Title 81 — Title 81 TRANSPORTATION
35 chapters · 471 sections in this title.
RCW 81.24.100 Mileage fees on stages—Penalty.
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In addition to the license fees required under RCW 46.17.355 for registering vehicles under RCW 46.16A.455, operators of auto stages with seating capacity over six shall pay, at the time they file gross earning returns with the utilities and transportation commission, the sum of …
RCW 81.28.010 Duties as to rates, services, and facilities.
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All charges made for any service rendered or to be rendered in the transportation of persons or property, or in connection therewith, by any common carrier subject to regulation by the commission as to rates and service, or by any two or more such common carriers, must be just, f…
RCW 81.28.020 Duty of carriers to expedite traffic.
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Every common carrier subject to regulation by the commission as to rates and service shall under reasonable rules and regulations promptly and expeditiously receive, transport, and deliver all persons or property offered to or received by it for transportation.[ 2007 c 234 s 23; …
RCW 81.28.030 Routing of freight—Connecting companies—Damages.
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All common carriers subject to regulation by the commission as to rates and service and doing business wholly within this state shall, upon receipt of any article of freight, promptly forward the same to its marked destination, by the route directed by the shipper, or if no direc…
RCW 81.28.040 Tariff schedules to be filed with commission—Public schedules—Commission's powers as to schedules.
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Every common carrier subject to regulation by the commission as to rates and service shall file with the commission and shall print and keep open for public inspection, schedules showing the rates, fares, charges, and classification for the transportation of persons and property …
RCW 81.28.050 Tariff changes—Notice—Exception—Waiver of provisions during state of emergency.
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Unless the commission otherwise orders, a change may not be made to any classification, rate, fare, charge, rule, or regulation filed and published by a common carrier subject to regulation by the commission as to rates and service, except after thirty days' notice to the commiss…
RCW 81.28.060 Joint rates, contracts, etc.
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The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the commission such evidence of concurrence therein or acceptance thereof as may be required or…
RCW 81.28.080 Published rates to be charged—Exceptions—Definitions.
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(1) A common carrier subject to regulation by the commission as to rates and service shall not charge, demand, collect, or receive a greater or less or different compensation for transportation of persons or property, or for any service in connection therewith, than the rates, fa…
RCW 81.28.180 Rate discrimination prohibited.
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A common carrier subject to regulation by the commission as to rates and service shall not, directly or indirectly, by any special rate, rebate, drawback, or other device or method, charge, demand, collect, or receive from any person or corporation a greater or lesser compensatio…
RCW 81.28.190 Unreasonable preferences and prejudices prohibited.
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A common carrier subject to regulation by the commission as to rates and service shall not make or give any undue or unreasonable preference or advantage to any person, corporation, locality, or particular description of traffic in any respect whatsoever, or subject any particula…
RCW 81.28.200 Long and short haul.
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A common carrier, subject to regulation by the commission as to rates and service and this title, shall not charge or receive any greater compensation in the aggregate for the transportation of persons or a like kind of property for a shorter distance than for a longer distance o…
RCW 81.28.210 Transportation at less than published rates—Rebating—False representation.
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(1) A common carrier subject to regulation by the commission as to rates and service, or any officer or agent thereof, or any person acting for or employed by the common carrier, shall not assist, suffer, or permit any person or corporation to obtain transportation for any person…
RCW 81.28.220 Action for treble damages.
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The attorney general of the state of Washington shall, whenever he or she has reasonable grounds to believe that any person, firm, or corporation has knowingly accepted or received from any carriers of persons or property subject to the jurisdiction of the commission, either dire…
RCW 81.28.230 Commission to fix just, reasonable, and compensatory rates.
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Whenever the commission finds, after a hearing had upon its own motion or upon complaint, as provided in this chapter, that the rates, fares, or charges demanded, exacted, charged, or collected by any common carrier subject to regulation by the commission as to rates and service …
RCW 81.28.240 Commission may order improved facilities and service.
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Whenever the commission shall find, after such hearing, that the rules, regulations, practices, equipment, appliances, facilities or service of any such common carrier in respect to the transportation of persons or property are unjust, unreasonable, unsafe, improper, inadequate o…
RCW 81.28.250 Investigation and determination of interstate rates—Application for federal relief.
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The commission shall investigate all interstate, rates, fares, charges, classifications, or rules or practices in relation to the transportation of persons or property within this state, and if the commission determines that these rates, fares, charges, classification, or rules o…
RCW 81.28.260 Bicycles as baggage on commercial ferries.
