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2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3588. Nuisance on highway; penalty

§ 3588. Nuisance on highway; penalty
A person or corporation owning or operating a railroad or the agents or employees thereof, shall not allow a handcar or other nuisance to be left on the railroad track or at the side of such track within the bounds of a highway crossed by such railroad. An agent or employee of a railroad corporation who violates the provisions of this section shall be fined not more than $20.00 nor less than $5.00.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3589. Liability for neglect

§ 3589. Liability for neglect
A person or corporation that violates the provisions of section 3588 of this title shall be liable for all injuries and damages occasioned by reason of a horse or team becoming frightened thereby, to be recovered in an action on this statute, brought by the party injured or damaged.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3590. Obstructing sight of cars at crossing; penalty

§ 3590. Obstructing sight of cars at crossing; penalty
A person who leaves wood, lumber, or other material on the line of a railroad or highway, at or near the crossing of a highway, so as to prevent or obstruct the sight of cars when approaching the crossing, shall be fined not more than $50.00 nor less than $5.00.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3591. Nonremoval after notice; penalty

§ 3591. Nonremoval after notice; penalty
A person who does not remove such obstruction after notice from one or more of the selectboard members or from a police officer of the town in which the crossing is situated shall be fined not more than $50.00 nor less than $5.00 for every 24 hours such obstruction remains thereafter.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3592. Agency approval

§ 3592. Agency approval
Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State’s share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State’s share. (Added 1989, No. 246 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces

§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces
(a) Definitions. As used in this section:
(1) “Public rail-highway crossings” means at-grade crossings determined by the Agency to be active public crossings. Public crossings shall not include crossings on railroad lines that have been abandoned or embargoed.
(2) “Active warning devices” means flashing lights, signals, automatic gates, or manually operated gates.
(b) Reimbursement. To the extent funds are appropriated for this purpose by the General Assembly, the Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually for the maintenance of each crossing equipped with automatic or manually-operated gates. Any reimbursement under this subsection shall be reduced by any amount that a municipality or some other third party is separately required to contribute to the railroad’s cost of maintaining active warning devices at a public rail-highway crossing, whether because of some contractual obligation or because of a regulatory order entered by the Transportation Board or one of its predecessor agencies.
(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad’s performing inspection and maintenance of active warning devices in accordance with regulations promulgated by the Federal Railroad Administration.
(d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, replacement, and installation of highway surfaces at public rail-highway crossings.
(e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into special agreements to reimburse a railroad for inspecting and maintaining signals and related equipment at crossings that have been specially designated as “quiet zones” pursuant to section 3582 of this title.
(f) Rulemaking. The Secretary may adopt rules to implement this program. (Added 1999, No. 18, § 8, eff. May 13, 1999; amended 2021, No. 105 (Adj. Sess.), § 35, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3612. Railroads may cross or unite; compensation, points, and manner

§ 3612. Railroads may cross or unite; compensation, points, and manner
A railroad corporation may cross or unite its railroad with any other railroad at any point in its route and upon the grounds of such other railroad corporation, with necessary turnouts, sidings, switches, and other conveniences. If the two corporations cannot agree upon the amount of compensation to be made or the points and manner of such crossings and connections, the same shall be determined by the Transportation Board on petition, service, and hearing. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 56; 2021, No. 105 (Adj. Sess.), § 36, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3613. Foreign corporations holding real estate

§ 3613. Foreign corporations holding real estate
A foreign railroad corporation connecting at the line of this State with a domestic railroad corporation may acquire and hold in this State such real estate as it may find necessary, and may make such improvements thereon as shall enable it satisfactorily, to make such connection with the railroad in this State and may construct and maintain all necessary sidings, engine houses, car houses, turntables, and other necessary structures and appliances for terminal purposes as shall be required for the operation of its railroad. (Amended 2023, No. 6, § 32, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3614. Terms of business between connecting roads

§ 3614. Terms of business between connecting roads
When a railroad enters upon, intersects, or connects with another railroad, the managers of each of such connecting roads shall furnish to the other reasonable terms of connection, accommodations, privileges, and facilities, in the reception, transportation, and delivery of cars, passengers, baggage, and freight, to and from each of such connecting roads, according to the usual course of railroad business, including the sale and reception of passenger tickets and checking of baggage, and shall receive and transport such cars, passengers, baggage, and freight at reasonable times and on reasonable terms.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3615. Terms with two competing roads that intersect

