PART 1 General Provisions

Cross References

Cross references. Regulation of aeronautics, see § 201 et seq. of this title.

Regulation of surface transportation generally, see § 1601 et seq. of this title.

CHAPTER 1. TRANSPORTATION BOARD

Sec.

§ 1. Definitions.

As used in this title, unless the context requires otherwise, the following definitions shall apply:

  1. "Agency" means the Agency of Transportation.
  2. "Board" means the Transportation Board.
  3. "Municipality" means a county, city, village, town, or any other political subdivision of this State, and any public corporation, authority, or district of this State which is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services.
  4. "Person" means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative.
  5. "Political subdivision" means any county, city, town, or other municipality.
  6. "Secretary" means the Secretary of Transportation.
  7. "Agency of Transportation" or "Agency" means the State, the Agency of Transportation, its Secretary, or its officials.

    Added 1985, No. 222 (Adj. Sess.), § 1.

§ 2. Transportation Board; generally.

The provisions of this part set forth the duties, authority, and responsibility and procedures of the Transportation Board relative to the provisions of this title, except as otherwise provided.

Added 1985, No. 222 (Adj. Sess.), § 1.

Cross References

Cross references. Powers and duties of Agency of Transportation relating to aeronautics generally, see §§ 204 and 205 of this title.

Powers and duties of Agency of Transportation relating to surface transportation generally, see § 1601 et seq. of this title.

CHAPTER 3. PROCEEDINGS; APPEAL TO SUPERIOR COURT

Sec.

§ 31. Commencement of proceedings.

Proceedings before the Board authorized by this title may be commenced on motion of the Board or by a petition as specifically provided for by law.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 2.

§ 32. Production and examination of books; witnesses.

So far as is necessary for the performance of their duties, the members of the Transportation Board, or the Secretary of Transportation or his or her designee and any other employee of the Agency authorized by the Secretary shall have power to examine the books, accounts, and papers of any person, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Board's or the Agency's jurisdiction, which in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of transportation services within the State. In addition to these powers, they may subpoena witnesses, administer oaths to witnesses, and examine them on all matters over which the Board or Agency has jurisdiction.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 18.

Cross References

Cross references. Enforcement of administrative subpoenas, see 3 V.S.A. § 809a.

Modification of administrative subpoenas or discovery orders, see 3 V.S.A. § 809b.

Penalties, see § 34 of this title.

§ 33. Right of inspection.

The members of the Transportation Board, or the Secretary of Transportation or his or her designee and other employees of the Agency authorized by the Secretary, may during business hours enter and inspect the offices, plants, facilities, and stations or enter upon the land or lines of any company subject to supervision by the Board or the Agency.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 29.

Cross References

Cross references. Penalties, see § 34 of this title.

§ 34. Refusal to show books; false oath; penalties.

A person, company, or corporation subject to the supervision of the Board or the Agency who refuses the Board or the Agency access to its books, accounts, or papers so far as may be necessary under the provisions of this chapter, or who fails or refuses to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Board, shall be fined not more than $5,000.00. An individual who knowingly, under oath, makes a false return or statement or gives false information to the Board or the Agency, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 30.

Cross References

Cross references. Punishment for perjury, see 13 V.S.A. § 2901, et seq.

§ 35. Depositions.

The Agency of Transportation, its representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in the manner and be used for those purposes which the Supreme Court by rule has provided for taking depositions in civil actions in the Superior Courts.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 31.

Cross References

Cross references. Taking of depositions generally, see V.R.C.P. 28, 30, 31.

§ 36. Service of process.

  1. All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days' notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the Board as provided in subsection (b) of this section. However, all processes and notices pertaining to and on any hearings on clearances or other matters concerning the safety of railroad employees shall in addition be sent to the union representing the affected employee, if any.
  2. The Board may shorten the notice period specified in subsection (a) of this section and grant a temporary restraining order under terms as it considers appropriate, if:
    1. it clearly appears from specific facts shown by affidavit or by verified petition that immediate and irreparable injury, loss, damage, or danger to health will result to the petitioner before a hearing can be had upon notice as provided in subsection (a) of this section; and
    2. notice of the application for the restraining order has been given to the company involved or to its attorney.

      Added 1985, No. 222 (Adj. Sess.), § 1; amended 2017, No. 132 (Adj. Sess.), § 1.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "railroad employees" for "trainmen" following "safety of" and "union representing the affected employee, if any" for "Secretary of the Vermont Legislative Board of the United Transportation Union" following "to the".

Prior law. 30 V.S.A. § 10.

§ 37. Members; terms; retirement; appeal.

  1. When a Board member who hears all or a substantial part of a case retires from office before the case is completed, he or she shall remain a member of the Board for the purpose of concluding and deciding the case, and signing the findings, orders, decrees, and judgments of the case.  A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.
  2. A case shall be deemed completed when the Board enters a final order even though the order is appealed to a Superior Court and the case remanded to the Board.  Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal.

    Added 1985, No. 222 (Adj. Sess.), § 1.

History

2014. In subsec. (a), in the second sentence, substituted "Chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 30 V.S.A. § 3.

Cross References

Cross references. Review of orders by Superior Court, see §§ 43 and 44 of this title.

§ 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency.

The fees of witnesses before the Board or the Agency shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the Executive Secretary or the Secretary. Periodically, the Executive Secretary and the Secretary may request money from the Commissioner of Finance and Management to pay fees and expenses, and the Commissioner of Finance and Management shall issue his or her warrants.

Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 33 , § 11.

History

2017. In the second sentence, deleted "of the Agency" following "Secretary" and in the third sentence, deleted "of the Agency of Transportation" in accordance with section 1 of this title and with V.S.A. style.

Revision note - References to "Commissioner of Finance" changed to "Commissioner of Finance and Management" which is consistent with 3 V.S.A. § 2281. [E.O. 35-87 rescinded]

Amendments--2009. Deleted the former fourth sentence.

Prior law. 30 V.S.A. § 17.

Cross References

Cross references. Witness fees generally, see 32 V.S.A. § 1551 et seq.

§ 39. Joint hearings and investigations.

The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of the investigations or hearings or in the making of the orders, the Board shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 33.

§ 40. Pleadings; rules of practice; findings of fact.

  1. The forms, pleadings, and rules of practice and procedure before the Board shall be prescribed by the Board.
  2. The Board shall hear all matters within its jurisdiction and make findings of fact.  It shall state its rulings of law when required.  Upon appeal to a Superior Court, the Board's findings of fact shall be accepted unless clearly erroneous.

    Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.) § 1.

History

Amendments--1993 (Adj. Sess.) Subsec. (a): Deleted the second sentence of the introductory paragraph and subdivs. (1) and (2).

Prior law. 30 V.S.A. § 11.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 41. Decree of Transportation Board; enforcement.

A party to an order or decree of the Transportation Board or the Board itself, or both, may complain to a Superior Court for relief against any disobedience of or noncompliance with a Board order or decree. In enforcement proceedings and upon notice as directed by the Superior Court, the Superior Court shall hear and consider the petition and make orders and decrees concerning the enforcement of the order and decree of the Transportation Board as the court deems appropriate.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 15.

Cross References

Cross references. Penalties, see § 34 of this title.

§ 42. Injunctive proceedings.

Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Board, the Agency of Transportation may commence an action or proceeding in any Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation and asking for appropriate relief by way of injunction. It shall then be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary restraining order and preliminary injunction in accordance with the laws of the State and rules in the case made and provided. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Any other persons as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Agency. The final judgment in any injunction action or proceedings shall either dismiss the action or proceeding or direct that an injunction be issued as asked for in the petition or in a modified form as the court may determine will afford appropriate relief.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 32.

§ 43. Review by Superior Court.

A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may appeal to a Superior Court under Rule 74 of the Vermont Rules of Civil Procedure. However, the Board, before final judgment, may permit an appeal to be taken by any party to a Superior Court for determination of questions of law in the same manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided in this section, shall operate as a stay of enforcement of an order of the Board unless the Board or a Superior Court grants a stay under the provisions of section 44 of this title.

Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 56.

History

2005. The reference to "Rules of Civil Procedure" was changed to "Vermont Rules of Civil Procedure" for purposes of clarity and to conform to V.S.A. style.

Amendments--2009 (Adj. Sess.) Deleted "or a district court" following "superior court" in the second sentence.

Prior law. 5 V.S.A. §§ 13, 14; 30 V.S.A. § 12.

§ 44. Powers of Superior Court.

A Superior Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, order, or decree in accordance with these mandates. Appeals to the Superior Court shall not have the effect of vacating any judgment, order, or decree of the Board, but the Superior Court, upon notice to interested parties, may suspend execution of a Board judgment under a decree as justice and equity require unless otherwise specifically provided by law.

Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 2.

History

Amendments--1993 (Adj. Sess.) Rewrote the second sentence.

Prior law. 5 V.S.A. §§ 15, 16; 30 V.S.A. § 13.

§ 45. Additional personnel; compensation.

  1. For purposes of the proceedings described in subsection (b) of this section, the Board or Agency may retain the services of legal counsel, official stenographers, and expert witnesses. These persons shall be in addition to its regular personnel. The Board or Agency shall fix the amount of compensation and expenses to be paid to the additional personnel.
  2. Proceedings for which additional personnel may be retained are:
    1. hearings resulting from a company's request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase;
    2. hearings resulting from a petition by a company or a person operating a company to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Board is required by law; and
    3. hearings resulting from a petition for a merger or consolidation for which the approval of the Board is required by law.
  3. Persons employed by the State are competent to be designated to act for the same purposes and instead of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay.

    Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 20.

§ 46. Assessment of costs.

  1. The Board or the Agency may allocate the portion of the expense incurred by it in retaining additional personnel for the particular proceedings authorized in section 45 of this title to the company or companies involved in those proceedings.  Periodically during the progress of the work of additional personnel, the Board or Agency shall render to the company detailed statements showing the amount of money expended or contracted for in the work of the personnel, which shall be paid by the company into the State Treasury at the time and in the manner as the Board or Agency may direct.
  2. When regular employees of the Board or Agency are employed in the particular proceedings described in section 45 of this title, the Board or the Agency may also allocate the portion of these costs to the company or companies involved in the proceedings.  The costs of regular employees shall be computed on the basis of working days within the salary period.  The manner of assessment and of making payments shall otherwise be as provided in subsection (a) of this section.

    Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 21.

CHAPTER 5. ASSESSMENTS TO SUPPORT AGENCY OF TRANSPORTATION AND TRANSPORTATION BOARD

Sec.

Cross References

Cross references. Assessment of cost of particular proceedings, see §§ 45 and 46 of this title.

§ 63. Repealed. 1987, No. 160 (Adj. Sess.), § 1, eff. April 26, 1988.

History

Former § 63. Former § 63, relating to payment and rate of tax to help finance Agency of Transportation and Transportation Board, was derived from 1985, No. 222 (Adj. Sess.), § 1.

Retroactive application of repeal. 1987, No. 160 (Adj. Sess.), § 2, eff. April 26, 1988, provided that the section of the act repealing this section was to apply retroactively to January 1, 1987.

§ 64. Assessment.

When the Agency of Transportation discovers from the examination of the return or otherwise that the revenue of any company has not been assessed, it may at any time within four years after the time when the return was due assess the revenue and give notice to the company of the assessment and, within 30 days, the company shall have an opportunity to confer with the Agency as to the proposed assessment. The limitation of four years to the assessment of a tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. After the expiration of 30 days from notification, the Agency shall reassess the revenue of the company which it finds has not been assessed and shall give notice to the company of the amount of the tax and interest and penalties, if any, and that amount shall be due and payable within ten days from the date of the notice. No additional tax amounting to less than $1.00 shall be assessed.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 25.

Cross References

Cross references. Review of assessment, see § 66 of this title.

§ 65. Penalty.

When an annual report for any year is not given to the Agency of Transportation and the tax due is not paid on or before the next April 15, there shall be added to the tax an additional amount equal to five percent or $10.00, whichever is greater, if the return is made and tax paid within 15 days after becoming due, and 25 percent of the tax or $50.00, whichever is greater, if the return is not made and tax paid within 15 days after becoming due. When a company that has failed to file the return or has filed an incorrect or insufficient return and has been notified by the Agency of its delinquency, refuses or neglects within 20 days after notice to file a proper return, or files a fraudulent return, the Agency shall determine the tax due according to its best information and belief and shall increase the amount of the tax so determined by 50 percent or $20.00, whichever is greater. No assessment shall be made under this section unless made within four years from the date on which a correct return should have been filed, but the limitation of four years to the assessment of the tax or additional tax shall not apply to the assessment of additional taxes upon fraudulent returns. The Agency may waive the penalties mentioned in this section if it is satisfied that the default was for any justifiable cause, and it may extend the time for filing returns or paying the tax, not to exceed four months.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 26.

§ 66. Review.

The assessment by the Board or Agency of Transportation of any tax or penalty under the provisions of sections 64 and 65 of this title may be reviewed by the Washington Superior Court on petition filed by the company against the Board or Agency. The petition shall be brought within 90 days after the receipt by the company or its agent of written notice by the Board or Agency of its assessment. The petition shall be verified by oath and a citation shall be annexed, signed by a judge or the clerk of the court. If the assessment was made by the Board, the petition and citation shall be served on the Chair or Executive Secretary of the Board. If the assessment was made by the Agency, the petition and citation shall be served on the Secretary of Transportation. In each case, service shall be completed at least 12 days before it is returnable. Appropriate proceedings shall be had and the relief, if any, to which the company may be found entitled may be granted, and any taxes, interest, or penalties paid found by the court to be illegally assessed shall be ordered refunded to the company with interest at six percent per year from the time of payment, with costs, and judgment entered accordingly.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

2014. In the fourth sentence, substituted "Chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note - Substituted "sections 64 and 65" for "sections 63 to 65" in the first sentence in light of the repeal of section 63.

Prior law. 30 V.S.A. § 27.

§ 67. Determining correctness of returns; estimating taxes.

For the purpose of determining the correctness of any return or for the purpose of making an estimate of the taxes due from any company, the Agency of Transportation shall have power to examine or cause to be examined by any agent or representative designated by it for that purpose any books, papers, records, or memoranda of the company or of any person or corporation in the State bearing upon the matters required to be included in the return, and may require the attendance of any person having knowledge in the premises at any place in the county where the person resides, and may take testimony and require proof material for their information, with power to administer an oath to the person.

Added 1985, No. 222 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 28.

PART 2 Aeronautics

CHAPTER 9. GENERAL PROVISIONS; ABANDONED AIRCRAFT

History

Amendments--2017 (Adj. Sess.) 2017, No. 158 (Adj. Sess.), § 10, added "Abandoned Aircraft" in the chapter heading and added subchapter designations and headings for subchapters 1 and 2.

Subchapter 1. Aeronautics; Authority and Duties; Penalties

§ 201. Short title.

This chapter may be cited as the "State Aeronautics Act."

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 1.

§ 202. Definitions.

As used in this part of this title, unless the context otherwise requires, the following definitions shall apply:

  1. "Aeronautics" means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and aircraft accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction.
  2. "Aeronautics instructor" means an individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising his or her occupation; without calling his or her facilities an "air school" or anything equivalent; and without employing or using other instructors.  But it does not include an instructor in a public school or university of this State, or an institution of higher learning accredited and approved for carrying on collegiate work, while engaged in his or her duties as instructor.
  3. "Aircraft common carrier" means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, to engage in scheduled air commerce over regular route or routes.
  4. "Carrier by aircraft" means any person who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in intrastate air transportation which at any time or in any manner is not subject to the rules of the Department of Transportation or other federal agency having jurisdiction.
  5. "Air commerce" means the transportation by aircraft of persons or property or any class or classes, including express for compensation or hire, or flights that are certified wholly within the State of Vermont and that are made in serving as a local feeder route or are made by a carrier that does not operate a connecting air route to or from a point outside the State, or to provide excursion or sight-seeing trips.
  6. "Aircraft" means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft.
  7. "Air instruction" means the imparting of aeronautical information by an aeronautics instructor or by an air school or flying club.
    1. "Airman" means an individual: (8) (A) "Airman" means an individual:
      1. in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when underway;
      2. who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; or
      3. who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.
    2. "Airman" does not include an individual:
      1. employed outside the United States;
      2. employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with aircraft, aircraft engines, propellers, or appliances; or
      3. performing inspection or mechanical duties in connection with aircraft owned or operated by him or her.
  8. "Air navigation" means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State.
  9. "Air navigation facility" means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid or convenience of air navigation, including airports and restricted landing areas.
  10. "Airport" means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, which is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way.
  11. "Airport hazard" means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off.
  12. "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part.
  13. "Airport protection privileges" means an interest in air space over land or water, or in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of airports and restricted landing areas.
  14. "Air school" means a person engaged in giving, or offering to give, instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding himself or herself out as giving or offering to give this instruction.  But it does not include a public school or university of this State or an institution of higher learning duly accredited and approved for carrying on collegiate work.
  15. "Civil aircraft" means aircraft other than public aircraft.
  16. "Flying club" means a person, other than an individual, that neither for profit nor reward owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.
  17. "Local feeder route" means an air route branching laterally from an intermediate point along an interstate route, which branch route is confined to points within the State of Vermont.
  18. "Municipality" means a county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.
  19. [Repealed.]
  20. "Operation of aircraft" or "operate aircraft" means the use of aircraft for air navigation and includes the navigation or piloting of aircraft.  A person who causes or authorizes the operation of aircraft, with or without the right of legal control, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutory law of this State.
  21. "Overcharges" means charges for transportation service in excess of those applicable under the tariff lawfully on file with the Board.
  22. "Public aircraft" means aircraft used exclusively in the service of any government, or any political subdivision, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
  23. "Restricted landing area" means an area of land or water, or both, that is used or is made available for the landing and take-off of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board.
  24. [Repealed.]
  25. "Structure" means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), §§ 1, 4; 1999, No. 18 , § 16, eff. May 13, 1999; 2017, No. 113 (Adj. Sess.), § 5; 2017, No. 132 (Adj. Sess.), § 2.

History

2017. In subdiv. (1), deleted "but not limited to" following "including", and in subdiv. (26), deleted "but not limited to," following "including", in accordance with 2013, No. 5 , § 4.

Amendments--2017 (Adj. Sess.) Subdiv. (1): Act No. 113 inserted "aircraft" preceding "accessories".

Subdiv. (8): Amended generally by Act No. 132.

Amendments--1999. Subdiv. (24): Substituted "Board" for "Agency".

Amendments--1997 (Adj. Sess.). Repealed subdivs. (20) and (25), defining "navigable air space" and "state airway", and substituted "Agency" for "Board" in subdiv. (24).

Prior law. 5 V.S.A. §§ 2, 73, 451, 491, 552.

§ 203. Purpose.

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

  1. by providing for the protection and promotion of safety in aeronautics;
  2. by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
  3. by granting to a State agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this State and others engaged in aeronautics, and encourage and develop aeronautics;
  4. by establishing such regulations as are essential in order that persons engaged in aeronautics of every character may so engage, consistent with the safety and the rights of others;
  5. by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and authorities of this State.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

2017. In the introductory sentence, substituted "this chapter" for "this act" to conform to V.S.A. style.

Prior law. 5 V.S.A. § 3.

§ 204. Powers of Agency generally.

  1. To carry out the purposes of this part, the Agency of Transportation shall have power, subject to subsection (b) of this section:
    1. To contract in the name of the State with individuals, firms, or corporations, with officials of a town, city, or village, with officials of a group of either or both of such governmental units, with officials of another state, or with officials or agencies of the federal government to carry out the purposes of this part.
    2. To receive, manage, use, or expend, for purposes directed by the donor, gifts, grants, or contributions of any name or nature made to the State for the promotion or development of aeronautics or for aeronautics facilities. The authority granted in this subdivision shall be subject to the provisions of 32 V.S.A. § 5 .
    3. To 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 by purchase, gift, or otherwise, under authorization of this part, and to charge reasonable fees for such use or the use of landing areas, parking areas, buildings, and other facilities, or for services rendered. Monies received from the fees shall be paid into the State Treasury and credited to the Transportation Fund.
    4. To acquire on behalf of the State, acting either alone or with local governmental units or the federal government, by purchase or by the exercise of the right of eminent domain, property, easements, or other rights in property needed to carry out the purposes of this part. In taking property, easements, or rights in property located in this State, the right of eminent domain shall be exercised in the manner and subject to the limitations provided for in 19 V.S.A. chapter 5, except as otherwise provided in chapter 15, subchapter 2 of this part.
  2. 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 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 153 (Adj. Sess.), § 48; 2015, No. 40 , § 13.

History

Amendments--2015. Subdiv. (a)(2): Added the second sentence.

Amendments--2011 (Adj. Sess.). Designated the introductory language as subsec. (a), and therein added "subject to subsection (b) of this section".

Subsec. (b): Added.

Prior law. 5 V.S.A. § 6.

Annotations From Former § 6

1. Expenditure of appropriations.

Funds appropriated by legislature which were specifically allocated for use by one municipality, subject to approval by the voters of that municipality, became available for use by the aeronautics board for development of air navigational facilities elsewhere in the state in the event the municipality failed to authorize the improvements. 1962-64 Op. Atty. Gen. 327.

§ 205. Duties of Agency generally.

  1. The Agency shall have general supervision over aeronautics within this State.
  2. The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies.  The Agency shall represent the State in aeronautical matters before federal and state agencies.  The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding which involves the interest of the State in aeronautics.
  3. The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part.
  4. The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection.
  5. Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.
  6. The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary.
  7. The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title.
  8. The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the Legislature for that purpose.
  9. The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities: (1) locating aircraft believed lost and down within Vermont; (2) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and (3) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont.  Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies which can contribute in such emergencies, each agency's contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors.  The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel.  Notwithstanding the foregoing, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities.
  10. The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38 , § 14b, eff. May 28, 1997; 2015, No. 23 , § 68.

History

Amendments--2015. Subsec. (c): Substituted "adopt" for "and make, promulgate" preceding "and amend reasonable" and deleted ", regulations," following "special rules".

Amendments--1997. Subsec. (j): Added.

Amendments--1993 (Adj. Sess.) Deleted "and board" following "agency" in the section catchline.

Subsec. (d): Substituted "its own" for "the" preceding "principal office" and deleted "of the board" thereafter.

Subsec. (f): Deleted "the board, each of its members" following "conferred upon" in the second sentence.

Subsec. (g): Deleted "board, any member or designee, the" preceding "secretary" and "board or" following "rules of the" in the first sentence and deleted "members of the board" preceding "the secretary and" and substituted "his or her" for "their" thereafter in the second sentence.

Prior law. 5 V.S.A. § 7.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 206. Federal and other monies received; deposit, designation, appropriation, and disbursement.

  1. The Agency is authorized to cooperate with the government of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other navigation facilities in this State, and to comply with the provisions of the laws or regulations of the United States for the expenditure of federal monies upon airports and other air navigation facilities.
  2. The Agency is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this State, appropriated to the Agency or that have been approved for receipt pursuant to 32 V.S.A. § 5 or 511.
  3. All monies accepted for disbursement by the Agency pursuant to subsection (b) of this section shall be deposited in the State Treasury and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the State in trust for such purposes. All monies shall be expended for the purposes for which they were made available and in accordance with federal laws and regulations and with this chapter. The Agency is authorized, whether acting for this State or as the agent of any of its municipalities, or when requested by the U.S. government or any agency or department of the U.S. government, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 40 , § 14.

History

2011. Added "; deposit, designation, appropriation, and disbursement" to section heading.

Amendments--2015. Section amended generally.

Prior law. 5 V.S.A. § 8.

§ 207. Registration; licenses, certificate of approval.

  1. The Board is authorized to approve airport and restricted landing area sites or other air navigation facilities in accordance with rules to be adopted by the Board. Certificates of approval shall be granted for airports and restricted landing areas that were being operated on or before July 1, 1945.
  2. [Redesignated.]
  3. All proposed airports, restricted landing areas, and other air navigation facilities shall be first approved by the Board before they are used or operated. A municipality or person proposing to establish an airport, restricted landing area, or a seaplane landing area shall make application to the Board for a certificate of approval of the site selected and the general purpose or purposes for which the airport, restricted landing area, or seaplane landing area is to be established to ensure that it shall conform to minimum standards of safety and shall serve public interest. A municipality or officer or employee or any person shall not operate an airport, restricted landing area, seaplane landing area, or other air navigation facility for which a certificate of approval has not been issued by the Board.
  4. The application for a certificate of approval of the site selected shall be in writing and substantially describe the property involved and the general purposes for which it is to be acquired and the manner in which the acquisition is asserted to serve the public interest. The application shall designate the names of all owners or persons known to be interested in lands adjoining the property and their residences, if known, and shall contain such further matter as the Board by rule shall determine. The application shall be supported by documentation showing that the proposed facility has received municipal approval. After evaluating the application, the Board shall issue its order giving notice of the time and place of hearing on the application. The applicant shall give notice of the proceedings to all persons owning or interested in adjoining lands by delivery of a true copy of the application and order for hearing by registered or certified mail to the last known address of each of the persons; the notice to be mailed at least 12 days prior to the date of the hearing. Notice of the hearing and a general statement of the purpose shall be published at least once in a newspaper of common circulation in the town where the property described in the application is situated at least two days before the date of the hearing, and a similar notice shall be posted in a public place at least 12 days before the hearing. Upon compliance by the applicant with the foregoing provisions for notice, the Board shall hear the applicant and all parties interested on the question of approval of the site or sites and shall consider and determine whether in the public interest the application ought to be granted. Whenever the Board makes an order granting or denying a certificate of approval of an airport, or a restricted landing area, approval to use or operate an airport or a restricted landing area or other air navigation facility, an aggrieved person may have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure.
  5. In determining whether it shall issue a certificate of approval for the location of any proposed airport or restricted landing area, the Board shall take into consideration the Agency's recommendations, the proposed facility's location, size, and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, existence of suitable areas for expansion purposes, absence of hazardous obstructions in adjoining areas based on a proper glide ratio, the nature of the terrain comprising the airport location and adjoining areas, the nature of the uses to which the proposed airport or restricted landing area will be put and the possibilities for future development, and shall determine that the use will serve the public interest.
  6. Prior to the beginning of aeronautics operations on the site approved, the owner of the site shall apply to the Board for operational approval of the airport. In granting operational approval, the Board shall take into consideration the Agency's recommendations, the length, width, and smoothness of landing strips, longitudinal and transverse grade of the strips, freedom of the usable area from hazardous soil and surface conditions, absence of hazardous obstructions in approach zones, establishment of a suitable wind direction indicator, and other matters pertinent to the character of operations proposed to be undertaken at the subject airport, and shall determine that the proposed use of the site will serve the public interest.
  7. Unless determined otherwise by the Board, the hearing provisions of subsection (d) of this section shall not apply to helicopter landing areas, ultralight landing areas, and restricted landing areas designed for personal use.
  8. In emergency circumstances, the Agency may suspend temporarily, and in nonemergency circumstances, the Board may revoke both temporarily and permanently any certificate of approval when it shall determine that an airport, restricted landing area, or other air navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules adopted. A person aggrieved by a temporary suspension issued by the Agency may appeal to the Board within 30 days after the Agency's decision. Unless otherwise ordered by the Board, the temporary suspension shall remain in effect pending final determination of the appeal.
  9. The provisions of subsections (e) to (g) of this section, inclusive, shall not apply to any airport, restricted landing area, or other air navigation facility owned and operated by an agency of the federal government within this State.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 4; 1995, No. 60 , §§ 29, 30, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18a, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 21; 2017, No. 113 (Adj. Sess.), § 6.

History

2011. Redesignated subsec. (b) to be new section 207a.

Revision note - Substituted "subsection (d) of this section" for "subsection (d)" in subsec. (g) and "subsections (e) to (g) of this section" for "subsections (e) to (g)" in subsec. (i) to conform references to V.S.A. style.

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "that" for "which" preceding "were being operated".

Subsec. (h): Substituted "adopted" for "promulgated" following "and the rules" in the first sentence, and "after" for "of" following "30 days" in the second sentence.

Amendments--1997 (Adj. Sess.). Substituted "Board" for "Agency" throughout the section; in subsec. (d), deleted "appeal to the board" and added in its place "have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Rules of Civil Procedure"; in subsecs. (e) and (f), added "the agency's recommendations" after "consideration", in subsec. (h), inserted "In emergency circumstances" and "in nonemergency circumstances" and deleted "issued by it" after "approval" in the first sentence and substituted the last two sentences for "Initial review of temporary suspension by the agency shall be by the Board".

Amendments--1995 (Adj. Sess.) Subsec. (e): Substituted "Agency" for "Board" preceding "shall take" and "the proposed facility's" for "its proposed" following "consideration".

Amendments--1995 Subsec. (d): Rewrote the former third sentence as the third and fourth sentences and inserted "or certified" following "registered" in the fifth sentence.

Subsec. (g): Substituted "determined" for "recommended" preceding "otherwise".

Amendments--1993 (Adj. Sess.) Subsec. (a): Substituted "Agency" for "Board" preceding "is authorized" and following "adopted by the" in the first sentence.

Subsec. (b): Deleted "a member of the Board" preceding "authorized" in the second sentence.

Subsec. (c): Substituted "Agency" for "Board" preceding "before" in the first sentence, deleted "with a copy to the Board" following "Agency" in the second sentence, and substituted "Agency" for "Board" following "issued by the" in the third sentence.

Prior law. 5 V.S.A. § 10.

Cross References

Cross references. Penalties, see § 212 of this title.

§ 207a. Carrying and inspection of airman license.

The federal license, certificate, or permit shall be kept in the personal possession of the airman when operating within this State and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which there is a landing. The federal aircraft license, certificate, or permit must be carried in every aircraft operating in this State at all times and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which it shall land.

Added 1985, No. 222 (Adj. Sess.), § 2.; amended 2017, No. 113 (Adj. Sess.), § 7; 2019, No. 14 , § 5, eff. April 30, 2019.

History

2011. Redesignated from former § 207(b) of this title.

Amendments--2019 Substituted "there is a landing" for "it shall land" at the end of the first sentence.

Amendments--2017 (Adj. Sess.). Inserted "or" preceding "employee of the Agency" and substituted "it shall land" for "there is a landing" following "State upon which" in the first sentence, and inserted "an" preceding "authorized official" in the second sentence.

Prior law. 5 V.S.A. § 10(d), as redesignated in the 1972 replacement volume from former 5 V.S.A. § 9(d).

§ 208. Inspection.

To carry out the provisions of this part, the Board or any of its members; the Secretary or officers or employees of the Agency; and any State or municipal officers charged with the duty of enforcing this part may inspect and examine at reasonable hours any premises, and the buildings and other structures, where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on.

Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 8.

History

Amendments--2017 (Adj. Sess.). Substituted "of its members" for "member", inserted "or" preceding "employees of the Agency", and inserted "officers" preceding "charged with the duty".

Prior law. 5 V.S.A. § 12.

§ 209. Payment for acquisition of land.

