Title 40 — Public Utilities and Carriers

A person operating a railway in this state shall not establish or maintain a relief association or society the rules or by-laws of which require any employee to become a member thereof, or to enter into an agreement or stipulation, directly or indirectly, whereby the employee sti…

A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state. B. Where deep excavations, heavy embankments or other c…

If it is necessary for any of the purposes enumerated in this article for a corporation to acquire land, estate or right therein, which is the property of the estate of an infant, insane person or deceased person, the personal representative may sell and convey the land, estate o…

For the purpose of protecting the health and safety of employees of railroads, the Arizona corporation commission shall prescribe standards of safety and safety devices requiring: 1. Installation and maintenance by railroads of electric marker warning lights on the rear of all tr…

When an employee files a complaint with the commission charging violation of regulations of the commission, or the commission upon its own initiative issues a complaint, the person complained of shall be served with a copy thereof and shall, within twenty days, file a written ans…

A. Within forty-five days after conclusion of a hearing held under the provisions of this article, the commission shall issue an order dismissing the complaint or requiring compliance with a regulation of the commission. The commission may, in its discretion, allow the employer n…

A. All persons engaged in the operation of railroads shall comply with any regulation or order of the commission issued under the provisions of this article, and to furnish any information required by the commission for purposes of this article. B. The commission or its authorize…

A. Any person failing to comply with an order or regulation of the commission authorized by this article shall be liable to a penalty of twenty-five dollars for each day of noncompliance. B. The attorney general shall file an action on behalf of the state for any unpaid penalty w…

A. Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in the transportation of trains over the railroad, except locomotives regularly used in switching cars or trains, with electric headlights of not less than fifteen hundred candle power …

A. Each railroad corporation shall equip its locomotives with a bell weighing not less than twenty pounds. B. Any railroad corporation which fails to comply with subsection A of this section is liable for a penalty of one hundred dollars which shall be recovered by an action file…

A. It is unlawful for any railroad to operate on its tracks within the state an engine not equipped with an automatically operated bell ringer for ringing the bell on the engine, which will cause the bell on the engine to continue to ring after being set in motion by the engineer…

A. It is unlawful for an owner or operator of a common carrier railroad to transport its employees in, or for such purpose to furnish its employees with, a rail motor car not having the following equipment: 1. A transparent windshield made of safety glass or plastic and sufficien…

An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of…

A person in charge of a railroad locomotive who before crossing any traveled public way omits to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at least eighty rods from a crossing and until it is reached, is guilty of a class 2 misd…

An officer, agent or servant of a railroad company who is guilty of any criminally negligent violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a class …

A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad …

A. A passenger, mail or express train composed of less than six cars, when operated outside yard limits shall carry a crew consisting of not less than one engineer, one fireman, one conductor and one flagman. This subsection shall not apply to gasoline motor cars. B. A passenger,…

A. It is unlawful for any railroad company, or for the receiver of such company, to run upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry for use in its operation, a full crew as provided by section 40-881. B. Each railr…

A. Nothing contained in sections 40-881 and 40-882 shall apply: 1. To relief or wrecking trains when a sufficient number of persons are not immediately available to comply with those sections. 2. To any railroad less than forty miles long, including all of its operated lines. 3. …

A railroad company or corporation operating a line of railroad within this state, which employs or permits any person to act as telegraph operator for the purpose of receiving or transmitting messages, orders or other instructions governing or affecting the movement of a train un…

It is the policy of the people of the state of Arizona that featherbedding practices in the railroad industry should be eliminated and that national settlement of labor controversies relating to the manning of trains should be made effective in Arizona. Accordingly, the award of …

When any freight or baggage comes into possession of a common carrier, and is unclaimed or cannot be delivered, the carrier shall safely keep it as a warehouseman for three months, unless it is perishable or liable to depreciate in value by keeping, and the carrier shall be entit…

A. At the expiration of the three months period as provided by section 40-1001, the carrier may sell the freight or baggage at public auction for cash, at the place of delivery, or at the county seat of the county in which the place of delivery is located, after ten days public n…

A. In order to prepare the notice and make the sale, the carrier shall open each package and inspect the contents thereof, which shall be exposed at the time of sale. B. A true record of the sale shall be kept, including a copy of the notice.

