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Alabama Statutes, Title 37

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Alabama/Statutes

← All Alabama coverage

Title 37

23 chapters · 608 sections in this title.

All chapters in Title 37608 Ch 1, Public Service Commission117 Ch 4, Public Utilities Other Than Transpor…87 Ch 2, Transportation Companies85 Ch 8, Penal Provisions45 Ch 6, Electric Cooperatives39 Ch 3, Motor Vehicle Carriers38 Ch 9, Regulation of Air Commerce32 Ch 14, Service Territories for Electric Sup…28 Ch 7, Electric Membership Corporations21 Ch 13, Incorporation of Railroad Authoritie…21 Ch 15, Notification of Excavation or Demoli…15 Ch 2A, Communications Reform Act of 200513 Ch 17, Small Wireless Facilities12 Ch 16, Broadband Using Electric Easements A…10

608 sections·Filtered byTitle 37✕

Ala. Code § 37-8-220 Prohibited Instruments - Penalties
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Any person who violates any provision of this section, Section 37-8-217, Section 37-8-218, or Section 37-8-221 shall be guilty of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $1,000.00, to which, at the discretion of the court or judge trying the case…
Ala. Code § 37-8-221 Prohibited Instruments - Search and Seizure
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(a) In addition to the grounds enumerated in Section 15-5-2 for the issuance of search warrants, search warrants may be issued as prescribed in Title 15, for the seizure of any prohibited instrument, as defined in Sections 37-8-217, 37-8-218, 37-8-220, and this section. (b) Any s…
Ala. Code § 37-8-270 Biweekly Payment of Wages
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Every public service corporation engaged in transportation doing business in this state, employing as many as 50 or more employees, shall be required to make full payment to employees for services performed as often as once every two weeks, or twice during each calendar month, an…
Ala. Code § 37-8-280 Soliciting Claims from Shippers or Consignees Against Carriers
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Any agent, officer or attorney of any traffic association or freight bureau who asks, solicits or bids for any claim from any shipper or consignee against any carrier shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than $500.00 nor …

Ala. Code § 37-9-1 Title of Chapter

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This chapter shall be known and may be cited as the “Alabama Air Commerce Act.” (Acts 1945, No. 269, p. 414, §27.)

Ala. Code § 37-9-10 Establishment of Classifications for Air Carriers and Brokers; Authority to Exempt Same from Operation of Chapter

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The commission may make such just and reasonable classifications for brokers and air carriers, according to geographical sections, types or otherwise, as it may determine to be in the public interest, and may make any provision of this chapter inapplicable to any or all brokers o…

Ala. Code § 37-9-11 Investigation of Noncompliance with Chapter or Orders, Etc., of Commission; Remedial Action by Commission; Dismissal of Complaints

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The commission may investigate, either upon complaint or upon its own initiative, whether any broker or air carrier has failed to comply with any provisions of this chapter or with any orders, rules, regulations or requirements issued or established pursuant thereto and, after no…

Ala. Code § 37-9-12 Cooperation with State and Federal Authorities

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The commission is authorized to confer with or to hold joint hearings with any authorities of any state or of the government of the United States having jurisdiction with respect to matters involving air carriers, in connection with any matter arising under this chapter. The comm…

Ala. Code § 37-9-13 Interstate Rates, Services, Etc

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The commission shall have authority to investigate all interstate rates, fares, charges, classifications and services, or rules or practices in relation thereto, for or in relation to the interstate transportation of property or passengers by aircraft, where any act in relation t…

Ala. Code § 37-9-14 Proceedings Before Commission

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Except as herein otherwise expressly provided, in all respects in which the commission has power and authority under the Constitution of this state or this chapter, applications and complaints may be made and filed with the commission; processes, notices and orders issued, served…

Ala. Code § 37-9-15 Conflicts of Interest of Members or Employees of Commission

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No member of the commission nor any employee of the commission appointed or employed in the administration of this chapter, shall in any manner, directly or indirectly, have pecuniary interest in, or any securities of, or hold any position with, any air carrier, broker, motor car…