Whenever the Agency approves the expenditure of monies in connection with the acquisition of property for airport, landing field, or landing strip purposes in accordance with the provisions of this part, or in reimbursing local governmental units or the federal government for the State's share of the cost of the acquisition, the Agency shall issue to the Commissioner of Finance and Management a certificate setting forth the sum so approved and the person, firm, corporation, or governmental unit to which it is payable, and the Commissioner of Finance and Management shall issue a warrant for the payment of the sum named in the certificate.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Revision note. References to "Commissioner of Finance" changed to "Commissioner of Finance and Management" which is consistent with 3 V.S.A. § 2281.

Prior law. 5 V.S.A. § 17.

§ 210. Disposition of fees.

All fees specified in the preceding sections shall be collected by the Agency and forthwith paid into the State Treasury and credited to the Transportation Fund.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 18.

§ 211. Appropriation from taxes on aircraft fuel.

Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel and aviation gasoline, shall be expended under the direction of the Agency exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies, including to provide:

  1. navigational aids to airmen;
  2. marking, lighting, removal, or elimination of obstructions or hazards to flight; and
  3. for the improvement of landing areas or facilities that are permanently established for the public use of aircraft.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 35, eff. Jan. 1, 2019.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Prior law. 5 V.S.A. § 19.

§ 212. Penalty.

A person who violates a provision of this chapter, or a rule or order issued pursuant to this chapter, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 20.

Subchapter 2. Abandoned Aircraft

§ 221. Definitions.

As used in this subchapter:

  1. "Airport manager" means the owner of an airport in this State or an agent authorized to act on behalf of an airport owner.
  2. "Storage operator" means a person who stores an aircraft or aircraft component at the request of an airport manager.

    Added 2017, No. 158 (Adj. Sess.), § 10.

§ 222. Abandoned aircraft; authority to take custody, remove, and store; notice of intent; limitation on liability.

  1. Subject to subsection (b) of this section, an airport manager who discovers an aircraft or aircraft component apparently abandoned, or an aircraft without a currently effective federal registration certificate, on the property of the airport has authority to:
    1. take custody of the aircraft or component;
    2. arrange for the aircraft or component to be secured and stored at its current location or to be removed and stored elsewhere.
    1. As used in this subsection, a "notice of intent" shall include: (b) (1)  As used in this subsection, a "notice of intent" shall include:
      1. a statement of the airport manager's intent to exercise authority under subsection (a) of this section and of the owner's responsibility for reasonable charges under this subchapter;
      2. the make and the factory or identification number of the aircraft or aircraft component;
      3. the current location of the aircraft or aircraft component and the planned location for its storage; and
      4. the aircraft registration number, if any.
    2. At least 60 days prior to exercising the authority granted in subsection (a) of this section, the airport manager shall:
      1. Attempt to provide a notice of intent to the owner and to the lienholder, if any, of the aircraft or aircraft component. If the address of the last place of residence of the owner or lienholder of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration's aircraft registry, the airport manager shall send the notice of intent by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(A) if the manager posts the notice of intent on the aircraft or aircraft component.
      2. Send a written notice of intent to the Secretary.
  2. The Secretary shall place on file notices of intent received under subdivision (b)(2)(B) of this section and, upon request, make the notices available for public inspection and copying.
  3. Except in the case of intentionally inflicted damages, an airport manager who takes custody of an aircraft or aircraft component or an airport manager or storage operator who arranges for the removal or storage of an aircraft or aircraft component under this subchapter shall not be liable to the owner or lienholder for any damages to the aircraft or aircraft component incurred while it was in the manager's custody or during its removal or storage.

    Added 2017, No. 158 (Adj. Sess.), § 10.

§ 223. Lien; right to contest costs.

  1. If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred thereafter by an airport manager or a storage operator in carrying out the provisions of this subchapter shall be a lien on the aircraft or aircraft component held by the person who incurred the costs.
  2. In exercising rights under section 224 or 226 of this title, the owner or lienholder may contest the reasonableness and necessity of the costs by bringing an action before the Transportation Board.

    Added 2017, No. 158 (Adj. Sess.), § 10.

§ 224. Right of owner to reclaim.

The owner or lienholder of an aircraft or aircraft component stored under this subchapter may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding costs described in section 223 of this title.

Added 2017, No. 158 (Adj. Sess.), § 10.

§ 225. Sale authorized; notice of proposed sale.

  1. If the owner or lienholder has not reclaimed the aircraft or aircraft component after the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requirements of subsection (b) of this section, the airport manager may sell the aircraft or aircraft component in a commercially reasonable manner as described in 9A V.S.A. § 9-610 (disposition of collateral after default).
    1. The notice of proposed sale required in this subsection shall include: (b) (1)  The notice of proposed sale required in this subsection shall include:
      1. the make and the factory or identification number of the aircraft or aircraft component;
      2. the aircraft registration number, if any;
      3. contact information for the person from whom the owner or lienholder may reclaim the aircraft or aircraft component pursuant to section 224 of this title; and
      4. the date and location of the proposed sale.
    2. At least 14 days before a sale under this section, the airport manager shall:
      1. if the value of the aircraft or aircraft component exceeds $1,000.00, publish the notice of proposed sale in a media outlet of general circulation in the municipality; and
      2. if the address of the last place of residence of the owner or the lienholder, if any, of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration's aircraft registry, send the notice of proposed sale by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(B) if the manager posts the notice on the aircraft or aircraft component.

        Added 2017, No. 158 (Adj. Sess.), § 10.

§ 226. Application of proceeds.

The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within one year from the date of the sale. If the owner or lienholder does not claim the balance within one year, the airport manager shall retain the proceeds.

Added 2017, No. 158 (Adj. Sess.), § 10.

CHAPTER 11. AIR COMMERCE

Sec.

§§ 301-320. Repealed. 1995, No. 60, § 31, eff. April 25, 1995.

History

Former §§ 301-320. Former §§ 301-320, relating to air commerce, were derived from 1985, No. 222 (Adj. Sess.), § 2.

CHAPTER 13. OPERATION OF AIRCRAFT

Subchapter 1. General Provisions

§ 401. Repealed. 1997, No. 150 (Adj. Sess.), § 4(3).

History

Former § 401. Former § 401, relating to sovereignty in space, was derived from 1985, No. 222 (Adj. Sess.), § 2.

§ 402. Ownership of space.

The ownership of the space above the lands and waters of this State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 403 of this title.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 142.

§ 403. Lawful and unlawful flight; landing.

Flight in aircraft over the lands and waters of this State is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner, or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without consent, or where there has been no airport, heliport, restricted landing area, or seaport established in accordance with the provisions of this title is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airman shall be liable as provided in section 479 of this title.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 143.

Cross References

Cross references. Penalties, see § 483 of this title.

§ 404. Contractual and other legal relations.

Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 144.

§ 405. Crimes, torts, and other wrongs.

A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages occasioned by or to an aircraft while in flight over this State constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the law of this State.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 145.

Annotations From Former § 145

1. Application.

Where a claim of negligence relating to an aircraft accident was asserted in an action under the Federal Torts Claims Act, since the accident occurred in Vermont, the claim of negligence must be measured by the law of Vermont. Ross v. United States, 365 F. Supp. 1138 (D. Vt. 1972), aff'd, 486 F.2d 1396 (2d Cir. 1973).

Subchapter 2. Restrictions

§ 421. Minimum altitudes for operation.

Except when necessary for take-off or landing, or by special permission of the Agency, no person shall operate an aircraft below the following altitudes:

  1. An altitude which will permit, in the event of the failure of a power unit, an emergency landing without undue hazard to persons or property on the surface.
  2. Over congested areas of cities or towns, or over an open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft.
  3. An altitude of 500 feet above the surface, except over open water or sparsely populated areas.  In this event, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 181.

Cross References

Cross references. Crop spraying or dusting, see § 426 of this title.

§ 422. Penalty for violation.

A person who violates a provision of section 421 of this title shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 182.

§ 423. Diversion from normal flight; careless operation.

  1. An aircraft shall not be diverted from a normal flight nor engage in acrobatic maneuvers nor be so operated as to diminish the stability and safety of the aircraft when the aircraft is over a thickly settled portion of a town, city, or village or over a place where a celebration, game, or contest is being held, or over a place where a failure of the aircraft might cause personal injury or damage to property, or under 1,500 feet, unless by special permission of the Federal Aviation Administration and the Agency.
  2. No person shall operate an aircraft in a careless or negligent manner so as to endanger the life or property of others.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 183.

Cross References

Cross references. Penalties, see § 483 of this title.

§ 424. Repealed. 1997, No. 150 (Adj. Sess.), § 4(4).

History

Former § 424. Former § 424, relating to dropping objects or jumping from aircraft, was added by 1985, No. 222 (Adj. Sess.), § 2.

§ 425. Killing birds or animals.

While in flight within this State, an airman or passenger who intentionally kills or attempts to kill a bird or animal shall be fined not more than $50.00 or imprisoned for not more than 60 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 185.

§ 426. Helicopters; aircraft engaged in crop spraying or dusting.

The Agency may adopt rules necessary to regulate the operation in flight of helicopters, or of aircraft engaged in crop spraying or dusting. The provisions of section 421 of this title shall not apply to these rules.

Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23 , § 69.

History

Amendments--2015. Substituted "adopt" for "promulgate" preceding "rules necessary" in the first sentence.

Prior law. 5 V.S.A. § 186.

§ 427. Operating under influence of liquor or drugs; penalty; revocation of right.

  1. No person shall operate or attempt to operate an aircraft or serve as a member of a crew while under the influence of alcohol or any habit-forming drug.
  2. A person who violates a provision of subsection (a) of this section shall be fined not less than $100.00 nor more than $1,000.00, or, if he or she is the operator of the aircraft, may be imprisoned for not more than two years, or both.
  3. [Repealed.]

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 4(c); 2017, No. 83 , § 161(1).

History

Amendments--2017. Subsec. (a): Substituted "alcohol" for "intoxicating liquor" following "influence of".

Amendments--1997 (Adj. Sess.). Repealed subsec. (c), requiring revocation of the right to operate aircraft upon conviction for operating under the influence of liquor or drugs.

Prior law. 5 V.S.A. § 187.

§ 428. Reporting an aircraft.

A person who demands money or any other thing of value or a benefit for himself or another as a condition for disclosing the location of an aircraft which has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imprisoned not more than 90 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

2011. Rewrote section heading.

Prior law. 5 V.S.A. § 188.

Subchapter 3. Accidents and Liability for Injury

§ 476. Reports of accidents.

  1. The operator of an aircraft involved in an accident or incident on a State-owned airport resulting in personal injury or damage to property shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall state as accurately as possible the time, place, and cause of the accident, the injuries, and whatever other information the Agency may require. For purposes of this subsection, "accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or injury, or in which the aircraft or personal property owned by any person is damaged, and "incident" means an occurrence other than an accident associated with the operation of an aircraft which affects or could affect the safety of operations.
  2. The operator of an aircraft involved in an accident or incident, other than on a State-owned airport, that requires reporting to the National Transportation Safety Board under federal law shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall contain the same information as a report for an accident occurring on a State-owned airport. For purposes of this subsection, "accident" and "incident" shall have the same meaning as in 49 C.F.R. § 830.5.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 2.

History

Amendments--1997 (Adj. Sess.). Subsec. (a): Designated the former provisions as subsec. (a); substituted the first sentence for the former first sentence which provided for reporting of aircraft accidents; deleted "give a detailed statement, under oath, and shall" following "The report shall" in the second sentence; and added the last sentence.

Subsec. (b): Added.

Prior law. 5 V.S.A. § 221.

Cross References

Cross references. Fine for demand of reward for disclosure of location of crashed or missing aircraft, see § 428 of this title.

Penalties, see § 483 of this title.

§ 477. Removal of wrecks.

  1. No aircraft or part of an aircraft involved in an accident in this State resulting in serious or fatal injuries or in such damage as to render the aircraft not airworthy shall be moved or disturbed except when:
    1. necessary to give assistance to persons injured or trapped in the wreckage;
    2. necessary in the interest of public safety;
    3. specific permission has been granted by an authorized representative of the Agency;
    4. prompt movement of the aircraft is necessary to protect it from further serious damage and it is impossible to communicate with any person authorized in subdivision (3) of this section to direct the removal of the wreckage; or
    5. the aircraft involved in an accident is a public aircraft.
  2. Notwithstanding the foregoing, the operator of the aircraft shall promptly remove it from the accident site after all on-site rescue and investigatory processes are completed.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 3.

History

Amendments--1997 (Adj. Sess.). Designated the existing provisions as subsec. (a), substituted "not airworthy" for "unairworthy" in the introductory paragraph, and added subsec. (b).

Prior law. 5 V.S.A. § 222.

Cross References

Cross references. Penalties, see § 483 of this title.

§ 478. Minimum disturbance in movement; record of original condition.

Any movement of the aircraft or any part of the aircraft under section 477 of this title shall be so accomplished as to result in the minimum possible disturbance of the material concerned. Prior to movement, a record of the original position and condition of the wreckage shall be made as completely and accurately as possible under the circumstances, unless the danger to public safety is such as to permit no delay, or unless an authorized representative of the Agency has directed otherwise.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 223.

§ 479. Liability of owner of aircraft for injuries.

The owner of an aircraft which is operated over the lands or waters of this State is liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft or the dropping or falling of an object from an aircraft, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. However, the owner or lessee shall not be responsible when the aircraft causing injury or damage is taken without the knowledge or permission of the owner or lessee.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 224.

Cross References

Cross references. Liability for forced landings, see § 403 of this title.

Lien for damages, see § 481 of this title.

§ 480. Liability of airman not owner or lessee.

An airman who is not the owner or lessee shall be liable for the consequences of his or her own negligence.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 225.

§ 481. Lien for damages.

The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damages caused by the aircraft or objects falling from it when the owner or lessee is liable for the damages.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 226.

§ 482. Determination of liability.

The liability of the owner of one aircraft to the owner of another aircraft or to airmen or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 227.

Cross References

Cross references. Laws governing torts generally, see § 405 of this title.

§ 483. Penalties.

A person who violates a provision of this chapter, unless some other penalty is specifically provided, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 229.

§ 484. Secretary as attorney for service of process.

The acceptance by a person of the rights and privileges conferred upon him or her by this part of this title, as evidenced by his or her operating, or causing to be operated, an aircraft in this State, shall be deemed equivalent to an appointment by the person of the Secretary or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against the person growing out of any accident or collision in which the person may be involved while operating or causing to be operated an aircraft in this State. That acceptance shall be deemed to be the agreement of the person that any process against him or her which is so served upon the Secretary shall be of the same validity as if served on the person personally.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 230.

§ 485. Service on Secretary; mailing copies; fees.

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

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 231.

§ 486. Continuances; costs.

The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee provided in section 485 of this title shall be taxed in the plaintiff's costs, if he or she prevails in the suit.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 232.

CHAPTER 15. AIRPORTS AND AIR NAVIGATION FACILITIES

Cross References

Cross references. Airport zoning, see § 1001 et seq. of this title.

Regulation of motor vehicles at State airports, see 23 V.S.A. § 1008a.

Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

Subchapter 1. Municipal Airports

§ 601. Joint acquisition and operation; lease.

One or more municipalities may individually or jointly acquire real property by purchase, lease, or condemnation for the purposes of this subchapter. They may establish, construct, equip, maintain, and operate an airport, landing field, or air navigation facility and may lease or sublet the same for a term of not more than 20 years.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 291.

Cross References

Cross references. Condemnation procedure, see § 651 et seq. of this title.

§ 602. Resolution; joint committee.

The resolution providing for such action shall be adopted by the legislative body of the municipality or municipalities, as defined in 24 V.S.A. § 2001 . If there is more than one municipality, they shall create an intermunicipal committee as their joint agent to be at all times composed of members of each of the bodies to acquire necessary real property, in the name of the municipalities jointly, and to have charge of the construction, equipment, maintenance, and operation of the airport or landing field.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 292.

§ 603. Details of resolution.

The resolution may specify matters as to which the action of the committee shall require the joint approval of the bodies. It shall also prescribe the proportions of the cost of the project to be borne by the municipalities respectively. The monies to pay the share to be borne by each municipality may be provided in the manner prescribed by this subchapter.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 293.

Cross References

Cross references. Funding, see § 606 of this title.

§ 604. Extension of boundaries; abandonment; location.

The resolution may be amended from time to time with the concurrence of each of the bodies, and the boundaries of the airport or landing place may be extended or the project abandoned in like manner at any time. A joint airport or landing place established under this subchapter shall be within the county in which the municipalities or one of them is located.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 294.

§ 605. Single municipality; adjacent state.

A single municipality may direct an appropriate officer, board, or body to acquire or lease real property or may set apart and use real property owned by the municipality which, in the judgment of its legislative body, is not needed for any other public use, whether originally acquired by condemnation or purchase. The site for an airport or landing field must be approved by the legislative body. Sections 601-604 of this title shall apply to a single municipality as well as to two or more municipalities, provided that the legislative body of each municipality shall provide for the action by resolution. A municipality of this State is authorized to join with a municipality of an adjacent state for the purpose of this subchapter in which instance the provisions of this subchapter shall apply except as to acquisition of property in an adjacent state by condemnation proceedings.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 295.

§ 606. Vote; income; issuance of notes or bonds.

An airport or landing field shall not be established or constructed, or equipped, maintained, or improved from time to time by a municipality, acting either singly or jointly with one or more other municipalities, unless and until a proposition therefor fixing the maximum amount which may be expended thereunder by such municipality for such establishment, construction, equipment, or improvement has been submitted to an annual or special meeting of the municipality and adopted by a majority vote of the qualified voters voting thereon. A municipality may use and expend all income derived from the operation of such airport or landing field for maintenance and upkeep thereof and pledge its credit and issue notes or bonds for the purposes of this subchapter in accordance with the provisions of the general law or the charter applicable to such municipality.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 296.

Annotations From Former § 296

1. Approval by voters of expenditure of moneys.

The voters of a municipality were required to authorize the maximum amount to be expended for construction and development of airport even though part of the money was raised by private means and given to the municipality. 1962-64 Op. Atty. Gen. 171.

The voters of a municipality were required to authorize the maximum amount to be expended for airport improvements, even though the money required was raised by private means and given to the municipality. 1962-64 Op. Atty. Gen. 327.

§ 607. Acquisition by federal government.

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

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 297.

§ 608. Relations with federal government.

Municipalities of this State owning or operating a municipal airport are hereby empowered to:

  1. accept grants, loans, and assistance subject to Agency approval from the federal government for the construction, repair, improvement, and development of airport properties owned by the municipality or municipalities;
  2. cooperate with and contract in the name of the municipality or municipalities with the United States in reference to the construction, maintenance, development, or control of airport properties;
  3. contract with the federal government in reference to the future development, use, or maintenance of airport properties;
  4. match federal funds to the extent provided by federal law and grant relocation assistance and payments in the instances and on the conditions set forth by federal law and regulations when federal funds are available to provide relocation assistance and payments to persons displaced as a result of federal and federally assisted programs.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 298.

Subchapter 2. Condemnation Proceedings for Airports

Cross References

Cross references. Establishment of municipal airports generally, see § 601 et seq. of this title.

§ 651. Exercise of right of eminent domain.

The Agency or a town, city, or village which is authorized, in accordance with the provisions of this part of this title or special legislation, to acquire, maintain, and operate an airport, landing field, or air navigation facility, or two or more municipalities which are authorized, whenever it is necessary to acquire property within this State or some easement or other right in property in order that it may render adequate service to the public in the operation of an airport, landing field, or air navigation facility may acquire by eminent domain in the manner provided in this subchapter such property or right either within or outside its territorial limits, or both, as provided by legislation, for the construction, establishment, enlargement, or improvement of an airport, landing field, or air navigation facility.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 331.

§ 652. Superior Court.

The Secretary of Transportation or the legislative body of a municipality, as defined in 24 V.S.A. § 2001 , or the committee representing two or more municipalities, when authorized by vote of their legislative bodies, may proceed in Superior Court as provided in 19 V.S.A. chapter 5, except as otherwise provided in this subchapter.

Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 126 (Adj. Sess.), § 4.

History

Amendments--2011 (Adj. Sess.). Deleted "petition to" preceding "Superior Court" in the section heading, and substituted "proceed in Superior Court as provided in" for "petition a superior judge as provided in".

Prior law. 5 V.S.A. § 332.

§ 653. Findings and compensation.

Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that "necessity" shall mean a reasonable need in order that the petitioner may render adequate service to the public in the operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 334.

Cross References

Cross references. Allegations in petition for taking of property devoted to public use, see § 655 of this title.

§ 654. Repealed. 2011, No. 126 (Adj. Sess.), § 5.

History

Former § 654. Former § 654, relating to answer in airport condemnation proceedings, was derived from 1985, No. 222 (Adj. Sess.), § 2.

§ 655. Property devoted to public use.

Property or a right in property which is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements whereby an obligation exists to refund or replace the monies so expended or contributed, shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 337.

Subchapter 3. State Aid to Municipalities Generally

Cross References

Cross references. State aid for land acquisition, see § 751 et seq. of this title.

State aid for repair, maintenance, and improvement of facilities, see § 771 et seq. of this title.

§ 691. Grants by State.

For the purpose of developing adequate air facilities for this State through assistance to municipalities in the acquirement, construction, expansion, enlargement, or improvement of an airport in this State, the Secretary is authorized to grant from available appropriations to a municipality a sum not exceeding three-fifths of the sum of the local matching funds required to support funds granted by the federal government. However, for the construction, expansion, enlargement, or improvement of airports sponsored by the State of Vermont in conjunction with the federal government, the amount of State funds may match as necessary the sum granted by the federal government.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 371.

Annotations From Former § 371

1. Approval of project by voters of municipality.

Funds appropriated by the legislature for construction and development of air navigational facilities at a municipality did not become available unless the voters of that municipality authorized construction of such facilities pursuant to former section 296 of the title (now § 606). 1962-64 Op. Atty. Gen. 327.

Funds raised privately and donated to a municipality for its share of the cost of airport improvements authorized by the section could not be accepted by municipal officials for use on the improvements without approval of the voters of municipality as required by former section 296 of the title (now § 606). 1962-64 Op. Atty. Gen. 327.

2. Advancement of state funds.

When a municipality submitted a "request for aid" to develop an airport project approved by the aeronautics board, to the federal aviation agency, and federal funds had been allocated to the project, the board had authority to advance state airport funds to the municipality to assure the prompt submission of engineering plans and specifications upon which construction bids could be based. 1966-68 Op. Atty. Gen. 187.

§ 692. Proportion to federal funds.

In the event that funds appropriated for the purposes of this subchapter are insufficient to meet the proportion of matching funds specified in this section for the federal grant to a municipality for that project, the Secretary is authorized to execute grants to municipalities in the proportion that the total funds provided, for that fiscal year, will bear to the total of federal airport funds allocated to municipalities within the State for that fiscal year.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 372.

§ 693. Conditions.

A municipality receiving grants from the State of Vermont shall meet such conditions as the Secretary:

  1. may establish with respect to maintenance and continued use of the subject airport site for aeronautical purposes; and
  2. shall establish in order to require the municipality to assist the State in identifying vendors that distribute, sell, or use aircraft jet fuel in the State in connection with the airport.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 39.

History

Amendments--2017 (Adj. Sess.). Added subdiv. (1) designation and subdiv. (2).

Prior law. 5 V.S.A. § 373.

§ 694. Application.

Subject to the provisions of section 695 of this title, a municipality may apply to the Secretary for funds provided for the purposes of this subchapter when the municipality has received a tentative allocation of federal airport funds for a project. Upon approval of the application by the Secretary, the funds provided under terms of this subchapter will be allocated to the municipality and held for a reasonable time.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 374.

§ 695. Federal assistance.

A municipality may petition the Secretary to serve as its agent to accept, receive, account for, and disburse all funds granted by the United States for an airport project. If the Secretary agrees to serve as agent, the municipality shall enter into an agreement with the Secretary prescribing the terms and conditions of the agency relationship in accordance with any applicable federal or State laws or regulations.

Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 62 , § 18.

History

Amendments--2011. Section amended generally.

Prior law. 5 V.S.A. § 375.

Annotations From Former § 375

1. Depository for funds.

The state treasurer had authority to act as a depository for federal and municipal funds incidental to projects which came within the subchapter. 1946-48 Op. Atty. Gen. 362.

§ 696. Payment.

Following inspection and audit of costs allowable under terms of the Federal Airport Act and amendments to that act, funds shall be payable upon application by the municipality at the times designated by the Secretary, but in no case shall the total amount of State funds granted to a municipality under provisions of this section exceed the amount approved by the Secretary under section 694 of this title.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Reference in text. The Federal Airport Act, referred to in this section, which was codified as 49 U.S.C. § 1101 et seq., was repealed by Public Law 91-528, Title I, § 52(a), 84 Stat. 235, effective June 30, 1970. The current program, the Airport Improvement Program, is codified as 49 U.S.C. § 47101 et seq.

Prior law. 5 V.S.A. § 376.

§ 697. Responsibility, title, and maintenance on completion of project.

Upon completion of the project, title to, responsibility for, and maintenance of the airport shall rest with the municipality.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 377.

Subchapter 4. State Aid for Land Acquisition

Cross References

Cross references. State aid for acquisition, construction, or improvement of airports, see § 691 et seq. of this title.

State aid for repair, maintenance, and improvement of facilities, see § 771 et seq. of this title.

§ 751. Policy of State.

To provide for the orderly development of air facilities in this State and to cooperate with the national government by making available sites for airports, landing fields, air navigation facilities, and landing strips necessary for defense against an attack by sea or air, it is hereby declared to be the policy of this State to assist cities and towns or groups of cities and towns in the selection and acquisition of sites for development or expansion of airports, landing fields, and landing strips.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 411.

§ 752. Use of appropriations.

No part of an appropriation provided for the purposes of sections 751-754 of this title shall be used for any purpose except for purchase of land or rights in land for airports, landing fields, and landing strips and for the payment of costs incidental to acquisition of land or rights in land.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Revision note. For purposes of clarity, deleted a comma following "sections 751-754 of this title".

Prior law. 5 V.S.A. § 412.

§ 753. Matching local funds.

Money from the appropriation shall be used to match, dollar for dollar, money appropriated, raised, or contributed by a local governmental unit, city or town, or by a combination of units for the purchase of lands or rights in land for airport, landing field, air navigation facilities, or landing strip purposes. Variation of the above formula for State participation shall be permitted only in case of a site urgently needed by the air force or the national guard, and then only with unanimous consent of the Governor and the Emergency Board.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 413.

§ 754. Title; taxation.

Title to land purchased in conformity with sections 751-753 of this title shall vest entirely in the State, jointly in the State and the local governmental units, or entirely in the local governmental units as in each case is most proper. Land so acquired shall not be taxable, but when the title vests in the State or when the title is held jointly by the State and a town or towns, and the site is located in a different town or when the title vests in one or more towns and the site exists in a different town, then the holders of the title shall make an annual payment, instead of taxes, to the town in which the site is located of a sum equal to the tax otherwise assessed on the land alone.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 414.

Annotations From Former § 414

1. Scope of exemption.

The tax exemption granted by the section did not extend to buildings constructed on the land. 1956-58 Op. Atty. Gen. 206.

2. Duration of exemption.

Any and all lands purchased pursuant to the subchapter would continue to be exempt indefinitely from regular local taxation, irrespective of the expiration of V.S. 1947, § 659, and the exemption would apply to so much of any airport land as was purchased under the subchapter. 1956-58 Op. Atty. Gen. 206.

Subchapter 5. State Aid to Municipal and Private Air Navigation Facilities; Restricted Landing Areas

Cross References

Cross references. State aid for acquisition, construction, or improvement of airports, see § 691 et seq. of this title.

State aid for land acquisition, see § 751 et seq. of this title.

§ 771. State aid for repair, maintenance, and improvement.

The Secretary is authorized to render financial assistance in the repair, maintenance, and improvement of municipal and privately owned air navigation facilities.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 452.

§ 772. Lease of land for restricted landing areas.

For the purpose of further development of an adequate system of air navigation facilities, the Secretary is authorized to lease in the name of the State areas of land suitable to the development of restricted landing areas, together with adequate area for appurtenant buildings and access roads.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 453.

§ 773. Rules.

The Secretary is authorized to adopt rules governing the provisions of this subchapter.

Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23 , § 70.

History

Amendments--2015. Substituted "adopt" for "promulgate" preceding "rules governing".

Prior law. 5 V.S.A. § 454.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 774. Funds.

Funds appropriated for purposes enumerated in section 691 of this title may, at the discretion of the Secretary, be used for the purpose of this subchapter.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 455.

Subchapter 6. State Air Navigation Facilities

Cross References

Cross references. Municipal facilities, see § 601 et seq. of this title.

§ 801. Establishment of air navigation facilities.

When it is determined by the Secretary that aeronautic development and safety in this State will be furthered, the Agency is authorized to establish, acquire, own, and operate air navigational facilities including radio air navigational aids the operation of which has been discontinued by federal, municipal, or private agencies, or when the Agency has been notified by proper authorities that radio air navigational aid will be discontinued.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 492.

Annotations From Former § 492

1. Authority to establish facilities generally.

The board could establish air navigational facilities which included airports and restricted landing areas upon public waters as well as land. 1962-64 Op. Atty. Gen. 348.

2. Necessity for hearings.

There was no requirement that the board hold a hearing before establishing an airport or restricted landing area. 1962-64 Op. Atty. Gen. 348.

§ 802. Establishment or acquisition of radio air navigational aid.

In establishing or acquiring a radio air navigational aid, the Agency shall determine the degree to which its operation will further the safety of air navigation within its effective range and the degree to which this purpose might be served by other operating aids, if any, in the vicinity.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 493.

§ 803. Lease and operation of radio air navigational aid.

As an alternative to acquiring and owning an existing radio air navigational aid, the Agency is authorized at its discretion to lease and operate such a facility if the purposes of safety and economy will be equally served.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 494.

§ 804. Acquisition of airports.

For the purposes of establishing a permanent system of airports within the State, the Secretary, with the approval of the Governor and the General Assembly, may acquire title by agreement or condemnation to an airport which has been discontinued by the owner as an air navigational facility. The title to the airport may be acquired by lease for the purpose of continuing its use as an airport open to the public.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 495.

§ 805. Acquisition of areas for safe approaches.

The Agency may acquire control by lease or agreement of an area extending from the end of each runway and of such dimensions as are deemed necessary to provide safe approaches.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 496.

§ 806. Improvements.

After acquiring title to an airport, the Agency may make such improvements as are deemed essential to its use by the public. Improvements may include access roads or rights-of-way, buildings, grading, marking and seeding of runways, and routine airport maintenance.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

2017. In the second sentence, deleted ", but are not limited to," following "include" in accordance with 2013, No. 5 , § 4.

Prior law. 5 V.S.A. § 497.

§ 807. Lease for aircraft hangars and other structures; lease to business entities.

  1. A designated area or areas on the airport may be leased to a person for the purpose of constructing aircraft hangars, repair shops, or other structures compatible with the use and operation of the airport.
  2. A designated area or areas on the airport may also be leased to any business entity consistent with Federal Aviation Administration requirements.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 108 (Adj. Sess.), § 3, eff. April 25, 2018.

History

Amendments--2017 (Adj. Sess.). Added "; lease to business entities" following "structures" in the section heading, added the subsec. (a) designation, and added subsec. (b).

Prior law. 5 V.S.A. § 498.

§ 808. Maintenance of airports.