§ 3615. Terms with two competing roads that intersect
When a railroad is intersected by two or more railroads that are competing lines for business to or from the road so intersected, the managers of the road shall transport cars, passengers, baggage, and freight to and from each of the intersecting roads on the same terms and shall not establish rules, regulations, or terms of connection that will give to either of the competing roads an unreasonable advantage over the other. If the managers of the roads cannot agree upon any of the terms, the same, on petition, notice, and hearing, shall be determined by the Transportation Board. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 37, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3617. Making competing road a party

§ 3617. Making competing road a party
A competing road interested in the time or times of such connections, or in the rules and regulations governing the same, may be made a party to such petition and hearing or may bring an independent petition to have the time, times, rules, or regulations changed or modified. The Board, on due service and hearing, may make such changes or modifications as are required for the accommodation, convenience, and safety of the public. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3618. Intersection of railroads; stopping trains

§ 3618. Intersection of railroads; stopping trains
All trains or engines run upon a railroad in this State that intersects or crosses or is intersected or crossed by another railroad upon the same level shall be brought to a full stop and the whistle sounded at a distance of not less than 100 feet nor more than 1,000 feet from the point of intersection or crossing before such intersection or crossing is passed by such train or engine. The full stop and crossing on signal, with the approval of the Transportation Board, may be discontinued if an interlocking switch and signal apparatus is adopted, installed, and put in operation by such railroads at such crossing or intersection of two railroads. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 58.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3639. Farm crossings and cattle guards; construction and maintenance; judicial review

§ 3639. Farm crossings and cattle guards; construction and maintenance; judicial review
(a) A person owning or operating a railroad shall construct and maintain farm crossings of the road for the use of the proprietors of lands adjoining the railroad, and cattle guards at all farm and road crossings sufficient to prevent cattle and animals from getting on the railroad. A farm crossing may be temporarily or permanently closed or discontinued by mutual agreement between all parties having an interest in the farm crossing. If no mutual agreement can be reached by such interested parties, then a person owning or operating a railroad and desiring to close any farm crossing shall make application to the Transportation Board. The Board shall give notice to all interested parties, in the manner as the Board may direct, of the hearing on the application, the hearing to be in the county where the crossing is located. After the hearing, a person owning or operating a railroad shall not close such farm crossing without the approval of the Transportation Board. A person aggrieved by the closing of a farm crossing after January 1, 1955 by a person owning or operating a railroad may notify the Transportation Board of the closing by registered or certified mail, and upon receipt the Board shall conduct a hearing. Notice and place of hearing shall be as set forth in this subsection. The Transportation Board may require the reopening of any such crossing and make other order as is permitted in section 3649 of this title. At any hearing, the burden of proof shall rest with the person or persons effecting or seeking to effect the closing of a farm crossing. Any person aggrieved by the final order of the Transportation Board, who was a party to the proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c).
(b) A person closing any farm crossing in violation of a provision of this section or failing to comply with any such order shall be fined not less than $50.00 nor more than $500.00, and any person aggrieved by such violation may recover the person’s damages in an action on this statute. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 59; 2017, No. 113 (Adj. Sess.), § 12; 2019, No. 14, § 6, eff. April 30, 2019; 2021, No. 105 (Adj. Sess.), § 39, eff. July 1, 2022; 2021, No. 184 (Adj. Sess.), § 32, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3640. Board; party disagreement

§ 3640. Board; party disagreement
When the parties cannot agree upon the plan, manner, or number of the farm crossings, the same shall be determined by the Transportation Board on petition and after a public hearing. However, if the cost of such farm crossings exceeds the value of the land to be accommodated thereby, the Board need not order such crossings to be made, but shall award reasonable damages in lieu thereof. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 60; 2023, No. 6, § 33, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3641. Cattle guards at highway crossings