Ala. Code § 37-9-16 Certificates for Common Carriers and Permits for Contract Carriers - Required

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(a) Certificate. No person shall engage in the business of a common carrier by aircraft unless there is in force a certificate issued by the commission authorizing such person to engage in such business. (b) Permit. No person shall engage in the business of a contract carrier by …

Ala. Code § 37-9-17 Certificates for Common Carriers and Permits for Contract Carriers - Application; Notice and Public Hearing on Application; Investigations to Determine Need for Additional Air Transportation; Institution of Proceedings to Furnish Additional Services Determined Necessary

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(a) Applications for certificates and permits shall be made in writing to the commission, be verified under oath and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the commission shall, by regulation, requ…

Ala. Code § 37-9-18 Certificates for Common Carriers and Permits for Contract Carriers - Surety Bonds, Insurance Policies, Etc., Required

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No certificate or permit shall be issued to an air carrier or shall remain in force unless such carrier complies with such reasonable rules and regulations as the commission shall prescribe covering the filing and approval of surety bonds, policies of insurance, qualifications as…

Ala. Code § 37-9-19 Certificates for Common Carriers and Permits for Contract Carriers - Issuance or Denial; Standards; Temporary Authorization for Service

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(a) The commission shall, subject to subsections (b) and (d) of this section and Section 37-9-18, issue a certificate or permit as applied for authorizing the whole or any part of the operation covered by an application for a certificate or permit, if it finds that the applicant …

Ala. Code § 37-9-2 Definitions

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As used in this chapter, unless the context otherwise requires: (1) AIR CARRIER. This term includes both a common carrier by aircraft and a contract carrier by aircraft. (2) AIR COMMERCE. The carriage by aircraft of persons or property, or any class or classes thereof, for compen…

Ala. Code § 37-9-20 Certificates for Common Carriers and Permits for Contract Carriers - Contents; Terms, Conditions and Limitations; Effective Date; Duration; Charter Flights; Emergency Landings, Etc

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(a) Each certificate issued under this chapter shall specify the points between which, or areas within which the person is authorized to engage in operations as a common carrier by aircraft, the services to be rendered and, in the case of carriage of goods, the commodity or commo…

Ala. Code § 37-9-21 Certificates for Common Carriers and Permits for Contract Carriers - Alteration, Amendment, Modification, Suspension or Revocation

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The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order alter, amend, modify, suspend or revoke any certificate or permit, in whole or in part, for intentional misrepresentation of a material fact in obtaining …

Ala. Code § 37-9-22 Certificates for Common Carriers and Permits for Contract Carriers - Authority to Require Common Carriers to Make Reasonable Extension of Existing Service

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The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order require any common carrier by aircraft to make reasonable extension of its existing service if the commission finds that such extension is required by the…

Ala. Code § 37-9-23 Certificates for Common Carriers and Permits for Contract Carriers - Transfer or Lease

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Any certificate or permit may be transferred or leased subject to the approval of the commission and under such rules and regulations as may be prescribed by the commission. Except where a transfer of a certificate or a permit results from the operation of law, approval of such t…

Ala. Code § 37-9-24 Broker’s Licenses; Bond or Other Security Required of Brokers; Powers of Commission as to Brokers’ Accounts, Reports and Records

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(a) No person shall, for compensation, sell or offer for sale transportation subject to this chapter or shall make any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation or shall hold himself or itself out by advertisement, solicita…

Ala. Code § 37-9-25 Establishment of Fees for Permits, Certificates, Etc.; Disposition of Revenue

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(a) The commission shall have the right to fix reasonable fees to be paid to the commission by any applicant for a certificate or permit or for any other purpose provided for by the terms of this chapter; provided, that such fees in all instances be reasonable and comparable to t…

Ala. Code § 37-9-26 Abandonment or Discontinuance of Route

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No common carrier by aircraft shall abandon or discontinue any route, or part thereof, for which a certificate has been issued by the commission, unless upon the application of such common carrier, after notice and opportunity for hearing, the commission shall find such abandonme…