The Secretary shall be responsible for the maintenance of the airport in a manner consistent with its anticipated type of use by the public. According to its location and traffic needs and available appropriations, the airport may be held open to the public continuously or closed for such seasons or annual periods as the Secretary deems advisable.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 499.

§ 809. Personnel and equipment.

Employees may be retained for management and maintenance purposes as are required for one or more State-controlled airports. Equipment for proper maintenance of airports may be purchased and suitably housed.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 500.

CHAPTER 17. AIRPORT ZONING

Sec.

Cross References

Cross references. Acquisition, construction, maintenance, and improvement of airports and air navigation facilities, see § 601 et seq. of this title.

Municipal and regional planning and development generally, see 24 V.S.A. § 4301 et seq.

Annotations From Former §§ 551-571

1. Construction .

The chapter was permissive in character, and if a municipality did not zone under its provisions, air rights, navigation easements, or other estate or interest in property or nonconforming structures or uses could still be obtained in accordance with former section 570 of the title (now § 1019). Town of Bennington v. Vail, 117 Vt. 395, 92 A.2d 467 (1952).

§ 1001. Short title.

This chapter shall be known and may be cited as the "Airport Zoning Act."

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 551.

§ 1002. Airport zoning commission.

Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted. The commission shall make a preliminary report and hold public hearings before submitting its final report. The legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of the Commission. When a municipal planning commission or regional planning commission already exists, it may be appointed as the airport zoning commission.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 553.

§ 1003. Joint zoning board; powers.

If an airport hazard area appertaining to an airport is located outside the territorial limits of the political subdivision which owns or controls the airport, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, by ordinance or resolution adopted, may create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by section 1004 of this title in the political subdivision within which the area is located. Each joint board shall comprise three representatives of the political subdivision(s) in which the airport is located and two representatives of the political subdivision controlling the airport. The political subdivision in which an airport hazard area is located shall have two representatives. The members of the joint board so constituted shall by majority elect a chair from their number.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

2014. In the fourth sentence, substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 5 V.S.A. § 554.

§ 1004. Zoning regulations generally.

Any political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed in this chapter airport zoning regulations for an airport hazard area, which regulations may divide the area into zones. Within the zones, the subdivision may specify the land uses permitted and regulate and restrict the height to which airport hazards may be erected or allowed to grow.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 555.

Cross References

Cross references. Effect of conflict between airport zoning regulations and other regulations, see § 1006 of this title.

Nonconforming uses, see § 1010 of this title.

Procedure for adoption or amendment of zoning regulations, see § 1007 of this title.

Recording of regulations, see § 1008 of this title.

§ 1005. Incorporation in comprehensive zoning regulations.

In the event that a political subdivision adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the comprehensive zoning regulations, and be administered and enforced.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 556.

§ 1006. Conflict with other regulations.

In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 557.

§ 1007. Adoption or amendment of airport zoning regulations.

Airport zoning regulations shall not be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in section 1003 of this title, after a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in a paper of general circulation in the political subdivision in which is located the airport hazard area to be zoned.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 558.

§ 1008. Record and notice of regulations.

The regulations, or any amendments to the regulations, shall be recorded in the office of the clerk of each city and town in which any portion of the land to which the regulations apply is located. Notice that the regulations or amendments have been adopted shall be sent by registered mail to the owner of every parcel of land to any portion of which the regulations or amendments are applicable. For the purposes of this provision, the person to whom the land was assessed in the last preceding annual tax levy shall be addressed in the same manner as the notice of the tax, unless a different owner or a different address is known to be the correct one. The notice shall also be given by posting in one or more public places in each city and town in which any portion of the land subject to the regulation is located, a map of the area subject to the regulations with sufficient explanation to give the public and the owners of land reasonable notice of the adoption of the regulations or amendments.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 559.

§ 1009. Nature of regulations.

All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is to be put and adaptable.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 560.

§ 1010. Existing nonconforming use.

Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 1013 of this title.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 561.

Cross References

Cross references. Variances, see §§ 1012 and 1013 of this title.

§ 1011. Permits as to structures.

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

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 562.

Cross References

Cross references. Conditional permits or variance, see § 1013 of this title.

§ 1012. Variance from regulations.

A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the Board of Adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. However, any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to accomplish the purposes of this chapter.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 563.

§ 1013. Conditional permit or variance.

In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may so condition the permit or variance as to require the owner of the airport hazard in question to permit the political subdivision, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 564.

Cross References

Cross references. Nonconforming uses, see § 1010 of this title.

§ 1014. Administrative agency.

All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency which may be an agency created by the regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall the administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include hearing and deciding all permits under section 1011 of this title, but the agency shall not have or exercise any of the powers delegated by this chapter to the board of adjustment.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 565.

Cross References

Cross references. Enforcement of regulations, see § 1018 of this title.

§ 1015. Appeals to board of adjustment.

  1. A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of the administrative agency is an improper application of airport zoning regulations of concern to the governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of the administrative agency.
  2. An appeal taken under this section shall be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board a notice of appeal specifying the grounds.  The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.
  3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay in its opinion would cause imminent peril to life or property.  In such cases, proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.
  4. The board shall fix a reasonable time for the hearing of appeals, give public notice and notice to the parties in interest, and render a decision within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
  5. In conformity with the provisions of this chapter, the board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as required, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 566.

Cross References

Cross references. Appeals to Superior Court, see § 1017 of this title.

§ 1016. Powers of board of adjustment.

  1. All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers:
    1. to hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 1015 of this title;
    2. to hear and decide any special exceptions to the terms of the airport zoning regulations upon which the Board may be required to pass under the regulations;
    3. to hear and decide specific variances under section 1012 of this title.
  2. Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment.  Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
  3. The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in the regulations.
  4. The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public.  The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this fact. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2013, No. 161 (Adj. Sess.), § 72.

History

2014. In subsec. (d), in the second and third sentences, substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 5 V.S.A. § 567.

§ 1017. Appeals to Superior Court.

  1. Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, which is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision.  The petition shall specify the grounds for review.  It shall be presented to the court within 30 days after the decision is filed in the office of the board.
  2. Upon presentation of the petition, the court may review the decision of the board.  The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.
  3. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies or of portions of copies which may be called for by the court.
  4. The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment.
  5. In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land.

    Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 568.

Cross References

Cross references. Appeals to and decisions of boards of adjustment, see § 1015 of this title.

ANNOTATIONS

Cited. State v. Madison, 163 Vt. 390, 659 A.2d 124 (1995).

§ 1018. Violations.

The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement. The court shall grant to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to accomplish the purposes of this chapter and of the rules adopted and orders and rulings made pursuant to this chapter.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 569.

§ 1019. Condemnation, appeals.

  1. The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be necessary, by purchase or grant or condemnation in the manner provided under 24 V.S.A. §§ 2805-2812 in any case in which:
    1. it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
    2. the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
    3. to accomplish the purpose of this chapter, it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
  2. If the adoption of airport zoning regulations in itself constitutes the taking of the property, or of rights in property, of any person, he or she may recover for the taking from the city or town in which the airport to which the regulations relate is situated, by petition filed in the Superior Court within two years from the time when the regulations were recorded, as provided in section 1008 of this title.  If the owner of property so taken has applied for a variance within one year after the regulations were recorded, and his or her application is in whole or in part denied, he or she may file a petition for damages within one year after the mailing to him or her of a notice of the denial of his or her application, or within two years after the recording of the regulations, whichever period ends later.
  3. If any corporation, subject to regulation as a public service corporation pursuant to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title, is aggrieved by the adoption of airport zoning regulations, or by a direction to lower, remove, reconstruct, or equip a structure, or by taking of its property or rights in property, or by refusal to grant a variance permit, within 30 days after the adoption, direction, taking, or refusal, the corporation may appeal to the Public Utility Commission or the Transportation Board, as appropriate, and if after notice and a hearing, the appropriate Commission or Board determines that the public safety, necessity, and convenience will be best served by the amendment or annulment of the regulation, direction, or taking, it may order the regulation, direction, or taking to be amended or annulled, or may grant a variance permit as prescribed in sections 1011-1013 of this title.

    Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9.

History

Reference in text. The reference in subsec. (c) to parts 3 or 4 of this title as it relates to a corporation subject to regulation as a railroad is incorrect. Railroads are subject to regulation pursuant to part 4 of this title.

2017. In subsec. (c), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--2107 (Adj. Sess.). Subsec. (c): Substituted "part" for "parts" preceding "3 or 4 of this title"; and substituted "Commission or Board" for "board" following "appropriate".

Prior law. 5 V.S.A. § 570.

Cross References

Cross references. Procedure for condemnation, see § 651 et seq. of this title.

Procedure for variances, see § 1012 of this title.

§ 1020. Penalties.

A person who violates a provision of this chapter or any regulation, order, or ruling promulgated or made pursuant to this chapter shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.

Added 1985, No. 222 (Adj. Sess.), § 2.

History

Prior law. 5 V.S.A. § 571.

PART 3 Surface Transportation

History

Legislative intent. 1985, No. 224 (Adj. Sess.), § 9, provided: "It is the intent of the legislature to recodify certain provisions of law relating to surface transportation by virtue of this act. It is not the intent to substantially revise existing law and practice with regard to transportation companies subject to this act."

Cross References

Cross references. Highways, see Title 19.

Motor vehicles, see Title 23.

CHAPTER 20. AGENCY OF TRANSPORTATION; POWERS

Sec.

Cross References

Cross references. Public transportation, see 24 V.S.A. § 5081 et seq.

§ 1601. Agency of Transportation; powers.

  1. The Agency of Transportation shall supervise and direct the execution of all laws and Transportation Board orders relating to public transportation corporations and firms and individuals engaged in this business, including the:
    1. formation, organization, ownership, and acquisition of facilities of corporations under chapter 22 of this title;
    2. supervision and evaluation under chapter 24 of this title of the quality of service of public transportation companies;
    3. review of proposed changes in rate schedules and petitions to the Transportation Board, and, at the discretion of the Secretary, representation of the interests of the consuming public in proceedings to change rate schedules of transportation companies under chapter 24 of this title;
    4. consolidations and mergers of public transportation corporations under chapter 26 of this part of this title.
  2. In cases requiring hearings by the Board, the Secretary of Transportation or his or her designee shall represent the interests of the public unless otherwise specified by law.  In any hearing, the Board may, if it determines that the public interest would be served, request the Attorney General or a member of the Vermont Bar to represent the public or the State.
  3. The Agency may bring proceedings on its own motion before the Transportation Board with respect to any matter within the jurisdiction of the Board, and may initiate rulemaking proceedings on matters within its jurisdiction.  The Transportation Board, with respect to any matter within its jurisdiction, may issue orders on its own motion and may initiate rulemaking proceedings.

    Added 1985, No. 224 (Adj. Sess.), § 1.

History

Reference in text. Chapter 22 of this title, referred to in subdiv. (a)(1), was repealed by 1993, No. 172 (Adj. Sess.), § 67(1).

Chapter 26 of this title, referred to in subdiv. (a)(4), was repealed by 1993, 172 (Adj. Sess.), § 67(4).

Prior law. 30 V.S.A. § 203(b).

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

CHAPTER 22. TRANSPORTATION COMPANIES, OTHER THAN RAILROADS; FORMATION, FINANCING

Sec.

Cross References

Cross references. Corporations generally, see 11A V.S.A. § 1.01 et seq.

§§ 1701-1711. Repealed. 1993, No. 172 (Adj. Sess.), § 67(1).

History

Former §§ 1701-1711. Former §§ 1701-1711, relating to the formation and financing of transportation companies other than railroads, was derived from 1985, No. 224 (Adj. Sess.), § 1.

CHAPTER 24. POWERS AND DUTIES OF BOARD AND AGENCY AS TO COMPANIES OTHER THAN RAILROADS AND AIRCRAFT

Sec.

§ 1801. Definitions.

As used in this chapter, the word "company" or "corporation" means and includes individuals, partnerships, associations, and corporations, owning or conducting any transportation business or property, other than railroads and aircraft which are covered by the provisions of this chapter.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 201.

§ 1802. Jurisdiction over certain transportation companies by the Agency of Transportation and the Transportation Board.

The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State, their directors, receivers, trustees, lessees, or other persons or companies owning or operating the companies and of all plants, lines, terminals, facilities, and equipment of the companies used in or about the business carried on by them in this State. This jurisdiction shall be exercised by the Board and the Agency so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Board and the Agency may, when they deem the public good requires, examine the plants, lines, terminals, facilities, and equipment of the companies subject to their jurisdiction under this chapter. The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State:

  1. a company owning or operating motor vehicles used as common carriers;
  2. a company owning or operating a ferry; and
  3. a company owning or operating an express business.

    Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 203.

Cross References

Cross references. General powers of Board, see § 1808 of this title.

§ 1803. Organization; reports of transportation corporations.

Immediately upon the delivery of its articles of association to the Secretary of State, a corporation subject to supervision under this chapter shall file a copy of its articles with the Agency of Transportation and a copy of its certificate of paid-up capital stock, if any. The corporation shall also immediately after its organization forward to the Agency of Transportation a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, individual, or company, other than a corporation which is subject to supervision under this chapter, shall file with the Agency a written statement giving the location, nature, and extent of the business, together with the post office address of the owner or owners, business manager, and other officials.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 203.

Cross References

Cross references. Furnishing of information as to financial conditions of companies, see § 1805 of this title.

Reporting of accidents, see § 1806 of this title.

§ 1804. Duty to furnish copies of contracts.

At the request of the Agency of Transportation, a corporation subject to supervision under this chapter shall submit to the Agency for its approval certified copies of contracts entered into after July 1, 1986, between the corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning ten percent or more of the voting capital stock of the corporation subject to supervision, or with any other corporation which is itself owned or controlled by an individual, partnership, association, trust, or corporation so holding, controlling, or owning ten percent or more of the voting capital stock of the corporation subject to supervision.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Revision note. Substituted "July 1, 1986" for "the effective date of this act" following "entered into after" for purposes of clarity.

Prior law. 30 V.S.A. § 205.

§ 1805. Information to be furnished to the Agency of Transportation.

On request by the Agency of Transportation, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Agency information concerning the condition, operation, management, expense of maintenance and operation, rates charged for service or for product, contracts, obligations, and financial standing of the company. It shall also inform the Agency of the salaries of, the pensions, option, or benefit programs affecting, and the expenses reimbursed to, its officers or directors, or both. The information shall be open to public inspection at reasonable times and any person shall be entitled to copies of the information. Information obtained for use by the Agency in a particular instance and designated proprietary shall not be made public, except in the discretion of the Agency.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 206.

§ 1806. Report of accidents; investigation.

The superintendent or manager of any transportation company subject to supervision under this chapter shall notify the Agency by telephone or wire and subsequently in writing of any accident within this State, immediately after its occurrence, which results in loss of life or injury to any person which shall incapacitate him or her from engaging in his or her usual vocations. The Agency shall inquire into the cause of every accident about which it is notified, and if, in its judgment, a public investigation is necessary, it shall fix a time and place for holding an investigation, and shall proceed as provided in provisions of law relating to investigation of accidents upon railroads.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 207.

§ 1807. Complaints; investigations; procedure.

A complaint to the Transportation Board may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five individuals are affected, then any one of them. The complainant may bring his or her complaint directly before the Board or may file his or her complaint with the Agency of Transportation which shall investigate the complaint and if sufficient cause exists, shall prosecute the complaint in the name of the State. Upon request of the trustees of an incorporated village or the selectboard members or city council or upon its own motion, the Agency of Transportation may institute investigations regarding the price, toll, rate, or rental charged by any company.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

2014. In the third sentence, substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 30 V.S.A. § 208.

Cross References

Cross references. Penalties, see § 1830 of this title.

Proceedings before board, see § 1809 of this title.

§ 1808. Jurisdiction of Transportation Board; general scope.

On notice, the Board shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation owning or operating any plant, line, or property subject to supervision under this chapter, and shall have like jurisdiction in all matters respecting:

  1. the quantity or quality of any service furnished or sold by any company subject to supervision under this chapter, and may prescribe the equipment for and standard of service;
  2. the manner of operating and conducting any business subject to supervision under this chapter so as to be reasonable and expedient and to promote the safety, convenience, and accommodation of the public;
  3. the price, toll, rate, or rental charged by any company subject to supervision under this chapter when unreasonable or in violation of law;
  4. the sufficiency and maintenance of proper systems, plants, lines, terminals, facilities, and equipment when the public safety and welfare require; and
  5. the restraint of any company subject to supervision under this chapter from violations of law, unjust discriminations, usurpation, or extortion.

    Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 5.

History

Amendments--1993 (Adj. Sess.) Deleted former subdiv. (2), redesignated former subdivs. (3) and (4) as subdivs. (2) and (3), redesignated former subdiv. (5) as subdiv. (4) and added "and" following "require" in that subdiv., redesignated former subdiv. (6) as subdiv. (5) and deleted "and" following "extortion" in that subdiv., and deleted former subdiv. (7).

Prior law. 30 V.S.A. § 209.

Cross References

Cross references. Regulation of rates and accounting systems, see §§ 1810 and 1813 of this title.

Rulemaking authority of Agency and Board relative to motor carrier safety standards, see § 2101 of this title.

§ 1809. Prosecution of cases before Board.

The Secretary of Transportation or his or her designee shall represent the public at a Board hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Board is required by law. In any proceeding, the Board may request the appearance of the Attorney General or appoint a member of the Vermont Bar to represent the interests of the public or State.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 217.

§ 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 such 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.

History

Prior law. 30 V.S.A. § 218.

§ 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.

History

Prior law. 30 V.S.A. § 219.

Cross References

Cross references. Penalties, see § 1830 of this title.

Rebates, see §§ 1818 and 1819 of this title.

Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

§ 1812. Repealed. 1993, No. 172 (Adj. Sess.), § 67(2).

History

Former § 1812. Former § 1812, relating to forms and orders, was derived from 1985, No. 224 (Adj. Sess.), § 1.

§ 1813. Exceptions.

Companies under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records which would conflict with any requirement of the federal commission or agency.

Added 1985, No. 224 (Adj. Sess.), § 1.

History

Prior law. 30 V.S.A. § 222.

§§ 1814-1816. Repealed. 1993, No. 172 (Adj. Sess.), § 67(3).

History

Former §§ 1814-1816. Former §§ 1814-1816, relating to rate schedules, changes, and suspensions were derived from 1985, No. 224 (Adj. Sess.), § 1.

§ 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.

History

Prior law. 30 V.S.A. § 228.

§ 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.

History

Reference in text. The "Act to Regulate Commerce", referred to in this section, was the Interstate Commerce Act, which was codified as Subtitle IV of Title 49, 49 U.S.C. § 10101 et seq. Subtitle IV was generally amended by Pub. L. 104-88, the ICC Termination Act of 1995.

Prior law. 30 V.S.A. § 229.

Cross References

Cross references. General rate requirements, see § 1810 of this title.

Penalties for special rates or rebates, see § 1819 of this title.

Penalties generally, see § 1830 of this title.

§ 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.

History

Prior law. 30 V.S.A. § 230.

Cross References

Cross references. Penalties generally, see § 1830 of this title.

§ 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 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.

History

Prior law. 30 V.S.A. § 236.

§ 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.

History

Prior law. 30 V.S.A. § 237.

§ 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.

History

Prior law. 30 V.S.A. § 238.

Cross References

Cross references. General supervisory powers of Transportation Board over common carriers, see § 1829 of this title.

Regulatory power of Commissioner of Motor Vehicles, see § 1827 of this title.

Rulemaking authority of Agency and Board relative to motor carrier safety standards, see § 2101 of this title.

Safe operation generally, see § 1828 of this title.

§ 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 which 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.

History

Prior law. 30 V.S.A. § 239.

Cross References

Cross references. Abandonment of service, see § 1829 of this title.

Penalties, see § 1830 of this title.

Regulatory powers of Commissioner of Motor Vehicles, see § 1827 of this title.

Annotations From Former 30 V.S.A. § 239

1. Construction.

The legislature intended to limit the use of the public highways of the state by common carriers to such operations as would promote the general good of the state, irrespective of the effect of such a limitation on competition. In re James, 99 Vt. 265, 132 A. 40 (1926).

2. Nature of certificate.

A certificate of public good for operation as a common carrier is a franchise and is a property right. In re Hathorn's Transportation Co., 121 Vt. 349, 158 A.2d 464 (1960).

3. Revocation of certificate.

The holder of certificate or franchise had no power to cancel it, since the power to revoke was vested only in commission. In re Hathorn's Transportation Co., 121 Vt. 349, 158 A.2d 464 (1960).

A public hearing was necessary to revoke a certificate in the same manner as it was necessary to issue a new certificate, or to amend one which was in effect. In re Hathorn's Transportation Co., 121 Vt. 349, 158 A.2d 464 (1960).

4. Sale or transfer of certificate.

Approval of the commission was necessary before a certificate of public good could be sold or assigned, because the commission was given the power to revoke or amend the certificate just as it was given the power to issue an original certificate. In re Hathorn's Transportation Co., 121 Vt. 349, 158 A.2d 464 (1960).

§ 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.

History

Prior law. 30 V.S.A. § 240.

Cross References

Cross references. Display of certificate, see § 1826 of this title.

Annotations From Former 30 V.S.A. § 240

1. Notice and hearing.

A certificate of public good could not be issued without advertising and public hearing. In re Hathorn's Transportation Co., 121 Vt. 349, 158 A.2d 464 (1960).

§ 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.

§ 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.

History

Prior law. 30 V.S.A. § 241.

§ 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.

History

Prior law. 30 V.S.A. § 242.

§ 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.

History

Prior law. 30 V.S.A. § 243.

Cross References

Cross references. Jurisdiction of Transportation Board over common carriers generally, see § 1822 of this title.

§ 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.

History

Prior law. 30 V.S.A. § 245.

§ 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.

History

Amendments--1993 (Adj. Sess.) Substituted "given 30 days' notice to the Transportation Board and the Agency of Transportation" for "secured approval of the Board" following "first having" in the second sentence.

Prior law. 30 V.S.A. § 246.

Cross References

Cross references. Jurisdiction of Transportation Board generally, see § 1822 of this title.

§ 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.

History

Prior law. 30 V.S.A. § 247.

CHAPTER 26. CONSOLIDATION OR MERGER OF CORPORATIONS UNDER JURISDICTION OF BOARD

Sec.

§§ 1901-1911. Repealed. 1993, No. 172 (Adj. Sess.), § 67(4).

History

Former §§ 1901-1911. Former §§ 1901-1911, relating to the consolidation or merger of corporations under the jurisdiction of the Transportation Board, were derived from 1985, No. 224 (Adj. Sess.), § 1.

CHAPTER 28. TRANSPORTATION OF HAZARDOUS MATERIALS

Sec.

Cross References

Cross references. Transportation of hazardous wastes generally, see 10 V.S.A. § 6607.

§ 2001. Transportation of hazardous materials.

  1. The Secretary of Transportation is authorized to promote safety in the transportation of hazardous materials by all modes of transportation, and furthermore:
    1. Is authorized to make rules, under 3 V.S.A. chapter 25, governing transportation of hazardous materials. As used in this section, "hazardous materials" means those substances or materials in such quantity and form that may pose an unreasonable risk to health and safety or property when transported in commerce by all modes. For purposes of this section, hazardous materials includes explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. These rules shall be no less protective of public safety than the rules promulgated by the federal government with respect to the transportation of hazardous materials but no rule shall prohibit a person between 18 to 21 years of age from operating a motor vehicle transporting hazardous materials.
    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 promulgated by the federal government that apply to transportation in Vermont.
  2. It shall be unlawful for any person to violate any of the rules promulgated by the Secretary under this section.
  3. Any person who violates these rules shall be subject to a penalty of not more than $1,000.00. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation.
  4. Notwithstanding any other provision of this chapter or other law whether general, special, or local, violations of any rules promulgated 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 .
  5. With respect to the transportation of radioactive materials, nothing in this section shall be construed to abrogate or affect the provisions of any other federal or state statute or local ordinance, regulation, or resolution that are more restrictive than or that supersede the provisions of this section or rules adopted pursuant to this section.
  6. The regulations promulgated by the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation contained in Parts 100-199 of Title 49 of the Code of Federal Regulations revised as of October 1, 2007, and any amendment or addition to these regulations, and the regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in Parts 390-397 of Title 49 of the Code of Federal Regulations, revised as of October 1, 2008, and any amendment or addition to these regulations and any provisions of any other regulations regarding the transportation of hazardous materials adopted by a federal agency may be adopted by the Secretary of Transportation.

    Added 1985, No. 224 (Adj. Sess.), § 1; amended 1987, No. 112 , § 3; 1987, No. 241 (Adj. Sess.), § 10; amended 1989, No. 58 ; 1989, No. 182 (Adj. Sess.), § 1, eff. May 16, 1990; 1991, No. 193 (Adj. Sess.), § 1, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 8; 2009, No. 152 (Adj. Sess.), § 10; 2017, No. 113 (Adj. Sess.), § 9a.

History

2017. In subdiv. (a)(1), deleted ", but are not limited to," following "include" in the third sentence in accordance with 2013, No. 5 , § 4.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(1): Substituted "As used in this section, 'hazardous materials' means" for "Hazardous materials are" at the beginning of the second sentence, "that" for "which" preceding "may pose" in the second sentence, "includes" for "may include" preceding "explosives" in the third sentence, and "18 to 21 years of age" for "the ages of 18 to 21" following "between" in the last sentence.

Amendments--2009 (Adj. Sess.) Subsec. (d): Substituted "4 V.S.A. § 1105." for "23 V.S.A. § 2303".

Subsec. (f): Substituted "Pipeline and Hazardous Materials Safety Administration" for "Materials Transportation Bureau of the", "Parts 100-199" for "Parts 170-189", "October 1, 2007' for "December 31, 1976", "Federal Motor Carrier Safety Administration" for "Bureau of Motor Carrier Safety, Federal Highway Administration" and "October 1, 2008" for "October 1, 1976".

Amendments--1993 (Adj. Sess.) Subsec. (a): Deleted "the agency of" following "secretary of" and "with the approval of the transportation board" preceding "is authorized" in the introductory paragraph.

Amendments--1991 (Adj. Sess.) Subsec. (c): Amended generally.

Subsec. (d): Deleted "uniform" preceding "traffic", deleted "summons and" thereafter, inserted "supreme" preceding "court", deleted "administrator" thereafter and substituted " § 2303" for " § 2203" following "23 V.S.A."

Amendments--1989 (Adj. Sess.) Subsec. (a): Deleted "and in motor carrier safety standards" preceding "and furthermore" in the introductory paragraph, deleted former subdiv. (2) and redesignated former subdivs. (3) and (4) as subdivs. (2) and (3), respectively.

Subsec. (c): Substituted "$500.00" for "one thousand dollars" and "$1,000.00" for "two thousand five hundred dollars" in the first sentence and added the second sentence.

Amendments--1989 Subsec. (a): Added a new subdiv. (2) and redesignated former subdivs. (2) and (3) as subdivs. (3) and (4), respectively.

Amendments--1987 (Adj. Sess.) Subsec. (a): Inserted "and in motor carrier safety standards" preceding "and furthermore" in the introductory paragraph.

Amendments--1987 Subsec. (d): Substituted "court administrator" for "commissioner of motor vehicles" following "prescribed by the".

Prior law. 3 V.S.A. § 3116a.

Cross References

Cross references. Transportation of radioactive materials, see § 2003 of this title.

§ 2002. Repealed. 1989, No. 252 (Adj. Sess.), § 28(a).

History

Former § 2002. Former § 2002, relating to the hazardous materials committee, was derived from 1985, No. 224 (Adj. Sess.), § 1 and amended by 1987, No. 76 , § 18.

Prior law. 3 V.S.A. § 3117.

§ 2003. Transportation of radioactive materials; preferred routes.

  1. 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.
  2. 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.

History

Amendments--1993 (Adj. Sess.) Subsec. (a): Deleted "the agency of" following "secretary of", "the transportation board" following "health" and "the department of" preceding "public safety" in the first sentence.

Prior law. 19 V.S.A. § 50.

Cross References

Cross references. Transportation of hazardous materials, see § 2001 of this title.

CHAPTER 29. MOTOR CARRIER SAFETY STANDARDS

Sec.

Cross References

Cross references. Powers of Agency of Transportation generally, see § 1601 of this title.

§ 2101. Motor carrier safety standard rules.

  1. The Secretary of Transportation is authorized to promote safety in motor carrier safety standards, and furthermore:
    1. Is authorized to make 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 which apply to transportation in Vermont.
  2. It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.
  3. Any person who violates these rules shall be subject to a penalty of not more than $1,000.00.
  4. 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 .
  5. The regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in parts 40, 350, 360, 365, 372, 381-383, 385-388, 390-397, and 399 of Title 49 of the Code of Federal Regulations, 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.

History

Amendments--2009 (Adj. Sess.) Subsec. (d): Substituted "4 V.S.A. § 1105" for "23 V.S.A. § 2303".

Subsec. (e): Inserted "Federal" preceding "Motor Carrier" and "40" preceding "350", and substituted "385-388" for "386-388" and "October 1, 2008" for "October 1, 2002".

Amendments--2003. Subsec. (e): Deleted "Bureau of" preceding "Motor Carrier" and "Federal Highway" preceding "Administration", inserted "350, 360, 365, 372, 381-383, 386-388" following "parts", and substituted "2002" for "1988" following "October 1".

Amendments--1993 (Adj. Sess.) Subsec. (a): Deleted "the agency of" following "secretary of" and "with the approval of the transportation board" preceding "is authorized" in the introductory paragraph.

Amendments--1991 (Adj. Sess.) Subdiv. (a)(1): Substituted "penalties" for "fines" following "possible" and "violation" for "offense" following "seriousness of the" in the second sentence.

Subsec. (c): Amended generally.

Subsec. (d): Deleted "uniform" preceding "traffic", deleted "summons and" thereafter, inserted "supreme" preceding "court", deleted "administrator" thereafter, and substituted " § 2303" for " § 2203" following "23 V.S.A."

Cross References

Cross references. Jurisdiction of Transportation Board generally, see § 1808 of this title.

Jurisdiction of Transportation Board over common carriers, see § 1822 of this title.

Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

PART 4 Railroads

History

Reclassification of chapters 31-50 of Title 30 as chapters 60-70 of Title 5. 1995, No. 60 , § 37, eff. April 25, 1995, provided for the reclassification of chapters 31-50 of Title 30 as chapters 60-70 of Title 5.

With legislative approval, references in text to sections and chapters reclassified under Title 5 have been revised to reflect the new designations of those sections and chapters.

Tables indicating disposition of recodified sections are set out following this title.

Sections of Title 30 repealed prior to the recodification were not recodified in Title 5, and the derivations of those repealed sections are as follows:

Section 808, relating to extension of railroad tracks, was derived from V.S. 1947, § 9320; P.L. § 6081; G.L. § 5052, and 1917, No. 151 and was repealed by 1995, No. 60 , § 30(1).

Section 809, relating to railroad accounts and returns, was derived from V.S. 1947, § 9321; P.L. § 6082; G.L. § 5053; P.S. § 4613; 1906, No. 126 , § 25; V.S. § 3994; 1886, No. 23 , § 13; R.L. § 3484, and 1876, No. 26 , §§ 1, 2 and was repealed by 1995, No. 60 , § 30(2).

