TITLE XXXIV
PUBLIC UTILITIES

Chapter 367
FORMATION AND UNION OF RAILROAD CORPORATIONS; LEASES AND EXTENSIONS

Formation of a Railroad Corporation

Section 367:1

367:1 Mode. – Twenty-five or more persons, a majority of whom are residents of this state, may associate together by articles of agreement for the purpose of forming a corporation to construct, maintain and operate a railroad.

Source. 1883, 100:1. PS 156:1. PL 246:1. RL 296:1.

Section 367:2

367:2 Articles of Agreement. – The articles of agreement shall set forth the name of the corporation; the termini of the proposed railroad; its length, as nearly as may be; the name of each city, town and county through or into which its route will extend; its gauge; the amount of the capital stock of the corporation; the appointment of at least 7 of the subscribers to act as directors of the corporation until others are chosen, a majority of whom shall be residents of the state; and a provision that each subscriber will take the number of shares of the capital stock set opposite to his name and will pay the par value thereof, subject to the condition that he shall not be bound to pay more than 10 percent of the amount of his subscription unless the corporation is established. The articles shall be signed by the associates, and each shall affix to his signature his residence, post office address and the number of shares of the capital stock which he agrees to take.

Source. 1883, 100:2, 3. PS 156:2. PL 246:2. RL 296:2.

Section 367:3

367:3 Name. – The corporate name shall be one that is not in use by any other corporation in the state; and it shall not be changed except by the legislature.

Source. 1883, 100:3. PS 156:3. PL 246:3. RL 296:3.

Section 367:4

367:4 Capital Stock. – The capital stock of the corporation shall not be less than $5,000 for each mile of the proposed railroad if the gauge thereof is to be 3 feet or less, and not less than $10,000 for each mile if the gauge is to be more than 3 feet. It shall be divided into shares of $100 each.

Source. 1883, 100:2. PS 156:4. 1897, 68:1. PL 246:4. RL 296:4.

Section 367:5

367:5 Record of Articles of Agreement. – When the full amount of the capital stock has been subscribed in good faith by responsible parties, the directors shall cause the articles of agreement to be recorded in the office of the secretary of state, and a true copy thereof, attested by a majority of the directors, to be filed in the office of the clerk of each city and town through or into which the route of the proposed railroad will extend.

Source. 1883, 100:3, 4, 5. PS 156:5. PL 246:5. RL 296:5.

Section 367:6

367:6 Fees. – The fee for recording articles of agreement in the office of the secretary of state as provided in RSA 367:5 shall be at the rate of $1 per page.

Source. 1949, 265:8, eff. June 22, 1949.

Section 367:7

367:7 Provisional Corporation. –
The subscribers to the articles of agreement, and their assigns, shall thereupon become and be a corporation (herein termed the provisional corporation) having the following franchises, and no other:
I. Authority to organize and to elect officers and agents;
II. Authority to make necessary surveys for the proposed railroad and to enter upon any land for that purpose;
III. Authority to take all other preliminary steps required in the formation of a railroad corporation.

Source. PS 156:6. PL 246:6. RL 296:6.

Section 367:8

367:8 Termination of Provisional Corporation. – If the provisional corporation shall not take the necessary steps and become a railroad corporation within 2 years after the time of the record of its articles of agreement in the office of the secretary of state, its existence as a corporation shall terminate.

Source. PS 156:7. PL 246:7. RL 296:7.

Section 367:9

367:9 Petition to Court. – The provisional corporation may file in the office of the clerk of the superior court for the county of Merrimack a petition for a decision of the question whether the public good requires the proposed railroad.

Source. 1883, 100:7. PS 156:8. PL 246:8. RL 296:8. 1951, 203:49, eff. Sept. 1, 1951.

Section 367:10

367:10 Notice of Petition. – Any justice of the court, in term time or vacation, upon application by the petitioner and without notice to other parties, shall issue a summons to be served by the date specified by the court on the summons.

Source. PS 156:9. PL 246:9. RL 296:9. 2014, 204:16, eff. July 11, 2014.

Section 367:11

367:11 Reference. – On the service date specified by the court on the summons, if it appears to the court that sufficient notice of the petition has been given and that all preliminary steps have been taken, and the capital stock has been subscribed by responsible parties, in good faith, with the intention of building the road, and if no sufficient objection is made, the court shall refer the petition to the department of transportation or to a board of 3 referees appointed by the court, as they shall deem best, to find and report the facts bearing upon the petition.

