Title 62 — RAILROADS AND OTHER PUBLIC UTILITIES

62-101. Election of directors. Directors of railroad corporations may be elected at a meeting of the stockholders other than the annual meeting, as a majority of the fixed capital stock may determine, or as the by-laws may provide; notice thereof to be given as provided for notic…

62-102. Issuance of bonds. Railroad corporations may borrow on the credit of the corporation, and under such regulations and restrictions as the directors thereof may impose, such sums of money as may be necessary for constructing, completing, equipping, extending and improving t…

62-103. Bonds — Sinking fund — Conversion into stock. The directors must provide a sinking fund, to be specially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond or note issued, for money borrowed or in payment of …

62-104. Enumeration of powers. Every railroad corporation has power: 1. To cause such examination and surveys to be made as may be necessary to the selection of the most advantageous route for the railroad; and for such purposes their officers, agents and employees may enter upon…

62-105. Purchase, sale and guaranty of securities. Any railroad corporation, whether chartered by, or organized under, the laws of this state or of the territory of Idaho, or of the United States, or of any other state or territory, may take, purchase, hold, sell and dispose of, …

62-106. Bridging navigable streams. Any railroad corporation heretofore duly organized and incorporated under the laws of this state, or of the United States, or of any other state or territory, or which may hereafter be duly incorporated and organized under the laws of this stat…

62-107. Construction of extensions and branches. Any railroad corporation chartered by or organized under the laws of this state, or of any state or territory, or under the laws of the United States, and authorized to do business in this state, may extend its railroad from any po…

62-108. Consolidation, sales and leases. Any such railroad corporation may consolidate its stock, franchises and property with any other railroad corporation, whether within or without the state, when such other railroad corporation does not own any competing line of railroad, up…

62-109. Extensions into the state. Any railroad corporation chartered by or organized under the laws of the United States, or of any state or territory, whose constructed railroad shall reach or intersect the boundary line of this state at any point, may extend its railroad into …

62-110. Application and construction of preceding sections. The three (3) preceding sections shall not apply to any corporations before such corporations shall have filed an acceptance of the provisions of the state constitution, as provided in section 7, of article 11, of the co…

62-201. Map and profile. Every railroad corporation in this state must, within a reasonable time after its road is finally located, cause to be made a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which t…

62-202. Altering location. If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, as provided in the preceding section, it appears that the location can be improved, the directors may, as provided in subdivision 7, of secti…

62-203. Time for commencing and completing construction. Every railroad corporation must, within two (2) years after filing its original articles of incorporation, begin the construction of its road, and must every year thereafter complete and put in full operation at least five …

62-204. Crossings and intersections. Whenever the track of one (1) railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut a…

62-205. Use of streets — Consent of authorities. No railroad corporation must use any street, alley or highway, or any of the land or water within any incorporated city or town, unless the right to so use the same is granted by a two-thirds vote of the town or city authority from…

62-206. Crossing other railroads and highways. Whenever the track of such railroad crosses a railroad or highway, such railroad or highway may be carried under, over, or on a level with the track as may be most expedient; and in cases where an embankment or cutting necessitates a…

62-301. Crossings of state highways and railroads — Elimination or alteration — Cost. Whenever a state highway crosses or shall hereafter cross one or more railroads, and whenever the Idaho transportation department shall determine that the elimination of a grade crossing, whethe…

62-302. Complaint to public utilities commission. If the Idaho transportation department shall be unable to agree with the railroad company or companies upon the elimination or alteration to be made or upon the division of the cost of such elimination or alteration, said departme…

62-303. Crossings not on state highways — Elimination or alteration. Whenever a highway not a state highway crosses one or more railroads, the local authorities in their respective jurisdictions, or railroad company or companies, shall have the same authority and perform the same…

62-304. Hearing and order by public utilities commission. Whenever a complaint is made to the public utilities commission by the Idaho transportation department, or by a railroad company or companies, or upon motion by the Idaho public utilities commission, or local authorities i…

62-304A. Creation of railroad grade crossing protection fund. In order to promote the public safety at railroad grade crossings and public streets, roads or highways and to provide for the payment of all or part of the costs of installing, reconstructing, maintaining or improving…

62-304B. Administration of the railroad grade crossing protection account. Subject to the provisions of section 62-304, Idaho Code, the Idaho transportation department is charged with sole and exclusive administration of the railroad grade crossing protection account.