Ala. Code § 37-9-27 Air Carriers to File Tariff of Rates, Fares and Charges; Rejection of Tariff and Consequences Thereof; Refunds or Remittances of Rates, Fares and Charges; Changes in Rates, Fares and Charges; Filing of Divisions of Joint Rates, Fares and Charges

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(a) Every common carrier by aircraft shall file with the commission, print and make available to the public, tariffs showing all the rates, fares and charges for the intrastate transportation of persons or property within the state between points served by it, and between points …

Ala. Code § 37-9-28 Duties of Air Carriers as to Service, Facilities, Etc.; Undue Preferences and Advantages Prohibited; Extension of Credit; Commission to Establish, Enforce, Etc., Reasonable Rates, Fares, Etc.; Proceedings as to Validity of Rates, Fares, Etc.; Authority to Prescribe Service and Rates, Fares, Etc.; Time Tables

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(a) It shall be the duty of every common carrier by aircraft to provide and furnish intrastate transportation, as authorized by its certificate, upon reasonable request to have and to provide reasonable through intrastate service in such transportation in connection with other su…

Ala. Code § 37-9-29 Reports from Air Carriers; Form of Accounts, Records, Etc., Maintained by Carriers; Right of Access to Lands, Buildings, Accounts, Etc., of Carriers; Appointment of Special Agents or Auditors to Inspect Same

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(a) The commission is empowered to require annual reports from any air carrier covering any or all operations of business. The contents of such report, and the form thereof, shall conform as nearly as may be to that required of air carriers and air contractors by the Civil Aerona…

Ala. Code § 37-9-3 Exemptions from Operation of Chapter - United States Mail; Occasional Intrastate Commerce

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Nothing in this chapter shall be construed to apply to: (1) The transportation or handling of United States mail; or (2) The casual, occasional or reciprocal carriage of passengers or property by aircraft in intrastate commerce for compensation by any person not engaged in air co…

Ala. Code § 37-9-30 Reparation for Excessive Charges

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When complaint has been made to the commission concerning any rate, fare or charge for any service performed by any air carrier, and the commission has found, after investigation, that the air carrier has charged an unreasonable, excessive or discriminatory amount for such servic…

Ala. Code § 37-9-31 Penalties

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Every person, including any officer, agent or employee of a corporation, who violates, procures, aids or abets in the violation of any provision of this chapter or fails to comply with any order, decision or regulation issued by the commission shall be guilty of a misdemeanor, an…

Ala. Code § 37-9-32 Additional Compensation of Members of Commission

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For the extra, new and additional duties imposed upon the commission and the members thereof by this chapter and for the performance of duties which are and will be hereafter required of said commission and the members thereof hereunder, each member of the commission, in addition…

Ala. Code § 37-9-4 Exemptions from Operation of Chapter - Interstate Commerce

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Nothing in this chapter shall apply to, or be construed or held to apply to, any common carrier by aircraft which the commission shall by order determine to be engaged mainly and principally in interstate commerce and whose intrastate business is incidental to its interstate busi…

Ala. Code § 37-9-5 Declaration of Policy

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(a) It is hereby declared to be the policy of this state to regulate intrastate air commerce in such manner as to: (1) Recognize and preserve the inherent advantages of such commerce; (2) Foster sound economic conditions in such commerce and among air carriers in the public inter…

Ala. Code § 37-9-6 No Property Rights in Use of Airspace Conferred by Chapter

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Nothing in this chapter shall confer any proprietary or property rights in the use of airspace over the State of Alabama. (Acts 1945, No. 269, p. 414, §4.)

Ala. Code § 37-9-7 Air Commerce Subject to Chapter and to Control of Commission

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No person shall engage in air commerce except in accordance with the provisions of this chapter, and every person engaging in air commerce is hereby declared to be subject to control, supervision and regulation by the commission. (Acts 1945, No. 269, p. 414, §5.)