Section 810, relating to a biennial report of the Railroad Board to the General Assembly, was derived from V.S. 1947, § 9322; P.L. § 6083; G.L. § 5054; 1917, No. 147 , § 1; 1908, No. 116 , § 15; P.S. § 4614; 1906, No. 126 , § 26; V.S. § 3996; 1886, No. 23 , § 11; R.L. § 3482; 1870, No. 1 , §§ 14, 15; 1870, No. 4 , § 2; G.S. 28, §§ 121, 122; 1856, No. 30 , § 3; 1856, No. 64 , § 1, and 1855, No. 26 , §§ 3, 5 and was repealed by 1995, No. 60 , § 30(3).

Sections 901-917, relating to incorporation of railroads, were derived from 1957, No. 53 ; V.S. 1947, §§ 9427-9443; P.L. §§ 6145-6161; 1947, No. 202 , §§ 9567-9569, 9572; 1947, No. 175 , §§ 1-9; 1943, No. 119 , § 1; 1929, Nos. 86; 88, § 3; G.L. §§ 5081-5097; 1917, No. 254 , §§ 4971, 4973, 4975; P.S. §§ 4336-4342, 4344-4352, 4356; 1906, No. 118 , §§ 1-4; V.S. §§ 3751-3756, 3758-3765, 3767, 3771; R.L. §§ 3307-3312, 3314-3321, 3323, 3327; 1878, No. 100 ; 1874, No. 24 ; 1872, No. 2 , §§ 1-5, 8-11; G.S. 28, § 4; 1849, No. 41 , § 8, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1993, No. 172 (Adj. Sess.), § 67(6).

Sections 1001-1036, relating to the organization of railroad corporations, were derived from 1953, No. 112 , §§ 1, 2; V.S. 1947, §§ 9444-9449, 9451-9479; P.L. §§ 6162-6167, 6169-6197; 1923, No. 93 , § 1; G.L. §§ 5098-5133; 1917, No. 254 , § 4976, 4981, 4998; P.S. §§ 4259, 4343, 4353, 4355-4358, 4360-4386, 4388-4391; V.S. §§ 3757, 3774, 3775, 3768, 3770-3773, 3776, 3778-3795, 3797-3801, 3803-3806; 1894, No. 90 , §§ 1-3; 1892, No. 64 , §§ 1, 2; 1892, No. 62 ; R.L. §§ 3313, 3324, 3326-3351, 3353; 1882, No. 35 , § 2; 1878, No. 99 ; 1878, No. 96 ; 1872, No. 31 ; 1872, No. 2 , § 4; G.S. 28, §§ 3-10, 12, 71, 93, 95-99, 101, 102; 1869, No. 14 , § 1-3; 1860, No. 39 ; 1856, No. 29 ; 1854, No. 28 , §§ 6, 8, 9; 1851, No. 58 ; 1850, No. 49 , §§ 1-3; 1849, No. 41 , §§ 4-11, 63, 64, amended by 1963, No. 37 , § 18, and repealed by 1993, No. 172 (Adj. Sess.), § 67(7).

Sections 1101-1108, relating to the consolidation and merger of railroad corporations, were derived from V.S. 1947, §§ 9684-9691; 1947, No. 202 , § 9818; P.L. §§ 6399-6406; and 1921, No. 147 , §§ 1-7 and were repealed by 1993, No. 172 (Adj. Sess.), § 67(8).

Sections 1151-1155, relating to changing the name of a railroad corporation, were derived from V.S. 1947, §§ 9693-9697; P.L. §§ 6408-6412; and 1919, No. 130 , §§ 1-5 and were repealed by 1993, No. 172 (Adj. Sess.), § 67(9).

Sections 1201-1248, relating to trustees, receivers and foreclosure proceedings in the context of railroad corporations, were derived from V.S. 1947, §§ 9636-9683; 1947, No. 202 , §§ 9762, 9772, 9773, 9784, 9787, 9807, 9813, 9814; 1943, No. 120 , § 1; P.L. §§ 6358-6398; 1929, No. 88 , §§ 4, 5; G.L. §§ 5305-5340; P.S. §§ 4555-4590; 1906, No. 118 , §§ 34-40; V.S. §§ 3941-3976; 1890, No. 23 , §§ 1-3; 1886, No. 21 , §§ 1, 2; 1882, No. 35 , §§ 1, 3; R.L. §§ 3453-3480; 1880, No. 73 ; 1878, No. 98 ; G.S. 28, §§ 103-110, 112-118; 1866, No. 13 ; 1864, Nos. 53, 54; 1858, No. 33 , §§ 1-4; 1857, No. 17 , §§ 1-3; 1857, No. 16 , § 1; 1857, No. 15 , §§ 1-7, 10; 1854, No. 29 , § 1. G.S. 28, §§ 103-110, 112-118, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and 1973, No. 193 (Adj. Sess.), § 3. and repealed by 1993, No. 172 (Adj. Sess.), § 67(10).

Section 1304, relating to proceedings to settle disputes over water use between an owner and a railroad corporation, was derived from V.S. 1947, § 9483; P.L. § 6201; G.L. § 5137; P.S. § 4395; 1906, No. 118 , § 5; V.S. § 3811; R.L. § 3356; G.S. 28, §§ 13, 15; 1851, No. 49 , § 5; 1849, No. 41 , §§ 12, 13, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and was repealed by 1993, No. 172 (Adj. Sess.), § 67(11).

Section 1521, relating to the structure of railroad bridges, was derived from 1951, No. 198 ; V.S. 1947, § 9553; 1937, No. 168 , § 1; P.L. § 6272; 1919, No. 132 ; G.L. § 5204; 1910, No. 152 ; P.S. § 4462; 1904, No. 91 , § 1; V.S. § 3883; 1892, No. 63 , § 1; 1886, No. 114 , § 1; R.L. § 3418; 1880, No. 72 ; 1872, No. 34 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 246 (Adj. Sess.), § 28.

Section 1522, relating to the construction of the highway bridge in the village of Proctor, was derived from V.S. 1947, § 9554; P.L. § 6273; G.L. § 5205; 1917, No. 152 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(12).

Section 1523, relating to the construction of the overpass in the village of Norwich, was derived from V.S. 1947, § 9555; P.L. § 6274; G.L. § 5206; 1917, No. 153 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(13).

Section 1524, relating to the placement of telltale warnings on bridges and other structures to alert trainmen of their approach thereto, was derived from V.S. 1947, § 9556; P.L. § 6275; G.L. § 5207; P.S. § 4463; 1904, No. 92 , § 1; V.S. § 3884; 1892, No. 65 ; 1886, No. 114 , § 2, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(14).

Section 1525, relating to the placement of blocks in frogs, switches and guardrails for the safety of railroad employees, was derived from V.S. 1947, § 9557; P.L. § 6276; G.L. § 5208; P.S. § 4464; V.S. § 3885, and 1888, No. 22 and was repealed by 1995, No. 60 , § 38.

Section 1526, relating to ladders and steps on train cars, was derived from V.S. 1947, § 9558; P.L. § 6277; G.L. § 5209; P.S. § 4465; R. 1906, § 4321; V.S. § 3886; R.L. § 3419, and 1872, No. 34 , § 2 and was repealed by 1995, No. 60 , § 38.

Section 1527, relating to liability and penalties for failure to comply with former §§ 1523-1526 of this title, was derived from V.S. 1947, § 9559; P.L. § 6278; G.L. § 5210; P.S. § 4466; V.S. § 3887; R.L. § 3420, and 1872, No. 34 , § 3 and was repealed by 1995, No. 60 , § 38.

Section 1528, relating to the testing of boilers, was derived from V.S. 1947, § 9560; P.L. § 6279; G.L. § 5211; 1910, No. 149 , amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(15).

Section 1529, providing a penalty for failure to test a boiler in accordance with the provisions of former § 1528 of this title, was derived from V.S. 1947, § 9561; P.L. § 6280; G.L. § 5212; 1910, No. 149 , amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(16).

Section 1530, which defined the term "regular station," was derived from V.S. 1947, § 9562; P.L. § 6281; G.L. § 5213; P.S. § 4468; V.S. § 3889; 1886, No. 22 , § 3 and was repealed by 1989, No. 172 (Adj. Sess.), § 67(17).

Section 1531, relating to the location and maintenance of railroad depots and station houses, was derived from V.S. 1947, § 9563; 1947, No. 202 , § 9695; P.L. § 6282; G.L. § 5214; P.S. § 4469; 1906, No. 118 , § 24; V.S. § 3890; 1884, No. 49 ; R.L. § 3422; 1869, No. 15 , § 2, amended by 1959, No. 329 (Adj. Sess.), § 39(b). and repealed by 1989, No. 172 (Adj. Sess.), § 67(18).

Section 1532, relating to abandonment, discontinuance or diminishing accommodations of a railroad station or depot which had been established for five or more years, was derived from V.S. 1947, § 9564; P.L. § 6283; G.L. § 5215; P.S. § 4470; 1906, No. 118 , § 25; V.S. § 3891; R.S. § 3423; 1869, No. 15 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and 1973, No. 170 (Adj. Sess.), § 1. and repealed by 1989, No. 172 (Adj. Sess.), § 67(19).

Section 1533, relating to abandonment or discontinuance of a railroad station or depot which had been established for less than five years, was derived from V.S. 1947, § 9565; 1947, No. 202 , § 9697; P.L. § 6284; G.L. § 5216; P.S. § 4471; V.S. § 3892; R.L. § 3424; 1869, No. 15 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and 1973, No. 170 (Adj. Sess.), § 2, and repealed by 1989, No. 172 (Adj. Sess.), § 67(20).

Section 1534, relating to railroad accommodations for livestock, was derived from V.S. 1947, § 9566; P.L. § 6285; G.L. § 5217; P.S. 4472; 1904, No. 96 , § 1 and was repealed by 1989, No. 172 (Adj. Sess.), § 67(21).

Section 1535, relating to shippers' applications for covered yards and running water for its livestock, was derived from V.S. 1947, § 9567; P.L. § 6286; G.L. § 5218; 1908, No. 104 , § 2; P.S. § 4473; 1904, No. 96 , § 2, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(22).

Section 1571, relating to the filing of schedules showing mileage between railroad stations, was derived from V.S. 1947, § 9572; 1947, No. 202 , § 9704; P.L. § 6291; G.L. § 5227; 1912, No. 161 , §§ 1, 2, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(23).

Section 1579, relating to conveyance of United States mail by railroad corporations, was derived from V.S. 1947, § 9580; P.L. § 6299; G.L. § 5237; P.S. § 4492; 1906, No. 118 , § 26; V.S. § 3907; R.L. § 3428; G.S. 28, § 70; 1849, No. 41 , § 55, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(24).

Section 1622, relating to the heating of railroad cars, was derived from V.S. 1947, § 9581; 1947, No. 202 , § 9713; P.L. § 6300; G.L. § 5238; 1915, No. 147 ; P.S. § 4493; 1906, No. 118 , § 27; V.S. § 3908; 1888, No. 23 , amended by 1959, No. 329 (Adj. Sess.), § 39(b) and repealed by 1989, No. 172 (Adj. Sess.), § 67(25).

Section 1623, relating to bell cords and signals on passenger and mixed trains, was derived from V.S. 1947, § 9582; P.L. § 6301; G.L. § 5239; P.S. § 4494; V.S. § 3909; 1892, No. 66 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and was repealed by 1989, No. 172 (Adj. Sess.), § 67(26).

Sections 1624 and 1625 relating to brakes for passenger trains and the penalty for failure to comply with the provisions of former §§ 1622-1625 of Title 30, were derived from V.S. 1947, §§ 9583, 9584; P.L. §§ 6302, 6303; G.L. §§ 5240, 5241; 1908, No. 104 , § 4; P.S. §§ 4495, 4496; V.S. §§ 3910, 3911; 1892, No. 66 , § 2. R.L. §§ 3429, 3430; 1880, No. 70 , §§ 1, 2 and were repealed by 1989, No. 172 (Adj. Sess.), § 67(27).

Section 1626, relating to headlights on locomotives and the penalty for failure to comply with orders regarding the same, was derived from V.S. 1947, § 9585; 1947, No. 202 , § 9717; P.L. § 6304; G.L. § 5242; 1912, No. 160 , §§ 1, 2, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(28).

Section 1627, relating to the equipment of rail motor cars, was derived from 1953, No. 209 , §§ 1, 2 and was repealed by 1989, No. 172 (Adj. Sess.), § 67(29).

Section 1628, relating to the size and construction of vans and cabooses, was derived from V.S. 1947, §§ 9586, 9587; 1947, No. 202 , § 9719; P.L. §§ 6305, 6306; 1923, No. 94 , §§ 1, 2 and was repealed by 1989, No. 172 (Adj. Sess.), § 67(30).

Section 1651, relating to a railroad's operation of motor vehicles for hire, was derived from V.S. 1947, § 9610; P.L. § 6329; 1925, No. 90 , § 1, amended by 1959, No. 329 (Adj. Sess.), § 39(b), and repealed by 1989, No. 172 (Adj. Sess.), § 67(31).

Sections 1801-1813, relating to railroad rates, were derived from V.S. 1947, §§ 9611-9624; 1947, No. 202 , §§ 9744, 9748, 9750-9752; P.L. §§ 6330-6343; G.L. §§ 5279-5292; 1917, No. 155 , § 1; 1915, Nos. 1, § 214, 145; 1912, Nos. 162, § 1, 163; P.S. §§ 4531-4543; 1910, Nos. 153, 154; 1910, No. 147 ; 1908, No. 105 , § 2; Nos. 106, 107; 1906, No. 122 , §§ 1-12, 123, and amended by 1959, No. 329 (Adj. Sess.), § 39(b); 1971, No. 185 (Adj. Sess.), § 215; and 1981, No. 223 (Adj. Sess.) § 23, and repealed by 1993, No. 172 (Adj. Sess.), § 67(32).

Section 1951, relating to State policy regarding acquisition of railroads, was derived from 1973, No. 182 (Adj. Sess.), § 3 and was repealed by 1987, No. 211 (Adj. Sess.), § 2.

CHAPTER 56. INTERCITY RAIL PASSENGER SERVICE

Sec.

§ 3001. Repealed. 2003, No. 56, § 13, eff. June 4, 2003.

History

Former § 3001. Former § 3001, relating to intercity rail service, was derived from 1995, No. 183 (Adj. Sess.), § 6a, eff. May 22, 1996.

§ 3002. Powers of Agency.

  1. 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.
  2. 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.

History

Amendments--2011 (Adj. Sess.). Designated the introductory language as subsec. (a), and therein added "subject to subsection (b) of this section".

Subsec. (b): Added.

Amendments--2003 Substituted "19 V.S.A. § 10e," for "this chapter" in introductory paragraph.

CHAPTER 58. STATE ACQUISITION OF RAILROADS

Sec.

§ 3401. Repealed. 2003, No. 56, § 13, eff. June 4, 2003.

History

Former § 3401. Former § 3401, relating to rail policy, was derived from 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.

§ 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.

History

Revision note. In subdiv. (4), substituted "No. 221" for "No. 21" preceding "section 17(i)" to correct an error in the reference.

§ 3403. Acquisition and modernization.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "Surface Transportation Board" for "Interstate Commerce Commission" in the first sentence.

§ 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.

§ 3404. Right of first refusal.

  1. 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.
  2. 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.

History

Revision note. In subsec. (a), substituted "49 U.S.C. § 10905" for "49 U.S.C. § 10906" due to the general revision to Title 49, subtitle IV by P.L. 104-88 (Act Dec. 29, 1995), effective January 1, 1996.

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "Surface Transportation Board" for "Interstate Commerce Commission" in the fourth sentence.

§ 3405. Lease for continued operation.

  1. 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.
  2. 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.

History

Amendments--2003. Section amended generally.

Amendments--1999 (Adj. Sess.) Inserted "when the general assembly is in session, the general assembly, and when not in session" in the first sentence.

§ 3406. Sale or lease of State-owned railroad property for other purposes.

  1. 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.
  2. 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
      1. 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 (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
      2. 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.

History

Amendments--2009 (Adj. Sess.) Subsec. (b): Amended generally.

Amendments--1989 (Adj. Sess.) Subsec. (b): Deleted "board and the" preceding "governor".

§ 3407. Deposits into the Transportation Fund.

  1. 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.
  2. 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.

History

Amendments--1995 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

§ 3408. Railbanking; notification.

  1. 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.
  2. 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.
  3. 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.

History

2011. Added "; interim use" to the section catchline.

Amendments--2009 (Adj. Sess.) Added "notification" in the section heading and added "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" in the first sentence of subsec. (a).

Amendments--1993 (Adj. Sess.) Subsec. (c): Added.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

Violation of subsection (c) as traffic violation, see 23 V.S.A. § 2302.

§ 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.

Cross References

Cross references. Secretary's general authority to delegate duties, see 19 V.S.A. § 7(g).

CHAPTER 60. GENERAL PROVISIONS

Sec.

§ 3421. Definitions; application.

  1. 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.
  2. The provisions of the parts of this title which 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.

History

Source. V.S. 1947, § 9416. 1947, No. 202 , § 9548. P.L. § 6134. G.L. § 5069. 1917, No. 254 , § 4947. P.S. § 4324. 1906, No. 118 , § 41.

Amendments--1993 (Adj. Sess.) Section amended generally.

Prior law. 30 V.S.A. § 701.

§ 3422. Scope of chapter.

Railroad corporations organized or incorporated under the laws of the State shall be subject to the provisions of this part so far as consistent with their respective charters.

History

Source. V.S. 1947, § 9417. P.L. § 6135. G.L. § 5070. P.S. § 4325. V.S. § 3743. R.L. § 3299. G.S. 28, § 1. 1894, No. 41 , § 1.

Prior law. 30 V.S.A. § 702.

§ 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.

History

Source. V.S. 1947, § 9418. P.L. § 6136. G.L. § 5071. 1917, No. 254 , § 4949.

Prior law. 30 V.S.A. § 703.

§ 3424. Application of provisions of title.

The provisions of this title which 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.

History

Source. V.S. 1947, § 9419. P.L. § 6137. G.L. § 5072. P.S. § 4326. V.S. § 3744. R.L. § 3300. 1876, No. 26 , § 2. 1865, No. 3 , § 6. G.S. 28, §§ 41, 87. 1855, No. 28 , § 2. 1854, No. 30 .

Prior law. 30 V.S.A. § 704.

§ 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.

History

Source. V.S. 1947, § 9420. P.L. § 6138. G.L. § 5073. P.S. § 4327. V.S. § 3745. R.L. § 3301. G.S. 28, § 27. 1855, No. 27 , § 1.

Prior law. 30 V.S.A. § 705.

ANNOTATIONS

Analysis

1. Constitutionality.

This section does not grant a special privilege to a private corporation in contravention of article 7 of chapter I of the Vermont Constitution, but rather excepts land set apart for a public use from operation of the statute of limitations. Drouin v. Boston & Maine Railroad, 74 Vt. 343, 52 A. 957 (1902).

2. Construction.

"Roadway," as used in this section, includes such lands of a railroad contiguous to its center line, as shown by the record in the town clerk's office, as the railroad could lawfully take for the purposes of its roadway by condemnation proceedings. Drouin v. Boston & Maine Railroad, 74 Vt. 343, 52 A. 957 (1902); Central Vermont Railway v. R.C. Bowers Granite Co., 100 Vt. 26, 134 A. 608 (1926).

Cited. Rutland Railroad v. Chaffee, 71 Vt. 84, 42 A. 984, 48 A. 699 (1899).

§ 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.

History

Source. V.S. 1947, § 9421. P.L. § 6139. G.L. § 5075. P.S. § 4329. V.S. § 3747. R.L. § 3303. G.S. 28, § 82. 1852, No. 27 . 1849, No. 41 , § 34.

Prior law. 30 V.S.A. § 706.

§ 3427. Alien railroad corporations; exceptions.

  1. 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 which 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.
  2. 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 which 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.

History

Source. V.S. 1947, §§ 9422, 9423. P.L. §§ 6140, 6141. 1929, No. 88 , §§ 1, 2. G.L. §§ 5076, 5077. P.S. §§ 4330, 4331. 1898 S., No. 6, §§ 1, 2.

Prior law. 30 V.S.A. § 707.

§ 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.

History

Source. V.S. 1947, § 9424. P.L. § 6142. G.L. § 5078. P.S. § 4332. 1898, S., No. 6, § 3.

Reference in text. Reference to "writ of sequestration" in this section is obsolete. See Reporter's Notes to V.R.C.P. 4.1.

Revision note. References to "court of chancery" changed to "superior court" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes set out under 4 V.S.A. §§ 71 and 219.

Prior law. 30 V.S.A. § 708.

§ 3429. Rights and liabilities not affected.

Nothing in this title shall affect rights or liabilities accrued prior to December 1, 1850.

History

Source. V.S. 1947, § 9425. P.L. § 6143. G.L. § 5079. P.S. § 4333. V.S. § 3748. R.L. § 3304. G.S. 28, § 130. 1849, No. 41 , § 66.

Prior law. 30 V.S.A. § 709.

§ 3430. Legislative control.

The provisions of this title shall at all times be subject to alteration, amendment, or repeal by the General Assembly.

History

Source. V.S. 1947, § 9426. P.L. § 6144. G.L. § 5080. P.S. § 4334. V.S. § 3749. R.L. § 3305. G.S. 28, § 130. 1849, No. 41 , § 65.

Prior law. 30 V.S.A. § 710.

§ 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.

History

Amendments--2007. Added the last sentence.

Prior law. 30 V.S.A. § 711.

Limitation of provisions. 1981, No. 187 (Adj. Sess.), § 2, provided: "This act [this section] shall not apply to the state-owned property or rights-of-way as provided in Act No. 197 of the laws of 1965 and in Act No. 239 of the laws of 1957."

§ 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.

CHAPTER 62. POWERS AND DUTIES OF BOARD RELATING TO RAILROADS

Sec.

§ 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.

History

Source. V.S. 1947, § 9313. 1935, No. 160 . P.L. § 6074. G.L. § 5045. P.S. § 4602. 1906, No. 126 , § 13. 1898, No. 74 , § 1. V.S. § 3982. 1886, No. 23 , § 5. R.L. § 3482. 1870, No. 1 , §§ 14, 15. 1870, No. 4 , § 2. G.S. 28, §§ 121, 122. 1856, No. 30 , § 3. 1856, No. 64 , § 1. 1855, No. 26 , §§ 3, 5.

Editor's note. In matters relating to transportation, the Public Service Board has been succeeded by the Transportation Board. See 19 V.S.A. § 6.

Amendments--1993 (Adj. Sess.) Substituted "Transportation" for "Public Service" preceding "Board" in the first sentence and rewrote the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the first sentence and preceding "deems" in the second sentence.

Prior law. 30 V.S.A. § 801.

ANNOTATIONS

1. Scope of jurisdiction.

The Public Service Commission [now Board] was given complete jurisdiction over all railroads, including street railways, with ample power for proper administrative supervision. Town of West Rutland v. Rutland Railway Light & Power Co., 96 Vt. 413, 121 A. 755 (1923).

Cited. Town of West Rutland v. Rutland Railway Light & Power Co., 98 Vt. 379, 127 A. 883 (1925); Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968); Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

§ 3452. Disclosure of information.

  1. 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.
  2. 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 which give the railroad the opportunity to obtain business advantage over competitors who do not know it.
  3. 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.
  4. 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 which 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.

History

Source. V.S. 1947, § 9314. 1947, No. 202 , § 9445. P.L. § 6075. G.L. § 5046. 1912, No. 165 , § 1. P.S. § 4606. 1906, No. 126 , § 17. V.S. § 3985. 1886, No. 23 , § 4. R.L. § 3486. G.S. 28, § 124. 1855, No. 26 , § 6. 1849, No. 41 , § 41.

Amendments--1993 (Adj. Sess.) Section amended generally.

Amendments--1961 Rewrote the first sentence and added the last sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 802.

Cross References

Cross references. Attorney-client privilege, see V.R.E. 502.

§ 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.

History

Source. V.S. 1947, § 9315. P.L. § 6076. G.L. § 5047. P.S. § 4608. 1906, No. 126 , § 19. V.S. § 3988. 1892, No. 61 , § 1.

Reference in text. The Federal Railroad Administration, referred to in this section, vested under 49 U.S.C. § 103(g) to carry out duties and powers related to railroad's safety vested in the Secretary of Transportation.

Amendments--1993 (Adj. Sess.) Section amended generally.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "in writing" in the first sentence.

Prior law. 30 V.S.A. § 803.

§ 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 interests of public safety, it shall fix a time and place of holding the same and shall summon the person or corporation operating such railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of a person killed thereby, to appear and give evidence regarding the cause of such 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 such 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 or corporation 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 thereof to be made.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2017, No. 132 (Adj. Sess.), § 4.

History

Source. V.S. 1947, § 9316. P.L. § 6077. G.L. § 5048. P.S. § 4609. 1906, No. 126 , § 20. V.S. § 3987. 1892, No. 61 , § 1. 1888, Nos. 20, 25. 1886, No. 23 , § 6.

Amendments--2017 (Adj. Sess.). Substituted "the" for "such" preceding "accident" in the third sentence, inserted "may" preceding "be represented" in the fourth sentence, and substituted "railroad" for "trainmen and other" preceding "employees" in the fifth sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 804.

ANNOTATIONS

Cited. In re Rutland Railroad, 79 Vt. 53, 64 A. 233 (1906).

§ 3455. Unlawful acts; petitions to Board; hearings.

In a matter over which the Board has jurisdiction, a person or corporation that claims to be injured by the unlawful action or neglect of a railroad in this State may commence proceedings thereon by petition to the Board, with a copy to the Agency, therein setting forth briefly 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 ten freeholders of such county by such complaint may bring before the Board any such matter wherein and whereby 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 his or her judgment the matter should be investigated, he or she shall bring the same before the Board by proper complaint. On receipt of such complaint, the Board shall summon the person or persons complained of to appear before it and to make answer thereto. 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.

History

Source. V.S. 1947, § 9317. P.L. § 6078. G.L. § 5049. P.S. § 4610. 1906, No. 126 , § 21.

Amendments--1993 (Adj. Sess.) Substituted "has" for "is given" preceding "jurisdiction", deleted "those in the operation or management of" following "neglect of" and inserted "with a copy to the agency" preceding "therein" in the first sentence, inserted "the Attorney General, the legislative body of a municipality" following "arises" and substituted "statutory" for "the statute" preceding "law" in the second sentence, deleted "those operating" preceding "any railroad" and substituted "is operating" for "are doing so" preceding "in violation" and "statutory" for "statute" preceding "law" in the third sentence, made minor changes in phraseology in the fourth sentence, and added the seventh sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 805.

ANNOTATIONS

1. Standing.

Town had legal standing to present to Public Service Board [now Transportation Board] its complaint alleging that railroad had failed to comply with statutory requirements in maintenance of its right-of-way in town. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

§ 3456. Jurisdiction.

Without affecting special provisions of law relating to matters contained in this section, the Board shall have jurisdiction on due notice to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter of any railroad, or in the statutes of this State relating to railroads, and shall have like jurisdiction in all matters respecting:

  1. the crossing of one railroad by another;
  2. highway grade crossings and signs, signals, gates, or flaggers at the same;
  3. the construction and maintenance of proper fences, cattle guards, and farm crossings;
  4. to the extent not preempted by federal law, and in order to accommodate the public and ensure safety and compliance with the law:

    the maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges, and other structures over openings; and

    rolling stock and equipment;

  5. the connections, time, and times of connection between connecting roads for the accommodation of the traveling public, and the transportation of merchandise;
  6. the manner of operating railroads and conducting the business thereof so as to be reasonable and expedient and to promote the security, convenience, and accommodation of the public and to prevent violations of law and unjust discriminations, usurpations, or extortions; and
  7. any impediment alongside or adjacent to the rights-of-way of railroads, including damaged structures, that imperils the safe passage of trains.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 2; 1993, No. 172 (Adj. Sess.), § 43; 2017, No. 132 (Adj. Sess.), § 5.

History

Source. V.S. 1947, § 9318. P.L. § 6079. 1929, No. 82 , § 2. G.L. § 5050. P.S. § 4611. 1906, No. 126 , § 23. 1902, No. 68 , § 6. V.S. §§ 3989, 3991. 1886, No. 23 , §§ 8, 10.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--1993 (Adj. Sess.) Deleted "corporation" preceding "or in the statutes" in the introductory paragraph, substituted "flaggers" for "flagmen" following "gates or" in subdiv. (2), deleted former subdiv. (3) and redesignated former subdiv. (4) as subdiv. (3), redesignated former subdiv. (5) as subdiv. (4) and added "to the extent not preempted by federal law" preceding "the maintenance" and deleted "of wood or iron" following "structures" in that subdiv., redesignated former subdiv. (6) as subdiv. (7), deleted former subdivs. (7) and (8), redesignated former subdiv. (9) as subdiv. (6) and added "and" following "extortions" in that subdiv., deleted former subdiv. (10), and redesignated former subdiv. (11) as subdiv. (7).

Amendments--1981 (Adj. Sess.) Subdiv. (11): Added.

Amendments--1959 (Adj. Sess.) Substituted "Board" for "Commission" preceding "shall have jurisdiction" in the introductory paragraph.

Prior law. 30 V.S.A. § 806.

ANNOTATIONS

Analysis

1. Scope of jurisdiction.

The Public Service Commission [now Board] was given complete jurisdiction over all railroads, including street railways, with ample power for proper administrative supervision. Town of West Rutland v. Rutland Railway Light & Power Co., 96 Vt. 413, 121 A. 755 (1923).

2. Special provision of law.

Where street railway company, pursuant to terms of its charter, entered into franchise agreement with city, imposing certain duties on company with respect to building, maintaining, and repairing that portion of street within its track area, charter and contract entered into thereunder related to public duty and amounted to a "special provision of law" within proviso of this section leaving the Public Service Commission [now Board] without jurisdiction respecting questions arising thereunder. City of Burlington v. Burlington Traction Co., 98 Vt. 24, 124 A. 857 (1924).

3. Notice and hearing.

Order made under authority of this section, directing railroad company to operate its trains in a particular manner, was null and void where no notice was given or hearing held as required by this section. In re Rutland Railroad, 79 Vt. 53, 64 A. 233 (1906).

4. Grade crossings.

This section gives jurisdiction, but not sole jurisdiction, to the Public Service Commission [now Board] over grade crossings. Central Vermont Railway v. Hanley, 111 Vt. 425, 17 A.2d 249 (1941).

5. Stations.

This section gave Public Service Commission [now Board] jurisdiction of subject matter of petition to restrain railroad from substituting caretaker service for agency service at a station. Residents of Royalton v. Central Vermont Railway, 100 Vt. 443, 138 A. 782 (1927).

6. Tracks.

Public Service Commission [now Board] could compel railroad to move its tracks so as to increase platform room about its station, if public safety and convenience so required. Bacon v. Boston & Maine Railroad, 83 Vt. 421, 76 A. 128 (1910).

7. Abandonment.

Public Service Commission [now Board] has jurisdiction over question of abandonment of narrow gauge railroad over bridge. Town of Readsboro v. Hoosac Tunnel & Wilmington Railroad, 6 F.2d 733 (2d Cir. 1925).