§ 3641. Cattle guards at highway crossings
The provisions of law relieving parties owning property adjoining a highway from maintaining fences along the line of such highway shall not be held to relieve persons owning or operating a railroad from maintaining cattle guards at points where such railroad crosses a highway at grade.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3642. Fences; construction and maintenance

§ 3642. Fences; construction and maintenance
(a) A person or corporation owning or operating a railroad shall construct and maintain on the sides of its road, when completed and in running order, a good and sufficient fence, along land of an operating farm adjacent to the railroad.
(b) Whenever the owner or occupant desires to pasture livestock on land adjacent to the railroad not then used for pasturing livestock and desires the railroad to erect the portion of the fence next to the tracks, he or she shall fence the portion of that land that is not adjacent to the railroad, and the railroad shall construct the portion of the fence adjacent to its tracks within five days of notice to it from the owner or occupant that his or her portion of the fence has been completed and shall maintain that fence so long as the adjacent land is used for pasturing livestock. (Amended 1977, No. 139 (Adj. Sess.), § 1, eff. March 24, 1978.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3643. Neglect; proceedings

§ 3643. Neglect; proceedings
When a person or corporation owning or operating a railroad does not construct and maintain a fence as required by this chapter, any person aggrieved may construct it. The selectboard members of the town in which the same is located shall appraise the value thereof, and the person or railroad corporation shall pay the amount so awarded by the selectboard members to the person so aggrieved. On failure of the person or corporation to pay the amount so awarded, the person so constructing such fence may recover the same in an action on this statute. Such a person or railroad corporation shall not be required to build such fence while the ground is frozen.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3644. Construction of fence when landowner is to keep it

§ 3644. Construction of fence when landowner is to keep it
The provisions requiring a person or corporation owning or operating a railroad to construct and maintain fences shall not apply when such person or corporation has settled with and paid the landowner for building and maintaining such fence. When a landowner thus paid for keeping such fence in repair neglects so to do, the person or corporation owning or operating such railroad may make the repairs and recover the necessary expense thereof of such landowner or his or her grantee.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3645. Damage to animals on railroad

§ 3645. Damage to animals on railroad
Until fences and cattle guards are duly made, such person or corporation and their agents shall be liable for the damages done by agents or engines to cattle, horses, or other animals thereon if occasioned by want of such fences and cattle guards. After such fences and guards are made, the person or corporation shall not be liable for such damages unless negligently or willfully done.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3646. Driving animals or vehicle within fences on railroad; damages; penalty

§ 3646. Driving animals or vehicle within fences on railroad; damages; penalty
A person who rides, leads, or drives a horse or other animal or operates a motor vehicle or a snowmobile upon a railroad, and within such fences and guards, other than at road and farm crossings, without the consent of the corporation shall forfeit not more than $50.00 to be recovered by the corporation in an action on this statute and shall also pay the damages sustained thereby to the party aggrieved. (Amended 1967, No. 341 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3647. Allowing animal to be at large in roadway; damages; penalty

§ 3647. Allowing animal to be at large in roadway; damages; penalty
When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3648. Complaint regarding fences, guards, crossings, watercourses

§ 3648. Complaint regarding fences, guards, crossings, watercourses
A person through whose land a railroad passes, after such road is in operation, and after 10 days’ notice by registered or certified letter addressed to the principal office of such railroad, may make complaint in writing to the Transportation Board that he or she is aggrieved by the neglect or default of a railroad corporation in constructing or maintaining fences, cattle guards, or farm crossings that the corporation is bound to construct or maintain, or by its stopping, impeding, or altering a watercourse, or by its making or stopping a ditch. The Board shall give reasonable notice to the petitioner and to the railroad corporation and to any other parties having an interest in the subject matter of the complaint of the time and place of hearing thereon, and such notice shall be given by registered or certified mail or by personal delivery. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 61.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3649. Order of Board

§ 3649. Order of Board
After hearing, the Board may make a written order requiring the corporation to construct or maintain in good repair such fence, cattle guard, or farm crossing, or to make or alter such watercourse or ditch, or to remove such impediment to the same, within such time as it may fix. Such corporation shall not be required to open a ditch while the ground is frozen, nor to alter the natural course of or do any act in regard to a watercourse that it is not legally bound to do, nor to comply with such order until 10 days after being served with a copy thereof. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3650. Penalty

