnishing service, may bring a written petition to the Transportation Board, or the Board on its own motion may conduct an investigation in respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. Upon petition, the Board shall fix a time and place for a hearing upon the petition, and shall mail notice of the petition to the parties in interest and give notice of the petition at least one week prior to the hearing. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1826. Display of certificate

§ 1826. Display of certificate
The owner or operator of every motor bus shall display in a conspicuous place in or on the motor bus the certificate in abbreviated form prescribed by the Board or a certified copy of the certificate. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1827. Jurisdiction of Commissioner of Motor Vehicles

§ 1827. Jurisdiction of Commissioner of Motor Vehicles
Upon the granting of a certificate as provided in section 1823 of this title, the Commissioner of Motor Vehicles shall have jurisdiction over the registration of a motor bus, its speed and lighting, the safety devices, and the licensing of operators. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1828. Safe operation of motor buses

§ 1828. Safe operation of motor buses
Common carriers shall furnish motor buses and operate them in a manner that will afford safety and protection to their passengers and to the public. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1829. Supervision by Transportation Board of common carriers; abandonment of service

§ 1829. Supervision by Transportation Board of common carriers; abandonment of service
The Transportation Board shall have general supervision and jurisdiction of common carriers, make rules, hold hearings, and issue certificates as may be required under the provisions of this chapter. No common carrier without first having given 30 days’ notice to the Transportation Board and the Agency of Transportation shall abandon all or any part of its certificated authority or discontinue any service established under the provisions of this chapter, except it may discontinue a temporary service established incident to the certificated authority provided service is not in effect more than 60 days during any year and may suspend service temporarily by reason of road conditions or when ordered by the State or local authorities. A change in schedule or the elimination of a trip or trips established for experimental purposes or established to meet educational, athletic, convention, holiday, vacation, peak, seasonal, temporary, extraordinary, excursion, tour, mail, express, or newspaper traffic requirements shall not be deemed to constitute a discontinuance of service or an abandonment of authority by a common carrier of passengers. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1830. Penalty

§ 1830. Penalty
An individual or the officers of an association or corporation who violates any order, rule, or regulation adopted or established under the provisions of this chapter or violates any provision of this chapter shall be fined not more than $5,000.00 or imprisoned for not more than 60 days, or both. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 28 - Transportation of Hazardous Materials › § 2003. Transportation of radioactive materials; preferred routes

§ 2003. Transportation of radioactive materials; preferred routes
(a) The Secretary of Transportation, following consultation with the Commissioner of Health and the Commissioner of Public Safety, shall designate any highway as a part of a preferred route for the transportation of fissile radioactive materials and large quantity packages of radioactive materials as defined by the U.S. Department of Transportation in order to cause the least risk to persons and property. The Secretary shall confer with the governing body of a municipality regarding the establishment of a preferred route within the boundaries of its jurisdiction and give its timely opinion due consideration.
(b) A person who violates the order of the Secretary and transports radioactive materials in violation of this section shall be subject to the following penalties:
(1) civil penalty—a maximum penalty of up to $10,000.00 per day for each violation;
(2) criminal penalty—a fine of not more than $25,000.00 or imprisonment for not more than five years, or both. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 29 - Motor Carrier Safety Standards › § 2101. Motor carrier safety standard rules