8. Public safety.

Contention that Public Service Board's decision allowing decrease in clearance between trains and warehouse platform to improve safety for warehousemen could not stand was unsound, for the decision was clearly in the public interest, as warehousemen are members of the public and the Board is empowered by subdivisions (5) and (9) of this section to consider the public safety. In re Weyerhaeuser Co., 132 Vt. 121, 315 A.2d 446 (1974).

Cited. Sayers v. Montpelier & Wells River Railroad, 90 Vt. 201, 97 A. 660 (1916); Town of West Rutland v. Rutland Railway Light & Power Co., 98 Vt. 379, 127 A. 883 (1925); Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968); Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

§ 3457. Commencement of proceedings; expedited proceedings.

  1. Proceedings under section 3456 of this title may be commenced by motion of the Board by petition of the Agency, the Attorney General, the State's Attorney of the county, the legislative body of a municipality, 10 or more freeholders of the State, any railroad doing business in the State, or in such way as the law may otherwise specifically provide.
  2. Proceedings involving damaged structures or other impediments alongside or adjacent to the rights-of-way of railroads which imminently imperil the safety of the passage of trains shall be commenced immediately upon notice of the peril to the Board or the Agency. Upon such notice, the Board or the Agency shall immediately investigate and, if it is determined that such danger does exist and cannot be timely removed through informal negotiation, order the owner of the structure or other impediment to immediately take all action necessary to abate the danger. If the owner fails to do so, or is unavailable, the Board or the Agency may, without incurring any civil liability, take all steps necessary to abate the danger, including removal of the damaged structure or other impediment, and all expenses incurred shall constitute a debt due the State upon the rendering of an account therefor to the owner and shall be recoverable from the owner in an action. Expenses incurred by the Board or the Agency may be drawn from the Transportation Fund and any amounts recovered shall be credited to the Transportation Fund.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 1; 1993, No. 172 (Adj. Sess.), § 44.

History

Source. V.S. 1947, § 9319. P.L. § 6080. G.L. § 5051. P.S. § 4612. 1906, No. 126 , § 24.

Revision note. Deleted "in contract" following "action" in the third sentence of subsec. (b) to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Amendments--1993 (Adj. Sess.) Subsec. (a): Substituted "motion" for "the initial act" following "commenced by", inserted "the Agency" preceding "the attorney general" and deleted "by petition of" thereafter, substituted "the legislative body of a municipality, 10" for "by petition of ten" following "county", and deleted "by" preceding "any railroad" and "corporation" thereafter.

Subsec. (b): Substituted "the Agency" for "its designee" in three places in the first three sentences and inserted "or the Agency" following "Board" in the fourth sentence.

Amendments--1981 (Adj. Sess.) Added "expedited proceedings" at the end of the section heading, designated existing provisions of section as subsec. (a), inserted "by any railroad corporation doing business in the state" preceding "or in such way" in that subsection, and added subsec. (b).

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "initial act of the".

Prior law. 30 V.S.A. § 807.

ANNOTATIONS

1. Standing.

Town had legal standing to present to Public Service Board [now Transportation Board] its complaint alleging that railroad had failed to comply with statutory requirements in maintenance of its right of way in town. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

Cited. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

§ 3458. Planning.

  1. The Agency shall be the authorized Agency of the State for participation in and the receipt of grants and assistance through federal rail assistance legislation, and may receive such grants notwithstanding the provisions of 32 V.S.A. § 5 .
  2. The Agency shall establish a State plan for rail transportation and local rail services which shall provide for the equitable distribution of funds received, including federal grants or loans, among State, local, and regional transportation authorities.
  3. The Agency shall administer any plan developed pursuant to subsection (b) of this section, and shall have authority and administrative jurisdiction to develop, promote, supervise, and support adequate, safe, and efficient rail services.

    Added 1973, No. 182 (Adj. Sess.), § 2, eff. March 29, 1974; amended 1993, No. 172 (Adj. Sess.), § 45.

History

Amendments--1993 (Adj. Sess.) Subsec. (a): Substituted "agency" for "public service board" preceding "shall", deleted "the" preceding "federal", and substituted "rail assistance legislation" for "Regional Rail Reorganization Act of 197 3 (P.L. 93-236)" thereafter.

Subsec. (b): Substituted "Agency" for "board" preceding "shall establish".

Subsec. (c): Substituted "Agency" for "board" preceding "shall administer".

Prior law. 30 V.S.A. § 811.

CHAPTER 64. INCORPORATION UNDER GENERAL LAW

Sec.

§ 3478. Organization of railroad corporations; continuation of existing corporations.

  1. Notwithstanding 11A V.S.A. § 3.01(b)(4), a corporation for the purpose of owning or operating a railroad may be organized under the general laws of this State in the same manner as other corporations.
  2. Any domestic railroad corporation in existence before July 1, 1994 shall continue in existence and shall not be required to file new or amended articles of incorporation or to obtain a new or amended charter to continue its corporate existence.
  3. Any foreign railroad corporation authorized to do business in this State before July 1, 1994 shall continue to be authorized to do business in this State, and shall not be required to obtain a new or amended certificate of authority.
  4. A domestic railroad corporation formed by voluntary association and a domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations.
  5. A domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was not reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations or with a provision of the corporation's charter.

    Added 1993, No. 172 (Adj. Sess.), § 46; amended 2017, No. 113 (Adj. Sess.), § 10.

History

Amendments--2017 (Adj. Sess.). Subsecs. (b) and (c): Substituted "before July 1, 1994" for "on the effective date of this act".

Prior law. 30 V.S.A. § 918.

ANNOTATIONS

1. Decision under prior law.

Provisions of former § 1004 of Title 30 requiring the payment of five percent of the amount of stock subscribed for, at the time of making the subscription, does not apply when the subscription is made to the corporation directly, after its organization and existence as a corporation de facto. Montpelier & Wells River Railroad v. Langdon, 46 Vt. 284 (1873).

CHAPTER 66. CONSOLIDATION AND MERGER

Sec.

§ 3498. Liability to taxation.

Any railroad property which shall be sold to, merged into, or consolidated with the railroad property of another railroad company shall remain subject to the appraisal then made and in force for purposes of taxation under the new ownership, until a new appraisal shall be made in the usual course of business by the Commissioner of Taxes, and the resulting or successor corporation shall be liable for all taxes thereon.

History

Source. V.S. 1947, § 9692. P.L. § 6407. 1921, No. 147 , § 8.

Prior law. 30 V.S.A. § 1109.

CHAPTER 68. CONSTRUCTION AND OPERATION OF THE ROAD

Subchapter 1. Location, Condemnation, and Construction

§ 3518. Preliminary survey.

A railroad corporation may cause such examinations and surveys for a proposed railroad to be made as are necessary for the selection of the most advantageous route and, for such purpose, by its officers, agents, and employees, may enter upon lands or waters of a person, subject to liability for actual damages. Entry for other purposes shall not be made without the consent of the owner, until the damages are agreed upon by the parties, or ascertained and paid to the owner, or deposited as hereinafter provided.

History

Source. V.S. 1947, § 9480. P.L. § 6198. G.L. § 5134. P.S. § 4392. V.S. § 3808. R.L. § 3354. G.S. 28, § 24. 1848, No. 41 , § 25.

Prior law. 30 V.S.A. § 1301.

§ 3519. Location of road to be recorded.

Before a railroad corporation commences proceedings for the purpose of acquiring title to real estate or an interest therein, and, within two years from its incorporation, it shall cause a map or plan of the location of its road defining the courses, distances, and boundaries of the same in each town through which it passes, signed by a majority of the directors, to be recorded in the respective clerk's offices of such towns. If the road passes through an unorganized town or gore, the location shall be recorded in the offices in which conveyances of real estate situated therein are required by law to be recorded.

History

Source. V.S. 1947, § 9481. P.L. § 6199. G.L. § 5135. P.S. § 4393. V.S. § 3809. R.L. § 3355. 1872, No. 2 , § 6. G.S. 28, § 28. 1849, No. 41 , § 33.

Prior law. 30 V.S.A. § 1302.

ANNOTATIONS

Analysis

1. Construction.

Preliminary survey and location of right of way required by this section constituted taking of land. Troy & Boston Railroad v. Potter, 42 Vt. 265 (1869); Post v. Rutland Railroad, 80 Vt. 551, 69 A. 156 (1908).

2. Effect of recording.

Railroad company, by causing location of its road to be recorded in proper office, acquires prior right to construct its road on line of such survey, as against another company which, subsequent to such record, but before condemnation of land, has purchased it from owner. Barre Railroad v. Montpelier & Wells River Railroad, 61 Vt. 1, 17 A. 923 (1889).

Unrecorded contract to sell land to one railroad company, made prior to the recording of another company's survey and of which the latter had no notice, did not give deed executed pursuant thereto priority over the rights of the company which recorded its survey. Barre Railroad v. Montpelier & Wells River Railroad, 61 Vt. 1, 17 A. 923 (1889).

3. Failure to record.

Where landowner agreed with railroad company on his compensation and permitted company to take possession of land and construct road thereon, he could not thereafter take advantage of omission to have certificate of survey recorded. Troy & Boston Railroad v. Potter, 42 Vt. 265 (1869).

4. Evidence.

Location determined upon must be ascertained from the survey of record, which cannot be varied or modified by extrinsic evidence, and is conclusive on both the corporation and the landowner. Post v. Rutland Railroad, 80 Vt. 551, 69 A. 156 (1908).

§ 3520. Right to take land and water.

A railroad corporation may lay out its road, not exceeding five rods wide, and may purchase or otherwise take lands or materials necessary for making or securing its railroad, and such water and in such quantity as is required for the uses of the road, with the right of entering upon the land and constructing and keeping in repair necessary aqueducts.

History

Source. V.S. 1947, § 9482. P.L. § 6200. G.L. § 5136. P.S. § 4394. V.S. § 3810. R.L. § 3356. G.S. 28, §§ 13, 15. 1851, No. 49 , § 5. 1849, No. 41 , §§ 12, 13.

Prior law. 30 V.S.A. § 1303.

ANNOTATIONS

Cited. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

§ 3521. Taking for depot accommodations.

A railroad corporation may enter upon and take lands necessary for depot accommodations as provided by law and its act of incorporation.

History

Source. V.S. 1947, § 9484. P.L. § 6202. G.L. § 5138. P.S. § 4396. V.S. § 3812. R.L. § 3357. G.S. 28, § 14. 1847, No. 22 , § 2.

Prior law. 30 V.S.A. § 1305.

§ 3522. Land without road limits.

Land without the limits of its road shall not be taken by a railroad corporation for the requisite and convenient accommodation of its road, without the permission of the owner, unless the commissioners appointed as prescribed in section 3523 of this title, on application of the corporation, and after 12 days' notice to the owner, first prescribe the limits within which such lands shall be taken.

History

Source. V.S. 1947, § 9485. P.L. § 6203. G.L. § 5139. 1912, No. 158 . P.S. § 4397. 1906, No. 118 , § 6. V.S. § 3813. R.L. § 3358. G.S. 28, § 16. 1851, No. 49 , § 6.

Prior law. 30 V.S.A. § 1306.

§ 3523. Appraisal of damages; appointment of commissioners.

When a railroad corporation has not acquired, by gift or purchase, land, real estate, or property, taken or required for the construction, maintenance, and convenient accommodation of its road, and if the parties do not agree as to the price of such land and other property, any two Justices of the Supreme Court, upon application for that purpose by the corporation, shall appoint three disinterested commissioners, one of whom shall be an inhabitant of the town and all shall be inhabitants of the county in which the land or other property to be appraised is situated, to determine the damages which the owners of such land or property have sustained by the occupation of the same for the purposes aforesaid.

History

Source. V.S. 1947, § 9486. P.L. § 6204. G.L. § 5140. P.S. § 4398. V.S. § 3814. R.L. § 3359. G.S. 28, § 17. 1849, No. 41 , § 15.

Prior law. 30 V.S.A. § 1307.

ANNOTATIONS

Analysis

1. Taking before appraisal.

This section contemplates that land may be taken for railroad and damage thereby sustained before any appraisal of land damages shall have been made. Austin v. Rutland Railroad, 45 Vt. 215 (1873).

2. Assessment.

In assessing damages commissioners were required to consider market value of land taken, and in determining this they did not need to have reference exclusively to use to which premises were then being put, but could take into account any other use for which they were available. Hooker v. Montpelier & White River Railroad, 62 Vt. 47, 19 A. 775 (1889).

§ 3524. Notice of time and place of appraisal.

The commissioners shall give 12 days' notice to the occupants or owners of the land of the time and place when and where they will attend to such appraisal, but notice shall not be required to be given of the appraisal of unoccupied lands unless the owner resides in the State or has some known agent or attorney residing herein. If the owner does not reside in the State, and has a known agent or attorney residing herein, the same notice shall be given to the agent or attorney as is directed to be given to the owner or occupant.

History

Source. V.S. 1947, § 9487. P.L. § 6205. G.L. § 5141. P.S. § 4399. V.S. § 3815. R.L. § 3360. G.S. 28, § 17. 1849, No. 41 , §§ 15, 21.

Prior law. 30 V.S.A. § 1308.

ANNOTATIONS

1. Owner.

In proceedings to condemn real estate for the use of a railroad, it is not sufficient for Commissioners to give notice to the occupant thereof, and award him damages, and ignore the rights of the owner of the premises. Hagar v. Brainerd, 44 Vt. 294 (1872).

§ 3525. Description of land and property.

At least ten days before an appraisal is made by the commissioners, the corporation shall deliver to the owner, or deposit in the clerk's office in the town in which the same lies, a plan or description in writing of the land or property so taken.

History

Source. V.S. 1947, § 9488. P.L. § 6206. G.L. § 5142. P.S. § 4400. V.S. § 3816. R.L. § 3361. G.S. 28, § 19. 1849, No. 41 , § 17.

Prior law. 30 V.S.A. § 1309.

ANNOTATIONS

1. Waiver.

Objection to regularity of condemnation proceedings for company's failure to furnish owner with plan or description of land taken, as required by this section, was waived by accepting payment of damages therein awarded. Drouin v. Boston & Maine Railroad, 74 Vt. 343, 52 A. 957 (1902).

§ 3526. Estate for life or years; reversionary interest.

When a railroad corporation takes land subject to an estate for life or years, the commissioners shall appraise the damages to such estate, and also the damages to the reversionary interest.

History

Source. V.S. 1947, § 9489. P.L. § 6207. G.L. § 5143. P.S. § 4401. 1896, No. 44 , § 25. V.S. § 3817. R.L. § 3362. G.S. 28, § 20. 1846, No. 22 , § 3.

Prior law. 30 V.S.A. § 1310.

§ 3527. Notice and statement of appraisal; record.

When an appraisal is made, the commissioners, within 20 days, shall notify the owner, if known, of the amount thereof, and deliver to the corporation a written statement of the same, with a description of the land or other property so appraised. Within 30 days thereafter, the corporation shall cause the same to be recorded in the clerk's office of the town where the land or other estate lies.

History

Source. V.S. 1947, § 9490. P.L. § 6208. G.L. § 5144. P.S. § 4402. V.S. § 3818. R.L. § 3363. G.S. 28, § 17. 1849, No. 41 , § 15.

Prior law. 30 V.S.A. § 1311.

§ 3528. Payment or deposit of damages conveys property.

Upon the payment of the damages by the corporation, as determined upon by the commissioners, with the costs and charges thereupon accruing, or upon the deposit of the same by the corporation in such bank or with such clerk of the Supreme Court as the commissioners direct, to the credit of the person to whom the damages have been awarded, such bank or clerk giving notice personally or by mail to such persons that such deposit has been made, the corporation shall be deemed to be seized and possessed of the land or other property appraised by the commissioners.

History

Source. V.S. 1947, § 9491. P.L. § 6209. G.L. § 5145. P.S. § 4403. V.S. § 3819. R.L. § 3364. G.S. 28, § 17. 1849, No. 41 , § 15.

Prior law. 30 V.S.A. § 1312.

§ 3529. When owner is an infant or has an intellectual or psychiatric disability.

When the owner of the land or estate is an infant, or lacks capacity to protect his or her interests due to an intellectual or psychiatric disability, or does not reside in this State, or is not known, the corporation shall cause the damages sustained by the owner to be determined in the manner described in this subchapter, and shall pay the same to the lawful owner when demanded, with interest thereon. Such damages and interest shall be a specific lien upon the real estate of such corporation, and be preferred before any other demand against such corporation.

Amended 2013, No. 96 (Adj. Sess.), § 14; 2017, No. 113 (Adj. Sess.), § 11.

History

Source. V.S. 1947, § 9492. 1947, No. 202 , § 9624. P.L. § 6210. G.L. § 5146. P.S. § 4404. V.S. § 3820. R.L. § 3365. G.S. 28, § 17. 1849, No. 41 , § 15.

Revision note. Deleted "a married woman" from the section heading and first sentence in view of chapter 3 of Title 15, relating to rights of married women.

Amendments--2017 (Adj. Sess.) Substituted "described in this subchapter" for "heretofore described" in the first sentence.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "or has an intellectual or psychiatric disability" for "mental defective or insane".

Substituted "or lacks capacity to protect his or her interests due to an intellectual or psychiatric disability" for "mental defective or insane".

Prior law. 30 V.S.A. § 1313.

§ 3530. Appeal to Superior Court.

When the corporation or the owner of land or property is dissatisfied with the decision of the commissioners, within 90 days after the date of the award either party may appeal to the Superior Court. Such court shall thereupon appoint three commissioners, one of whom shall be an inhabitant of the county in which such land or property is situated. The decision of the court shall be final upon the report of the commissioners, and costs, in the discretion of the court, may be allowed to either party. An appeal shall not be taken by the corporation after deposit of the amount of the award, nor shall an appeal be taken by the landholder or owner after acceptance thereof.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 9493. P.L. § 6211. G.L. § 5147. P.S. § 4405. V.S. § 3821. R.L. § 3366. G.S. 28, § 18. 1849, No. 41 , § 16.

Amendments--1973 (Adj. Sess.) Substituted "superior" for "county" preceding "court" in the section heading and at the end of the first sentence.

Prior law. 30 V.S.A. § 1314.

ANNOTATIONS

1. Finality of judgment.

Exceptions do not lie to a judgment based on a report of Commissioners appointed under this section, since this section provides that the decision of the court shall be final. Miles Block Co. v. Barre & C.R.R., 96 Vt. 526, 121 A. 410 (1923).

§ 3531. Proceedings in Superior Court respecting damages.

When a railroad corporation requires for roadway or building materials land, the owner of which is unknown, or where there are conflicting claims to the title, or where such land is encumbered by mortgages, attachments, or the levy of execution, or otherwise, after having the damages appraised by the commissioners, such corporation may apply by petition to a Superior judge, who, in his or her discretion, may order the damages awarded by the commissioners to be deposited with the Clerk of the Court, or in a bank in the county where the land lies, subject to the order of such person as the Superior judge decides is entitled to the same, or subject to the future order of the Superior judge.

History

Source. V.S. 1947, § 9494. P.L. § 6212. G.L. § 5148. P.S. § 4406. V.S. § 3822. R.L. § 3367. G.S. 28, § 21. 1849, No. 41 , § 18.

Revision note. Reference to "chancery" changed to "superior court" and references to "chancellor" changed to "Superior judge" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes set out under 4 V.S.A. §§ 71 and 219.

Prior law. 30 V.S.A. § 1315.

ANNOTATIONS

Analysis

1. Nature of proceedings.

Proceedings under this section were considered to be summary and final; and on petition being made by claimant, company had no interest in question, and could not appeal from order of chancellor. Haswell v. Vermont Central Rail Road, 23 Vt. 228 (1851).

2. Parties.

Railroad company, in order to protect itself, was required to make all parties claiming title parties to proceeding under this section and have their respective rights to the money adjudicated. Wade v. Hennessy, 55 Vt. 207 (1882).

3. Interest.

Bank holding money deposited pursuant to this section was not chargeable with interest on the money. Haswell v. Farmers & Mechanics' Bank, 26 Vt. 100 (1853).

4. Trustee process.

Since money deposited pursuant to this section is in the custody of the law and cannot be recovered or paid to anyone until an order to that effect is made, it is not subject to trustee process. Northfield National Bank v. E. B. Ellis Granite Co., 100 Vt. 11, 134 A. 595 (1926).

§ 3532. Notice required before final decree.

A final decree shall not be made in such case until reasonable notice of the filing of the petition has been given to persons interested, when they are known and reside in the State. When the owners are unknown or reside outside the State, such notice shall be given as the Superior judge may order.

History

Source. V.S. 1947, § 9495. P.L. § 6213. G.L. § 5149. P.S. § 4407. V.S. § 3823. R.L. § 3368. G.S. 28, § 22. 1849, No. 41 , § 19.

Revision note. Reference to "chancellor" in the second sentence changed to "superior judge" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes set out under §§ 71 and 219 of Title 4.

Prior law. 30 V.S.A. § 1316.

§ 3533. Deposit of damages; sum invested.

On the deposit of the damages under the order of a Superior judge, the title to the land shall vest in the corporation, subject to the right of appeal as in other cases. If the sum so deposited remains for six months undemanded, a Superior judge may order the same invested for the benefit of those interested.

History

Source. V.S. 1947, § 9496. P.L. § 6214. G.L. § 5150. P.S. § 4408. V.S. § 3824. R.L. § 3369. G.S. 28, § 23. 1849, No. 41 , § 20.

Revision note. References to "chancellor" changed to "superior judge" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes set out under 4 V.S.A. §§ 71 and 219.

Prior law. 30 V.S.A. § 1317.

§ 3534. Obstruction to private way.

If a railroad corporation obstructs the travel or means of access to a manufactory, mill, place of business, or dwelling house in laying out, building, grading, or making its road, it shall be liable to pay to the person thereby injured such reasonable compensation as the commissioners for determining railroad damages deem proper. The person so claiming to be damaged may apply in writing to the commissioners, setting forth such damage. Such application, with a notice from the commissioners to the corporation of the time and place of hearing, shall be served on the corporation according to law.

History

Source. V.S. 1947, § 9497. P.L. § 6215. G.L. § 5151. P.S. § 4409. V.S. § 3825. R.L. § 3370. G.S. 28, § 25. 1851, No. 49 , § 7.

Prior law. 30 V.S.A. § 1318.

ANNOTATIONS

Cited. Wead v. St. Johnsbury & Lake Champlain Railroad, 64 Vt. 52, 24 A. 361 (1892).

§ 3535. Right of action on nonpayment of damages.

When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected therewith and taken materials to use in the construction of its road, and has not paid the owner therefor nor, within two years from such entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after such entry, may bring an action therefor before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only his or her actual damages.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57.

History

Source. V.S. 1947, § 9498. P.L. § 6216. G.L. § 5152. 1908, No. 62 . P.S. § 4410. V.S. § 3826. R.L. § 3371. G.S. 28, § 26. 1849, No. 13 .

Amendments--2009 (Adj. Sess.) Substituted "before a superior court" for "before a district court, if the claim is not over $200.00, otherwise in the superior court" in the first sentence, and inserted "or her" following "his" in the second sentence.

Amendments--1973 (Adj. Sess.) Substituted "superior court" for "county court" at the end of the first sentence.

Amendments--1965 (Adj. Sess.) Substituted "district" for "municipal" preceding "court, if the claim" in the first sentence.

Prior law. 30 V.S.A. § 1319.

ANNOTATIONS

Analysis

1. Common law remedies.

The remedy provided in this section supersedes the common law remedy by ejectment. Austin v. Rutland Railroad, 45 Vt. 215 (1873).

2. Lien.

The owner of land taken by a railroad for railroad purposes has a lien on the land enforceable in equity for his damages. Adams v. St. Johnsbury & Lake Champlain Railroad, 57 Vt. 240 (1884); Bridgman v. St. Johnsbury & Lake Champlain Railroad, 58 Vt. 198, 2 A. 467 (1885).

3. Injunction.

Court had power to grant an injunction to restrain company from occupying land until damages were paid. Kittell v. Missisquoi Railroad, 56 Vt. 96 (1883).

§ 3536. Security from contractors; liability for wages.

A railroad corporation shall require sufficient security from the contractors for the payment of labor performed in constructing the road by persons in their employ. Such corporation shall be liable to the day laborers employed by the contractors for labor actually performed on its road, if the person having such claim, within 40 days after the performance of the labor, shall notify in writing the engineer in charge of the section on which the labor was performed that he or she has not been paid by the contractors.

History

Source. V.S. 1947, § 9499. P.L. § 6217. G.L. § 5153. P.S. § 4411. V.S. § 3827. R.L. § 3372. G.S. 28, § 72. 1849, No. 41 , § 53.

Prior law. 30 V.S.A. § 1320.

Cross References

Cross references. Wage liens, see 9 V.S.A. § 1971.

ANNOTATIONS

Analysis

1. Constitutionality.

Provision for liability of railroad corporations to day laborers is not unconstitutional as impairing obligation of contracts. Branin v. Connecticut & Passumpsic Rivers Railroad, 31 Vt. 214 (1858).

2. Scope of liability.

Under this section a railroad corporation is liable to day laborers employed by subcontractors, as well as by those who contracted directly with the corporation. Branin v. Connecticut & Passumpsic Rivers Railroad, 31 Vt. 214 (1858).

Day laborer could recover under this section not only for his own personal labor, but also for the use of his horse and cart with which he worked in construction of the railroad. Branin v. Connecticut & Passumpsic Rivers Railroad, 31 Vt. 214 (1858).

3. Jurisdiction.

Action could not be maintained under this section for labor, when work was done, and contract was made and to be performed in New York and governed by its laws. Cartwright v. New York, Rutland & Montreal Railroad, 59 Vt. 675, 9 A. 370 (1887).

§ 3537. Changes in location.

After taking land for a portion of its road, a railroad corporation may vary the direction of the road in the place where such land lies, provided it does not thereby locate its road, or a part thereof, outside the limits prescribed by its act of incorporation. Before the time required by law for completing the road, such corporation shall file the location of the different parts of the road, when such variations are made, with the clerks of the respective towns where such parts are situated, who shall record the same.

History

Source. V.S. 1947, § 9500. P.L. § 6218. G.L. § 5154. P.S. § 4412. V.S. § 3828. R.L. § 3373. G.S. 28, § 29. 1849, No. 41 , § 31.

Prior law. 30 V.S.A. § 1321.

ANNOTATIONS

1. Abandonment.

Where company changes line of road, change operates as an abandonment of land on line deviated from, so that it can no longer claim any right or interest in said land, or in any easement growing out of it. Stacey v. Vermont Central Railroad, 27 Vt. 39 (1854).

§ 3538. When other land of same owner is taken, first land to revert.

When a railroad corporation has paid or becomes liable to pay land damages for the location of its road, and afterwards changes such location and occupies other lands of the same landowner to whom damages have been paid or awarded, the land first located upon, on the completion of the subsequent location, shall revert to the landowner. On the subsequent location, the commissioners shall award such damages as under the circumstances are just.

History

Source. V.S. 1947, § 9501. P.L. § 6219. G.L. § 5155. P.S. § 4413. V.S. § 3829. R.L. § 3374. G.S. 28, § 30. 1849, No. 41 , § 22.

Prior law. 30 V.S.A. § 1322.

ANNOTATIONS

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

§ 3539. Difference in value; adjustment.

When the damages awarded on the second location are less than those awarded on the first, the corporation may recover the difference, if paid, from the landowner. If the damages so awarded have not been paid, such corporation may retain the difference, and shall not be liable to pay the same. When the damages on the first location have been assessed by the commissioners and an appeal taken therefrom is pending, the corporation shall pay the costs accrued in the appeal, and cause its new location to be recorded, before it takes the benefit of this section.

History

Source. V.S. 1947, § 9502. 1947, No. 202 , § 9634. P.L. 6220. G.L. § 5156. P.S. § 4414. V.S. § 3830. R.L. § 3374. G.S. 28, § 30. 1849, No. 41 , § 22.

Prior law. 30 V.S.A. § 1323.

§ 3540. Change after damages are paid.

When the location of a railroad is changed after the payment of damages to a landowner, and a portion of the lands of such owner is not taken for the new location, the lands taken for the first location shall revert to the owner. The railroad corporation may recover from such landowner the amount so paid as damages, deducting therefrom the damages which accrued to the owner in consequence of locating the railroad across his or her lands, which shall be ascertained by the Transportation Board. The landowner, if he or she chooses, may convey to the corporation the land so located upon, and retain the sum so awarded.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9503. P.L. § 6221. G.L. § 5157. P.S. § 4415. 1906, No. 118 , § 7. V.S. § 3831. R.L. § 3375. G.S. 28, § 31. 1849, No. 41 , § 23.

Revision note. Substituted "transportation board" for "public service board" in the second sentence for purposes of conformity with 1993, No. 172 (Adj. Sess.).

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" at the end of the second sentence.

Prior law. 30 V.S.A. § 1324.

§ 3541. Change before damages are paid.

When the location of the road has been changed as mentioned in section 3540 of this title, and the damages have been awarded and not paid, the land first located upon shall revert to the owner thereof. The corporation shall not be required to pay the sum so awarded, but shall pay to the owner the damages which have accrued to him or her by reason of such location, to be determined by the Board.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9504. P.L. § 6222. G.L. § 5158. P.S. § 4416. 1906, No. 118 , § 7. V.S. § 3832. R.L. § 3376. G.S. 28, § 32. 1849, No. 41 , § 24.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "determined by the" at the end of the second sentence.

Prior law. 30 V.S.A. § 1325.

§ 3542. Right to alter highway.

When it is necessary for a railroad corporation to lay out its road upon or by the side of a highway, or upon a bridge owned by a town or the Agency of Transportation, the railroad corporation shall give notice thereof to a member of the selectboard of the town (where the proposed alteration involves a town highway) or the Secretary of Transportation (where the proposed alteration involves a State highway). When the railroad corporation cannot agree with the selectboard members or with the Agency of Transportation on a road to be worked or a bridge to be built by the railroad corporation, in place of such road or bridge, or on the amount of damages, the Transportation Board shall direct it to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties require. Upon the construction of such road or bridge, the road or bridge so located upon shall vest in the railroad corporation.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 47.

History

Source. V.S. 1947, § 9505. P.L. § 6223. G.L. § 5159. P.S. § 4417. 1906, No. 118 , § 8. V.S. § 3833. R.L. § 3377. G.S. 28, § 34. 1849, No. 41 , § 17.

2014. In the second sentence, substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--1993 (Adj. Sess.) Deleted "or turnpike" following "highway" in the section catchline, rewrote the first sentence and substituted "agency of transportation" for "turnpike directors" following "selectmen or with the" and "transportation" for "public service" preceding "board" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the second sentence.

Prior law. 30 V.S.A. § 1326.

ANNOTATIONS

1. Use of highway.

Railroad companies have no right to build their station houses in highways, which they merely cross with their railroad, and location of which they do not change. State v. Vermont Central Railroad, 27 Vt. 103 (1854).

Cited. Mann v. Central Vermont Railroad, 55 Vt. 484 (1883).

§ 3543. Appeal.

