Title XXIV, Public Utilities

governmental unit. The entire construction costs of projects for the elimination of hazards of railroad- highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of high…

railroad crossed. (1) Every railroad company proceeding to construct its road in or through any county shall file and have recorded at its expense, in the office of the county clerk of that county, a map of the route showing the center and the width of the proposed road. If, afte…

Any railroad company may engage in the business of a common carrier for the transportation of persons and property by motor vehicles operated upon the highways and by airplanes in the air, and may purchase or lease the property, rights and franchises of any person engaged in tran…

(1) Any railroad company may, without securing the grant of any ferry franchise or privilege from the county judge/executive, transport, or employ other persons to transport for it, any passengers, baggage or freight carried, or to be carried, on its railroad line, across any str…

Every person operating a railroad in this state under a contract or lease shall, within thirty (30) days after the contract or lease is executed, have it recorded in the office of the Secretary of State and in the office of the county clerk of each county in which the road or any…

(1) Every railroad company shall cause signal boards to be placed and constantly maintained at each public highway where it is crossed by the railroad track at the same level, except that such boards need not be put up in any city unless required by the city authorities. The boar…

If the Kentucky Transportation Cabinet determines it is in the public interest for a gate to be erected or maintained or a flagman stationed at any highway crossing within one mile of the corporate limits of any city, the cabinet shall give the superintendent or manager of the ra…

Whenever railroad lines cross each other in this state, each train shall be brought to a full stop at least fifty (50) feet before it reaches the crossing, unless the crossing is regulated by a derailing switch or other safety appliance that prevents collisions at crossings, or a…

regulation of sounding train whistles at night. (1) Every railroad company shall provide each locomotive engine running over any of its lines with a bell of ordinary size and a whistle. The bell shall be rung or the whistle sounded at a distance of at least fifty (50) rods from t…

each public railroad-highway grade crossing. (1) Every railroad company shall destroy or remove obstructive vegetation upon its right-of-way at each public railroad-highway grade crossing, for a distance of two hundred fifty (250) feet in each direction, that is: (a) More than th…

(1) No railroad company shall obstruct any public highway or street, or the navigation of any stream, by stopping and permitting trains, engines or cars to stand upon a public grade crossing or upon a drawbridge for more than five (5) minutes at any one time, unless such stopping…

No passenger train shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, that can be applied by the engineer to each car composing the train, and that shall at all times be kept in good condition and ready for use. This sectio…

Every railroad company shall keep the frogs on its tracks adjusted, fixed or blocked to prevent the feet of its employees from being caught therein.

(1) A bridge or passway constructed over any railroad, except in cities having power under their charters to regulate the height of bridges or passways, shall not be at a less height than twenty-two (22) feet above the track of the road, unless by the written authority of the Ken…

It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the Commonwealth of Kentucky and engaged in the business of common carrier to operate for or transport its employees in a motor car which is not equipped with a reasonably sub…

No person, except a passenger or an employee in the usual and necessary discharge of his duties, shall get on or off, or swing or ride on, or hang from the outside of, any engine, train or car while it is in motion or switching, or immediately preceding its moving or switching.

(1) Any company owning or operating a railroad in this state may apply to the Governor to appoint and commission as railroad policemen such persons as the company designates. The Governor, upon such application being made and upon the payment to him of a fee of five dollars ($5) …

(1) Each railroad policeman shall, before he or she enters upon the discharge of the duties of his or her office, execute bond, with good security, conditioned for the faithful performance of his or her duty as such policeman, and take and subscribe an oath of office. The bond sh…

(1) Each railroad policeman shall, while on duty, wear a metal badge or shield, with the words "Railroad Police" and the name or initials of the railroad engraved thereon. When acting as a detective in the service of the railroad, he may wear the badge or shield concealed. (2) Ev…

If any accident on a railroad is attended with loss of life, the company operating the road on which the accident occurred shall notify the Kentucky Transportation Cabinet within five (5) days after the accident occurred and shall furnish the cabinet all information requested by …

Every common carrier by railroad, while engaged in commerce in this state, shall be liable in damages to any person suffering injury while he is employed by the carrier in such commerce, and in case of the death of such person shall be liable to his personal representative, for s…

Limitation of damages. (1) As used in this section: (a) "Nonprofit sponsor" means a corporation whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current fun…

In any action brought against a common carrier by railroad under KRS 277.310 to recover damages for injury to or death of any employee, the employee shall not be held to have assumed the risk of his employment nor to have been guilty of contributory negligence in any case where t…

If cattle are killed or injured by the locomotive or cars of any railroad company on a track adjoining the lands belonging to or occupied by the owner of the cattle, and the owner has not received compensation for fencing his land along the railroad right-of-way, the loss shall b…