Source. 1883, 100:7. PS 156:10. PL 246:10. RL 296:10. RSA 367:11. 1985, 402:6, I(e)(4). 2014, 204:17, eff. July 11, 2014.

Section 367:12

367:12 Notice of Hearing. – The board to whom the petition is referred shall appoint a time and place of hearing, and shall give notice thereof by causing a copy of the petition and of their order thereon to be given to the attorney general or left at his abode 14 days before the day of hearing, and like copies to be posted in 2 or more public places in each city and town through or into which the route of the proposed railroad will extend, at least 30 days before the day of hearing, and by causing like copies to be published in one or more newspapers published in Concord and in each of the counties which will contain any portion of the proposed railroad.

Source. 1883, 100:7. PS 156:11. PL 246:11. RL 296:11.

Section 367:13

367:13 Hearing; Report. – The board shall hear all parties who are interested and desire to be heard and shall make report of their doings and findings to the regular session of the court held next after their last hearing.

Source. PS 156:12. PL 246:12. RL 296:12.

Section 367:14

367:14 Decision. – The court shall thereupon, after hearing such parties as desire to be heard, decide the questions raised by the petition, and cause a record of their decision to be made.

Source. PS 156:13. PL 246:13. RL 296:13.

Section 367:15

367:15 Certificate. –
I. If they decide that the public good requires the proposed railroad, the secretary of state, upon receipt of a copy of such decision, shall issue to the corporation a certificate substantially in the following form:
THE STATE OF NEW HAMPSHIRE
Be it known that whereas ... have associated themselves together with the intention of forming a corporation under the name of the ... , for the purpose of locating, constructing, maintaining and operating a railroad (description of road as in articles of agreement), and have complied with the laws of the state relating thereto; therefore, I, ... , secretary of state, do hereby certify that the said persons, their associates and successors, are legally established as a corporation under the name aforesaid, having all the powers and privileges, and being subject to all the duties, liabilities and restrictions of similar corporations under the laws of this state.
In witness whereof I have hereunto subscribed my name and affixed the seal of state this ... day of ... in the year ...

[L.S.]

............... , secretary of state.

II. The secretary of state shall record such certificate in connection with the articles of agreement previously recorded in his office. The provisional corporation shall thereupon become a railroad corporation having all the powers and privileges, and being subject to all the duties, liabilities and restrictions, of similar corporations, except so far as the same are limited or enlarged by this chapter.

Source. 1883, 100:5. PS 156:14. PL 246:14. RL 296:14.

Section 367:16

367:16 Meeting of Subscribers. – The directors may call a meeting of the subscribers to the capital stock of the corporation for the purpose of adopting bylaws and completing a permanent organization, and give such notice thereof as they deem reasonable.

Source. 1883, 100:6. PS 156:15. PL 246:15. RL 296:15.

Section 367:17

367:17 Time for Building. – All the franchises and rights of a corporation so established, as to any portion of its railroad which is not completed ready for operation at the end of 3 years from the date of its certificate of establishment, shall be forfeited.

Source. 1883, 100:12. PS 156:16. PL 246:16. RL 296:16.

Section 367:18

367:18 Powers of Railroad Corporations Generally. – Railroads have the general powers granted to other corporations, and the special powers granted to them by their charters and the general laws of the state.

Source. GS 144:1. GL 158:1. PS 157:6. PL 247:6. RL 297:6. 1951, 203:50, eff. Sept. 1, 1951.

Section 367:19

367:19 Repealed by 1959, 137:1. –

Leases

Section 367:20

367:20 To Another Railroad. – Any railroad corporation may, subject to the provisions of RSA 374, lease its railroad, railroad property, and interests to any other railroad corporation for such length of time and upon such terms as may be agreed to by the lessor and lessee corporations at meetings of their respective stockholders, properly notified and held for the purpose, by a 2/3 vote of all the stock represented and voting at such meetings.

Source. 1883, 100:17. PS 156:21. PL 246:18. RL 296:18.

Union of Two or More Railroad Corporations

Section 367:21

367:21 Procedure. – If 2 or more railroad corporations, at meetings of their respective stockholders, properly notified and held for the purpose, have agreed, by a 2/3 vote of the stock represented and voting at such meetings, to unite and form a single corporation, they may apply by petition to the superior court for the county of Merrimack for a determination of the question whether the public good will be promoted by such union; and if the court, after notice and finding of the facts, and a hearing, as provided in RSA 367:10-14, shall determine that the public good requires such union, and that stockholders of the respective corporations, at meetings duly held for the purpose, have voted in favor of it as aforesaid, they shall authorize the union to be made.