§ 3650. Penalty
Unless the Board has extended the time for cause shown, a railroad corporation failing to comply with such order for more than 20 days after the time fixed by the Board shall be fined not more than $25.00 for each day’s failure. The corporation shall be further liable to the party aggrieved for the damages the party sustains in consequence of the failure. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 40, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3670. Clearance standards; variance

§ 3670. Clearance standards; variance
(a) No person shall construct, alter, or permit construction or alteration of a railroad track, railroad bridge, or structure over or adjacent to any railroad track unless the clearances provided equal or exceed the minimum standards set forth in the American Railway Engineering Association’s Manual for Railway Engineering, as in effect at the time work begins.
(b) Subject to the approval of the Transportation Board, a variance from the standards established by this section may be established by written agreement of the Agency of Transportation, all involved railroad companies, and any affected municipality.
(c) If the parties are unable to agree on a variance request, the Transportation Board, after notice and hearing, may grant a variance from the standards established by this section if the Board determines that:
(1) the Agency of Transportation, all involved railroad companies, and any affected municipality have had an opportunity to review and comment on the variance request;
(2) granting the variance will not significantly impair the safe, efficient, continuous movement of freight, passengers, and railroad equipment on the State’s railroad system or the safe, efficient performance of railroad maintenance operations; and
(3) the costs and impacts associated with meeting the clearance standards established by this section would exceed any public benefits reasonably likely to flow from adhering to such standards.
(d) Notwithstanding this section, tracks, bridges, and structures lawfully in existence or already under construction before July 1, 1990 may continue to be used and repaired, provided that clearances are not further reduced. (Added 1989, No. 246 (Adj. Sess.), § 27; amended 1993, No. 172 (Adj. Sess.), § 62; 2017, No. 113 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3671. Destruction of weeds and thistles

§ 3671. Destruction of weeds and thistles
A person or corporation operating a railroad in this State shall cause all thistles and noxious weeds growing within the surveyed boundaries of such railroad to be cut and destroyed before August 1 in each year. (Amended 1969, No. 97, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3673. Vegetation control

§ 3673. Vegetation control
A railroad shall take reasonable measures to control vegetation that is both on railroad property and on or immediately adjacent to the roadbed, so that the vegetation does not obstruct a highway user’s view of traffic control devices at a grade crossing or of a train approaching the crossing. (Amended 1969, No. 97, § 4; 2017, No. 158 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3674. Enforcement

§ 3674. Enforcement
If a railroad fails to control vegetation as required by section 3671 or 3673 of this title within 30 days after written notice is given by the selectboard of the town in which the vegetation is located or by the Agency in the case of violations involving a State highway grade crossing, the Transportation Board, upon application by the town or the Agency and after notice and hearing, may order the railroad to perform the work. Any such order shall specify a date by which the work must be completed. If the railroad fails to comply with the Board’s order, the Board may impose a civil penalty of $100.00 against the railroad for each day that the railroad fails to comply with the Board’s order. (Amended 1969, No. 97, § 3; 2017, No. 158 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3694. Rebate on fare paid on train; penalty

§ 3694. Rebate on fare paid on train; penalty
A railroad corporation and its agents or employees shall not demand or receive for a single ticket bought or fare paid, on a train or elsewhere than at its ticket office, more than $0.10 in excess of the tariff rate charged at its ticket office. When such excess is received, the conductor or other person receiving it shall give to the passenger a certificate that shall entitle him or her to receive the excess so paid at any station of the corporation in exchange for such certificate if presented for redemption at any time within 30 days from the day of issue. A person or corporation that violates a provision of this section shall be fined not more than $100.00 nor less than $10.00 for each offense.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3695. Equal charges and facilities; long and short haul

§ 3695. Equal charges and facilities; long and short haul
A railroad corporation whose railroad is located in the State shall not charge a larger sum for the transportation of freight, merchandise, or passengers thereon for a less distance, to or from a way station on such road, than is charged for a greater distance. In case of a violation of this provision, the excess so charged may be recovered from such corporation, by the party aggrieved, in an action on this statute, with costs.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3696. Special rates; fairs and schools