Ala. Code § 37-9-8 Duty of Commission to Administer Chapter; Rules, Regulations and Orders of Commission

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It shall be the duty of the commission to administer the provisions of this chapter, and to that end the commission is hereby authorized to make and amend such general or specific rules and regulations and to issue such orders as may be reasonably necessary to carry out such prov…

Ala. Code § 37-9-9 Inquiries into Business of Air Carriers, Brokers, Etc

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The commission shall have authority, for purposes of the administration of the provisions of this chapter, to inquire into the management of the business of air carriers and brokers and into the management of the business of persons controlling, controlled by or under common cont…

Ala. Code § 37-10-1 Short Title

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This chapter may be cited as the “State Rail Preservation Act”. (Acts 1976, No. 307, p. 340, §1.)

Ala. Code § 37-10-2 Definitions

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When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department of Transportation of the State of Alabama. (2) PERSON. An individual, corporation, partnershi…

Ala. Code § 37-10-3 Powers of State Department of Transportation Generally

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The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies and for rail safety subsidies which are or may become available pursuant to the provisions and regulations of the Federal Railroad Revitalizatio…

Ala. Code § 37-10-4 Expenditure of Federal Funds, Etc., by Department; Cooperation with Local or Regional Transportation Authorities, Governmental Units, Etc

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(a) The department is hereby authorized to expend federal funds now available under the provisions of the Federal Railroad Revitalization and Regulatory Reform Act of 1976, any other funds that may become available pursuant to subsequent legislation or any funds appropriated by t…

Ala. Code § 37-10-5 Requests for by Department and Provision by Railroads of Data and Information; Reimbursement of Railroads for Expenses Incurred in Gathering and Compiling Data; Department to Avoid Disclosure of Confidential Information

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(a) The department in performing its planning function is authorized to request any railroad to provide such data and information as are necessary for the planning process. The department shall make every effort to ensure that such requests are compatible with the information req…

Ala. Code § 37-10-6 Promulgation of Rules and Regulations

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The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the provisions of this chapter. (Acts 1976, No. 307, p. 340, §7.)

Ala. Code § 37-10-7 Appropriation

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Any sums of money necessary to supplement available federal funds to provide for those activities enumerated under Section 37-10-3 are hereby appropriated. The appropriation is nonlapsing and shall be expended by the department for only those purposes included in this chapter. (A…

Ala. Code § 37-10A-1 Legislative Findings

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The Legislature makes the following findings and statements regarding the need for shortline railroad rehabilitation in Alabama: (1) Shortline railroads are an integral part of Alabama’s total transportation network; however, lack of funding for railroads places Alabama in a less…

Ala. Code § 37-10A-2 Short Title

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This chapter shall be known and may be cited as the Alabama Shortline Railroad Infrastructure Rehabilitation Act. (Act 2008-382, p. 711, §2.)

Ala. Code § 37-10A-3 Definitions

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For purposes of this chapter, the following terms shall have the following meanings: (1) DEPARTMENT. The Alabama Department of Transportation or any successor agency of the department. (2) FUND. The Alabama Shortline Railroad Infrastructure Rehabilitation Fund created by this cha…

Ala. Code § 37-10A-4 Shortline Railroad Infrastructure Rehabilitation Program and Fund

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(a) There is created the Alabama Shortline Railroad Infrastructure Rehabilitation Program within the Alabama Department of Transportation. The program is established to promote and develop safe and efficient rail transportation service for the State of Alabama by providing grants…

Ala. Code § 37-10A-5 Determination of Needs; Financial Assistance

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The department shall establish a program under this chapter whereby the department will determine if a shortline railroad has a need for the rehabilitation of any railroad bed, bridge, track, building, other railroad facility, or other infrastructure improvement of any descriptio…

Ala. Code § 37-11-1 Execution and Text of Compact

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The Governor, on behalf of this state, is hereby authorized to execute a compact in substantially the following form with the states of Louisiana and Mississippi, and the legislature hereby signifies in advance its approval and ratification of such compact, which compact is as fo…

Ala. Code § 37-11A-1 Execution and Text of Compact

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The Governor, on behalf of this state, shall execute a compact, in substantially the following form, with the State of Mississippi, and the Legislature approves and ratifies the compact in the form substantially as follows: Northeast Mississippi - Northwest Alabama Railroad Autho…