Source. 1883, 100:17. PS 156:22. PL 246:19. RL 296:19. 1951, 203:52, eff. Sept. 1, 1951.

Section 367:22

367:22 Agreement; Record; Powers. – In such case, the corporations shall make and execute an agreement setting forth the terms of the union, and shall cause the same, together with the decision of the court authorizing the union, to be recorded in the office of the secretary of state; and, from and after such record, the stockholders in the uniting corporations assenting thereto, together with their associates and successors, shall be members of the new corporation; and the new corporation shall have all such rights, powers and privileges, and be subject to all such obligations and liabilities, as shall be necessary and proper to consummate the agreement of union and to vest in itself the corporate franchises and property of the uniting corporations; and it shall thereafter hold and possess all such franchises and property, subject to the duties and liabilities of the corporations forming the union, or any of them.

Source. 1883, 100:17. PS 156:23. PL 246:20. RL 296:20.

Section 367:23

367:23 First Meeting. – The first meeting of the new corporation shall be called by the presidents of the corporations which united to form it, or by either of them, by publishing a notice of the time and place of meeting and of the subjects to be there acted upon, in one or more newspapers published in each county through or into which the railroads of the uniting corporations extend.

Source. 1883, 100:17. PS 156:24. PL 246:21. RL 296:21.

Section 367:24

367:24 Right to Vote. – Until stock of the new corporation has been issued to assenting stockholders, they shall have the right to vote in meetings of members of the new corporation as if stock had been issued to them according to the agreement of union and they were the holders thereof.

Source. PS 156:25. PL 246:22. RL 296:22.

Section 367:25

367:25 Limit of Stock. – The capital stock of the new corporation shall not exceed the sum of the capital stocks of the uniting corporations actually issued and paid for at par at the time of the union.

Source. 1883, 100:23. PS 156:26. PL 246:23. RL 296:23.

Section 367:26

367:26 Limit of Dividends. – The new corporation shall not divide to its stockholders in dividends a greater sum than the aggregate sum which the uniting corporations together were authorized to divide to their stockholders.

Source. 1883, 100:24. PS 156:27. PL 246:24. RL 296:24.

Dissenting Stockholders

Section 367:27

367:27 Petition for Relief. – If any stockholder in a railroad corporation which has voted to build an extension or branch, or which has become a party to a lease or to a contract of union under the provisions of this chapter, shall dissent from the building of such extension or branch, or from such lease or union, the corporation in which he is a stockholder in the case of building an extension or branch or of a lease, or the new corporation in case of union, may apply by petition to the superior court, setting forth the action of the corporation in respect to the matter dissented from, the names and residences of all the stockholders of the petitioning corporation, so far as known, designating those who have assented to the action taken, those who have dissented therefrom, and those who have not expressed their assent or dissent, and praying that the court may determine the value of the stock, interest or property right taken of dissenting stockholders, or of any stockholder who may be entitled to have the value of his stock, interest of property right taken, determined, and for such other relief as the petitioner may desire.

Source. 1883, 100:19. 1889, 5:1. PS 156:28. PL 246:25. RL 296:25. RSA 367:27. 1967, 132:11, eff. July 18, 1967.

Section 367:28

367:28 Notice. – The court shall fix a time and place for a hearing upon the petition and shall order the petitioner to give notice thereof by publishing the petition, or the substance of it (not including the names of stockholders), in such newspapers as the court may order, and by mailing postpaid to each nonassenting stockholder whose names and residence is known a copy of the petition and order (not including the names of stockholders) at least 14 days before the day of hearing.

Source. 1889, 5:1. PS 156:29. PL 246:26. RL 296:26. RSA 367:28. 1967, 132:12, eff. July 18, 1967.

Section 367:29

367:29 Hearing. – At the time and place so appointed such justice, or some other justice of the court, shall attend, and, if it appears that the summons has been complied with, shall proceed with the hearing.

Source. 1889, 5:1. PS 156:30. PL 246:27. RL 296:27. 2014, 204:18, eff. July 11, 2014.

Section 367:30

367:30 Additional Parties. – Any nonassenting stockholders may appear and be heard upon the questions before the court affecting their rights.