§ 3696. Special rates; fairs and schools
Railroad companies may transport at special and reduced rates, to and from a public agricultural exhibition or fair, animals or other property to be exhibited there publicly and may transport at special and reduced rates, to and from schools and other institutions of learning in this State, students there attending, provided that such rates shall be available to all who exhibit at such exhibitions or fairs or attend such schools or other institutions of learning.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3697. Equal and reasonable facilities

§ 3697. Equal and reasonable facilities
A person or corporation operating a railroad shall give to all persons reasonable and equal terms, benefits, facilities, and accommodations for the transportation of themselves, their agents and servants, and of merchandise and other property, upon such railroad, and for the use of the depots, buildings, and grounds thereof, and, at any point where such railroad connects with another railroad, reasonable and equal facilities of interchange.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3698. Connecting roads not to charge more for short than long distance; exception

§ 3698. Connecting roads not to charge more for short than long distance; exception
Two or more corporations whose roads connect shall not charge or receive for the transportation of freight to any station on the road of either of them a greater sum than is, at the time, charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the road of either in the same direction. This section shall not be construed as affecting the right of any railroad corporation to establish such rates on freights shipped over its line in carload lots from points outside the State to points beyond the State as may seem for its best interests, and the sum charged or received for the transportation of freight shall include all terminal charges.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3699. Penalty; excursion tickets

§ 3699. Penalty; excursion tickets
A person or corporation violating a provision of sections 3697 and 3698 of this title shall be liable to the party aggrieved for all damages sustained by reason of such violation, in an action on this statute. However, such sections shall not be so construed as to prevent the issuing of excursion, mileage, and commutation tickets.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3700. Installation of telephone in stations

§ 3700. Installation of telephone in stations
Each railroad corporation doing business in this State shall grant to every person, firm, joint stock company, or corporation operating a public telephone line in the State and having at least 500 telephone connections equal and reasonable terms, arrangements, and facilities for the installation of telephone instruments on the lines, or connected with the telephone system of such person, firm, joint stock company, or corporation, in all depots, station houses, or offices of such railroad corporation in the State. A railroad corporation that violates the provisions of this section shall be fined not more than $1,000.00 and shall be further liable in an action on this statute for damages to the party injured thereby.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3721. Badges

§ 3721. Badges
A conductor, baggage master, engineer, brakeman, or other servant of a railroad corporation employed in a passenger train or at stations for passengers shall wear upon his or her hat or cap a badge, which shall indicate his or her office, and the initial letters of the name of the corporation by which he or she is employed. An officer without such badge shall not demand or be entitled to receive from any passenger any fare, toll, or ticket; or interfere with a passenger or his or her baggage or property; or exercise any of the powers of his or her office.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3722. Baggage checks

§ 3722. Baggage checks
Baggage masters and station agents on railroads shall give checks, when requested so to do, to the owners of baggage who hold tickets, when delivered to them for the transportation from station to station. Such checks shall be returned to the baggage master or station agent when he or she delivers the baggage to the owner. A person or corporation operating a railroad whose officers or employees do not comply with the requirements of this section shall be fined $10.00 and shall also be liable for damages that accrue in consequence thereof.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3723. Ejectment of passenger from train

§ 3723. Ejectment of passenger from train
When a passenger in a train refuses to pay his or her fare or toll or to comply with the reasonable regulations of the corporation for the government of passengers, or is disorderly or intoxicated, the conductor of the train and the employees of the corporation may put him or her out of the cars at the nearest regular station on such railroad, causing the train to be stopped for that purpose. Conductors, agents, employees, or other officials of a railroad corporation shall not forcibly eject or cause to be ejected or put out of a train any passenger for nonpayment of fare or for being disorderly or intoxicated, except at a regular station on such railroad.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3724. Liability for damages

§ 3724. Liability for damages
A person or corporation running trains on any railroad in this State and the conductors, agents, employees, or other officers of such railroad shall be responsible for all injury and damage to persons or property arising by reason of noncompliance with or a violation of the requirements of section 3723 of this title, to be recovered in an action on this statute.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3726. Running out of time; penalty