62-304C. Apportionment of costs. The Idaho transportation department shall follow federal guidelines on such grade crossing improvement projects as are to be funded in whole or in part under any federal act, and where the project is not funded entirely by federal funds, the Idaho…

62-304D. Establishing priorities for hazardous railroad locations — Accident reports to be filed with Idaho transportation department. In its administration of the railroad grade crossing protection account, the Idaho transportation department shall establish a priority rating fo…

62-305. Closing and abandonment of crossings upon relocation of highways or construction of underpasses or overpasses or otherwise — Hearings. Wherever and whenever the location of any state highway, or other public street, road or highway, has been or shall be changed, the resul…

62-306. Construction and maintenance of railroad grade crossings. Whenever a state or county highway crosses or shall hereafter cross a railroad at grade, the railroad company shall at its own expense construct and maintain that portion of such highway between the rails and for a…

62-307. Permission for new crossing of highways and railroads. No new railroad and no alteration or extension of an existing railroad shall hereafter cross any highway at grade, and no new highway shall hereafter cross any railroad at grade without the written permission of the I…

62-308. Enforcement. Except as otherwise herein provided, the provisions of this chapter shall be enforced in the same manner as orders of the public utilities commission in regard to railways are enforced.

62-309. Separability. If any part or parts of this chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this chapter.

62-401. Checking baggage. A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of a railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check …

62-402. Accommodations for passengers and freight. Every such corporation must start and run their cars for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of a…

62-403. Refusal to accept passengers or freight. In case of refusal by such corporation or its agents so to take and transport any passengers or property, or to deliver the same at the regular appointed places, such corporation must pay to the party aggrieved all damages which ar…

62-404. Accommodations to be sufficient. Every railroad corporation must furnish on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel t…

62-405. Printed rules and regulations. Every railroad corporation must have printed and conspicuously posted on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers; and in case any passenger is injured on or from the platform of…

62-406. Erection and maintenance of fences — Liability for damages. Every railroad company or corporation operating any steam or electric railroad in this state shall erect and maintain lawful fences, not less than four feet (4′) high, on each side of its road, where the same pas…

62-407. Crossings and cattle guards. It shall be the duty of every railroad company whose line runs through or across any desert or other unoccupied territory, to keep and maintain suitable crossings and cattle guards, wherever any public highway or publicly traveled road crosses…

62-408. Claim for damages. Any person claiming damages under section 62-406 must serve notice of his claim in writing signed by such person, or some one in his behalf, upon any station agent, ticket agent, or other agent of such railroad company or corporation, within six (6) mon…

62-409. Recovery of attorneys’ fees. In all suits under section 62-406 if the plaintiff recover any damages he shall also be entitled to recover reasonable attorneys’ fees, together with his costs of suit.

62-410. Book of descriptions of stock killed. Every railroad company must keep a book at a principal station in each county into or through which its road runs, to be designated by the company, and a notice of the station so designated must be filed with the recorder of the count…

62-411. Disposal of carcass. In case of maiming or killing any cattle, sheep or hog, the body of the animal belongs to the company, unless the owner elects, within twelve (12) hours, to take the same in satisfaction or reduction of damages. The company may proceed to take care of…

62-412. Bell or whistle. The operator of a train or locomotive is not required to sound the locomotive’s bell, horn or whistle when approaching any location at which the railroad crosses a private highway, private road or private street at grade.

62-413. Ejection of passengers for misconduct — Penalty for employee’s violations. If any passenger on any railroad train refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested so to do, or uses abusive, vulgar, obscene or profane language in a …

62-418. Railroads and other carriers — Employee inspecting shipments to give shipper copy of report. Every inspector, agent or employee of any steam or electric railroad or other public carrier who inspects any car or consignment of fruit, grain, livestock, or other agricultural …

62-419. Penalty for failure to give report or making false report. Every inspector, agent or employee of any such public carrier who, upon making such an inspection, shall on demand of shipper or consignor fail to deliver to the shipper or consignor at such time a true copy of ea…

62-420. "Track motor cars" defined. As used in this act, the term "track motor cars," means all power propelled speeders and motor cars which can be lifted on and off the track by hand.

62-421. Equipment of track motor cars with specified electric lights. Every individual, firm or corporation, operating or controlling any railroad which is a common carrier shall equip each of its track motor cars operated during the period thirty (30) minutes before sunset to th…

62-422. Equipment of track motor cars. Every individual, firm or corporation, operating or controlling any railroad which is a common carrier shall equip each of its track motor cars with: (1) A windshield, with a transparent section, or sections, of sufficient height and width t…

62-423. Violations as to equipment penalized. Violation of any of the provisions of sections 62-421 and 62-422 is punishable, upon conviction, by a fine of not more than $100 for each offense.

62-424. Hearing on abandonment. (1) Whenever any railroad proposes to abandon any branch line or main line now in operation within the state of Idaho, the railroad shall file notice of the intended abandonment with the public utilities commission. The public utilities commission …

62-601. Short title. This chapter shall be known and may be referred to as the "Telecommunications Act of 1988."