Source. 1889, 5:1. PS 156:30. PL 246:28. RL 296:28.

Section 367:31

367:31 Guardian Ad Litem. – If any such stockholder is a minor, or an insane person and has no guardian, the justice shall appoint a guardian ad litem for such person, and the petitioner shall pay such guardian for his services and disbursements in the proceedings.

Source. 1889, 5:1. PS 156:30. PL 246:29. RL 296:29.

Section 367:32

367:32 Orders. – After hearing the parties, the justice shall determine the value of the stock, interest or property right taken of all stockholders who are entitled to have compensation therefor and shall make and enforce all orders that may be necessary to secure to dissenting and other stockholders all their rights under the constitution and laws. He shall file his award with the clerk of the superior court for the county of Merrimack.

Source. 1889, 5:1. PS 156:31. PL 246:30. RL 296:30. 1951, 203:53, eff. Sept. 1, 1951.

Section 367:33

367:33 Payment. – The petitioner shall forthwith pay or tender the sums so awarded to the stockholders entitled thereto. If for any reason it is impracticable to make or tender such payment, or if a stockholder refuses to receive the sum awarded to him when tendered, the petitioner shall deposit the money with the state treasurer, to be held by him in trust for the use of, and to be paid upon demand to, the parties respectively to whom the same has been awarded.

Source. 1889, 5:1. PS 156:32. PL 246:31. RL 296:31.

Section 367:34

367:34 Effect. – Whenever the petitioner has made such payment or tender and deposit, the stock, interest or property right of the stockholder shall become the property of the petitioner, and the court may make and enforce such orders as may be necessary to secure the same to the petitioner.

Source. 1889, 5:1. PS 156:33. PL 246:32. RL 296:32. RSA 367:34. 1967, 132:13, eff. July 18, 1967.

Section 367:35

367:35 Perfecting Title. – Whenever the petitioner has made payment or tender and deposit of all sums thus awarded, the lessee corporation, or the new corporation, as the case may be, shall become possessed and seized of the property, franchises and rights named in the contract of lease or union in accordance with the terms thereof, and the superior court may make and enforce any orders that may be necessary to perfect the title.

Source. 1889, 5:1. PS 156:34. PL 246:33. RL 296:33. RSA 367:35. 1967, 132:14, eff. July 18, 1967.

Section 367:36

367:36 Appeal. – Any stockholder who is aggrieved by the award may appeal therefrom by filing, in the office of the clerk of the superior court for the county of Merrimack, notice of his appeal, within 30 days after the award is filed.

Source. 1889, 5:1. PS 156:35. PL 246:34. RL 296:34.

Section 367:37

367:37 Entry of Appeal. – The justice who made the award, upon application of the appellant, shall direct the appeal to be entered at a term of the court to be held in the county in which the appellant resides or in which the principal office of the appellee is located, as he shall think best.

Source. 1889, 5:1. PS 156:35. PL 246:35. RL 296:35.

Section 367:38

367:38 Notice of Appeal; Assessment. – The appellant shall give notice to the appellee of his appeal, and of the court at which it will be entered, at least 14 days before the beginning of such term; and the court shall thereupon assess the value of his stock, interest or property right taken, by a jury.

Source. 1889, 5:1. PS 156:36. PL 246:36. RL 296:36.

Section 367:39

367:39 Judgment; Costs. – If upon such trial the amount of the award is increased, the stockholder shall have judgment and execution against the appellee therefor, with interest and costs; if it is decreased, the appellee shall have judgment and execution for such decrease.

Source. 1889, 5:1. PS 156:37. PL 246:37. RL 296:37.

Section 367:40

367:40 Hiring Money. – A corporation may borrow money to settle with its dissenting stockholders; provided, that its indebtedness is not thereby increased beyond the limit authorized by law.

Source. PS 156:40. PL 246:38. RL 296:38.

Section 367:41

367:41 Retirement of Stock. – Whenever a corporation becomes the owner of any of its stock, under the provisions of this chapter, it shall sell or retire the same within 2 years after it becomes such owner. Unless it can sell the same at private sale for as much as it cost the corporation, it shall make the sale by auction, and may make it in the Boston market.

Source. PS 156:41. PL 246:39. RL 296:39.