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Bicycles must be transported as baggage for passengers by commercial ferries and are subject to the same liabilities as other baggage. A passenger is not required to crate, cover, or otherwise protect any bicycle. A commercial ferry is not required to transport more than one bicy…
RCW 81.28.270 Limitation of action for collection of transportation charges.
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All actions at law by railroads, common and contract carriers by motor truck and all other public carriers for recovery of their charges, or any part of them, for any common carrier service performed by said carriers, shall be begun within two years from the time the cause of act…
RCW 81.28.280 Reports of wrecks, etc.
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Every public service company shall give immediate notice to the commission of every accident resulting in death or injury to any person occurring on its lines or system, in such manner as the commission may prescribe.Such notice shall not be admitted as evidence or used for any p…
RCW 81.28.290 Investigation of accidents, wrecks.
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The commission shall investigate all accidents that may occur upon the lines of any common carrier resulting in loss of life, to any passenger or employee, and may investigate any and all accidents or wrecks occurring on the line of any common carrier. Notice of the investigation…
RCW 81.28.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 81.29.010 Definition.
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"Common carrier," as used in this chapter, means every common carrier subject to regulation by the commission as to rates and service.[ 2007 c 234 s 36; 1961 c 14 s 81.29.010. Prior: 1945 c 203 s 1; Rem. Supp. 1945 s 3673-0. Formerly RCW 81.32.010, part.]
RCW 81.29.020 Carrier's liability for loss—Exceptions—Tariff schedule—Time for filing claims or instituting suits.
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(1) Any common carrier subject to regulation by the commission as to rates and service, receiving property for transportation wholly within the state of Washington from one point in the state of Washington to another point in the state of Washington, shall issue a receipt or bill…
RCW 81.29.030 Carrier's right of action against other carrier.
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The common carrier issuing such receipt or bill of lading, or delivering such property so received and transported, shall be entitled to recover from the common carrier on whose line the loss, damage, or injury shall have been sustained, the amount of such loss, damage, or injury…
RCW 81.29.040 Penalty for violations.
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Any common carrier subject to the provisions of this chapter, or whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone, or with any other corporatio…
RCW 81.29.050 Liability for baggage.
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The liability of any common carrier subject to regulation by the commission for the loss of or damage to any baggage shall be set by the commission. The commission will review the amounts periodically and adjust the rate accordingly.[ 1991 c 21 s 1; 1961 c 14 s 81.29.050. Prior: …
RCW 81.36.010 Right of eminent domain.
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Every corporation organized for the construction of any railway, macadamized road, plank road, clay road, canal or bridge, is hereby authorized and empowered to appropriate, by condemnation, land and any interest in land or contract right relating thereto, including any leasehold…
RCW 81.36.020 Right of entry.
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A corporation organized for the construction of any railway, macadamized road, plank road, clay road, canal or bridge, shall have a right to enter upon any land, real estate or premises, or any of the lands granted to the state of Washington for school, university or other purpos…
RCW 81.36.030 Intersections and connections with other roads or canals.
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Every corporation formed under the laws of this state for the construction of a railroad shall have the power to cross, intersect, join and unite its railway with any other railway before constructed, at any point in its route, and upon the grounds of such other railway company, …
RCW 81.36.040 Line or canal across or along watercourses.
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Every corporation formed under the laws of this state for the construction of railroads or canals shall possess the power to construct its railway or canal, as the case may be, across, along or upon any river, stream of water, watercourses, plank road, turnpike or canal, which th…
RCW 81.36.050 Change of grade or location of road or canal.
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Any corporation may change the grade or location of its road, or canal, not departing from the general route specified in the articles of incorporation, for the purpose of avoiding annoyances to public travel or dangerous or deficient curves or grades, or unsafe or unsubstantial …
RCW 81.36.060 Extensions, branch lines.
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Any railroad corporation chartered by, or organized under, the laws of the 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 railroads from any point named in its charter or articles of incorpo…
RCW 81.36.075 Proceedings prior to March 18, 1909, validated.
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Any sale or purchase of, and any consolidation by sale, or otherwise, or any lease, or agreement to sell, consolidate with or lease, the whole or any part of any railroad, or the branch lines of any company, whether organized or located within or without this state, with the fran…
RCW 81.36.090 Requisites to building extension or branch line.
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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 this state from any such point or p…
RCW 81.36.100 Bridges over navigable streams.