A railroad corporation, town, the Agency of Transportation, or individual owning land adjacent to such road or bridge so entered upon, crossed, or altered, shall have the same right of appeal from the decision of the selectboard or the Transportation Board as is provided in this chapter in case of the appraisal of land damages by commissioners.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 48.

History

Source. V.S. 1947, § 9506. P.L. § 6224. G.L. § 5160. P.S. § 4418. 1906, No. 118 , § 9. V.S. § 3834. R.L. § 3377. G.S. 28, § 34. 1849, No. 41 , § 27.

Amendments--1993 (Adj. Sess.) Substituted "the agency of transportation" for "turnpike corporation" following "town" and "selectboard" for "selectmen" following "decision of the", and inserted "transportation" preceding "board".

Amendments--1959 (Adj. Sess.) Substituted "Board" for "Commission" preceding "as is provided".

Prior law. 30 V.S.A. § 1327.

§ 3544. Alteration of course of highway at crossing.

A railroad corporation may alter the course of a highway where it is crossed by its railroad, for the purpose of facilitating the crossing of the same, if it can agree with the selectboard of the town (in the case of a town highway) or the Agency of Transportation (in the case of a State highway) as to such alteration or the manner of crossing. When they cannot agree, the Transportation Board shall determine the same.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 49.

History

Source. V.S. 1947, § 9507. P.L. § 6225. G.L. § 5161. P.S. § 4419. 1906, No. 118 , § 10. V.S. § 3835. R.L. § 3378. G.S. 28, § 35. 1849, No. 41 , § 28.

Amendments--1993 (Adj. Sess.) Section amended generally.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the second sentence.

Prior law. 30 V.S.A. § 1328.

Cross References

Cross references. Alteration of grade crossings, see § 3783 et seq. of this title.

Appeal from appraisal of land damages by commissioners, see § 3530 of this title.

§ 3545. Alterations to be recorded.

Alterations made in a highway as provided in this chapter, if made by the Transportation Board, shall be signed by it. If such alterations are agreed upon by the parties, the agreement shall be signed by the selectboard of the town (where the alteration involves a town highway) or Secretary of Transportation (where the alteration involves a State highway), and duly recorded in the town clerk's office.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 50.

History

Source. V.S. 1947, § 9508. 1947, No. 202 , § 9640. P.L. § 6226. G.L. § 5162. P.S. § 4420. 1906, No. 118 , § 11. V.S. § 3836. R.L. § 3379. G.S. 28, § 37. 1849, No. 41 , § 30.

Amendments--1993 (Adj. Sess.) Substituted "highway" for "turnpike or way" preceding "as provided" and inserted "transportation" preceding "board" in the first sentence, and substituted "selectboard" for "selectmen" preceding "of the town" and inserted "(where the alteration involves a town highway)" thereafter and substituted "secretary of transportation (where the alteration involves a state highway)" for "the turnpike directors" preceding "and duly" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "made by the" in the first sentence.

Prior law. 30 V.S.A. § 1329.

§ 3546. Additional lands.

Such railroad corporation may take such additional lands for the purposes mentioned in sections 3543-3545 of this title as the Transportation Board judges necessary. Unless the lands so taken are purchased or given, compensation therefor shall be determined by the Transportation Board, as in other cases, and made by the railroad corporation to the owners and persons interested in the lands. When compensation is made, the same shall become part of such highway, and may be held for highway purposes, and such landowners and such railroad corporation shall have the same right of appeal as in other cases of land damages.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 51.

History

Source. V.S. 1947, § 9509. P.L. § 6227. G.L. § 5163. P.S. § 4421. 1906, No. 118 , § 12. V.S. § 3837. R.L. § 3380. G.S. 28, § 36. 1849, No. 41 , § 29.

Amendments--1993 (Adj. Sess.) Inserted "transportation" preceding "board" in the first and second sentences, and substituted "highway" for "turnpike or way" preceding "and may" and inserted "railroad" preceding "corporation" in the third sentence.

Amendments--1959 (Adj. Sess.) Substituted "Board" for "Commission" preceding "judges" in the first sentence and following "determined by the" in the second sentence.

Prior law. 30 V.S.A. § 1329.

Subchapter 2. Crossing Highways and Turnpikes

§ 3566. Highway crossing railroad.

When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under or cross the railroad, and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60 , § 32, eff. April 25, 1995.

History

Source. V.S. 1947, § 9510. P.L. § 6228. G.L. § 5164. P.S. § 4422. 1906, No. 118 , § 13. V.S. § 3838. 1886, No. 20 , § 1. R.L. 3381. G.S. 28, § 33. 1849, No. 41 , § 26.

Codification. Pursuant to 1995, No. 60 , § 37, the amendment to 30 V.S.A. § 1361 by 1995, No. 60 , § 32, was incorporated in the text of this section as reclassified by the act.

Amendments--1995 Substituted "highway" for "turnpike or way" preceding "crossing" in the section heading and for "turnpike or other way" in two places in the first sentence and preceding "is laid" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" in the second and third sentences.

Prior law. 30 V.S.A. § 1361.

ANNOTATIONS

Analysis

1. Construction.

This section protects railroads against arbitrary or unwarranted action by selectmen in laying out crossings at grade. Central Vermont Railway v. Hanley, 111 Vt. 425, 17 A.2d 249 (1941).

2. Construction with other laws.

This section was not repealed in whole or in part by other statutory provisions affecting crossings at grade. Central Vermont Railway v. Hanley, 111 Vt. 425, 17 A.2d 249 (1941).

§ 3567. Application to Transportation Board.

The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying the highway for beginning work thereon.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60 , § 33, eff. April 25, 1995.

History

Source. V.S. 1947, § 9511. P.L. § 6229. G.L. § 5165. P.S. § 4423. 1906, No. 118 , § 14. V.S. § 3839. 1886, No. 20 , § 2.

Codification. Pursuant to 1995, No. 60 , § 37, the amendment to 30 V.S.A. § 1362 by 1995, No. 60 , § 33, was incorporated in the text of this section as reclassified by the act.

Amendments--1995 Substituted "transportation" for "public service" preceding "board" in the section heading and "highway" for "turnpike or way" in the text of the section.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the catchline and "application to the" in the text.

Prior law. 30 V.S.A. § 1362.

§ 3568. Railroad crossing highway.

A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad may raise or lower the highway, for the purpose of having its railroad pass over or under it. However, the railroad shall restore the highway as far as practicable and so as not to impair its usefulness.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60 , § 34, eff. April 25, 1995.

History

Source. V.S. 1947, § 9512. P.L. § 6230. G.L. § 5166. P.S. § 4424. 1906, No. 118 , § 15. V.S. § 3840. 1888, No. 21 , § 1. R.L. § 3382. G.S. 28, § 35. 1849, No. 41 , § 28.

Codification. Pursuant to 1995, No. 60 , § 37, the amendment to 30 V.S.A. § 1363 by 1995, No. 60 , § 34, was incorporated in the text of this section as reclassified by the act.

Amendments--1995 Section amended generally.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "judges" in the first sentence.

Prior law. 30 V.S.A. § 1363.

§ 3569. Highway changed; notice; hearing.

When a highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, the railroad corporation, with the consent of the Board, may cause such highway to be changed so that such railroad may be constructed on the best site for that purpose. However, such corporation shall put such highway as near as practicable in as good a situation and repair as it was previous to such alteration, under the direction of the Board. Such construction or alteration shall not be made without notice to all parties interested and a hearing before the Board.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9513. P.L. § 6231. G.L. § 5167. P.S. § 4425. 1906, No. 118 , § 16. V.S. § 3841. 1888, No. 21 , § 1.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1364.

§ 3570. Crossing; repairs at town highways.

When a railroad corporation has constructed a railroad across a town highway by passing upon, over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the accommodation, safety, and convenience of the public travel on the highway, over or upon the railroad.

Amended 1969, No. 76 , § 1; 1995, No. 60 , § 35, eff. April 25, 1995.

History

Source. V.S. 1947, § 9514. P.L. § 6232. 1931, No. 102 , § 1. G.L. § 5168. P.S. § 4426. V.S. § 3844. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

Codification. Pursuant to 1995, No. 60 , § 37, the amendment to 30 V.S.A. § 1365 by 1995, No. 60 , § 35, was incorporated in the text of this section as reclassified by the act.

Amendments--1995 Deleted "and state aid" preceding "highways" in the section heading and "or state aid" following "town" in the text of the section.

Amendments--1969 Added "town and state aid highways" at the end of the section heading and substituted "town or state aid" for "public" preceding "highway by passing" in the text.

Prior law. 30 V.S.A. § 1365.

ANNOTATIONS

Analysis

1. Charter provisions.

Railroad was subject to the provisions of this section even though its original charter, granted prior to the passage of this section, prescribed terms and conditions on which the railroad could cross a highway and contained no reservation of legislative authority to alter, amend or repeal it. Town of Waterbury v. Central Vermont Railway, 93 Vt. 461, 108 A. 423 (1919).

2. Repair.

The word "repair" in this section does not include painting underpass abutments to provide danger signs to the travelling public. 1930-32 Op. Atty. Gen. 174.

Under this section a railroad is required to keep in repair a highway bridge forming a part of the highway at the point where it is crossed by the railroad's overpass. Town of Waterbury v. Central Vermont Railway, 93 Vt. 461, 108 A. 423 (1919).

Cited. Town of Roxbury v. Central Vermont Railroad, 60 Vt. 121, 14 A. 92 (1888); Town of Clarendon v. Rutland Railroad, 75 Vt. 6, 52 A. 1057 (1902); 1930-32 Op. Atty. Gen. 180.

§ 3571. State highways.

  1. When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad.
  2. Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense.

    Added 1969, No. 76 , § 2.

History

Prior law. 30 V.S.A. § 1366.

§ 3572. Highway bridges on State highways.

  1. When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges which were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense.
  2. Construction of new bridges carrying public highways over railroad tracks, and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad.

    Added 1969, No. 76 , § 3.

History

Prior law. 30 V.S.A. § 1367.

§ 3573. Railroad bridges; repairs and construction.

When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary, its bridges and abutments; however, construction of new bridges and abutments, and rebuilding and reconstruction of existing bridges and abutments, made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the railroad at State expense.

Added 1969, No. 76 , § 4.

History

Prior law. 30 V.S.A. § 1368.

§ 3574. Expense; apportionment; State, municipality, and railroad.

When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76 , § 5; 1993, No. 172 (Adj. Sess.), § 52.

History

Source. V.S. 1947, § 9515. P.L. § 6233. 1931, No. 102 , § 1. G.L. § 5168. P.S. § 4426. V.S. § 3844. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

Amendments--1993 (Adj. Sess.) Substituted "agency of transportation" for "highway board" following "located or of the" and "transportation" for "public service" preceding "board, after".

Amendments--1969 Inserted "mentioned in section 1365 of this title" [formerly Title 30; see note at Part IV above] preceding "or of the municipality" and made minor stylistic changes.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" and "proportion as the".

Prior law. 30 V.S.A. § 1369.

Cross References

Cross references. Payment of claims for reimbursement by State, see § 3592 of this title.

§ 3575. Maintenance, road bed; underpass.

The maintenance of the road bed of the highway through an underpass shall be borne by the State or municipality, or both, unless, upon petition, the Board shall order otherwise.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9516. P.L. § 6234. 1931, No. 102 , § 1. G.L. § 5168. P.S. § 4426. V.S. § 3844. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "shall order".

Prior law. 30 V.S.A. § 1370.

§ 3576. Expense; State highways.

When a highway is controlled and maintained by the State, the expense shall be borne by the State.

Amended 1969, No. 76 , § 6.

History

Source. V.S. 1947, § 9517. P.L. § 6235. 1931, No. 102 , § 1. G.L. § 5168. P.S. § 4426. V.S. § 3844. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

Amendments--1969 Section amended generally.

Prior law. 30 V.S.A. § 1371.

§ 3577. Liability; railroad.

A railroad corporation constructing a railroad across a highway shall be liable to the town, within whose limits the crossings are, for damages occasioned to that town by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions against the corporation by reason of the noncompliance.

Amended 1969, No. 76 , § 7.

History

Source. V.S. 1947, § 9518. P.L. § 6236. 1931, No. 102 , § 1. G.L. § 5168. P.S. § 4426. V.S. § 3844. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

Amendments--1969 Substituted "section 1365 and 1366" [former section 1365 and 1366 in Title 30; see note at Part IV above] for "sections 1365-1368" preceding "of this title" at the end of the first sentence and made minor stylistic changes.

Prior law. 30 V.S.A. § 1372.

§ 3578. Release of corporation from liability.

The liability of the corporation shall continue although the railroad has been abandoned, unless the selectboard members of the town consent in writing that the corporation be released therefrom, or unless the corporation or its assigns restore such crossing to its original state of usefulness and permanency. Such written consent shall be recorded in the record of deeds in the town clerk's office by such selectboard members.

History

Source. V.S. 1947, § 9519. P.L. § 6237. G.L. § 5169. P.S. § 4427. V.S. § 3845. R.L. § 3383. G.S. 28, §§ 38, 40. 1855, No. 28 , § 1. 1852, No. 26 , § 1.

2014. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 30 V.S.A. § 1373.

§ 3579. Towns may require repairs.

When the selectboard of a town in which such crossing is located are of opinion that such bridge, culvert, crossing, or construction requires repairing or rebuilding in order to be safe for travel thereon, the selectboard may notify the corporation required by this chapter to repair or rebuild the same, by leaving a written notice to that effect with the president, superintendent of such road, or the clerk of such corporation. When such corporation does not repair or rebuild the same within one month after such notice, the town may apply by petition to the Transportation Board to be heard thereon. Upon due notice and hearing, the Board may order and compel such repairs or rebuilding to be made as are necessary for the safety of the traveling public.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.

History

Source. V.S. 1947, § 9520. P.L. § 6238. G.L. § 5170. P.S. § 4428. 1906, No. 118 , § 17. V.S. § 3846. R.L. § 3384. G.S. 28, §§ 39, 42. 1855, No. 28 , § 3. 1852, No. 26 , § 2.

Amendments--1993 (Adj. Sess.) Substituted "selectboard" for "selectmen" preceding "of a town" and "the selectboard" for "they" following "thereon" in the first sentence, "transportation" for "public service" preceding "board" in the second sentence, and "notice" for "summons" following "due" in the third sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the second sentence and preceding "may order" in the third sentence.

Prior law. 30 V.S.A. § 1374.

ANNOTATIONS

Analysis

1. Repair.

The word "repair" in this section does not include painting underpass abutments to provide danger signs to the travelling public. 1930-32 Op. Atty. Gen. 174.

2. Public safety.

Public Service Commission [now Board] may, on failure of railroad to comply with request of selectmen to reconstruct a crossing because of changed traffic conditions and upon a hearing, compel such rebuilding as is necessary for the safety of the public. 1926-28 Op. Atty. Gen. 53.

§ 3580. Contract between town and company not affected.

Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or other construction.

History

Source. V.S. 1947, § 9521. P.L. § 6239. G.L. § 5171. P.S. § 4429. V.S. § 3847. R.L. § 3385. G.S. 28, § 43. 1855, No. 28 , § 4.

Prior law. 30 V.S.A. § 1375.

§ 3581. Warning devices and signs at grade crossings; exemption from stopping.

  1. A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade.
  2. The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as "exempt" and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days of such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix "exempt" signs in accordance with 23 V.S.A. § 1025 . The petitioner shall bear the expense of the exempt sign.
  3. At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an "exempt" crossing designation. The railroad and the person having control of the highway shall remove the "exempt" signs as directed by the Transportation Board.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153 , § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49 , § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a.

History

Source. V.S. 1947, § 9522. P.L. § 6240. G.L. § 5172. P.S. § 4430. 1906, No. 118 , § 18. V.S. § 3848. 1888, No. 27 . R.L. § 3386. G.S. 28, § 54. 1849, No. 41 , § 39.

Amendments--1993 (Adj. Sess.) Substituted "railroad crossing (crossbuck) signs conforming to the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended from time to time" for "warning devices of such description as the Transportation Board approves" following "maintain".

Amendments--1991 Substituted "devices" for "boards" following "warning" in the section heading, deleted "corporation" following "railroad" and "or street" following "public highway" and substituted "devices" for "boards" following "warning" in subsec. (a), rewrote subsecs. (b) and (c) and repealed subsecs. (d) and (e).

Amendments--1985 (Adj. Sess.) Rewrote the section heading, designated existing provisions of section as subsec. (a), substituted "transportation" for "public service" preceding "board" in that subsec., and added subsecs. (b)-(e).

Amendments--1971 (Adj. Sess.) Deleted subsec. (b) and designation "(a)" preceding remaining provisions of section.

Amendments--1967 Inserted "and stop signs" following "boards" in the catchline, designated existing provisions of section as subsec. (a) and added subsec. (b).

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service".

Prior law. 30 V.S.A. § 1376.

ANNOTATIONS

1. Absence of warning board.

Travelers in automobile approaching railroad crossing at grade had no right to assume that track would be clear, although warning board required by this section was absent. Gallagher v. Montpelier & Wells River Railroad, 100 Vt. 299, 137 A. 207 (1927).

Where it was not claimed, and evidence did not show, that absence of warning board at crossing directly contributed to accident, failure to maintain warning board, as required by this section, was not actionable. Gallagher v. Montpelier & Wells River Railroad, 100 Vt. 299, 137 A. 207 (1927).

§ 3582. Crossings; use of audible warning device.

  1. An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train's approach and shall be kept sounding until the train has crossed the highway.
  2. Notwithstanding subsection (a) of this section, the Agency, following the procedures set forth in 3 V.S.A. chapter 25, may prohibit the sounding of audible warning devices at public and private grade crossings equipped with the following safety features or other safety features of similar effect:
    1. Flashing lights in each direction which are automatically activated by approaching trains.
    2. Two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered.
    3. A bell that is automatically activated by the approaching train.
    4. Overhead street lights.
    5. Signs posted before the crossing in each direction warning motorists and pedestrians of the crossing ahead.
    6. Posted speed limits for traffic of not more than 40 miles per hour.
    7. Not more than two lanes of vehicular traffic in each direction at the crossing.
  3. No prohibition by the Agency under subsection (b) of this section shall become effective until the Federal Railroad Administration grants a waiver or exemption under 49 U.S.C. § 20153. The Agency shall promptly notify all affected railroads when a waiver or exemption is granted.
  4. A railroad operating a train over a crossing at which the Agency has prohibited the sounding of audible warning devices shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.
  5. Nothing in this section shall prohibit a railroad's use of an audible warning device in emergency circumstances.
  6. A municipality in which a crossing is located shall not, on the basis of the railroad's omission to sound an audible warning device because of a prohibition by the Agency under subsection (b) of this section, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5.

History

Source. 1953, No. 52 , §§ 1, 2. V.S. 1947, § 9523. P.L. § 6241. G.L. § 5173. P.S. § 4431. V.S. § 3849. R.L. § 3387. G.S. 28, § 55. 1849, No. 41 , § 38.

Reference in text. The Federal Railroad Administration, referred to in subsecs. (a) and (c), is vested under 49 U.S.C. § 103(g) to carry out duties and powers related to railroad safety vested in the Secretary of Transportation.

Amendments--1997 (Adj. Sess.). Subsec. (f): Added.

Amendments--1995 (Adj. Sess.) Subsec. (b): Amended generally.

Amendments--1993 (Adj. Sess.) Section amended generally.

Amendments--1959 (Adj. Sess.) Subsec. (b): Substituted "board" for "commission" following "public service".

Prior law. 30 V.S.A. § 1377.

ANNOTATIONS

Analysis

1. Construction.

This section imposes a duty on railroad companies, not only in reference to persons approaching or in the act of passing a crossing, but in reference to all persons who, being lawfully at or in the vicinity of a crossing, may be subjected to accident and injury by a passing train. Wakefield v. Connecticut & Passumpsic Rivers Railroad, 37 Vt. 330 (1864).

2. Application.

This section applies only to public highways. Boston & Maine Railroad v. Daniel, 290 F. 916 (2d Cir. 1923).

3. Speed.

The speed of a train should not be so great as to render unavailing the warning of its whistle, bell, or light. Canadian Pacific Railway v. Slayton, 29 F.2d 687 (2d Cir. 1928).

4. Duty of automobile drivers.

Failure of train to sound its whistle eighty rods from a railroad crossing, contrary to this section, does not excuse the driver of an automobile approaching the crossing from his duty to exercise due care for his own safety, but such failure is a circumstance to be taken into consideration in determining whether the driver exercised the requisite care. Baldwin v. State, 126 Vt. 70, 223 A.2d 556 (1966).

It is the duty of a driver to look and listen for approaching trains as he nears a railroad crossing and if, by such vigilant use of his sight and hearing as a prudent person would make under the circumstances, he might have discovered and avoided the danger, he will be guilty of contributory negligence if he omits such vigilance. Baldwin v. State, 126 Vt. 70, 223 A.2d 556 (1966).

Although any shortage in a train's duty under subsection (a) of this section to sound its whistle or bell when approaching a crossing will not excuse the driver of a motor vehicle from his duty to exercise due care for his own safety, such shortage is a circumstance to be taken into consideration in determining whether or not the driver exercised the requisite care, since negligence cannot be imputed to one who is deceived by circumstances calculated to mislead a prudent person. Starr's Transportation, Inc. v. St. Johnsbury & Lamoille County Railroad, 123 Vt. 376, 189 A.2d 525 (1963).

5. Burden of proof.

In action against railroad company to recover for death of one killed in collision at railroad grade crossing, while riding in an automobile as guest, plaintiff had burden of showing defendant's noncompliance with requirements of this section. Lefebvre's Administrator v. Central Vermont Railway, 99 Vt. 366, 133 A. 359 (1926).

When injury is caused by failure to comply with this section, the burden of showing that the omission was, under the circumstances, reasonable and prudent, is on the railroad. Howe v. Central Vermont Railway, 91 Vt. 485, 101 A. 45 (1917).

Cited. Lefebvre's Administrator v. Central Vermont Railway, 97 Vt. 342, 123 A. 211 (1924).

§ 3583. Penalty.

When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.

History

Source. V.S. 1947, § 9524. P.L. § 6242. G.L. § 5174. P.S. § 4432. V.S. § 3850. R.L. § 3388. G.S. 28, § 56. 1849, No. 41 , § 40.

Prior law. 30 V.S.A. § 1378.

§ 3584. Gates, electric signals, flaggers.

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

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267 , § 3, eff. Aug. 1, 1961; 1969, No. 76 , § 8; 1971, No. 253 (Adj. Sess.), § 9, eff. April 7, 1972; 1993, No. 172 (Adj. Sess.), § 54.

History

Source. V.S. 1947, § 9525. 1947, No. 202 , § 9657. P.L. § 6243. G.L. § 5175. P.S. § 4433. 1906, No. 119 , § 1. V.S. § 3851. 1888, No. 26 , § 1.

2017. In the second sentence, deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Amendments--1993 (Adj. Sess.) Substituted "flaggers" for "flagmen" in the section heading, and inserted "or registered voters or residents" following "freeholders" in two places and substituted "flagger" for "flagman" preceding "to be stationed" and "transportation" for "public service" preceding "board" in the first sentence.

Amendments--1971 (Adj. Sess.) Deleted "with its consent" following "municipality" in the second sentence.

Amendments--1969 Section amended generally.

Amendments--1961 Rewrote the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1379.

ANNOTATIONS

Analysis

1. Construction.

This section did not give the Public Service Commission [now Board] authority to order gates at crossing at grade outside of villages or cities merely because of situation created by such crossings. Sabre v. Rutland Railroad, 86 Vt. 347, 85 A. 693 (1913).

2. Appeals from orders.

Where Transportation Board order allocating annual maintenance costs of signal at railroad grade crossing equally between town and railroad directed the parties to agree on a computation of the annual maintenance costs to be used as a base for the allocation and provided that if the board did not receive the agreement for approval by a specified time the board would compute the annual maintenance costs, since the ultimate issue litigated by the parties was whether the actual amount they would be required to contribute toward maintenance of the crossing was "just and equitable," as required by this section, in the absence of an established annual maintenance cost figure, the board's order was not a final appealable order under section 3104(c) of Title 3 (now § 5(c) of Title 19). In re Central Vermont Railway, 148 Vt. 177, 530 A.2d 579 (1987).

Cited. McGovern v. Smith, 73 Vt. 52, 50 A. 549 (1901); In re Central Vermont Railway, 152 Vt. 292, 565 A.2d 1358 (1989).

§ 3585. Procedure for payment of State's portion of cost.

In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of the cost incurred by the State agency, municipality, corporation, or person responsible for compliance with the order, with an affidavit of an appropriate officer or person that the costs shown on the statement were incurred and are reasonable to the best of the officer's or person's knowledge and belief. Upon approval by the Board of the statement and its certification to the Commissioner of Finance and Management, the State Treasurer shall issue a warrant to pay the State's portion of the cost in accordance with the order of the Board.

Added 1966, No. 4 (Sp. Sess.), eff. Feb. 17, 1966; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 172 (Adj. Sess.), § 55.

History

2011. Substituted a period for a comma following "belief" and capitalized "upon" to correct a grammatical error.

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" following "title, the".

Amendments--1983 (Adj. Sess.) Inserted "and information support" following "commissioner of finance".

Prior law. 30 V.S.A. § 1380.

Cross References

Cross references. Approval of claims for reimbursement by State, see § 3592 of this title.

§ 3586. Obstructing crossings; penalty.

A person, corporation, or the agents or employees thereof, owning or operating a railroad, who willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.

History

Source. V.S. 1947, § 9526. P.L. § 6244. G.L. § 5176. P.S. § 4434. R. 1906, § 4287. V.S. § 3853. 1882, No. 39 , § 1. R.L. § 3391. G.S. 28, § 44.

Prior law. 30 V.S.A. § 1381.

§ 3587. Obstructing crossing more than five minutes; penalty; exemption.

  1. When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time. A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.
  2. The provisions of this section shall not apply to:
    1. any grade crossings now existing or hereinafter established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and
    2. the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12).

      Amended 1993, No. 211 (Adj. Sess.), § 22, eff. June 17, 1994; 2005, No. 175 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 9527. 1947, No. 202 , § 9659. P.L. § 6245. G.L. § 5177. 1908, No. 104 , § 1. P.S. § 4435. V.S. § 3854. 1882, No. 39 , § 2. R.L. § 3392. G.S. 25, § 68. 1856, No. 34 , § 1.

Amendments--2005 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1993 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a), deleted "owning and" preceding "operating" and "tender" following "engine" and inserted "railroad" preceding "car" in the first sentence of that subsec., and added subsec. (b).

Prior law. 30 V.S.A. § 1382.

ANNOTATIONS

1. Violations.

Where automobile was not stopped before striking train because of greasy condition of the highway, defendant's occupation of crossing more than five minutes in violation of this section was not proximate cause of accident. Gilman v. Central Vermont Railway, 93 Vt. 340, 107 A. 122 (1919).

§ 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.

History

Source. V.S. 1947, § 9528. 1947, No. 202 , § 9660. P.L. §§ 6246, 6248. G.L. §§ 5178, 5180. P.S. §§ 4336, 4338. V.S. §§ 3855, 3857. R.L. §§ 3393, 3395. 1880, No. 69 , §§ 1, 3.

Prior law. 30 V.S.A. § 1383.

§ 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.

History

Source. V.S. 1947, § 9529. P.L. § 6247. G.L. § 5179. P.S. § 4437. V.S. § 3856. R.L. § 3394. 1880, No. 69 , § 2.

Revision note. Deleted "of tort" following "action" to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under § 219 of Title 4.

Prior law. 30 V.S.A. § 1384.

§ 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.

History

Source. V.S. 1947, § 9530. P.L. § 6249. G.L. § 5181. P.S. § 4439. V.S. § 3858. R.L. § 3396. G.S. 28, § 45. 1855, No. 25 , § 1.

Prior law. 30 V.S.A. § 1385.

§ 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.

History

Source. V.S. 1947, § 9531. 1947, No. 202 , § 9663. P.L. § 6250. G.L. § 5182. P.S. § 4440. V.S. § 3859. R.L. § 3397. G.S. 28, § 46. 1855, No. 25 , § 2.

2014. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 30 V.S.A. § 1386.

§ 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.

Cross References

Cross references. Procedure for payment of State's portion of costs, see § 3585 of this title.

§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces.

  1. Definitions.  For purposes of 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.
  2. 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.
  3. 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.
  4. Maintenance of crossing surface.  The Agency shall be responsible for maintenance, repair, replacement, and installation of highway surfaces at public rail-highway crossings.
  5. 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.
  6. Rulemaking.  The Secretary may adopt rules to implement this program.

    Added 1999, No. 18 , § 8, eff. May 13, 1999.

History

Reference in text. The Federal Railroad Administration, referred to in subsec. (c), is vested under 49 U.S.C. § 103(g) to carry out duties and powers related to railroad safety vested in the Secretary of Transportation.

Subchapter 3. Crossing or Connecting With Another Railroad

§ 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 therefor 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.

History

Source. V.S. 1947, § 9532. P.L. § 6251. G.L. § 5183. P.S. § 4441. 1906, No. 118 , § 19. V.S. 3860. R.L. § 3398. 1872, No. 2 , 7. G.S. 28, § 86. 1849, No. 41 , § 52.

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" preceding "board" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the second sentence.

Prior law. 30 V.S.A. § 1431.

ANNOTATIONS

1. Application.

The provisions of this section apply when one of the roads in question is a street railroad, incorporated to do the business of a railroad in the transportation of passengers and freight. Rutland Railroad v. Bellows Falls & Saxton's River Street Railway, 73 Vt. 20, 50 A. 636 (1900).

§ 3613. Foreign corporations may hold real estate, when.

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.

History

Source. V.S. 1947, § 9533. P.L. § 6252. G.L. § 5184. P.S. § 4442. 1898, No. 69 , § 1.

Prior law. 30 V.S.A. § 1432.

§ 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.

History

Source. V.S. 1947, § 9534. P.L. § 6253. G.L. § 5185. P.S. § 4443. V.S. § 3861. R.L. § 3399. 1865, No. 3 , §§ 1, 2. G.S. 28, § 84. 1849, No. 41 , § 49.

Prior law. 30 V.S.A. § 1433.

§ 3615. Terms with two competing roads which intersect.

When a railroad is intersected by two or more railroads which are competing lines for business to or from the road so intersected, the managers of such road shall transport cars, passengers, baggage, and freight to and from each of such intersecting roads on the same terms, and shall not establish rules, regulations, or terms of connection that will give to either of such competing roads an unreasonable advantage over the other. If the managers of such roads cannot agree upon any of the terms aforesaid, 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.

History

Source. V.S. 1947, § 9535. P.L. § 6254. G.L. § 5186. P.S. § 4444. 1906, No. 118 , § 20. V.S. § 3862. R.L. § 3399. 1865, No. 3 , §§ 1, 2. G.S. 28, § 84. 1849, No. 41 , § 49.

Amendments--1993 (Adj. Sess.) Substituted "notice" for "summons" following "petition" and "transportation" for "public service" preceding "Board" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" at the end of the section.

Prior law. 30 V.S.A. § 1434.

§ 3616. Connection of passenger trains; Board may determine.