General Provisions

Section 367:42

367:42 Location. – No corporation shall locate a railroad upon or over any portion of a route for which a charter of any other corporation was upon September 14, 1883, and still is, existing, and under which a location has not been made, until it has been made or until the time limited in the charter for the location has expired; and no corporation shall locate a railroad upon or over any portion of a location made by any other corporation, except so far as may be necessary for connections and crossings.

Source. 1883, 100:8, 14. PS 156:38. PL 246:40. RL 296:40.

Section 367:43

367:43 Place of Business. – The principal place of business of every corporation formed under the provisions of this chapter, and the offices of the superintendent and other officers who have the general management of the business of the corporation, shall be within this state.

Source. 1883, 100:17. PS 156:39. PL 246:41. RL 296:41.

Section 367:44

367:44 Map or Profile; Filing Required. –
I. Any corporation which constructs a railroad or a branch or extension of a railroad shall file a map or profile of the railroad, branch or extension with the secretary of state.
II. The filing must be made within one year of the time the railroad, branch or extension is opened for public use.
III. The map or profile shall be certified by the corporation's president and engineer and shall contain tables of grade and curvature and a statement of other characteristics of the railroad.
IV. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the form of the map or profile.

Source. 1883, 100:16. PS 157:8. PL 247:8. RL 297:8. 1951, 203:54. RSA 367:44. 1981, 435:6. 1985, 402:6, I(e)(4).

Section 367:45

367:45 Adverse Possession. – No title to any real estate or to any interest therein shall be acquired by or against a railroad by adverse possession, however exclusive or long continued.

Source. 1862, 2625:1. 1865, 4085:1. GS 146:25. GL 160:25. PS 157:15. PL 247:13. RL 298:13. 1951, 203:54, eff. Sept. 1, 1951.

Section 367:46

367:46 List of Stockholders. – The treasurer of every railroad, any part of whose road is in this state, shall transmit to the state treasurer, on or before June 1 in each year, a list of the stockholders of the corporation residing in each town of the state on April 1 preceding, giving the number of shares owned by each, with a certificate, under oath, that the list is correct. Every treasurer who neglects to comply with the provisions of this section shall forfeit $100.

Source. 1860, 2353:1. GS 57:10. GL 62:10. PS 157:25. PL 247:19. RL 298:19. 1951, 203:50, eff. Sept. 1, 1951.

Section 367:46-a

367:46-a Railroad Service. –
I. No railroad shall tear up and remove or discontinue the use of any portion of its tracks other than spur, industrial or storage tracks, or curtail any part of its service to the public without notice to the department and such notice to the public as the department may direct. Upon complaint or upon its own motion, the department may investigate the reasonableness of the proposed action. Whenever a railroad has been authorized by proper authority to abandon a line, the department, after hearing, may issue an order requiring the removal of rails, ties and structures, at public highway crossings and the removal of piles, bents or piers in rivers and streams that may contribute to holding debris, and require the filling and repaving of the highway. The cost of such removal, fill and repaving shall be apportioned between the railroad, town, city and state as the department shall direct.
II. Any person who violates the provisions of this section or any order of the department issued pursuant to this section shall be guilty of a class B felony if a natural person or guilty of a felony if any other person.

Source. 1985, 402:18.

Application of Chapter

Section 367:47

367:47 Corporate Rights. – Nothing in this chapter shall impair the right which any railroad corporation has to unite with another corporation, or to become a party to a contract for the lease of a railroad.

Source. 1889, 5:16. PS 156:43. PL 246:42. RL 296:42.

Section 367:48

367:48 Foreign Corporation. – Foreign railroad corporations operating roads within this state shall have the same rights for the purposes of operating, leasing or uniting with other roads as if created by the laws of this state.

Source. 1883, 100:18. PS 156:44. PL 246:43. RL 296:43.

Section 367:49

367:49 Rights of State. – The rights of the state as to any corporation, its franchises or property shall not be impaired by any contract of lease or union made by it.

Source. PS 156:45. PL 246:44. RL 296:44.

Regulation of Railroads

Section 367:50

367:50 Rates, Fares and Charges. –
I. Every railroad shall print schedules of rates, fares and charges of the carrier for the transportation of passengers and baggage or for any other service and file these schedules with the commissioner. Such schedules shall be open to public inspection.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the form and content of the filing and printing and the time within which the filing and printing are required.
III. Unless the commissioner so orders, no carrier shall change a rate, fare or charge which has been filed with the commissioner, except after 30 days' notice to the commissioner and notice to the public as the commissioner directs.

Source. 1985, 402:19.