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(1) Any railroad corporation heretofore duly incorporated and organized under the laws of this state or of the territory of Washington, or which may hereafter be duly incorporated and organized under the laws of this state, or heretofore or hereafter incorporated and organized un…
RCW 81.36.120 May own securities of irrigation companies.
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It shall be lawful for any corporation, whether such corporation is organized under the laws of the territory or state of Washington, the laws of any other state or territory, or the laws of the United States owning, leasing or operating any line or lines of railway within the st…
RCW 81.36.130 May construct and operate ditches and canals.
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It shall be lawful for any such corporation to build, own and operate irrigating ditches and canals in this state for the purpose of irrigating and reclaiming arid lands contiguous to or tributary to such line or lines of railway.[ 1961 c 14 s 81.36.130. Prior: 1890 p 529 s 2; RR…
RCW 81.40.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Class I" means a railroad carrier designated as a class I railroad by the United States surface transportation board and its subsidiaries or is owned and operated by e…
RCW 81.40.015 Operation and management of trains, switching assignments—Exemption.
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(1) Except as provided in RCW 81.40.025, any person, corporation, company, or officer of the court operating any railroad, railway, or any part of any railroad or railway, in the state of Washington, and engaged, as a common carrier, in the transportation of freight or passengers…
RCW 81.40.025 Train crew size requirement—Automatic waivers—Commission.
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(1) On June 11, 2020, automatic waivers to the train crew size requirement in RCW 81.40.015 shall be granted to other railroad carriers.(2) Such automatic waivers will remain in effect until ordered by the commission.(3) The commission must act to ensure that railroad carriers su…
RCW 81.40.060 Purchase of apparel by employees—Penalty.
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(1) It shall be unlawful for any railroad or other transportation company doing business in the state of Washington, or of any officer, agent, or servant of such railroad or other transportation company, to require any conductor, engineer, brake operator, fire tender, purser, or …
RCW 81.40.080 Employee shelters—Penalty.
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(1) It shall be unlawful for any railroad company, corporation, association or other person owning, controlling or operating any line of railroad in the state of Washington, to build, construct, reconstruct, or repair railroad car equipment or motive power in this state without f…
RCW 81.40.095 Rules and regulations—Railroad employees—Sanitation, shelter.
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The utilities and transportation commission shall adopt and enforce rules and regulations relating to sanitation and adequate shelter as it affects the health of all railroad employees, including but not limited to railroad workers, maintenance of way employees, highway crossing …
RCW 81.40.110 Flagger must read, write, and speak English.
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Any railroad operating within this state, shall not employ or use as flagger any person or persons who cannot read, write, and speak the English language.[ 2013 c 23 s 297; 1961 c 14 s 81.40.110. Prior: 1907 c 138 s 1, part; 1899 c 35 s 1, part; RRS s 10480, part.]
RCW 81.40.130 Cost of records or medical examinations—Unlawful to require employee or applicant to pay—Penalty—Definitions.
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(1) It is unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.(2) Any employer who violates this section is guilty of a m…
RCW 81.40.150 Safety and protection—Violation—Fines.
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(1) Pursuant to the enforcement of the provisions of chapter 170, Laws of 2020, the highest priority and paramount obligation of the commission must be its duty to ensure the safety and protection of the public, passengers, railroad employees, communities, environment, and areas …
RCW 81.44.010 Order for improved equipment and facilities.
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Whenever the commission, after a hearing had upon its own motion or upon complaint, finds that any equipment or facility for use by any common carrier in, or in connection with the transportation of persons or property, ought reasonably to be provided, or any repairs or improveme…
RCW 81.44.020 Correction of unsafe or defective conditions—Walkways and handrails as unsafe or defective condition, when.
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If upon investigation the commission finds that the equipment, facilities, tracks, bridges, or other structures of any common carrier are defective, and that the operation thereof is dangerous to the employees of the common carrier or to the public, it shall immediately give noti…
RCW 81.44.040 Streetcars.
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Every streetcar must be equipped with proper and efficient brakes, steps, grab irons or hand rails, fenders or aprons or pilots, and with such other appliances, apparatus, and machinery necessary for the safe operation of the streetcar as the commission may prescribe.[ 2007 c 234…
RCW 81.44.070 Duties of inspector of safety appliances.
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It shall be the duty of the inspector of tracks, bridges, structures, and equipment, and such deputies as may be appointed, to inspect all equipment, and appliances connected therewith, and all apparatus, tracks, bridges and structures, depots and facilities and accommodations co…