(1) Every railroad, whenever an accident attended by bodily injury or loss of human life occurs in this state on its line of road or on its ground or in its yards, shall give immediate written notice thereof to the public utilities commission. In the event of any such accident, the commission, if it deems the public interest to require it, shall cause a suitable investigation to be made forthwith and shall give written notice thereof to the person and railroad primarily interested.
(2) The expense of such investigation shall be certified by a majority of the commission and shall be audited and paid by the state in the same manner as other expenses are audited and paid. The commission is empowered to make and enforce such rules as, in its judgment, will tend to prevent accidents in the operation of the railroads of this state.
Source: L. 07: p. 544, � 27. R.S. 08: � 5471. L. 10: p. 63, � 26. C.L. � 2999. CSA: C. 29, � 22. CRS 53: � 115-12-8. C.R.S. 1963: � 115-12-8. L. 69: p. 963, � 74.
Cross references: For employer's duty to keep a record of injuries received by employees as well as the duty to report those injuries to the division of labor, see � 8-43-101.
40-9-109. Transportation of service animals accompanying individuals with disabilities. When an individual with a disability is accompanied by a service animal or an animal that is being trained as a service animal, as defined in section 24-34-301, C.R.S., for such individual with a disability, neither the individual with a disability nor the service animal shall be denied the facilities of any common carrier, nor shall the individual with a disability be denied the immediate custody of the service animal while riding upon a common carrier. The provisions of this section also apply to a trainer of a service animal, as defined in section 24-34-301, C.R.S., for use by a qualified individual with a disability, unless the service animal presents an imminent danger to the public health or safety. The individual with a disability or the trainer of the service animal shall be liable for any damage done to the premises or facilities of the common carrier by the service animal. An animal being individually trained for the purpose of aiding an individual with a disability shall be visibly and prominently identified as a service animal in training.
Source: L. 41: p. 343, � 1. CSA: C. 29, � 21(1). CRS 53: � 115-12-9. C.R.S. 1963: � 115-12-9. L. 86: Entire section amended, p. 935, � 2, effective March 20. L. 89: Entire section amended, p. 1045, � 2, effective April 19. L. 2001: Entire section amended, p. 1282, � 62, effective June 5. L. 2014: Entire section amended, (SB 14-118), ch. 250, p. 987, � 25, effective August 6.
40-9-110. Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of citizens of this state and the safety of the state's waterways and natural environment.
(2) A railroad train or light engine operated in connection with carrying freight must have at least two crew members aboard while the railroad train or light engine is moving.
(3) Subsection (2) of this section does not apply to:
(a) Helper service;
(b) Trains that are used primarily for the purpose of transporting people from one location to another or are used for tourism purposes such as scenic, historic, or excursion rides;
(c) A locomotive or group of locomotives that are traveling no more than thirty miles per hour outside of a rail yard and are attached only to a caboose;
(d) Hostler service; and
(e) The movement of a train for the purpose of loading or unloading freight so long as the train is moving no more than ten miles per hour.
(4) A person who willfully violates subsection (2) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of:
(a) Not less than two hundred fifty dollars nor more than one thousand dollars for a first offense;
(b) Not less than one thousand dollars nor more than five thousand dollars for a second offense committed within three years; or
(c) Not less than five thousand dollars nor more than ten thousand dollars for a third or subsequent offense committed within three years.
(5) As used in this section:
(a) (I) Crew member means an employee of the common carrier involved in the operation of a railroad train or light engine.
(II) Crew member does not include a hostler service or utility employee or contractor of the carrier.
(b) (I) Helper service means the use of a locomotive or a group of locomotives to assist another train that is experiencing mechanical failure or lacks the power to traverse difficult terrain.
(II) Helper service includes the travel to or from a location where the assistance is provided.
(c) Hostler service means the movement of locomotives that are not attached to rail cars within a rail yard.
Source: L. 2019: Entire section added, (HB 19-1034), ch. 45, p. 152, � 2, effective July 1.