§ 3726. Running out of time; penalty
A conductor, engineer, or other person having the control of an engine or train of cars who runs such engine or train of cars or allows the same to be run upon a section of railroad at the time designated for any other engine or train of cars to run upon such section in an opposite direction without notice and authorization from the conductor, engineer, train dispatcher, or other person having control of the movement of the last mentioned engine or train of cars shall be fined not more than $1,000.00 nor less than $100.00.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3727. Only company’s engines to be run on road; penalty

§ 3727. Only company’s engines to be run on road; penalty
A locomotive, engine, or other power shall not run upon a railroad, except those that belong to and are controlled by the person owning and managing the road, unless by the person’s consent. An engineer or other person violating the provisions of this section shall be liable to the person owning and managing the road for the damages sustained due to the violation and shall be fined not more than $500.00. If a collision of trains results from the violation of this section and an individual is killed, the engineer or other person shall be guilty of manslaughter. This section shall not be enforced when it conflicts with the charter of a railroad corporation organized under the laws of this State. (Amended 2021, No. 105 (Adj. Sess.), § 41, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3728. Employ of person using alcohol; penalty; damages

§ 3728. Employ of person using alcohol; penalty; damages
When a railroad corporation employs or retains in its service a conductor, engineer, brakeman, switchman, semaphore operator or other signalman, train dispatcher, or telegraph operator who receives train orders who uses alcohol as a beverage, such fact being known to the president, superintendent, or any of the directors of such road, such corporation shall be fined not more than $3,000.00 nor less than $300.00. Such corporation shall also be liable for the damages that a person sustains by the employment or retention of such employee. (Amended 2017, No. 83, § 161(1).)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3729. Use of alcohol by employee; penalty

§ 3729. Use of alcohol by employee; penalty
A person named in section 3728 of this title who, while in control of the movement of an engine, train, electric car, or semaphore or while engaged in the discharge of any duty relating to his or her employment, is intoxicated shall be imprisoned not more than one year or fined not more than $500.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 161(1).)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3730. Negligence of employee; penalty

§ 3730. Negligence of employee; penalty
An engineer, fireman, or other agent of a railroad who is guilty of negligence or carelessness that causes an injury to a person shall be imprisoned not more than one year or fined not more than $1,000.00, or both. This section shall not exempt a person from an action for damages. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2021, No. 105 (Adj. Sess.), § 42, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3731. Property held for injuries on road

§ 3731. Property held for injuries on road
When the property or person of another is injured through the default of a person or corporation owning or operating a railroad, or the agents or employees thereof, the cars, engines, and other property that, at the time of such injury, are subject to use in the running and management of such road and that have, at any time, been owned by such person or corporation, shall be held to be the property of the person or corporation for the purpose of furnishing indemnity for such injury and may be attached and levied upon as such at the action of the party injured.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3732. Damages for fire communicated by engine

§ 3732. Damages for fire communicated by engine
A person or corporation owning or operating a railroad shall be responsible in damages for injury to a building or other property caused by fire communicated by a locomotive engine on such road unless due caution and diligence are used and suitable expedients employed to prevent such injury. The person or corporation shall have an insurable interest in the property along its route and may procure insurance thereon.
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3755. Commissions

§ 3755. Commissions
Upon petition of a person or corporation owning or operating a railroad, the Commissioner of Public Safety may, subject to the provisions of section 3757 of this subchapter, commission any employees of the railroad as the person or corporation designates to act as police officers in and upon the premises and equipment owned, managed, or used by a railroad; shall issue commissions to the employees so commissioned; and shall have the authority to rescind such commissions. (Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3756. Oath of office

§ 3756. Oath of office
Each police officer so commissioned shall, before entering upon the duties of his or her office, take an oath of office administered by the Commissioner of Public Safety or his or her designee. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3757. Qualifications

§ 3757. Qualifications
Persons commissioned pursuant to section 3755 of this subchapter shall be subject to minimum training standards established by rule of the Vermont Criminal Justice Council pursuant to 20 V.S.A. chapter 151. (Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3758. Powers