A. The proceeds of the sale shall be paid, less the expenses of sale and the carrier's charges, upon demand and proof of ownership made by the owner to the carrier at any time within sixty days after the sale. B. If the proceeds of the sale are not claimed by the owner within six…

A. If unclaimed freight or baggage is perishable or liable to depreciate in value by keeping, and that fact appears to the carrier, it may be sold forthwith and without notice at the places provided by section 40-1002. B. The proceedings after such sale shall be the same as provi…

In articles 2, 3 and 4, unless the context otherwise requires: 1. "Authority" means a metropolitan public transit authority organized under this article. 2. "Board" means the board of directors of a metropolitan public transit authority. 3. "Director" means a member of the board …

A. A metropolitan public transit authority may be formed by any of the following: 1. The governing body of a municipality, the population of which is not less than fifty-one per cent of the proposed area of the authority. 2. The governing bodies of more than one municipality acti…

A. A metropolitan public transit authority shall be organized and incorporated in the following manner: 1. The governing body of a municipality or county or the governing bodies of more than one municipality or county may pass an ordinance or ordinances declaring that the public …

A. An authority shall be subject, in the operation of its transportation facilities and equipment, to the laws and regulations of the state of Arizona and of the applicable municipalities relating to traffic and operation of vehicles on the streets and highways of the state and o…

Additional areas may be included within the boundaries of the authority and become a part of such authority. If a petition for the inclusion of additional territory signed by at least fifty-one per cent of the qualified electors who reside within the limits of the additional terr…

A party aggrieved by the act of a municipality or county in forming a metropolitan transit authority may, not later than twenty days after passage of the ordinance to incorporate the authority, bring an action in superior court in the county in which the authority is formed to se…

The authority may use the provisions of law relating to eminent domain. No provision for eminent domain given to the authority by this section or by any provision of law may be exercised against property or any franchise of a common carrier of passengers when a territory is being…

A. The title to all property acquired under the provisions of this article shall immediately and by operation of law vest in such transit authority, in its corporate name, and is dedicated and set apart for the uses and purposes set forth in this article, and shall be exempt from…

A. All powers, privileges and duties vested in a metropolitan public transit authority shall be administered by a board of directors consisting of at least five and not more than eleven members. Each member shall be a resident of the area covered by the authority. The initial boa…

A. The board of directors shall: 1. Be the governing body of the authority and, in compliance with the provisions of this article, shall determine all questions of policy of the authority. 2. Fix the time and place at which its regular meeting shall be held, and shall provide for…

A. Officers of an authority may consist of the board of directors, and a general manager, a general counsel, a treasurer and a comptroller, as may be appointed by the board of directors to serve at the pleasure of the board. All other officers, deputies and employees shall be app…

A metropolitan public transit authority may: 1. Sue and be sued. 2. Adopt a corporate seal. 3. Take by grant, purchase, bequest, devise, or lease, and hold, enjoy, lease, sell, encumber, or otherwise dispose of real property or personal property of every kind within the purview o…

An authority may cooperate with and enter into agreements with the state of Arizona or any public agency for the acquisition, construction, improvement, completion, maintenance, operation or repair, joint or otherwise, and in whole or in part, of public transportation facilities …

An authority may contract for and cooperate with and may accept grants, contributions, or loans directly through the sale of securities or equipment, trust certificates, or otherwise, from the United States, or any department, instrumentality, or agency thereof, for the purpose o…

The rates and charges for service furnished pursuant to this article shall be determined by vote of the majority of all of the members of the board. Such rates shall be reasonable, and, insofar as is practical, the revenue derived therefrom shall be sufficient to pay, in the foll…

Whenever the board of directors of an authority, by resolution, determines that the purposes for which the authority was formed have been substantially complied with, that the need for the authority has terminated, and that all obligations incurred by the authority have been full…

A. For the purpose of acquiring, improving, enlarging or extending a transit system, the authority may issue self-liquidating revenue bonds. Bonds issued under this article shall be authorized by resolution of the board and may be issued in one or more series and shall bear the d…

A. The board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, shall have power by resolution: 1. To fix and maintain fees and other charges on equipment and facilities of or operated on behalf of the authority. 2.…

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to: 1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof. 2. The use and disposition of the revenues of the project for which the…

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear t…

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the authority and its equipment and facilities for which the bonds have been issued over and ahead of b…

All bonds issued pursuant to this article shall be obligations of the authority issuing such bonds, and payable only in accordance with the terms thereof and shall not be obligations general, special or otherwise of the state of Arizona or any county or municipality thereof. Such…

Bonds issued under the provisions of this article are made securities in which all public officers and bodies of the state and all municipalities and political subdivisions of this state, all insurance companies and associations and other persons carrying on an insurance business…

An authority shall not incur an indebtedness which exceeds one million dollars. As used in this section, "indebtedness" includes, without limitation, any and all forms thereof which an authority is authorized to incur by this article or by any other law.