JOINT, CONNECTING, AND TERMINAL SERVICE
379:1 Joint Service by Railroads.
I. The commissioner of transportation, after a hearing upon complaint or on his own initiative, may establish joint services for 2 or more railroads when the lines could form a continuous line by:
(a) Construction and maintenance of suitable connections;
(b) Joint use of equipment.
II. The commissioner may determine the rates, fares and charges to be used by railroads engaged in joint services and may adopt rules, pursuant to RSA 541-A, relative to rates, fares, charges and classifications.
Source. 1913, 145:12. 1917, 76:4. PL 243:1. RL 293:1. 1951, 203:47 par. 1. RSA 379:1. 1981, 435:40. 1985, 402:22.
379:2 Division of Rates.
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the division of joint rates, fares, charges, and classifications between railroads engaging in joint services whenever the division shall not be made by agreement. Any division agreed upon shall be subject to revision by the department if found to be inconsistent with the public interest.
Source. 1913, 145:12. 1917, 76:4. PL 243:2. RL 293:2. 1951, 203:47 par. 2. RSA 379:2. 1981, 435:41. 1985, 402:23.
379:3 Through Routes.
In establishing such through route, the department of transportation shall not require any railroad without its consent to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction, and under a common management or control, therewith which lies between the termini of such proposed through route, unless to do so would make such through route unreasonably long as compared with another practicable through route which could otherwise be established.
Source. 1913, 145:12. PL 243:3. RL 293:3. 1951, 203:47 par. 3, eff. Sept. 1, 1951.
379:4 Use of Motive Power.
No railroad shall be required to allow the use of any motive power, other than its own, upon its railroad.
Source. 1855, 1666:2. GS 150:2. GL 164:2. PS 157:11. PL 247:11. RL 297:11. 1951, 203:47 par. 4, eff. Sept. 1, 1951.
Whenever joint service has been established by 2 or more railroads, the department shall have authority to prevent any unjust or unreasonable termination of the same or to order the reestablishment of such service if so terminated.
Source. 1913, 145:12. PL 243:4. RL 293:4. 1951, 203:47 par. 5. RSA 379:5. 1985, 402:24.
379:6 Fixing Rates.
Whenever, after hearing and investigation, the department shall find any joint rate, fare, charge or price demanded and collected for any existing joint service participated in by 2 or more railroads to be unjust, unreasonable or discriminatory, it shall fix the same upon a just, reasonable and nondiscriminatory basis.
Source. 1913, 145:12. PL 243:5. RL 293:5. 1951, 203:47 par. 6. RSA 379:6. 1985, 402:25.
If the railroads affected thereby shall fail to agree upon the division or apportionment thereof, the department may prescribe the division of such joint rates, fares, charges and classifications between such railroads and may revise any division agreed upon which shall be found inconsistent with the public interest.
Source. 1913, 145:12. PL 243:6. RL 293:6. 1951, 203:47 par. 7. RSA 379:7. 1985, 402:26.
Every railroad, upon the application of any shipper or receiver, or contemplated shipper or receiver of freight, for a switch connection between the railroad and any existing or contemplated track, tracks or railroad of such applicant shall make such connection and provide such switches and tracks as may be necessary for that purpose and deliver and receive cars thereover; provided, that such connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which such connection is sought, and that the business which may reasonably be expected to be received by such railroad over such connection is sufficient to justify the expense of such connection to such railroad.
Source. 1917, 76:5. PL 243:7. RL 293:7. 1951, 203:47 par. 8, eff. Sept. 1, 1951.
Under the conditions specified in RSA 379:8, every railroad, upon the application of any shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby, and shall receive and deliver freight thereby.
Source. 1917, 76:5. PL 243:8. RL 293:8. 1951, 203:47 par. 9, eff. Sept. 1, 1951.
379:10 Refusal to Provide Spurs.
Whenever the department of transportation, after a hearing had upon its own motion or upon complaint, shall find that application has been made to a railroad for a connection or spur as provided herein, and that the railroad has refused to provide the same upon reasonable terms, and that the applicant is entitled to have the same provided for him, the department of transportation shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms, which the department of transportation shall have the power to prescribe.
Source. 1917, 76:5. PL 243:9. RL 293:9. 1951, 203:47 par. 10, eff. Sept. 1, 1951.
379:11 Apportionment of Cost.
Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the track, tracks or railroad thereby connected with the railroad of the railroad company and to use the same, or to use the spur so provided, upon payment to the party or parties incurring the primary expense of such track, tracks or railroad or the connection therewith or of such spur of a reasonable proportion of the cost thereof to be determined by the department of transportation after notice to the interested parties and hearing; provided, that such connection and use can be made without unreasonable interference with the rights of such party or parties.
Source. 1917, 76:5. PL 243:10. RL 293:10. 1951, 203:47 par. 11, eff. Sept. 1, 1951.
The department of transportation shall likewise have the power to require one railroad to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad and to prescribe the terms and compensation for such service.
Source. 1917, 76:5. PL 243:11. RL 293:11. 1951, 203:47 par. 12, eff. Sept. 1, 1951.
Joint Use of Facilities, Etc.
Any railroad may, upon petition to the department of transportation, jointly use any of the facilities of an existing railroad when the department of transportation finds the joint use to be for the public good. The commissioner of transportation may adopt rules, pursuant to RSA 541-A, relative to the terms and restrictions of joint use.
Source. 1929, 180:1. RL 293:12. 1951, 203:47 par. 13. RSA 379:13. 1981, 435:42, eff. June 23, 1981.
The department of transportation shall, upon notice to all parties in interest, hear and determine whether the right prayed for is for the public good and the compensation to be paid therefor, and shall render judgment accordingly. Notice published at least 14 days prior to said hearing in any newspaper published in the state 6 days each week shall be proper notice to all parties.
Source. 1929, 180:2. RL 293:13. 1951, 203:47 par. 14, eff. Sept. 1, 1951.
379:15 Appeal on Damages.
Any party aggrieved by the order of the department of transportation awarding damages in such case may within 60 days after the entry of its order, and not afterward, file in the superior court of any county in which are located any of the lines, tracks, rights of way, stations, equipment, or facilities, the joint use of which is sought, a petition to have damages assessed by a jury, upon which petition notice shall be given, and the court shall assess such damages by jury.
Source. 1929, 180:3. RL 293:14. 1951, 203:47 par. 15, eff. Sept. 1, 1951.
In such proceedings, the department of transportation shall charge and collect fees as follows: for the entry of each petition, $25; for the making of each order of notice for service upon parties in interest, $5; for each notice by publication, the actual cost thereof; and for the entry of each order granting joint use of lines, tracks, rights of way, stations, equipment, or facilities in any such case, $10.
Source. 1929, 180:4. RL 293:15. 1951, 203:47 par. 16, eff. Sept. 1, 1951.