§ 3758. Powers
Railroad police commissioned pursuant to this subchapter shall have the authority to act as police in and upon the premises and equipment owned, managed, or used by a railroad, and in all cases in which the rights of the employing or another railroad are involved, to exercise within this State all the powers of a law enforcement officer, including the powers of arrest and the carrying of firearms. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3759. Arrest; place of arraignment and trial

§ 3759. Arrest; place of arraignment and trial
When a criminal offense occurs on a moving train, arraignment and trial of any suspected offender shall take place in the county or territorial unit in which the offense occurred. When arrest and continued custody by railroad police are necessary and allowed by the Vermont Rules of Criminal Procedure, railroad police may detain a person arrested on a moving train until the next regular stop for the train on which they are traveling. The person shall then be removed from the train and delivered to the appropriate authorities. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3760. Carrying of badge

§ 3760. Carrying of badge
Railroad police commissioned pursuant to this subchapter shall, when on duty, carry a badge with the words “Railroad Police” or “Railway Police” and the name of the employing railroad inscribed thereon. The badge shall be worn in plain view when the police officer is in uniform. The police shall also carry, when on duty, an identification card issued by the employing railroad. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3761. Compensation; liability of employer

§ 3761. Compensation; liability of employer
The compensation and cost of training, including minimum basic training, of railroad police shall be paid by the person or corporation upon whose petition they are appointed. The person or corporation shall be liable to parties aggrieved by the official misconduct of the railroad police to the same extent as they are for the torts of other agents and employees of the railroad. The State of Vermont shall not be liable for the acts or omissions of railroad police appointed under this subchapter. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3762. Reciprocity

§ 3762. Reciprocity
In order to more effectively carry out the purposes of this subchapter, the Governor of this State, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, empowering railroad police, subject to any regulations prescribed under such agreement, with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that the offense is committed on or against property owned, operated, or maintained by the employing or another railroad. (Added 1981, No. 104, § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 68 - Construction and Operation of the Road › § 3763. Termination of authority

§ 3763. Termination of authority
Upon termination of employment as a railroad police officer of any person commissioned pursuant to this subchapter, the person’s commission shall be automatically rescinded and his or her powers as a police officer shall terminate. Within 10 days after the termination, the employing railroad shall file a notice of the termination with the Commissioner of Public Safety and the Vermont Criminal Justice Council. The State of Vermont shall not be responsible for the supervision, discipline, or decision to terminate the employment of persons commissioned as railroad police officers under this subchapter. (Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3783. Alteration, petition for; hearings

§ 3783. Alteration, petition for; hearings
The selectboard of a town within which a public highway crosses or is crossed by a railroad, or the general manager or attorney of a railroad corporation whose road crosses or is crossed by a public highway, may bring their petition in writing to the Transportation Board alleging that public safety requires an alteration in the crossing, its approaches, the method of crossing, the location of the public highway, the elimination of the crossing, the closing of the public highway crossing and the substitution of another crossing not at grade, or the removal of obstructions to the sight at the crossing, and praying that the same may be ordered, or proceedings may be instituted by the Agency of Transportation or the Board of its own motion and without petition. The Board shall appoint a time and place for hearing the petition on notice of not less than 10 days to the petitioners, the railroad, the municipality in which the crossing is situated, the owners of the land adjoining the crossing, and adjoining that part of the highway to be changed in grade, and to the Attorney General, who shall, as the Attorney General or through the State’s Attorney of the county where the crossing is located, represent the interests of the State at the hearing. After notice and the hearing, the Board shall determine what alterations, changes, or removals, if any, shall be made and by whom. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 63; 2021, No. 105 (Adj. Sess.), § 43, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 70 - Grade Crossings › § 3784. Grade crossings; alteration; expense apportionment

§ 3784. Grade crossings; alteration; expense apportionment
The Board shall direct that the expense of any alterations, changes, or removals referred to in sections 3783 and 3785 of this title, including the damages to any person whose land is taken, and the special damages that the owner of land adjoining the public highway shall sustain by reason of any change in the grade of the highway be paid in whole or in part by the State and the corporation owning or operating the railroad that crosses the public highway on the basis of benefits received by the public and the corporation respectively. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 4, eff. Aug. 1, 1961; 1969, No. 76, § 9.)