Section 367:51

367:51 Accounts, Records, and Reports. –
I. The commissioner may require:
(a) Annual reports from all railroads. The commissioner shall require that the reports be made under oath;
(b) Specific answers to any questions deemed necessary by the commissioner; and
(c) Copies of any agreements between a railroad and any other person if the agreement affects the railroad's business as regulated by RSA 367.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The form of accounts and all other records to be kept by railroads; and
(b) The length of time a railroad shall keep accounts and records.
III. The commissioner or his representative shall have access, at reasonable times, to all accounts, records and other documents of a railroad which relate to RSA 367.
IV. RSA 367:51 shall apply to receivers of railroad and operating trustees. RSA 367:51 shall apply, as deemed necessary by the commissioner, to persons with direct or indirect control over a railroad.
V. Annual reports of railroads shall conform as nearly as may be to those required of common carriers by the Interstate Commerce Commission under the provisions of the act of Congress, entitled "An Act To Regulate Commerce," and the acts amendatory thereof and supplementary thereto.

Source. 1985, 402:19.

Section 367:52

367:52 Extensions. – Without first having obtained the permission of the commissioner, no railroad shall begin the construction of an extension of its railroad or of any branch thereof; and the commissioner shall grant such permission whenever, after due hearing, he shall determine that such construction or extension would be for the public good, and not otherwise.

Source. 1985, 402:19.

Section 367:53

367:53 Recording Order. – If the petition shall be granted, the railroad corporation shall file in the office of the secretary of state a copy of the petition and of the order of the commissioner.

Source. 1985, 402:19.

Section 367:54

367:54 Railroad Leases, Etc. – No franchise, nor any right to or under any franchise, to own or operate a railroad shall be assigned, transferred or leased, nor shall any contract or agreement with reference to, or affecting, any such franchise or right be valid or of any force or effect whatever, unless the assignment, transfer, lease, contract or agreement shall have been approved by the commissioner following notice and public hearing. When the commissioner has given his approval of such an assignment or transfer, or of a contract or agreement relating thereto, and upon the execution of appropriate instruments of assignment or transfer, the assignee or transferee thereunder shall, with the approval of the commissioner, be vested with all the rights and franchises of the assignor or transferor and subject to all its duties and obligations except such duties and obligations as the commissioner may after hearing and by order find are no longer reasonably required in the public interest. Any holder of the capital stock of such assignor or transferor corporation who shall feel aggrieved by any such transaction shall be entitled to the benefits of all statutes regulating, protecting and determining the rights of a dissenting stockholder of a railroad in the case of a lease or union with another railroad; and the rights of any stockholder of such corporation dissenting from such assignment, transfer, contract or agreement approved as aforesaid shall be regulated, protected and determined by such statutes.

Source. 1985, 402:19.

Section 367:55

367:55 Railroad Safety and Inspection Program. –
I. For railroad properties within the state that are subject to federal regulation, the commissioner shall have the authority to participate in carrying out inspection activities in connection with any rule, regulation, order, or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, as amended, provided that the commissioner shall comply with all of the requirements imposed by federal law as a condition to such participation.
II. For railroad properties within the state that are not subject to federal regulation, the commissioner shall carry out such inspections as are necessary to maintain railroad safety within the state. If the commissioner finds any equipment or facilities to be unsafe, a proceeding shall be commenced as provided by law to develop an order for corrective action.
III. The commissioner shall employ such expert, professional, or other assistance as is necessary to carry out the activities of this section, provided that a former railroad employee shall not perform inspections within the same railroad division in which he or she formerly worked for a period of one year from the date the person terminated his or her railroad employment.

Source. 1985, 402:19. 2000, 97:2, eff. June 26, 2000.

Section 367:56

367:56 Accidents. – The commissioner shall require notification and reports of all accidents happening on all railroads in the state and shall investigate the causes of such accidents.

Source. 1985, 402:19. 1989, 9:1. 1997, 290:1, eff. Aug. 19, 1997.

Section 367:57

367:57 Lights on Railroad Track Motor Cars. – Every person, firm or corporation operating or controlling any railroad running through or within the state shall equip each of its track motor cars or similar vehicles used during the period from 30 minutes before sunset to 30 minutes after sunrise with an electric headlight of such construction and with sufficient candlepower to render plainly visible at a distance of not less than 300 feet in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing, and further shall equip such track motor car with a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of 300 feet.

Source. 1985, 402:19.