The Board may determine the time or times when the passenger trains of connecting railroads shall connect with each other, having in view the convenience of the traveling public, and may make all necessary rules and regulations respecting the manner of such connections. Such determination and order may be made on petition of either of the connecting roads, or of twenty or more freeholders of the vicinity, duly served and heard. The Board, at any time, may change such order, on petition, service thereof and hearing.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9536. P.L. § 6255. G.L. § 5187. P.S. § 4445. 1906, No. 118 , § 21. V.S. § 3863. 1882, No. 38 , § 1.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1435.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 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.

History

Source. V.S. 1947, § 9537. P.L. § 6256. G.L. § 5188. P.S. § 4446. 1906, No. 118 , § 22. V.S. § 3866. R.L. § 3402. 1872, No. 2 , § 7. 1865, No. 3 , § 3.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "on due service" in the second sentence.

Prior law. 30 V.S.A. § 1436.

§ 3618. Intersection of railroads; stopping trains.

All trains or engines run upon a railroad in this State which 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.

History

Source. V.S. 1947, § 9538. P.L. § 6257. 1927, No. 90 . G.L. § 5189. P.S. § 4448. 1902, No. 69 , § 1. V.S. § 3869. R.L. § 3405. 1880, No. 71 , § 1.

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" preceding "board" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the second sentence.

Prior law. 30 V.S.A. § 1437.

§ 3619. Penalty.

An engineer who violates a provision of section 3618 of this title shall be fined $100.00, and the corporation on whose road the offense is committed shall be fined the further sum of $300.00.

History

Source. V.S. 1947, § 9539. P.L. § 6258. G.L. § 5190. P.S. § 4449. V.S. § 3870. R.L. § 3406. 1880, No. 71 , § 2.

Prior law. 30 V.S.A. § 1438.

Subchapter 4. Farm Crossings, Cattle Guards, Fences, and Watercourses

§ 3639. Farm crossings and cattle guards; construction and maintenance.

  1. A person or corporation 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 therein. If no such mutual agreement can be reached by such interested parties, then a person or corporation owning or operating a railroad and desiring to close any farm crossing shall make application to the Transportation Board. The Board shall thereupon give notice to all parties interested, in such manner as the Board may direct, of hearing on the application, the hearing to be in the county where such crossing is located. After the hearing, a person or corporation 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 or corporation owning or operating a railroad may notify the Transportation Board by registered or certified mail of the closing, and thereupon 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 such other order as is permitted in section 3649 of this title. At any such hearing, the burden of proof shall rest with the person or persons effecting or seeking to effect the closing of such farm crossing. Any person aggrieved by an order of the Transportation Board may, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, appeal to the Superior Court, whereupon such cause shall be tried as an original action brought under the provisions of 12 V.S.A. § 402 .
  2. A person or railroad corporation 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 his or her 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.

History

Source. 1957, No. 244 . V.S. 1947, § 9541. P.L. § 6260. G.L. § 5192. P.S. § 4450. V.S. § 3871. R.L. § 3407. G.S. 28, § 47. 1849, No. 41 , § 44.

Amendments--2019 Subsec. (a): Substituted "as set forth in this subsection" for "as hereinbefore provided" at the end of the seventh sentence.

Amendments--2017 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1993 (Adj. Sess.) Subsec. (a): Substituted "transportation" for "public service" wherever it appeared, deleted "who believes himself" preceding "aggrieved" in the sixth sentence, and substituted "in accordance with Rule 75 of the Vermont Rules of Civil Procedure" for "by petition" preceding "appeal" in the tenth sentence.

Subsec. (b): Inserted "or her" following "his".

Amendments--1973 (Adj. Sess.) Subsec. (a): Substituted "superior" for "county" preceding "court" in the last sentence.

Amendments--1959 (Adj. Sess.) Subsec. (a): Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1471.

Cross References

Cross references. Liability for damage to animals on railroad, see § 3645 of this title.

ANNOTATIONS

Analysis

1. Construction.

Term "cattle guards," as used in this section, includes such cattle guard fences as are necessary to effect the purpose of this section. Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

2. Construction with other laws.

The fact that agister having charge of plaintiff's mare violated section 3647 of this title in permitting the mare to go at large within the limits of a railroad did not affect plaintiff's action against railroad company based on this section and section 3645 of this title, governing liability for damages to animals caused by want of cattle guards. Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

3. Purpose.

This section and section 3645 of this title, governing liability for damages to animals caused by want of cattle guards, were intended to protect travelers, riding in trains on railroads, from accidents that might occur by reason of animals being at large upon the railroad track for want of sufficient cattle guards at road and farm crossings, as well as to compensate owners for animals injured for want thereof. Quimby v. Boston & Maine Railroad, 71 Vt. 301, 45 A. 223 (1899).

4. Farm crossings.

This section does not require that every farm crossing be so constructed as to need cattle guards. Libby v. Canadian Pacific Railway, 82 Vt. 316, 73 A. 593 (1909).

5. Road crossings.

This section applies to private road crossings as well as to public highway crossings. Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

6. Sufficiency of cattle guard.

In determining the sufficiency of a cattle guard, the question is not, could an animal, under any circumstances, cross it, but rather, will it, under all ordinary circumstances, prevent animals from getting on the track. Wait v. Bennington & Rutland Railroad, 61 Vt. 268, 17 A. 284 (1889).

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

§ 3640. Board, when parties disagree.

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.

History

Source. V.S. 1947, § 9542. P.L. § 6261. 1933, No. 116 . G.L. § 5193. 1917, No. 254 , § 5072. P.S. § 4451. V.S. § 3872. R.L. § 3408. G.S. 28, § 49. 1849, No. 41 , § 46.

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" preceding "board" in the first sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1472.

ANNOTATIONS

Cited. Libby v. Canadian Pacific Railway, 82 Vt. 316, 73 A. 593 (1909).

§ 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.

History

Source. V.S. 1947, § 9543. P.L. § 6262. G.L. § 5194. P.S. § 4452. V.S. § 3873. 1884, No. § 24.

Reference in text. The "provisions of law" referred to at the beginning of the section is probably 24 V.S.A. § 3801.

Prior law. 30 V.S.A. § 1473.

§ 3642. Fences; construction and maintenance.

  1. 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.
  2. 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 which 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.

History

Source. V.S. 1947, § 9544. P.L. § 6263. G.L. § 5195. P.S. § 4453. V.S. § 3874. R.L. § 3409. G.S. 28, §§ 47, 50. 1850, No. 51 , § 1.

Amendments--1977 (Adj. Sess.) Designated existing provisions of section as subsec. (a), added "along land of an operating farm adjacent to the railroad" following "fence" at the end of that subsec., and added subsec. (b).

Prior law. 30 V.S.A. § 1474.

Cross References

Cross references. Liability for damage to animals on railroad, see § 3645 of this title.

ANNOTATIONS

Analysis

1. Constitutionality.

Subsection (a) of this section, imposing a duty upon railroads to construct and maintain fences without imposing a similar requirement upon trucking companies, does not violate the equal protection rights of railroads, as the duty is reasonable and fair. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

2. Construction.

Duty of railroad to fence its right of way is one owed only to the owner or rightful occupier of the land abutting the right of way. Brown v. Central Vermont Railway, 121 Vt. 340, 157 A.2d 219 (1960).

Duty of railroad to erect and maintain fences along its right of way is owed to the rightful occupier of the adjoining premises as well as to the owner thereof. Abell v. Central Vermont Railway, 118 Vt. 189, 102 A.2d 847 (1954).

The duty to fence the sides of its road imposed upon a railroad by this section is owed, at any given point, to the immediate abutter only. Delphia v. Rutland Railroad, 76 Vt. 84, 56 A. 279 (1903).

Obligation of railroad companies to fence their roads extends to the owner or rightful occupier of adjoining fields and not to mere trespassers therein. Jackson v. Rutland & Burlington Railroad, 25 Vt. 150 (1853); James Morse & Bros. v. Rutland & Burlington Railroad, 27 Vt. 49 (1854); Bemis v. Connecticut & Passumpsic Rivers Railroad, 42 Vt. 375 (1869).

3. Purpose.

This section clearly demonstrates a legislative intent to protect persons whose property adjoins or abuts that of the railroad. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

This section is for the protection of landowners, through whose land the road runs, in any lawful use which they might wish to make of their lands. Smith v. Barre Railroad, 64 Vt. 21, 23 A. 632 (1892).

4. Location of fence.

Requirement of this section that railroad construct and maintain fences on the sides of its road contemplates construction and maintenance within the limits of the railroad right of way without encroachment on the rights of abutting owners. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

Duty of railroad to fence applies only to its right of way and not to interior fences on adjoining lands. Brown v. Central Vermont Railway, 121 Vt. 340, 157 A.2d 219 (1960).

5. Type of fence.

Railroad may be enjoined from planting trees as fence when such trees damage adjoining land. Brock v. Connecticut & Passumpsic Rivers Railroad, 35 Vt. 373 (1862).

6. Noncompliance.

This section imports full responsibility for damages resulting from failure to fence the sides of a railroad, regardless of the particular manner in which such damages result. Davis v. Central Vermont Railway, 88 Vt. 460, 92 A. 973 (1915).

7. Landowner's duty.

It is the duty of the landowner, for whom a fence is maintained as required by this section, to keep a gate therein closed. Dodge Brothers v. Central Vermont Railway, 92 Vt. 454, 104 A. 873 (1918).

Cited. Mead v. Burlington & Lamoille Railroad, 52 Vt. 278 (1880); Congdon v. Central Vermont Railroad, 56 Vt. 390 (1883); Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

§ 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.

History

Source. V.S. 1947, § 9545. P.L. § 6264. G.L. § 5196. P.S. § 4454. R. 1906, § 4310. V.S. § 3875. R.L. § 3410. G.S. 28, §§ 51, 52. 1850, No. 51 , §§ 2, 3, 4.

2014. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note - Deleted "of contract" following "action" in the third sentence to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1475.

ANNOTATIONS

1. Damages.

Recovery may be permitted by landowner from railroad for interference with normal farming purposes as result of failure to maintain adequate, properly located fence only in instances of noncompliance with an order of the public service board [now transportation board], and recovery may be limited, prior to such order, to recovery of cost of fence construction and damage to animals on the tracks. Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

§ 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.

History

Source. V.S. 1947, § 9546. P.L. § 6265. G.L. § 5197. P.S. § 4455. R. 1906, § 4311. V.S. § 3876. R.L. § 3411. G.S. 28, § 48. 1849, No. 41 , § 45.

Prior law. 30 V.S.A. § 1476.

§ 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.

History

Source. V.S. 1947, § 9547. P.L. § 6266. G.L. § 5198. P.S. § 4456. V.S. § 3877. R.L. § 3412. G.S. 28, § 47. 1847, No. 41 , § 44.

Prior law. 30 V.S.A. § 1477.

ANNOTATIONS

Analysis

1. Construction with other laws.

The fact that agister having charge of plaintiff's mare violated section 3647 of this title in permitting the mare to go at large within the limits of a railroad did not affect plaintiff's action against railroad company based on section 3639 of this title, governing construction and maintenance of cattle guards, and this section. Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

2. Purpose.

Section 3639 of this title, governing construction and maintenance of cattle guards, and this section were intended to protect travelers, riding in trains on railroads, from accidents that might occur by reason of animals being at large upon the railroad track for want of sufficient cattle guards at road and farm crossings, as well as to compensate owners for animals injured for want thereof. Quimby v. Boston & Maine Railroad, 71 Vt. 301, 45 A. 223 (1899).

3. Agents.

An engineer is an agent within the meaning of this section. St. Johnsbury & Lake Champlain Railroad v. Hunt, 59 Vt. 294, 7 A. 277 (1887).

The lessee of a railroad is an agent within the meaning of this section. Clement v. Canfield, 28 Vt. 302 (1856).

4. Liability.

Railroad which fails to maintain fence between tracks and highway is liable for injury to cattle which escape through fence maintained by occupier of land across highway. Abell v. Central Vermont Railway, 118 Vt. 189, 102 A.2d 847 (1954).

Railroads were liable for damages done by their agents or engines to cattle, horses or other animals, if occasioned by want of cattle guards, without regard to whether such animals were lawfully on road crossing or not. Harwood's Administratrix v. Bennington & Rutland Railway, 67 Vt. 664, 32 A. 721 (1895); Quimby v. Boston & Maine Railroad, 71 Vt. 301, 45 A. 223 (1899); Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

Where landowner contracted to pasture plaintiff's horse in an adjoining pasture, from which he suffered it to escape on his meadow, horse was lawfully in meadow as regards railroad company, and plaintiff could recover if it passed therefrom onto track and was injured through insufficiency of defendant's fences. Smith v. Barre Railroad, 64 Vt. 21, 23 A. 632 (1892).

5. Pleading.

Where declaration did not allege that defendants were a railroad corporation, but only described them as being in possession, use and occupation of said railroad as individuals, without stating that they were agents of a railroad corporation, or in what character or capacity they were using the road, counts were insufficient as not coming within the words of this section. Cooley v. Brainerd, 38 Vt. 394 (1866).

6. Defenses.

In an action against railroad company for not maintaining sufficient cattle guard, whereby plaintiff's horse passed from highway onto track and was injured, it was no defense that horse escaped from control of owner, who was lawfully leading it along highway, through his neglect. Harwood's Administratrix v. Bennington & Rutland Railway, 67 Vt. 664, 32 A. 721 (1895).

Contributory negligence is not applicable in an action brought under this section. Mead v. Burlington & Lamoille Railroad, 52 Vt. 278 (1880); Burnham v. Rutland Railroad, 88 Vt. 34, 90 A. 792 (1914); Brown v. Central Vermont Railway, 121 Vt. 340, 157 A.2d 219 (1960).

§ 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.

History

Source. V.S. 1947, § 9548. P.L. § 6267. 1931, No. 103 , § 1. G.L. § 5199. P.S. § 4457. V.S. § 3878. R.L. § 3413. G.S. 28, § 47. 1849, No. 41 , § 44.

Revision note. Deleted "of tort" following "action" to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Amendments--1967 (Adj. Sess.) Inserted "or a snowmobile" following "motor vehicle".

Prior law. 30 V.S.A. § 1478.

§ 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.

History

Source. V.S. 1947, § 9549. P.L. § 6268. G.L. § 5200. P.S. § 4458. V.S. § 3879. R.L. § 3414. G.S. 28, § 80. 1849, No. 41 , § 47.

Revision note. Deleted "of tort" following "action" to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1479.

ANNOTATIONS

1. Construction with other laws.

The fact that agister having charge of plaintiff's mare violated this section in permitting the mare to go at large within the limits of a railroad did not affect plaintiff's action against railroad company based on sections 3639 and 3645 of this title, governing construction and maintenance of cattle guards and liability for damages to animals caused by want thereof. Aldrich v. Boston & Maine Railroad, 91 Vt. 379, 100 A. 765 (1917).

§ 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 which 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.

History

Source. V.S. 1947, § 9550. P.L. § 6269. G.L. § 5201. 1917, No. 254 , § 5080. P.S. § 4459. 1906, No. 120 , § 1. V.S. § 3880. R.L. § 3415. G.S. 28, § 53. 1851, No. 49 , § 4.

Amendments--1993 (Adj. Sess.) Substituted "10" for "ten", inserted "or certified" preceding "letter", deleted "in this state" preceding "may make", substituted "transportation" for "public service" preceding "board" and inserted "or she" following "he" in the first sentence, and inserted "or certified" following "registered" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service" in the first sentence and preceding "shall give" in the second sentence.

Prior law. 30 V.S.A. § 1480.

ANNOTATIONS

Analysis

1. Construction.

This section allows any person whose property adjoins a railroad right of way, regardless of whether or not the landowner's property is bifurcated by the right of way, to petition the Transportation Board for redress when aggrieved by the neglect or default of the railroad in constructing or maintaining fences. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

2. Jurisdiction.

The Transportation Board properly exercised its authority in hearing the complaint of landowner alleging the need for repair of fence owned by railroad, where the railroad ran alongside of landowner's property, even if this section was held not to grant jurisdiction, since the Board's jurisdiction under chapter 62 of this title, setting forth the powers and duties of the Board relating to railroads, is broad enough so that once the complaint of neglect was brought to its attention, by whatever means, it retained jurisdiction. Noble v. Delaware & Hudson Railway, 142 Vt. 156, 453 A.2d 1109 (1982).

Cited. Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

§ 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 which it is not legally bound to do, nor to comply with such order until ten days after being served with a copy thereof.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9551. P.L. § 6270. G.L. § 5202. P.S. § 4460. 1906, No. 120 , § 2. V.S. § 3881. R.L. § 3416. G.S. 28, § 53. 1851, No. 49 , § 4.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" at the end of the catchline and preceding "may make" in the first sentence.

Prior law. 30 V.S.A. § 1481.

ANNOTATIONS

1. Jurisdiction.

Where dispute concerning maintenance of ditch and fence between railroad and adjoining landowner resulted in hearing before public service board [now transportation board] and parties entering stipulation for discontinuance and settlement agreement, without board's issuing formal order of discontinuance, matter was no longer pending before board and trial court's refusal to entertain jurisdiction upon ground that board had original jurisdiction was error. Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

§ 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 therefor by the Board, shall be fined not more than $25.00 for each day's failure. Such corporation shall be further liable to the party aggrieved for the damages he or she sustains in consequence of such failure.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9552. P.L. § 6271. G.L. § 5203. P.S. § 4461. 1906, No. 120 , § 3. V.S. § 3882. R.L. § 3417. G.S. 28, § 53. 1851, No. 49 , § 4.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "has extended" and "shall be fined" in the first sentence.

Prior law. 30 V.S.A. § 1482.

ANNOTATIONS

1. Jurisdiction.

Fines and damages provided for in this section upon failure to comply with an order of the Board are not within the jurisdiction of the Board to impose or award; imposition of fines is a matter for the criminal courts and an award of individual damages a matter for the civil courts. Gloss v. Delaware & Hudson Railroad, 135 Vt. 419, 378 A.2d 507 (1977).

Subchapter 5. Bridges, Tracks, Stations, and Equipment

§ 3670. Clearance standards; variance.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

History

Reference in text. The "American Railway Engineering Association" referenced in subsec. (a) of this section has been succeeded by the American Railway Engineering and Maintenance-of-Way Association.

Amendments--2017 (Adj. Sess.). Subsec. (d): Substituted "before July 1, 1990" for "on the effective date of this act".

Amendments--1993 (Adj. Sess.) Subsec. (b): Added "subject to the approval of the transportation board" preceding "a variance".

Prior law. 30 V.S.A. § 1501.

§ 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.

History

Source. V.S. 1945, § 9568. P.L. § 6287. G.L. § 5219. P.S. § 4476. V.S. § 3894. 1882, No. 40 , § 1.

Amendments--1969 Rewrote the catchline and substituted "before August 1" for "between July 1 and 15" following "destroyed".

Prior law. 30 V.S.A. § 1536.

ANNOTATIONS

1. Purpose.

The primary purpose of this section is to prevent the spread of thistles and noxious weeds from railroad lands to those of adjoining owners. Lawrence v. Rutland Railroad, 112 Vt. 523, 28 A.2d 488 (1942), cert. denied, 317 U.S. 693, 63 S. Ct. 434, 87 L. Ed. 555 (1943).

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

§ 3672. Repealed. 2017, No. 158 (Adj. Sess.), § 13.

History

Former § 3672. Former § 3672, relating to selectboard members' duties; recovery, was derived from V.S. 1947, § 9569; P.L. § 6288; G.L. § 5220; P.S. § 4477; V.S. § 3895; 1882, No. 40 , § 2, and amended by 1969, No. 97 , § 2.

Annotations From Former § 3672

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

§ 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.

History

Source. V.S. 1947, § 9570. P.L. § 6289. G.L. § 5221. P.S. § 4478. 1904, No. 93 , § 1.

Amendments--2017 (Adj. Sess.). Rewrote section.

Amendments--1969 Substituted "destroyed at reasonable times" for "cut" preceding "within".

Prior law. 30 V.S.A. § 1538.

ANNOTATIONS

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968); Graham v. Canadian National Ry., 749 F. Supp. 1300 (D. Vt. 1990).

§ 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.

History

Source. V.S. 1947, § 9571. P.L. § 6290. G.L. § 5222. P.S. § 4479. 1904, No. 93 , § 2.

2014. In section heading, substituted "selectboard members'" for "selectmen's", and throughout the section, substituted "selectboard members'" for "selectmen", in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Rewrote section.

Amendments--1969 Section amended generally.

Prior law. 30 V.S.A. § 1539.

ANNOTATIONS

1. Notice.

It is prerequisite to liability under this section that notice be given as specified. Howe v. Central Vermont Railway, 91 Vt. 485, 101 A. 45 (1917).

Cited. Town of Fairlee v. Boston & Maine Corp., 127 Vt. 215, 244 A.2d 53 (1968).

Subchapter 6. Schedules, Charges, and Facilities

§ 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 ten cents 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 which 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.

History

Source. V.S. 1947, § 9573. 1947, No. 202 , § 9705. P.L. § 6292. G.L. § 5228. P.S. § 4484. 1906, No. 121 , §§ 1, 2.

Prior law. 30 V.S.A. § 1572.

§ 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.

History

Source. V.S. 1947, § 9574. P.L. § 6293. G.L. § 5229. P.S. § 4485. V.S. § 3901. R.L. § 3427. G.S. § 69. 1850, No. 50 .

Revision note. Deleted "of contract" following "action" in the last sentence to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1573.

Cross References

Cross references. Connecting roads, see § 3698 of this title.

ANNOTATIONS

1. Party aggrieved.

The party aggrieved by a violation of this section is the one from whom the overcharge is demanded and collected, and does not include his vendee from whom he recoups for the overcharge by an adjustment of the price of the commodity so shipped based on freight charges exacted. State v. Central Vermont Railway, 81 Vt. 459, 71 A. 193 (1908).

§ 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.

History

Source. V.S. 1947, § 9575. P.L. § 6294. G.L. § 5230. 1908, No. 105 , § 1.

Prior law. 30 V.S.A. § 1574.

§ 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.

History

Source. V.S. 1947, § 9576. P.L. § 6295. G.L. § 5231. P.S. § 4486. V.S. § 3902. 1882, No. 36 , § 1.

Prior law. 30 V.S.A. § 1575.

Cross References

Cross references. Civil liability for violation of section, see § 3695 of this title.

Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

ANNOTATIONS

Analysis

1. Common law.

This section is declaratory of the common law, not prohibiting all discriminations but only such as are unreasonably unequal. State v. Central Vermont Railway, 81 Vt. 463, 71 A. 194 (1908).

2. Construction.

This section does not intend an arbitrary rule of absolute equality, but means no more than that each class shall be furnished such facilities and accommodations as the amount and character of its business reasonably and justly demand. Residents of Royalton v. Central Vermont Railway, 100 Vt. 443, 138 A. 782 (1927).

The word "terms" in this section includes charges for transportation. State v. Central Vermont Railway, 81 Vt. 463, 71 A. 194 (1908).

3. Jurisdiction.

Jurisdiction of the public service commission [now board] is broad enough to include questions arising under this section. Residents of Royalton v. Central Vermont Railway, 100 Vt. 443, 138 A. 782 (1927).

§ 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.

History

Source. V.S. 1947, § 9577. P.L. § 6296. G.L. § 5232. P.S. § 4487. V.S. § 3903. 1882, No. 36 , § 2.

Prior law. 30 V.S.A. § 1576.

Cross References

Cross references. Charges by single railroad, see § 3695 of this title.

§ 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.

History

Source. V.S. 1947, § 9578. P.L. § 6297. G.L. § 5233. P.S. § 4488. V.S. § 3904. 1882, No. 36 , §§ 3, 4.

Revision note. Deleted "of tort" following "action" in the first sentence to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1577.

§ 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.

History

Source. V.S. 1947, § 9579. 1947, No. 202 , § 9711. P.L. § 6298. G.L. § 5234. P.S. § 4489. 1906, No. 124 , §§ 1, 2, 3.

Revision note. Deleted "of tort" following "action" in the last sentence to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1578.

ANNOTATIONS

1. Equal and reasonable terms.

Reasonable and equal terms for one company are not reasonable and equal terms for another, unless conditions are substantially the same; and hence mere refusal of railroad company, on request of telephone company, to place instrument in its station, and grant to it "the same terms and conditions," or "the same equal arrangements or facilities" as it had granted another telephone company, does not show a violation of this section. State v. Boston & Maine Railroad, 82 Vt. 121, 71 A. 1044 (1909).

Subchapter 7. Operating Railroads

§ 3720. Repealed. 1995, No. 183 (Adj. Sess.), § 9b, eff. May 22, 1996.

History

Former § 3720. Former § 3720, relating to the regulation of sounding whistles and ringing bells by railroads, was derived from V.S. 1947, § 9540; P.L. § 6259; G.L. § 5191; 1910, No. 148 , §§ 1, 2; and amended by 1959, No. 329 (Adj. Sess.), § 39(b) and 1995, No. 60 , § 36.

§ 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.

History

Source. V.S. 1947, § 9588. P.L. § 6307. G.L. § 5243. P.S. § 4497. V.S. § 3912. R.L. § 3431. G.S. 28, § 60. 1849, No. 41 , § 58.

2011. Added semicolons and added "or" before "his or her baggage" to correct grammatical errors in the second sentence.

Prior law. 30 V.S.A. § 1629.

§ 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 which accrue in consequence thereof.

History

Source. V.S. 1947, § 9589. P.L. § 6308. G.L. § 5244. P.S. § 4498. V.S. § 3913. R.L. § 3432. G.S. 28, § 59. 1853, No. 46 , § 1.

Prior law. 30 V.S.A. § 1630.

§ 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.

History

Source. V.S. 1947, § 9591. P.L. § 6310. G.L. § 5246. P.S. § 4500. V.S. § 3915. 1886, No. 22 , 1. R.L. § 3434. G.S. 28, § 58. 1860, No. 38 . 1849, No. 41 , § 57.

Prior law. 30 V.S.A. § 1632.

Cross References

Cross references. Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

§ 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.

History

Source. V.S. 1947, § 9592. 1947, No. 202 , § 9724. P.L. § 6311. G.L. § 5247. P.S. § 4501. V.S. § 3916. 1886, No. 22 , § 2.

Revision note. Deleted "of tort" following "action" to conform reference to V.R.C.P. 2 pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Prior law. 30 V.S.A. § 1633.

§ 3725. Refusal to pay fare; penalty.

A person entering as a passenger upon a railroad train and refusing to pay his fare shall be fined not more than $20.00 nor less than $2.00.

History

Source. V.S. 1947, § 9593. P.L. § 6312. G.L. § 5248. P.S. § 4502. V.S. § 3917. R.L. § 3435.

Prior law. 30 V.S.A. § 1634.

Cross References

Cross references. Criminal penalty for failure to pay fare, see § 3735 of this title.

§ 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.

History

Source. V.S. 1947, § 9594. P.L. § 6313. G.L. § 5249. P.S. § 4503. 1906, No. 118 , 28. V.S. § 3918. 1894, No. 89 . R.L. § 3436. G.S. 28, § 63. 1851, No. 49 , § 1.

Prior law. 30 V.S.A. § 1635.

§ 3727. Only company's engines to be run on road; penalty.

A locomotive, engine, or other power shall not run upon a railroad, except such as belong to and are controlled by the person or corporation owning and managing the road, unless by the consent of such person or corporation. An engineer or other person violating the provisions of this section shall be liable to the person or corporation for the damages thereby sustained, and shall be fined not more than $500.00. If a collision of trains results from the violation of this section, whereby a person is killed, such 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.

History

Source. V.S. 1947, § 9595. P.L. § 6314. G.L. § 5250. P.S. § 4504. V.S. § 3920. R.L. § 3438. 1876, No. 25 . G.S. 28, § 83. 1849, No. 41 , § 48.

Prior law. 30 V.S.A. § 1636.

Cross References

Cross references. Penalties for manslaughter, see 13 V.S.A. § 2304.

§ 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 which a person sustains by the employment or retention of such employee.

Amended 2017, No. 83 , § 161(1).

History

Source. V.S. 1947, § 9597. 1947, No. 202 , § 9729. P.L. § 6316. G.L. § 5252. P.S. § 4506. 1906, No. 118 , § 29. V.S. § 3922. R.L. § 3440. G.S. 28, § 67. 1851, No. 49 , § 3.

Amendments--2017. Substituted "alcohol" for "intoxicating liquor" in the section heading and for "intoxicating liquors" preceding "as a beverage" in the first sentence.

Prior law. 30 V.S.A. § 1638.

ANNOTATIONS

1. Knowledge.

To fix the liability imposed by this section on a railroad company for employing one known to use intoxicating liquor as a beverage, the knowledge required is personal and cannot be imputed. Staten v. Central Vermont Railway, 91 Vt. 531, 102 A. 97 (1917).

§ 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).

History

Source. V.S. 1947, § 9598. P.L. § 6317. G.L. § 5253. P.S. § 4507. 1906, No. 118 , § 30. V.S. § 3923. R.L. § 3441. G.S. 28, § 61. 1849, No. 41 , § 54.

Revision note. Deleted "in the state prison" following "imprisoned" pursuant to 1971, No. 199 (Adj. Sess.), § 17.

Amendments--2017. Substituted "alcohol" for "intoxicating liquor" in the section heading.

Amendments--1981 (Adj. Sess.) Added "or both" following "$500.00" at the end of the section.

Prior law. 30 V.S.A. § 1639.

§ 3730. Negligence of employee; penalty.

An engineer, fireman, or other agent of a railroad who is guilty of negligence or carelessness, whereby an injury is done to a person or corporation, 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 or corporation from an action for damages.

Amended 1981, No. 223 (Adj. Sess.), § 23.

History

Source. V.S. 1947, § 9599. P.L. § 6318. G.L. § 5254. P.S. § 4508. V.S. § 3924. R.L. § 3442. G.S. 28, § 62. 1849, No. 41 , § 60.

Amendments--1981 (Adj. Sess.) Added "or both" following "$1,000.00" at the end of the first sentence.

Prior law. 30 V.S.A. § 1640.

ANNOTATIONS

1. Private injuries.

This section does not extend to injuries in which the public has no interest, but which are wholly of private concern. Osgood v. Central Vermont Railway, 77 Vt. 334, 60 A. 137 (1905).

§ 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 which, at the time of such injury, are subject to use in the running and management of such road, and which 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.

History

Source. V.S. 1947, § 9600. P.L. § 6319. G.L. § 5255. P.S. § 4509. V.S. § 3925. R.L. § 3443. G.S. 28, § 65. 1855, No. 26 , § 10.

Prior law. 30 V.S.A. § 1641.

ANNOTATIONS

1. Priority of claim.

Attachment of property of street railway company by one having a claim against the company for an injury has priority over existing mortgages on company's property, but is not entitled to priority over other preferred claims. Westinghouse Electric Mfg. Co. v. Barre & Montpelier Traction & Power Co., 98 Vt. 130, 126 A. 594 (1924).

Passenger injured through negligence of railroad company had a special right in his attachment superior to the general equity of creditors. Lamoille Valley Railroad v. Bixby, 55 Vt. 235 (1882).

§ 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.

History

Source. V.S. 1947, § 9601. P.L. § 6320. G.L. § 5256. P.S. § 4510. V.S. § 3926. R.L. § 3444. G.S. 28, §§ 78, 79. 1849, No. 41 , §§ 61, 62.