§ 2101. Motor carrier safety standard rules
(a) The Secretary of Transportation is authorized to promote safety in motor carrier safety standards, and furthermore:
(1) Is authorized to adopt rules under 3 V.S.A. chapter 25 governing motor carrier safety standards as they apply to the transportation of passengers and goods by commercial motor vehicles. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation. These rules shall be no less protective of public safety than the rules adopted by the federal government regarding motor carrier safety standards, but a rule shall not prohibit a person between the ages of 18 and 21 from operating a motor vehicle in intrastate commerce.
(2) Is authorized to enforce these rules through the use of agency staff, or others, pursuant to cooperative agreement.
(3) Is authorized to enter into cooperative agreements with agencies of this and other states and of the federal government in relation to enforcement of these rules and rules or regulations adopted by the federal government that apply to transportation in Vermont.
(b) It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.
(c) Any person who violates these rules shall be subject to a penalty of not more than $1,000.00.
(d) Notwithstanding any other provision of this chapter or other law whether general, special, or local, violations of any rules adopted pursuant to this section involving the operation of a motor vehicle may be charged through the use of a traffic complaint prescribed by the Supreme Court pursuant to 4 V.S.A. § 1105.
(e) The regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 40, 350, 360, 365, 372, 381–383, 385–388, 390–397, and 399, revised as of October 1, 2008, and any amendment or addition to these regulations may be adopted by the Secretary of Transportation. (Added 1989, No. 182 (Adj. Sess.), § 2, eff. May 16, 1990; amended 1991, No. 193 (Adj. Sess.), § 2, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 10; 2003, No. 26, § 1; 2009, No. 152 (Adj. Sess.), § 11; 2023, No. 6, §§ 24, 25, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 56 - Intercity Rail Passenger Service › § 3002. Powers of Agency

§ 3002. Powers of Agency
(a) To carry out the purposes of 19 V.S.A. § 10e, the Agency of Transportation may, subject to subsection (b) of this section:
(1) Contract in the name of the State with federal agencies, the National Railroad Passenger Corporation (Amtrak), railroads, municipalities, adjacent states, or other responsible persons to carry out the purposes of this chapter.
(2) Receive, manage, use, or expend, for the purposes of this chapter, federal and State funds appropriated to the Agency for the promotion or development of intercity rail passenger service or for intercity rail passenger service facilities.
(3) Operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in whole or in part, land and rights in land acquired in the name of the State under authorization of this chapter, and to charge reasonable fees for such use or the use of land, buildings, and other facilities, or for services rendered. Monies received from the fees shall be credited to the Transportation Fund.
(4) Acquire on behalf of the State, acting either alone or with municipalities or the federal government, land and rights in land needed to carry out the purposes of this chapter.
(b) An acquisition or transfer under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition or transfer and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual transportation program and the scope of the project includes the acquisition or transfer of property. (Added 1995, No. 183 (Adj. Sess.), § 6a, eff. May 22, 1996; amended 2003, No. 56, § 14, eff. June 4, 2003; 2011, No. 153 (Adj. Sess.), § 49.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3402. Scope

§ 3402. Scope
For purposes of this chapter, the term “State-owned railroad property” includes the following:
(1) property of the former Rutland Railway Corporation south of chaining station 6583+50 (milepost 124.6875) in Burlington acquired pursuant to No. 162 of the Public Acts of 1963;
(2) property of the former St. Johnsbury and Lamoille County Railroad acquired pursuant to No. 182 of the Public Acts of 1974 (1973 Adjourned Session);
(3) property of the former Montpelier and Barre Railroad Corporation acquired pursuant to No. 188 of the Public Acts of 1980 (1979 Adjourned Session);
(4) property of the Delaware and Hudson Railway Company’s Washington Branch acquired pursuant to No. 216 of the Public Acts of 1982 (1981 Adjourned Session) and No. 221, section 17(i) of the Public Acts of 1986 (1985 Adjourned Session); and
(5) other railroad property acquired by the Agency of Transportation or its predecessors pursuant to this chapter or other enabling legislation. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3403. Acquisition and modernization

§ 3403. Acquisition and modernization
(a) The Agency of Transportation, as agent for the State, and with the specific prior approval of the General Assembly, is authorized to acquire by purchase or condemnation, after the approval of the Surface Transportation Board, if necessary, any portion or portions of the line of any railroad directly affecting the State, including rails and ties, rights-of-way, land, buildings, appurtenances, and other facilities required for the operation of the line or to facilitate its sale or lease for continued operation. This action may be taken in concert with another state or states as necessary to ensure continued railroad service in this State.
(b) To further the purposes of this chapter, the Secretary is authorized to take such action as may be necessary to secure any federal aid for which the State may be eligible.
(c) The Secretary may contract for the rebuilding of any State-owned railroad property and, further, is authorized to spend appropriated funds for the modernization of any State-owned railroad property.
(d) In connection with acquisitions or other projects specifically authorized by the General Assembly, the Agency may exercise the right of eminent domain in the manner and as provided in 19 V.S.A. chapter 5. This right may only be exercised in connection with the acquisition of existing railroad lines, including rails, ties, bridges, rights-of-way, land, buildings, appurtenances, and other facilities or improvements to said rails, ties, bridges, or appurtenances. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 2011, No. 153 (Adj. Sess.), § 35.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3403a. Emergency repairs to bridges on State-owned railroad property

