National Academies Press: OpenBook

Railroad Legal Issues and Resources (2015)

Chapter: XXXVIII. State Laws and Regulations on Railroads

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Page 153
Suggested Citation:"XXXVIII. State Laws and Regulations on Railroads." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
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Page 153
Page 154
Suggested Citation:"XXXVIII. State Laws and Regulations on Railroads." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
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Page 154
Page 155
Suggested Citation:"XXXVIII. State Laws and Regulations on Railroads." National Academies of Sciences, Engineering, and Medicine. 2015. Railroad Legal Issues and Resources. Washington, DC: The National Academies Press. doi: 10.17226/22093.
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Page 155

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153 XXXVIII. STATE LAWS AND REGULATIONS ON RAILROADS 788 A. Introduction 788 The regulation of railroads is governed by federal and state statutes. Section B discusses some of the state laws that apply to railroads in states such as California, Illinois, New York, New Jersey, and Wisconsin. Section C discusses miscellaneous state laws affecting railroads. Section D provides the name of and citation to railroad and related statutes in the 10 largest or most populous states. Statutes 788 B. State Statutes Applicable to Railroads 788 1. California 788 California regulates corporations and persons that “own, operate, control, or manage a line, plant, or system for the transportation of people or property.”729 a. California State Constitution 788 California’s Constitution states that railroads are subject to regulation by the state legislature.730 b. California Public Utilities Code 789 California requires that when railroad tracks intersect with other railroad tracks, “the rails of either or each road shall be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible”;731 that railroad companies are required to fence their tracks and property to prevent injury to domestic animals;732 and that rail facilities that handle hazardous cargo must be designed for such storage and have adequate security.733 729 53 Cal. Jur., Railroad § 7 (2014). 730 CAL. CONST. art. XII, § 3 (2014). 731 CAL. PUB UTIL. CODE § 7535 (2014). 732 CAL. PUB UTIL. CODE § 7626 (2014). 733 CAL. PUB UTIL. CODE § 7665.6 (2014).

154 2. Illinois 790 The state of Illinois regulates railroads in Chapter 610 of the Illinois Compiled Statutes; the city of Chicago regulates railroads pursuant to Chapter 9-124 of its municipal code. a. Formation of a Railroad 790 A railroad corporation may be formed in the state of Illinois when at least five people apply to do so and become authorized to construct and operate a railroad in Illinois,734 purchase land, and borrow money.735 b. Railroad Obstruction Act 791 The Railroad Obstruction Act prohibits a locomotive engineer from willfully and maliciously abandoning a locomotive on a railroad.736 c. Railroad Sanitation Act 791 The Railroad Sanitation Act requires railroad owners or operators to provide clean and sanitary rail cars. d. Railroad Depot Act 791 The Railroad Depot Act requires all railroads in Illinois to build and maintain depots in all towns of 200 or more people where they receive passengers or freight.737 3. New York 791 In the state of New York, railroads are regulated by the Railroad Law, the Rapid Transit Law, and the common carrier provisions of the Transportation Law.738 The New York Business Corporation Law governs railroad corporations that are formed under the Railroad Law.739 734 610 ILL. COMP. STAT. 5/1 (2014). 735 610 ILL. COMP. STAT. 5/19 (2014). 736 610 ILL. COMP. STAT. 95/1 (2014). 737 610 ILL. COMP. STAT. 55/1 (2014). 738 89 N.Y. Jur., Rail Transportation § 5 (2014). 739 Id.

155 a. New York Railroad Law 792 New York requires railroads to construct and maintain fences to prevent farm animals such as sheep, cattle, horses, and pigs from entering the railway.740 The Railroad Law prohibits railroads from transporting passengers or goods unless the rail carrier has an operable communications system.741 b. New York Rapid Transit Law 793 Each city in New York is required to have a board of transportation742 that “is empowered to operate any railroad acquired, owned, constructed, or provided by such city in accordance with the provisions of [the] law.”743 c. New York Transportation Law 793 The New York Commissioner of Transportation has jurisdiction over common carriers in the state, including railroads.744 4. New Jersey 794 This subpart notes that the Transportation Act of 1966 established the New Jersey Department of Transportation (NJDOT)745 and summarizes the authority of the New Jersey Commissioner of Transportation.746 5. South Dakota 794 South Dakota is an example of a state having statutes that govern the duties and liability of railroad companies with tracks adjacent to private property. South Dakota requires railroads to provide an owner of adjacent land with the materials needed to construct a fence, and, if the landowner has livestock, a railroad must construct a fence to prevent livestock from trespassing on railroad property.747 A railroad has 45 days to supply materials and construct a fence after it 740 N.Y. R.R. LAW § 52 (2014). 741 N.Y. R.R. LAW § 54-a (2014). 742 N.Y. RAPID TRANS. LAW § 10a (2014). 743 N.Y. RAPID TRANS. LAW § 30 (2014). 744 N.Y. TRANSP. LAW § 80(1) (2014). 745 N.J. STAT. ANN. § 27:1A-2 (2014). 746 N.J. STAT. ANN. § 27-1a-5.1a-c (2014). 747 S.D. CODIFIED LAWS § 49-16A-91 (2014).

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TRB’s National Cooperative Rail Research Program (NCRRP) Legal Research Digest 2: Railroad Legal Issues and Resources presents legal issues of importance that attorneys may encounter when representing both freight and passenger railroad owners, and operators involved in railroad-related transactions. Issues explored in the report range from abandonment and discontinuance to constitutional law, construction, contracts, interaction with regulatory agencies, safety, retirement, and numerous other subjects.

The electronic version of the digest includes more than 700 pages of case law presenting detailed summaries of statutes, regulations, cases, and relevant articles as a fundamental resource for use in understanding the background and broad ramifications of railroad-related law reflected in each category. To access the case law, click the Roman numeral headings, which are linked to the legal topics. A search for the legal topic will also result in finding it. The printed digest includes an annotated index of the case law and a bound-in CD-ROM with the case law reference materials.

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