Prior law. 30 V.S.A. § 1642.

ANNOTATIONS

Analysis

1. Construction.

The term due caution in this section means caution commensurate with existing hazards. Van Dyke v. Grand Trunk Railway, 84 Vt. 212, 78 A. 958 (1911).

This section does not create a presumption of negligence to be weighed as evidence against defendant. Huntley v. Rutland Railroad, 83 Vt. 180, 74 A. 1000 (1910).

2. Burden of proof.

Where a fire is proved to have been communicated from a locomotive, the burden of proof as to negligence is shifted from plaintiff to defendant. Farrington v. Rutland Railroad, 72 Vt. 24, 47 A. 171 (1899); Ide v. Boston & Maine Railroad, 83 Vt. 66, 74 A. 401 (1909); Van Dyke v. Grand Trunk Railway, 84 Vt. 212, 78 A. 958 (1911); Cano v. Central Vermont Railway, 102 Vt. 161, 147 A. 276 (1929).

3. Contributory negligence.

Under this section, if a railroad company is at fault, the right of a property owner to recover for the loss of his property by fire set by locomotives does not depend, in the absence of fraud on his part, on whether he exercised the care of a prudent man; and imprudent maintenance of his property, if lawful, does not in itself constitute contributory negligence. Ide v. Boston & Maine Railroad, 83 Vt. 66, 74 A. 401 (1909).

4. Evidence.

Evidence that witness had observed engine emitting sparks and cinders out of its stack at times during year previous to fire was admissible, where evidence tended to show engine referred to on each occasion was same as one claimed to have set fire. Cano v. Central Vermont Railway, 102 Vt. 161, 147 A. 276 (1929).

5. Lease provisions.

Provision in railroad's lease of part of its right of way that lessee should assume all risk of damage to lessee's property by fire was inapplicable to property situated outside right of way, and did not relieve railroad from liability for its damage by fire as prescribed by this section. Manchester Marble Co. v. Rutland Railroad, 100 Vt. 232, 136 A. 394 (1927).

Cited. Cleaveland v. Grand Trunk Railway, 42 Vt. 449 (1869).

§ 3733. Repealed. 2007, No. 164 (Adj. Sess.), § 47.

History

Former § 3733. Former § 3733, relating to damage to mills, dams, and bridges, was derived from V.S. 1947, § 9602; P.L. § 6321; G.L. § 5257; P.S. § 4511; V.S. § 3927; R.L. § 3445; G.S. 28, § 81; 1849, No. 41 , § 37.

§ 3734. Trespass on railroad property; penalty.

  1. Definitions.  As used in this section:
    1. "Passenger" means a person traveling by train with lawful authority and who does not participate in the train's operation. The term "passenger" does not include a stowaway.
    2. "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. "Railroad" does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
    3. "Railroad carrier" means a person providing railroad transportation.
      1. "Railroad property" means the following property owned, leased, or operated by a railroad carrier or used in its rail operations: (4) (A) "Railroad property" means the following property owned, leased, or operated by a railroad carrier or used in its rail operations:
        1. a right-of-way, track, yard, station, shed, or depot;
        2. a train, locomotive, engine, car, work equipment, rolling stock, or safety device; and
        3. a "railroad structure," which means a bridge, tunnel, viaduct, trestle, culvert, abutment, communication tower, or signal equipment.
      2. "Railroad property" does not include inactive railroad property of the Twin State Railroad.
    4. "Right-of-way" means the track and roadbed owned, leased, or operated by a railroad carrier and property located on either side of the tracks that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
    5. "Yard" means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains, and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs.
  2. Trespassing on railroad property prohibited.  Except for the purpose of crossing railroad property at a public highway or other authorized crossing, a person shall not, without lawful authority or the railroad carrier's written permission, knowingly enter or remain upon railroad property by an act including:
    1. standing, sitting, resting, walking, jogging, or running, or operating a recreational or nonrecreational vehicle, including a bicycle, motorcycle, snowmobile, car, or truck; or
    2. engaging in recreational activity, including bicycling, hiking, camping, or cross-country skiing.
  3. Stowaways prohibited.  A person shall not, without lawful authority or the railroad carrier's written permission, ride on the outside of a train or inside a passenger car, locomotive, or freight car, including a box car, flatbed, or container.
  4. Persons not subject to ticketing.  The following is a nonexhaustive list of persons who, for the purposes of this section, are not subject to ticketing for trespass under subsections (b) and (c) of this section:
    1. passengers on trains, or employees of a railroad carrier while engaged in the performance of their official duties;
    2. police officers, firefighters, peace officers, and emergency response personnel, while engaged in the performance of their official duties;
    3. a person going upon railroad property in an emergency to rescue from harm a person or animal such as livestock, pets, or wildlife, or to remove an object that the person reasonably believes to pose an imminent hazard;
    4. a person on the station grounds or in the depot of the railroad carrier as a passenger or for the purpose of transacting lawful business;
    5. a person, or the person's family or invitee, or the person's employee or independent contractor going upon a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier or authorized by law in order to obtain access to land that the person owns, leases, or operates;
    6. a person who has permission from the owner, lessee, or operator of land served by a private crossing site approved by the railroad carrier or authorized by law, to use the crossing for recreational purposes and who enters upon the crossing for such purposes;
    7. a person having written permission from the railroad carrier to go upon the railroad property in question;
    8. representatives of the Transportation Board or Agency of Transportation while engaged in the performance of their official duties;
    9. representatives of the Federal Railroad Administration while engaged in the performance of their official duties;
    10. representatives of the National Transportation Safety Board while engaged in the performance of their official duties; or
    11. a person who enters or remains in a railroad right-of-way, but not within a rail yard or on a railroad structure, while lawfully engaged in hunting, fishing, or trapping; however, a person shall not be exempt from ticketing under this subdivision if he or she enters within an area extending eight feet outward from either side of the rail and within the rail unless he or she crosses and leaves this area quickly, safely, and at an angle of approximately 90 degrees to the direction of the rail.
  5. Rights, duties unaffected.  Nothing in this section is intended to modify the rights, duties, liabilities, or defenses available to any person under any other law or under a license or agreement.
  6. Penalty.  A violation of this section is a traffic violation as defined in 23 V.S.A. chapter 24 and an action under this section shall be brought in accordance with 4 V.S.A. chapter 29. A person who violates this section shall be subject to a civil penalty of not more than $200.00.

    Amended 2015, No. 158 (Adj. Sess.), § 15.

History

Source. V.S. 1947, § 9608. P.L. § 6327. G.L. § 5263. 1917, No. 154 , § 1. 1915, No. 144 . P.S. § 4517. V.S. § 3933. R.L. § 3451. 1876, No. 23 , § 4.

2017. Added subsec. heading in subsec. (e).

Amendments--2015 (Adj. Sess.). Section amended generally.

Prior law. 30 V.S.A. § 1649.

§ 3735. Repealed. 2015, No. 158 (Adj. Sess.), § 16.

History

Former § 5735. Former § 5735, relating to boarding train or loitering about railroad property; penalty, was derived from V.S. 1947, § 9609; P.L. § 6328; 1921, No. 150 ; G.L. § 5264; 1910, No. 91 , § 11; P.S. § 4518; V.S. § 3934; R.L. § 3452; 1878, No. 95 and amended by 1981, No. 223 (Adj. Sess.), § 23.

Subchapter 8. Railroad Police

§ 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.

History

Amendments--2013 (Adj. Sess.). Section amended generally.

Prior law. 30 V.S.A. § 1701.

§ 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.

History

Prior law. 30 V.S.A. § 1702.

§ 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.

History

2020. Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2013 (Adj. Sess.). Section amended generally.

Prior law. 30 V.S.A. § 1703.

Cross References

Cross references. Liability for cost of training, see § 3761 of this title.

§ 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.

History

Prior law. 30 V.S.A. § 1704.

§ 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.

History

Prior law. 30 V.S.A. § 1705.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former section 1647 of this title.

§ 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.

History

Prior law. 30 V.S.A. § 1706.

§ 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.

History

Prior law. 30 V.S.A. § 1707.

§ 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.

History

Prior law. 30 V.S.A. § 1708.

§ 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.

History

2020. Substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2013 (Adj. Sess.). Substituted "Commissioner of Public Safety and the Vermont Criminal Justice Training Council" for "commissioner of public safety" at the end of the second sentence.

Prior law. 30 V.S.A. § 1709.

CHAPTER 70. GRADE CROSSINGS

Sec.

§ 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 such crossing, its approaches, the method of crossing, the location of the public highway, the elimination of such crossing, the closing of such public highway crossing and the substitution of another therefor, not at grade, or the removal of obstructions to the sight at such crossing, and praying that the same may be ordered, or such proceedings may be instituted by the Agency of Transportation or the Board of its own motion and without petition. The Board shall thereupon appoint a time and place for hearing the petition on notice of not less than ten days to the petitioners, the railroad, the municipality in which such crossing is situated, the owners of the land adjoining such crossing, and adjoining that part of the highway to be changed in grade, and to the Attorney General, who shall, by himself or herself or through the State's Attorney of the county wherein the crossing is located, represent the interests of the State at such hearing. After such notice and 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.

History

Source. V.S. 1947, § 9625. 1937, No. 169 , § 1. P.L. § 6344. 1923, No. 92 , § 2. G.L. § 5294. 1908, No. 108 , § 1. P.S. § 4544. 1906, No. 125 , § 1.

Amendments--1993 (Adj. Sess.) Substituted "selectboard" for "selectmen" preceding "of a town" and "transportation" for "public service" following "writing to the" and inserted "the agency of transportation or" following "instituted by" in the first sentence, and substituted "railroad" for "corporation" following "petitioners, the" and inserted "or herself" following "himself" in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1901.

ANNOTATIONS

Analysis

1. Relocation of highway.

The primary object of this section is to provide an effective means to eliminate dangerous grade crossings, and the incidental power to change the location of an existing highway given by this section is to be exercised as a mere incident to the real purpose of this section. Sayers v. Montpelier & Wells River Railroad, 90 Vt. 201, 97 A. 660 (1916).

2. Burden of proof.

On petition by railroad companies to abolish a grade crossing and apportion the expenses thereof on the ground that the crossing was a public highway, burden was on petitioners to prove that the crossing was a public highway, and so they were bound to produce the record of completion and opening thereof, if they relied on the record of a highway laid out by selectmen. Bacon v. Boston & Maine Railroad, 83 Vt. 421, 76 A. 128 (1910).

Cited. Central Vermont Railway v. Hanley, 111 Vt. 425, 17 A.2d 249 (1941); In re Central Vermont Railway, 140 Vt. 10, 433 A.2d 303 (1981).

§ 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 which 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 which 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.

History

Source. V.S. 1947, § 9626. P.L. § 6345. 1931, No. 105 . G.L. § 5295. 1908, No. 108 , § 2. P.S. § 4545. 1906, No. 125 , § 1.

Amendments--1969 Section amended generally.

Amendments--1961 Section amended generally.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" preceding "shall apportion" in the first sentence and "shall order" in the second sentence.

Prior law. 30 V.S.A. § 1902.

Cross References

Cross references. Approval of claims for reimbursement by State, see § 3790 of this title.

ANNOTATIONS

Cited. , 1930-32 Op. Atty. Gen. 73; Menut & Parks Co. v. Village of St. Johnsbury, 114 Vt. 41, 39 A.2d 342 (1944).

§ 3785. Alterations, crossings; order by Transportation Board.

When the Transportation Board, in the absence of any application therefor, is of the opinion that the public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one corporation, or an alteration in lands or buildings thereon adjoining or near such highway at or near such crossing in order to afford proper view from the approaches to such crossing, in each direction, of the track or tracks of such railroad or railroads, after hearing had on notice of not less than ten days to the corporation or corporations owning or operating such railroad or railroads, to the selectboard of the town within which such highway is situated, to the owners of the land adjoining such crossing and the owners of such land or buildings thereon adjoining, or near such highway as may be required for or materially affected by a proposed alteration, and to the Attorney General, who, by himself or herself or through the State's Attorney of the county in which such crossing is located shall represent the interests of the State, it may order such alterations in such highway, and the removal of such obstructions to the view in each direction of the tracks of such railroads, as it deems best, and shall determine and direct by whom, at whose expense and within what time such alterations and removals shall be made.

Amended 1959, No. 329 (Adj. Sess.), 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 64.

History

Source. V.S. 1947, § 9630. 1947, No. 202 , § 9762. P.L. § 6352. 1923, No. 95 , § 1. G.L. § 5299. P.S. § 4547. 1906, No. 125 , § 2.

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" preceding "board" in the section heading, and inserted "transportation" preceding "board", substituted "selectboard" for "selectmen" preceding "of the town" and inserted "or herself" following "himself" in the text of the section.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" at the end of the catchline and preceding "in the absence" in the text.

Prior law. 30 V.S.A. § 1906.

ANNOTATIONS

Cited. In re Central Vermont Railway, 140 Vt. 10, 433 A.2d 303 (1981).

§ 3786. Tracks of more than one railroad.

When, upon an application or petition brought under the provisions of section 3783 of this title, the Board finds that a public highway crosses or is crossed by the tracks of more than one railroad and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, it shall give notice to all the corporations operating such railroads to appear before it and be heard upon the application. After such notice and hearing, the Board shall determine what alterations shall be made, if any, so as to separate the grades of all such crossings at the same time, and shall determine by whom such work shall be done, and shall apportion the expense to be borne by the railroad corporations between such corporations in such manner as the Board deems just and proper.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9632. P.L. § 6354. G.L. § 5300. P.S. § 4548. 1906, No. 125 , § 3.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" wherever it appeared.

Prior law. 30 V.S.A. § 1908.

§ 3787. Taking of land, proceedings.

When a railroad corporation, a town, or any other party is ordered to do the requisite work in the alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the view near such crossing and it is necessary to take land to carry out such order, the party ordered to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of such land or his agent. Whereupon, in case the owner of such land and the parties ordered to do the work cannot agree on the price of the land and the damage to the owners resulting from such taking, either party in interest may make written application to the Board. After hearing had, on notice of not less than ten days to the same parties for whom notice is provided in section 3785 of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so adjudged, shall appraise the same and award such damages for the taking thereof as are just.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 9633. P.L. § 6355. 1923, No. 95 , § 2. G.L. 5301. 1908, No. 108 , § 3. P.S. § 4549. 1906, No. 125 , § 4.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "application to the" at the end of the second sentence and preceding "shall first" in the third sentence.

Prior law. 30 V.S.A. § 1909.

ANNOTATIONS

1. Jurisdiction.

Public Service Commission [now Board] was given exclusive jurisdiction, without let or hindrance of selectmen, to condemn lands and award damages in proceeding for abolition of railroad-highway crossing at grade. Sayers v. Montpelier & Wells River Railroad, 90 Vt. 201, 97 A. 660 (1916).

§ 3788. Orders of Board; appeals.

The order of the Board relating to any matter upon which it may act under the authority of this chapter shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on such petition was given. Any person aggrieved by such order, who was a party to such proceedings, may appeal from such order to the Superior Court in accordance with Rule 74 of the Vermont Rules of Civil Procedure.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 65.

History

Source. V.S. 1947, § 9634. 1947, No. 202 , § 9766. P.L. § 6356. G.L. § 5302. 1908, No. 108 , § 4. P.S. § 4551. 1906, No. 125 , § 6.

Amendments--1993 (Adj. Sess.) Substituted "to the superior" for "and transfer said cause to the supreme" preceding "court" and "in accordance with Rule 74 of the Vermont Rules of Civil Procedure" for "in the same manner as provided by section 12 of this title" thereafter in the second sentence.

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" in the catchline and preceding "relating to" in the first sentence.

Prior law. 30 V.S.A. § 1910.

§ 3789. Record of changes.

The Transportation Board shall cause all orders made by it under the provisions of this chapter directing the alteration or relocation of a public highway to be recorded in the office of the town clerk where such public highway so altered or relocated is situated before such highway shall be opened for use by the public.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 66.

History

Source. V.S. 1947, § 9635. P.L. § 6357. G.L. § 5303. 1917, No. 148 .

Amendments--1993 (Adj. Sess.) Substituted "transportation" for "public service" preceding "board".

Amendments--1959 (Adj. Sess.) Substituted "board" for "commission" following "public service".

Prior law. 30 V.S.A. § 1911.

§ 3790. 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.), § 29.

History

Prior law. 30 V.S.A. § 1912.

Cross References

Cross references. Apportionment of claims for expenses, see § 3784 of this title.

TITLE 5 Tables

TABLES

In recodifying Title 5, Act No. 222 of the 1985 Adjourned Session made substantial changes in the organization and content of the title.

Table 1 has been prepared in order to facilitate comparison of the provisions of former Title 5 with present Title 5. The table indicates the disposition in present Title 5 of sections appearing in former Title 5. Where sections in former Title 5 were omitted from the recodified title, an indication to that effect appears in the table.

Table 2 indicates the source, in former Title 5 or other titles, of the provisions in present Title 5. Where the section is entirely new, an indication to that effect appears in the table.

TABLE 1

TABLE OF

COMPARATIVE SECTIONS

FORMER 1986 FORMER 1986 SECTIONS RECODIFICATION SECTIONS RECODIFICATION 5 1 5 201 5 2 5 202 5 3 5 203 5 4 Omitted 5 5 Omitted 5 6 5 204 5 7 5 205 5 8 5 206 5 9 Omitted 5 10 5 207 5 11 Omitted 5 12 5 208 5 13 5 43 5 14 5 43 5 15 5 44 5 16 5 44 5 17 5 209 5 18 5 210 5 19 5 211 5 20 5 212 5 71 5 301 5 72 5 302 5 73 5 202 5 74 5 304 5 75 5 305 5 76 5 306 5 77 5 307 5 78 5 308 5 79 5 309 5 80 5 310 5 81 5 311 5 82 5 312 5 83 5 313 5 84 5 314 5 85 5 315 5 86 5 316 5 87 5 317 5 88 5 318 5 89 5 319 5 90 5 320 5 141 5 401 5 142 5 402 5 143 5 403 5 144 5 404 5 145 5 405 5 181 5 421 5 182 5 422 5 183 5 423 5 184 5 424 5 185 5 425 5 186 5 426 5 187 5 427 5 188 5 428 5 221 5 476 5 222 5 477 5 223 5 478 5 224 5 479 5 225 5 480 5 226 5 481 5 227 5 482 5 229 5 483 5 230 5 484 5 231 5 485 5 232 5 486 5 291 5 601 5 292 5 602 5 293 5 603 5 294 5 604 5 295 5 605 5 296 5 606 5 297 5 607 5 298 5 608 5 331 5 651 5 332 5 652 5 334 5 653 5 336 5 654 5 337 5 655 5 371 5 691 5 372 5 692 5 373 5 693 5 374 5 694 5 375 5 695 5 376 5 696 5 377 5 697 5 411 5 751 5 412 5 752 5 413 5 753 5 414 5 754 5 451 5 202 5 452 5 771 5 453 5 772 5 454 5 773 5 455 5 774 5 491 5 202 5 492 5 801 5 493 5 802 5 494 5 803 5 495 5 804 5 496 5 805 5 497 5 806 5 498 5 807 5 499 5 808 5 500 5 809 5 501 Omitted 5 551 5 1001 5 552 5 202 5 553 5 1002 5 554 5 1003 5 555 5 1004 5 556 5 1005 5 557 5 1006 5 558 5 1007 5 559 5 1008 5 560 5 1009 5 561 5 1010 5 562 5 1011 5 563 5 1012 5 564 5 1013 5 565 5 1014 5 566 5 1015 5 567 5 1016 5 568 5 1017 5 569 5 1018 5 570 5 1019 5 571 5 1020

TABLE 2

DERIVATION OF SECTIONS

For explanation, see first page of tables

1986 DERIVATION 1986 DERIVATION RECODIFICATION RECODIFICATION 5 1 New 5 2 New 5 31 30 2 5 32 30 18 5 33 30 29 5 34 30 30 5 35 30 31 5 36 30 10 5 37 30 3 5 38 30 17 5 39 30 33 5 40 30 11 5 41 30 15 5 42 30 32 5 43 5 13, 14 5 44 5 15, 16 5 45 30 20 5 46 30 21 5 63 30 22 5 64 30 25 5 65 30 5 66 30 27 5 67 30 28 5 201 5 1 5 202 5 2, 73, 451, 491, 552 5 203 5 3 5 204 5 6 5 205 5 7 5 206 5 8 5 207 5 10 5 208 5 12 5 209 5 17 5 210 5 18 5 211 5 19 5 212 5 20 5 301 5 71 5 302 5 72 5 303 5 73 5 304 5 74 5 305 5 75 5 306 5 76 5 307 5 77 5 308 5 78 5 309 5 79 5 310 5 80 5 311 5 81 5 312 5 82 5 313 5 83 5 314 5 84 5 315 5 85 5 316 5 86 5 317 5 87 5 318 5 88 5 319 5 89 5 320 5 90 5 401 5 141 30 12 5 402 5 142 5 403 5 143 30 13 5 404 5 144 5 405 5 145 5 421 5 181 5 422 5 182 5 423 5 183 5 424 5 184 5 425 5 185 5 426 5 186 5 427 5 187 5 428 5 188 5 476 5 221 5 477 5 222 5 478 5 223 5 479 5 224 5 480 5 225 5 481 5 226 5 482 5 227 5 483 5 229 5 484 5 230 5 485 5 231 5 486 5 232 5 601 5 291 5 602 5 292 5 603 5 293 5 604 5 294 5 605 5 295 5 606 5 296 5 607 5 297 5 608 5 298

1986 DERIVATION 1986 DERIVATION RECODIFICATION RECODIFICATION 5 651 5 331 5 652 5 332 5 653 5 334 5 654 5 336 5 655 5 337 5 691 5 371 5 692 5 372 5 693 5 373 5 694 5 374 5 695 5 375 5 696 5 376 5 697 5 377 5 751 5 411 5 752 5 412 5 753 5 413 5 754 5 414 5 771 5 452 5 772 5 453 5 773 5 454 5 774 5 455 5 801 5 492 5 802 5 493 5 803 5 494 5 804 5 495 5 805 5 496 5 806 5 497 5 807 5 498 5 808 5 499 5 809 5 500 5 1001 5 551 5 1002 5 553 5 1003 5 554 5 1004 5 555 5 1005 5 556 5 1006 5 557 5 1007 5 558 5 1008 5 559 5 1009 5 560 5 1830 30 247 5 1010 5 561 5 1011 5 562 5 1012 5 563 5 1013 5 564 5 1014 5 565 5 1015 5 566 5 1016 5 567 5 1017 5 568 5 1018 5 569 5 1019 5 570 5 1020 5 571 5 1601 30 203(b) 5 1701 30 101 5 1702 30 102 5 1703 30 103 5 1704 30 104 5 1705 30 105 5 1706 30 106 5 1707 30 107 5 1708 30 108 5 1709 30 109 5 1710 30 125 5 1711 30 126 5 1801 30 201 5 1802 30 203 5 1803 30 203 5 1804 30 205 5 1805 30 206 5 1806 30 207 5 1807 30 208 5 1808 30 209 5 1809 30 217 5 1810 30 218 5 1811 30 219 5 1812 30 221 5 1813 30 222 5 1814 30 225 5 1815 30 226 5 1816 30 227 5 1817 30 228 5 1818 30 229 5 1819 30 230 5 1820 30 236 5 1821 30 237 5 1822 30 238 5 1823 30 239 5 1824 30 240 5 1825 30 241 5 1826 30 242 5 1827 30 243 5 1828 30 245 5 1829 30 246 5 1830 30 247 5 1901 30 301 5 1902 30 302 5 1903 30 303 5 1904 30 304 5 1905 30 305 5 1906 30 306 5 1907 30 307 5 1908 30 308 5 1909 30 309 5 1910 30 310 5 1911 30 311 5 2001 3 3116a 5 2002 3 3117 5 2003 19 50

CHAPTER 95. AERONAUTICS AND SURFACE TRANSPORTATION GENERALLY

TABLES

Table 1 indicates the present disposition of the former sections.

Table 2 indicates the source of the sections in present Title 5.

TABLE 1

TABLE OF COMPARATIVE SECTIONS

FORMER 1995 FORMER 1995 SECTIONS RECLASSIFICATION SECTIONS RECLASSIFICATION 30 701 5 3421 30 702 5 3422 30 703 5 3423 30 704 5 3424 30 705 5 3425 30 706 5 3426 30 707 5 3427 30 708 5 3428 30 709 5 3429 30 710 5 3430 30 711 5 3431 30 801 5 3451 30 802 5 3452 30 803 5 3453 30 804 5 3454 30 805 5 3455 30 806 5 3456 30 807 5 3457 30 811 5 3458 30 918 5 3478 30 1109 5 3498 30 1301 5 3518 30 1302 5 3519 30 1303 5 3520 30 1305 5 3521 30 1306 5 3522 30 1307 5 3523 30 1308 5 3524 30 1309 5 3525 30 1310 5 3526 30 1311 5 3527 30 1312 5 3628 30 1313 5 3529 30 1314 5 3530 30 1315 5 3531 30 1316 5 3532 30 1317 5 3533 30 1318 5 3534 30 1319 5 3535 30 1320 5 3536 30 1321 5 3537 30 1322 5 3538 30 1323 5 3539 30 1324 5 3540 30 1325 5 3541 30 1326 5 3542 30 1327 5 3543 30 1328 5 3544 30 1329 5 3545 30 1330 5 3546 30 1361 5 3566 30 1362 5 3567 30 1363 5 3568 30 1364 5 3569 30 1365 5 3570 30 1366 5 3571 30 1367 5 3572 30 1368 5 3573 30 1369 5 3574 30 1370 5 3575 30 1371 5 3576 30 1372 5 3577 30 1373 5 3578 30 1374 5 3579 30 1375 5 3580 30 1376 5 3581 30 1377 5 3582 30 1378 5 3583 30 1379 5 3584 30 1380 5 3585 30 1381 5 3586 30 1382 5 3587 30 1383 5 3588 30 1384 5 3589 30 1385 5 3590 30 1386 5 3591 30 1387 5 3592 30 1431 5 3612 30 1432 5 3613 30 1433 5 3614 30 1434 5 3615 30 1435 5 3616 30 1436 5 3617 30 1437 5 3618 30 1438 5 3619 30 1471 5 3639 30 1472 5 3640 30 1473 5 3641 30 1474 5 3642 30 1475 5 3643 30 1476 5 3644 30 1477 5 3645 30 1478 5 3646 30 1479 5 3647 30 1480 5 3648 30 1481 5 3649 30 1482 5 3650 30 1501 5 3670 30 1536 5 3671 30 1537 5 3672 30 1538 5 3673 30 1539 5 3674 30 1572 5 3694 30 1573 5 3695 30 1574 5 3696 30 1575 5 3697 30 1576 5 3698 30 1577 5 3699 30 1578 5 3700 30 1621 5 3720 30 1629 5 3721 30 1630 5 3722 30 1632 5 3723 30 1633 5 3724 30 1634 5 3725 30 1635 5 3726 30 1636 5 3727 30 1638 5 3728 30 1639 5 3729 30 1640 5 3730 30 1641 5 3731 30 1642 5 3732 30 1643 5 3733 30 1649 5 3734 30 1650 5 3735 30 1701 5 3755 30 1702 5 3756 30 1703 5 3757 30 1704 5 3758 30 1705 5 3759 30 1706 5 3760 30 1707 5 3761 30 1708 5 3762 30 1709 5 3763 30 1901 5 3783 30 1902 5 3784 30 1906 5 3785 30 1908 5 3786 30 1909 5 3787 30 1910 5 3788 30 1911 5 3789 30 1912 5 3790

CHAPTER 95.

TABLE 2

DERIVATION OF SECTIONS

For explanation, see first page of tables

FORMER 1995 FORMER 1995 SECTIONS RECLASSIFICATION SECTIONS RECLASSIFICATION 5 3421 30 701 5 3422 30 702 5 3423 30 703 5 3424 30 704 5 3425 30 705 5 3426 30 706 5 3427 30 707 5 3428 30 708 5 3429 30 709 5 3430 30 710 5 3431 30 711 5 3451 30 801 5 3452 30 802 5 3453 30 803 5 3454 30 804 5 3455 30 805 5 3456 30 806 5 3457 30 807 5 3458 30 811 5 3478 30 918 5 3498 30 1109 5 3518 30 1301 5 3519 30 1302 5 3520 30 1303 5 3521 30 1305 5 3522 30 1306 5 3523 30 1307 5 3524 30 1308 5 3525 30 1309 5 3526 30 1310 5 3527 30 1311 5 3528 30 1312 5 3529 30 1313 5 3530 30 1314 5 3531 30 1315 5 3532 30 1316 5 3533 30 1317 5 3534 30 1318 5 3535 30 1319 5 3536 30 1320 5 3537 30 1321 5 3538 30 1322 5 3539 30 1323 5 3540 30 1324 5 3541 30 1325 5 3542 30 1326 5 3543 30 1327 5 3544 30 1328 5 3545 30 1329 5 3546 30 1330 5 3566 30 1361 5 3567 30 1362 5 3568 30 1363 5 3569 30 1364 5 3570 30 1365 5 3571 30 1366 5 3572 30 1367 5 3573 30 1368 5 3574 30 1369 5 3575 30 1370 5 3576 30 1371 5 3577 30 1372 5 3578 30 1373 5 3579 30 1374 5 3580 30 1375 5 3581 30 1376 5 3582 30 1377 5 3583 30 1378 5 3584 30 1379 5 3585 30 1380 5 3586 30 1381 5 3587 30 1382 5 3588 30 1383 5 3589 30 1384 5 3590 30 1385 5 3591 30 1386 5 3592 30 1387 5 3612 30 1431 5 3613 30 1432 5 3614 30 1433 5 3615 30 1434 5 3616 30 1435 5 3617 30 1436 5 3618 30 1437 5 3619 30 1438 5 3639 30 1471 5 3640 30 1472 5 3641 30 1473 5 3642 30 1474 5 3643 30 1475 5 3644 30 1476 5 3645 30 1477 5 3646 30 1478 5 3647 30 1479 5 3648 30 1480 5 3649 30 1481 5 3650 30 1482 5 3670 30 1501 5 3671 30 1536 5 3672 30 1537 5 3673 30 1538 5 3674 30 1539 5 3694 30 1572 5 3695 30 1573 5 3696 30 1574 5 3697 30 1575 5 3698 30 1576 5 3699 30 1577 5 3700 30 1578 5 3720 30 1621 5 3721 30 1629 5 3722 30 1630 5 3723 30 1632 5 3724 30 1633 5 3725 30 1634 5 3726 30 1635 5 3727 30 1636 5 3728 30 1638 5 3729 30 1639 5 3730 30 1640 5 3731 30 1641 5 3732 30 1642 5 3733 30 1643 5 3734 30 1649 5 3735 30 1650 5 3755 30 1701 5 3756 30 1702 5 3757 30 1703 5 3758 30 1704 5 3759 30 1705 5 3760 30 1706 5 3761 30 1707 5 3762 30 1708 5 3763 30 1709 5 3783 30 1901 5 3784 30 1902 5 3785 30 1906 5 3786 30 1908 5 3787 30 1909 5 3788 30 1910 5 3789 30 1911 5 3790 30 1912