0 chapters · 612 sections in this title.
Ala. Code § 37-2-35 Personal Baggage of Passengers - Free Transportation Within Certain
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Weight Limits. Every transportation company in this state, which shall engage in the carrying of passengers, shall receive and transport, without compensation or other transportation charges, with each passenger, the personal baggage of such person or passenger, not exceeding 150…
Ala. Code § 37-2-36 Personal Baggage of Passengers - Charge for Excess Baggage
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Every transportation company in this state shall charge passengers, on all baggage weighing over 150 pounds, sixteen and two-thirds percent of the regular fare to destination per 100 pounds in excess of the said 150 pounds, but no charge for any fraction of the first 100 pounds e…
Ala. Code § 37-2-37 Personal Baggage of Passengers - Baggage, Etc., of Commercial
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Travelers. The baggage, samples, goods, wares, appliances, and catalogues of commercial travelers or their employers, and used by them for the exclusive purpose of transacting their business and carried with them solely for that purpose and which in no instance shall be sold or o…
Ala. Code § 37-2-38 Personal Baggage of Passengers - Maximum Size and Weight Limits;
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Exceptions. No transportation company shall be required to transport any piece of baggage exceeding in greatest dimensions 72 inches, or 250 pounds maximum weight, excepting immigrant baggage checked at port of landing, whips in flexible cases, and public entertainment parapherna…
Ala. Code § 37-2-39 Personal Baggage of Passengers - Storage Charges for Baggage Left
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in Baggage Rooms or Station Houses. All passengers of whatever character having baggage transported by companies under the provisions of this division shall have 24 hours, not including legal holidays or Sundays, for the removal of such baggage from the baggage room or station ho…
Ala. Code § 37-2-4 When Certificate of Convenience and Necessity Required
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No transportation company shall undertake the extension of its service or the construction of a new plant, property or facility, except ordinary extensions in the usual course of business, or shall acquire or operate any line, plant or property of another transportation company, …
Ala. Code § 37-2-4.1 Owners of Land Proposed to Be Acquired by Utility or Telephone
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Company to Be Given Notice of Filing of Application for Certificate of Convenience and Necessity. Any utility or telephone company that is required to obtain a certificate of convenience and necessity under Section 37-2-4 or Section 37-4-28 from the Alabama Public Service Commiss…
Ala. Code § 37-2-40 Free Transportation or Reduced Rates
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Nothing in this chapter shall be construed to prevent the carrying, storage or handling by any transportation company, subject to the provisions of this title, of property free or at reduced rates for the United States, or for the State of Alabama, or for any municipality, or for…
Ala. Code § 37-2-41 Inspection and Supervision Fees; Election
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(a) Each transportation company doing business in this state and subject to the control and jurisdiction of the commission with respect to its rates and service regulations shall pay quarterly to the commission, beginning November 1, 1985 and on each quarter thereafter, February …
Ala. Code § 37-2-42 Refund of Excessive Charges Upon Submission of Expense Bill or
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Receipt. Any person, firm or corporation may submit to the commission, by mail or in person, any transportation company expense bill or receipt, showing charges paid for transportation of any property by freight or express for the purpose of having the same examined with respect …
Ala. Code § 37-2-43 Soliciting Claims Against Transportation Companies Forbidden
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No agent, officer or attorney of any traffic association or freight bureau shall ask for, bid for or solicit any claim from any shipper or consignee against any transportation company, and no portion of any money paid by any company on any such reparation claim shall ever be paid…
Ala. Code § 37-2-44 Rights of Action Not Waived; Penalties Cumulative
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This chapter shall not release or waive any right of action by the state, the commission or by any body politic, municipal corporation, person or corporation for any right or penalty which may have arisen or accrued or may hereafter arise or accrue under any law of this state. Al…
Ala. Code § 37-2-45 Recovery of Penalties or Forfeitures
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A civil action to recover the forfeitures provided for in this chapter may be brought at any time within two years from the date the offense was committed or forfeiture was incurred in the name of the State of Alabama, in any court of competent jurisdiction in any county in which…
Ala. Code § 37-2-46 Each Violation Constitutes Separate Offense; Act of Employee Act of
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Company. Every violation of the provisions of this chapter, or of any order, decision, rule, regulation, direction or requirement of the commission, or any part or portion thereof, by any transportation company, is a separate and distinct offense, and in case of a continuing viol…
Ala. Code § 37-2-5 When Permit to Abandon Service Required
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No transportation company subject to this chapter shall abandon all or any portion of its service to the public or the operation of any of its lines, properties or plant which would affect the service it is rendering the public, except ordinary discontinuances of service for nonp…
Ala. Code § 37-2-6 Application for Certificate or Permit - Notice and Hearing
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The application for and issuance of any such certificate of convenience and necessity or application for a permit to abandon its service, provided for in Sections 37-2-4 and 37-2-5, shall be under such rules and regulations as to hearing and other matters as the commission may, f…
Ala. Code § 37-2-60 Measure of Damages for Loss, Injury, or Delay in Delivery, Etc
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In all cases of loss, destruction, injury to, delay in delivering or failure to deliver property, chattels or goods of any character to the person entitled thereto by a transportation company, having received the same for shipment in accordance with the contract of shipment, such…
Ala. Code § 37-2-61 Claim for Damages