§ 3403a. Emergency repairs to bridges on State-owned railroad property
Should emergency repairs be required to any bridge, pier, abutment, or culvert on State-owned railroad property, as defined in section 3402 of this title, the Secretary of Transportation, in his or her discretion, may reallocate funds from railroad projects previously authorized in the transportation capital program, accept any available federal aid, and enter into project agreements with railroad operators. (Added 1995, No. 60, § 11, eff. April 25, 1995.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3404. Right of first refusal

§ 3404. Right of first refusal
(a) All railroad operating properties within the State offered for sale by a railroad, other than to another railroad for continued operation, shall also be offered to the State of Vermont. The offer shall be made in writing and shall be sent by certified mail to the Agency. The offer shall include a map and a description of the property, the price, if available, a description of the present and past railroad use of the property, and any terms, reservations, or conditions the railroad proposes to include as part of the sale. Within 365 days, less any period of time that has elapsed because of the pendency of abandonment proceedings before the Surface Transportation Board or the imposition of public use conditions under 49 U.S.C. § 10905, the Agency shall accept or reject the offer. If the Agency either rejects or fails to accept the offer in a timely manner, the State’s preferential right under this section shall terminate, but in no event shall the railroad offer to sell the property, or any portion of it, to any other person on terms more favorable than the final terms offered to the Agency.
(b) For purposes of this section, “railroad operating properties” shall mean any land, structures, buildings, rails, ties, ballast, signals, and materials that have been or are being used for rail transportation purposes and that are located within the limits of the railroad’s roadway; provided, however, that if a railroad offers to sell any property in connection with its abandonment of a line, “railroad operating properties” shall also include any real or personal property of whatever description abutting the railroad’s roadway that has been or is being used for rail transportation purposes and that is reasonably necessary to continued railroad operation or other public use. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 2011, No. 153 (Adj. Sess.), § 36.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3405. Lease for continued operation

§ 3405. Lease for continued operation
(a) The Secretary, as agent for the State, with the approval of the Governor and the General Assembly or, if the General Assembly is not in session, approval of a special committee consisting of the Joint Fiscal Committee and the Chairs of the House and Senate Committees on Transportation, is authorized to lease or otherwise arrange for the continued operation of all or any State-owned railroad property to any responsible person, provided that approval for the operation, if necessary, is granted by the federal Surface Transportation Board. The transaction shall be subject to any further terms and conditions as in the opinion of the Secretary are necessary and appropriate to accomplish the purpose of this chapter.
(b) To preserve continuity of service on State-owned railroads, the Secretary may enter into a short-term lease or operating agreement, for a term not to exceed six months, with a responsible railroad operator. Within 10 days of entering into any lease or agreement, the Secretary shall report the details of the transaction to the members of the House and Senate Committees on Transportation. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1999, No. 156 (Adj. Sess.), § 7, eff. May 29, 2000; 2003, No. 56, § 18, eff. June 4, 2003.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3406. Sale or lease of State-owned railroad property for other purposes

§ 3406. Sale or lease of State-owned railroad property for other purposes
(a) In connection with State-owned railroad property, the Secretary shall have authority to enter into licenses, leases, easements, and sales of personal property, including tracks, structures, and buildings which are to be removed by the purchaser.
(b) The Secretary shall have authority, with the approval of the Governor, to sell State-owned railroad property subject to the following conditions:
(1) the property is located more than 33 feet from the centerline of main line track (or former main line track), and the Secretary determines that the property no longer is needed for railroad operating purposes or for railbanking under section 3408 of this title; and
(2)(A) if the appraised value of the property is $100,000.00 or above, with the prior approval of the General Assembly of the sale and its terms, or, in the event that the General Assembly is not in session, with the prior approval of the Joint Transportation Oversight Committee; or
(B) if the appraised value of the property is below $100,000.00, without further approval. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1989, No. 246 (Adj. Sess.), § 2; 2009, No. 123 (Adj. Sess.), § 36.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3407. Deposits into the Transportation Fund