(1) It shall be unlawful for any person without the consent of the railroad: (a) To go upon the track, property, or right-of-way of a railroad, other than to pass over the track, property, or right-of-way at a public or private crossing; or (b) To willfully ride, drive, or lead a…

or tracks -- Penalties. (1) A person shall not knowingly drop or throw any object at, onto, or in the path of any railroad rail or track, locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track. (2) An unauthorized person shall not …

operator's license in investigations of train accidents or operation. In any circumstance involving an accident on a railroad, or any alleged violation of law involving the operation of a train, in which the engineer or any other train crew member is detained by any law enforceme…

subject to declaration -- Claims of aggrieved persons. (1) Any organization recognized as exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, agency of state government, or political subdivision or city of this state holding or acquiring a ra…

declaration of state railbanking. (1) It is the public policy of this state to preserve railroad corridors for future railroad use. Toward this end, the Commonwealth recognizes that the salvage of tracks, ties, signaling equipment, ballast, and other items may indicate an intent …

or traversed by a railtrail. In addition to any other legal right, any person having a legal interest in land adjoining a railtrail or in the land traversed by the railtrail itself may grant to the entity holding the right to maintain a railtrail over the property a conservation …

corridor to notify Railtrail Development Office and Department of Parks. Each railroad proposing to discontinue service over or to obtain federal authority for regulatory abandonment of a railroad corridor in the Commonwealth of Kentucky shall, in addition to those notification r…

in each passenger train station’s restrooms -- Penalties. (1) Every passenger train station shall post in all of its restrooms either: (a) A printed sign in English and Spanish at least eight and one-half (8-1/2) inches by eleven (11) inches in size, with letters in at least sixt…

(1) Any railroad company that violates or permits any of its agents or employees to violate any of the provisions of KRS 277.110, subsection (1) of 277.160, 277.170, 277.180, 277.210, 277.230 or 277.300 shall, in addition to subjecting itself to any damages that may be caused by …

278.5462, and 278.990. As used in KRS 278.010 to 278.450, 278.541 to 278.544, 278.546 to 278.5462, and 278.990, unless the context otherwise requires: (1) "Corporation" includes private, quasipublic, and public corporations, and all boards, agencies, and instrumentalities thereof…

Notwithstanding any other provisions of the Kentucky Revised Statutes, any water association formed for the purpose of furnishing water or sewer services to the general public pursuant to KRS Chapter 273 is deemed to be and shall be a public utility and shall be subject to the ju…

commission a public utility subject to Public Service Commission -- Exceptions. Notwithstanding any of the provisions of KRS Chapter 74, any water district; combined water, gas, or sewer district; or water commission, except a joint commission created under the provisions of KRS …

customer. (1) Any utility subject to this chapter which is engaged in the distributing or furnishing of water to or for the public, for compensation, may, subject to the approval of the commission, make a charge or "tapping fee" for installing service to its customers. (2) The "t…

charge of 10% of amount billed -- How charge assessed and applied -- Commission without power to affect late payment charge -- Waiver of late payment charge. (1) Any water district or water association formed for the purpose of furnishing water or sewer services to the general pu…

It is hereby declared to be in the public interest that, in order to encourage the orderly development of retail electric service, to avoid wasteful duplication of distribution facilities, to avoid unnecessary encumbering of the landscape of the Commonwealth of Kentucky, to preve…

(1) Except as otherwise provided in this section, the boundaries of the certified territory of each retail electric supplier are hereby set as a line or lines substantially equidistant between its existing distribution lines and the nearest existing distribution lines of any othe…

(1) Except as otherwise provided herein, each retail electric supplier shall have the exclusive right to furnish retail electric service to all electric-consuming facilities located within its certified territory, and shall not furnish, make available, render or extend its retail…

deemed approval. (1) Except as otherwise provided in KRS 278.010 to KRS 278.450, if the commission fails to issue a final order on any application submitted to it by a utility pursuant to KRS 278.018, 278.020, 278.216, 278.218, 278.271, and 278.300 within eight (8) months of the …

provision of utility service or of utility -- Exceptions -- Approval required for acquisition or transfer of ownership -- Public hearing on proposed transmission line -- Limitations upon approval of application to transfer control of utility or to abandon or cease provision of se…

abandonment -- Consolidation of actions -- Powers and duties of receiver -- Temporary receivership -- Commission's discretion to approve or decline to approve applications. (1) If the commission, after notice and hearing, enters an order in which it finds that a utility is abando…

termination from supplier. (1) If a gas, water, electric, or sewer utility receives notice of discontinuance or termination of service from one (1) or more of its suppliers for breach or default under the terms of the service contract or tariff, and the discontinuance or terminat…

of agreement and supporting documents -- Surcharge. (1) The provisions of this section shall apply to any construction project undertaken by a water association, commission, district, or combined water, gas or sewer district formed under KRS Chapter 74 or 273, which is financed i…