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(a) When any property, chattels, or goods have been received by any transportation company for transportation, and such goods, chattels, or property shall be lost, destroyed or injured, or shall not be delivered according to the contract of shipment, the shipper, consignor, consi…
Ala. Code § 37-2-62 Action for Damages
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(a) If the value of such goods, property or chattels so lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall not be paid or tendered to such person entitled thereto so presenting such verified claim therefor within the time prescribed in subs…
Ala. Code § 37-2-7 Application for Certificate or Permit - Grant or Refusal; Conditions;
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Revocation; Exception. The commission, as it deems to the best interest of the public, may grant in part or in whole, or may refuse such applications, and in the event such applications are granted, the commission may impose such conditions as it deems expedient for the protectio…
Ala. Code § 37-2-8 List of Tickets, Passes and Mileage Books to Be Filed with Commission
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Every transportation company shall, on or before September 1 in each year, and oftener if required by the Public Service Commission, file with the commission a verified list of all railroad tickets, passes and mileage books, issued free or for other than actual bona fide money co…
Ala. Code § 37-2-80 Railroad Signs
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Every railroad company must erect, at all points where its road crosses any public road, at a sufficient elevation to admit of the free passage of vehicles of every kind, a sign, with large and distinct letters placed thereon, to give notice of the proximity of the railroad and w…
Ala. Code § 37-2-81 Duty of Locomotive Engineer to Ring Bell or Blow Horn, Etc
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The engineer or other person operating a locomotive on any railroad must blow the horn or whistle or ring the bell: (1) At least one fourth of a mile before reaching any public road crossing or any regular station or stopping place on such railroad and continue with such signal a…
Ala. Code § 37-2-82 Stopping Trains at Crossings; Right-of-Way
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When the tracks of two railroads cross each other at grade, engineers and conductors must cause the trains of which they are in charge to come to a full stop within 100 feet of such crossing and not to proceed until they know the way to be clear, the train on the railroad having …
Ala. Code § 37-2-83 Liability of Railroad for Failure to Comply with Sections 37-2-80 through
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37-2-82; Burden of Proof. A railroad company is liable for all damages done to persons, or to stock or other property, resulting from a failure to comply with the requirements of Sections 37-2- 80 through 37-2-82, or any negligence on the part of such company or its agents; and w…
Ala. Code § 37-2-84 Abandonment and Discontinuance of Grade Crossings
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(a) The Department of Transportation is given authority and power to abandon and discontinue any portion of a state highway, or street on a state highway route with the approval of the city council or governing body of any municipality, crossing the tracks or right-of-way of any …
Ala. Code § 37-2-85 Examination and Licensing of Railroad Employees
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(a) It shall be the duty of every person or corporation operating a railroad in this state, before employing any person as train dispatcher, engineer, conductor, fireman, flagman, brakeman, trackman, or switchman to subject the applicant for employment to a thorough examination r…
Ala. Code § 37-2-86 Employment of Unlicensed Persons
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Any person or corporation operating a railroad in this state who employs any person as engineer, fireman, train dispatcher, conductor, flagman, brakeman or switchman, who has not been examined and licensed as provided by Section 37-2- 85, shall, on conviction, be fined not less t…
Ala. Code § 37-2-86.1 Conductor and Engineer’s Qualification Permit Contents; Display
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Every railroad conductor and engineer in this state shall carry on his person while on duty in train service a conductor/engineer’s qualification permit. Every company, association, person or other entity which employs or permits railroad conductors and engineers to engage in tra…
Ala. Code § 37-2-87 Instruction of Engineers and Conductors
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The chief superintendent of every railroad shall instruct the engineers and conductors thereof, as to the provisions of Sections 37-2-81 and 37-2-82, and order them to comply therewith. History: (Code 1867, §1405; Code 1876, §1703; Code 1886, §1148; Code 1896, §3444; Code 1907, §…
Ala. Code § 37-2-88 Railroad Drawbridges
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(a) All steamboats approaching, with the intention of passing through, any railroad drawbridge, when about three miles, and again when about two miles, and again when about one mile, and again when about half a mile therefrom, must give, as signals, three loud and distinct sounds…
Ala. Code § 37-2-89 Railroad Fences; Liability for Injury to Stock
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(a) Whenever the Public Service Commission deems it necessary that any railroad in this state, or any portion thereof, shall be fenced, it shall notify the person or corporation operating such railroad of their conclusion. (b) Upon failure, after a reasonable notice, to fence suc…
Ala. Code § 37-2-9 Repairs, Improvements or Changes in Property or Devices
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If, in the judgment of the Public Service Commission, repairs or improvements to or changes in any trains, switches, terminals or terminal facilities, motive power, or any other property or device used by any transportation company, subject to the supervision of the Public Servic…
Ala. Code § 37-2-90 Locomotive Headlights
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All companies, corporations, lessees, owners, operators, or receivers of any railroad or railway company operating a railroad or railway in whole or in part in this state shall equip, maintain and use upon every locomotive being operated in road service in this state in the night…
Ala. Code § 37-2-91 Railroad Accident Reports
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Every person, corporation, company or association operating a railroad shall give notice to the commission of every accident happening on any portion of its line in this state, which is attended with death or maiming or other serious injury to the person of anyone, within five da…