§ 3407. Deposits into the Transportation Fund
(a) Funds received by the State from past, present, and future service providers on State-owned railroad property, together with funds received by the State because of licenses, leases, easements, sales of real or personal property, or the like, pertaining to or arising from State-owned railroad property, shall be deposited in the Transportation Fund.
(b) The Agency of Transportation shall not charge any fee to abutting landowners who enter into agreements for noncommercial pipe or wire crossings of State-owned railroad property. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1995, No. 101 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3408. Railbanking; notification

§ 3408. Railbanking; notification
(a) If the Secretary finds that the continued operation of any State-owned railroad property is not economically feasible under present conditions, he or she may place the line in railbanked status after giving advance notice of such planned railbanking to the House and Senate Committees on Transportation when the General Assembly is in session, and when the General Assembly is not in session, to the Joint Transportation Oversight Committee. The Agency, on behalf of the State, shall continue to hold the right-of-way of a railbanked line for reactivation of railroad service or for other public purposes not inconsistent with future reactivation of railroad service. Such railbanking shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of the rights-of-way for railroad purposes.
(b) The Secretary may enter into agreements with units of federal, state, and local governments, as well as with responsible private persons, for interim use of the right-of-way of a railbanked line, provided that the interim use is not inconsistent with future reactivation of railroad service.
(c) The Secretary may, after consulting with municipalities, adopt rules governing the interim trail use of State-owned railroad rights-of-way that have been placed in railbanked status. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1993, No. 211 (Adj. Sess.), § 10, eff. June 17, 1994; 2009, No. 123 (Adj. Sess.), § 37.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 58 - State Acquisition of Railroads › § 3409. Delegation

§ 3409. Delegation
The Secretary, from time to time, may delegate to officers or employees of the Agency his or her authority under this chapter or under any uncodified laws pertaining to State-owned railroads. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3421. Definitions; application

§ 3421. Definitions; application
(a) Except where a particular statute provides otherwise or where the context of a statute unambiguously requires a contrary construction, for the purposes of the parts of this title relating to railroads:
(1) “Agency” means the Agency of Transportation.
(2) “Board” means the Transportation Board.
(3) “Railroad” or “railroad corporation” includes any railroad located in whole or in part within this State owned, leased, operated, or managed by any person without regard to whether the person is located within or outside this State. The rights conferred in this title upon railroads shall inure to, and the duties imposed in this title upon railroads shall be binding upon, their owners, lessees, operators, and managers, as the case may be.
(b) The provisions of the parts of this title that impose upon a railroad any duty or liability shall apply to any person having the possession, control, or management of a railroad, or engines and cars running on a railroad. (Amended 1993, No. 172 (Adj. Sess.), § 38.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3423. Construction of terms

§ 3423. Construction of terms
Unless such construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of the same statute, the words “charter” and “act of incorporation,” or equivalent words as used in this title, shall include the articles of association under which a railroad corporation is formed pursuant to the provisions of chapter 64 of this title.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3424. Application of provisions of title

§ 3424. Application of provisions of title
The provisions of this title that impose upon a railroad corporation any duty, obligation, or liability shall apply to persons having the possession, control, or management of a railroad, or of the engines and cars running thereon, as lessees, assignees, trustees, or in any other capacity.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3425. Adverse possession in roadway confers no right

§ 3425. Adverse possession in roadway confers no right
A person shall not by reason of adverse possession acquire title to lands belonging to a railroad corporation where such lands lie within the limits of the roadway of such corporation as recorded in the town clerk’s office.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3426. Contracts between corporations; corporate property

§ 3426. Contracts between corporations; corporate property
Railroad corporations in this State may make contracts and arrangements with each other, and with railroad corporations incorporated under the laws of any other state or under the authority of the Dominion of Canada, for leasing and running the roads of the respective corporations or a part thereof by either of their respective corporations. Such railroad corporation in this State may contract for and hold in fee simple or otherwise lands or buildings in this or other states for depot purposes and storing freight and may purchase and hold such personal property as is necessary and convenient for carrying into effect the object of this section.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3427. Alien railroad corporations; exceptions

§ 3427. Alien railroad corporations; exceptions
(a) An alien railway corporation shall not be directly or indirectly interested in any of the stock of a railroad corporation organized under the laws of this State without leave of the General Assembly. However, nothing in this section shall apply to the stock of any railroad corporation now or hereafter organized that shall own or operate all or any part of the railroad or other property owned or operated by a railroad corporation at any time prior to February 15, 1929, a majority of whose stock was owned, held, or controlled by an alien railway corporation, or by any of its subsidiary or affiliated companies or corporations, directly or indirectly, at any time prior to such date.
(b) An alien railway corporation shall not, by itself or through others, own or acquire title to any railroad, or the use thereof, or have anything to do with the management or control of a railroad in this State without leave of the General Assembly. However, nothing in this section shall apply to a railroad that at any time prior to February 15, 1929, in whole or in part, was owned, managed, operated, or controlled, or title to which or the use of which was acquired by any alien railway corporation, or by any of its subsidiary or affiliated companies or corporations, whether by itself or with others and whether directly or indirectly by stock ownership, lease, operating agreement, or otherwise.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3428. Jurisdiction of Superior Court

§ 3428. Jurisdiction of Superior Court
On information of the State’s Attorney of any county through which the road runs, the Superior Court may enforce the provisions of section 3427 of this title by writ of sequestration, injunction, receivership, or any other appropriate remedy.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3431. Railroad rights-of-way

§ 3431. Railroad rights-of-way
Notwithstanding the provisions of 1 V.S.A. § 213, when railroad operations cease on railroad rights-of-way owned by the State or municipality, the title or interest held by the State or municipality in such rights-of-way shall be retained by the State or municipality for future transportation purposes and such other purposes as are not inconsistent with future transportation purposes, except that such rights-of-way shall not be used by members of the general public without permission of the State or municipality. The State or municipality shall allow abutting farm operations to use the land over which the rights-of-way pass for agricultural purposes. Unless use and occupancy of railroad rights-of-way adversely affect railroad safety, broadband facilities and wireless and other telecommunications facilities that are installed along or within the railroad right-of-way in compliance with applicable operations and safety standards at the time of installation are consistent with existing and future transportation purposes. (Added 1981, No. 187 (Adj. Sess.), § 1; amended 2007, No. 79, § 8, eff. June 9, 2007.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 60 - General Provisions › § 3432. Emergency action for railroad derailment accidents

§ 3432. Emergency action for railroad derailment accidents
If a derailment of a freight or passenger train threatens public health or safety, or the disruption of rail service affecting interstate commerce, State, county, and municipal authorities shall allow necessary emergency equipment to be moved expeditiously to the site of the derailment, unless doing so poses an immediate risk to public health and safety as determined by the Secretary of Transportation or designee. (Added 2001, No. 75 (Adj. Sess.), § 12, eff. Feb. 19, 2002.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3451. Supervision and inspection

§ 3451. Supervision and inspection
The Transportation Board shall have general supervision of all railroads within this State and of corporations, receivers, trustees, directors, lessees, and other persons owning or operating the same, so far as may be necessary to enable it to perform the duties and exercise the powers conferred upon it. In accordance with chapter 3 of this title, the Board and the Agency, in the performance of their respective duties, shall have power to require the production and examination of books, accounts, and papers; require the production of witnesses; and inspect lines, offices, stations, and other facilities. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3452. Disclosure of information

§ 3452. Disclosure of information
(a) When requested to do so by the Board or the Agency, a railroad operating in this State shall furnish the Board or Agency any information specifically requested concerning the management of the railroad and the condition of its equipment and facilities, provided that the request shall extend only to information reasonably related to the railroad’s operations in this State and provided further that the Board and the Agency shall have no right to request information regarding salaries, pensions, options, or benefit programs or the expenses of officers or directors of railroads incorporated outside the United States.
(b) Any information provided by a railroad to the Board or Agency on the following subjects, whether pursuant to this section or otherwise, shall be confidential and shall not be disclosed by the Board or the Agency except as provided in subsection (c) of this section:
(1) customer data;
(2) compensation and benefits for a railroad’s directors, officers, and employees;
(3) contracts, financial obligations, and financial standing; and
(4) proprietary data known only to certain individuals within a railroad’s organization and that give the railroad the opportunity to obtain business advantage over competitors who do not know it.
(c) Confidential information may be made public by the Board or the Agency only if the Board first determines that the public good requires disclosure and that the disclosure will not violate State or federal law. The Board shall give the railroad written notice and shall afford the railroad an opportunity to be heard prior to making any determination that disclosure should be made and shall make written findings of fact upon which its determination is made.
(d) Nothing contained in this title or in any provision of Title 19 shall be construed to require a railroad to produce an investigatory report or other information that was prepared by a railroad, its agents, or its employees at the request or direction of a railroad’s attorney, nor shall anything contained in this title or any provision of Title 19 be construed to abrogate the attorney-client privilege as is otherwise provided by law. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 6; 1993, No. 172 (Adj. Sess.), § 40.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3453. Report of accidents

§ 3453. Report of accidents
A railroad shall report accidents to the Agency under the same circumstances and in the same manner as provided by federal law for reporting accidents to the Federal Railroad Administration. If an accident results in loss of life, serious personal injury, property damage in excess of $10,000.00, or an interruption of service in excess of 12 hours, it shall be reported as soon as practicable and in no event later than the next working day to the Secretary of Transportation or the Secretary’s designee. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3454. Investigation of accidents; hearing; determination; publicity

§ 3454. Investigation of accidents; hearing; determination; publicity
The Board shall inquire into the cause of every accident on a railroad resulting in loss of life and, in its judgment, into any accident, collision, or derailment of trains not so resulting. When, in its judgment, a public investigation is necessary in the interest of public safety, it shall fix a time and place of holding the same and shall summon the person operating the railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of an individual killed in the accident, to appear and give evidence regarding the cause of the accident. The Board shall also notify the State’s Attorney of the county in which the accident occurred, who shall investigate the cause of the accident, produce witnesses who can give evidence in regard to the same, and attend and represent the State at the hearing. All parties summoned, and other persons interested, may appear and be made parties thereto, may produce witnesses or other evidence, and may be represented by counsel. On notice from the Board, the person operating the railroad shall produce all railroad employees who can give pertinent evidence in regard to the cause of the accident, free of expense to the State. The Board shall make public its determination in regard to the cause of the accident so investigated and cause a permanent record of its determination to be made. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2017, No. 132 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 23, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 62 - Powers and Duties of Board Relating to Railroads › § 3455. Unlawful acts; petitions to Board; hearings

§ 3455. Unlawful acts; petitions to Board; hearings
In a matter over which the Board has jurisdiction, a person that claims to be injured by the unlawful action or neglect of a railroad in this State may commence proceedings by petition to the Board, with a copy to the Agency, briefly setting forth the cause of complaint. The State’s Attorney of the county in which a matter arises, the Attorney General, the legislative body of a municipality, or any 10 freeholders of the county by such complaint may bring before the Board any matter in which they claim the public safety is endangered or the charter or statutory law regulating railroads is being violated. When it has information that any railroad in this State is operating in violation of its charter or of the statutory law, the Board shall call the same to the attention of the Attorney General or the State’s Attorney of the county where the matter arises. The Attorney General or the State’s Attorney shall inquire into the same and, if in that individual’s judgment the matter should be investigated, that individual shall bring the same before the Board by proper complaint. On receipt of the complaint, the Board shall summon the person or persons complained of to appear before it and to make answer to the complaint. When issue is taken to the facts set out in the complaint, the Board shall appoint a time and place for hearing the same in the county where the matter arises and shall then and there hear and determine the matter complained of. Nothing in this section shall be construed to empower the Board to award monetary damages to any person or entity, except as expressly provided by law. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 42; 2021, No. 105 (Adj. Sess.), § 24, eff. July 1, 2022.)