Chapter 1 - Transportation Companies
- Article 1 General Provisions.
- Division 1 Rates and Other Regulations.
- Section 37-2-1 "Transportation company" defined
The term "transportation company" shall mean and include every person not engaged solely in interstate commerce or business that now or may hereafter own, ...
- Section 37-2-2 Governmentally owned transportation companies
The provisions of this chapter shall not apply to any transportation company owned by a municipality or by the federal government but shall apply ...
- Section 37-2-3 Duty of commission to supervise, regulate and control transportation companies
The Public Service Commission is charged with the duty of supervising, regulating and controlling all transportation companies doing business in this state, in all ...
- Section 37-2-4 When certificate of convenience and necessity required
No transportation company shall undertake the extension of its service or the construction of a new plant, property or facility, except ordinary extensions in ...
- Section 37-2-4.1 Owners of land proposed to be acquired by utility or telephone company to be given notice of filing of application for certificate of convenience and necessity
Any utility or telephone company that is required to obtain a certificate of convenience and necessity under Section 37-2-4 or Section 37-4-28 from the ...
- Section 37-2-5 When permit to abandon service required
No transportation company subject to this chapter shall abandon all or any portion of its service to the public or the operation of any ...
- Section 37-2-6 Application for certificate or permit - Notice and hearing
The application for and issuance of any such certificate of convenience and necessity or application for a permit to abandon its service, provided for ...
- Section 37-2-7 Application for certificate or permit - Grant or refusal; conditions; revocation; exception
The commission, as it deems to the best interest of the public, may grant in part or in whole, or may refuse such applications, ...
- Section 37-2-8 List of tickets, passes and mileage books to be filed with commission
Every transportation company shall, on or before September 1 in each year, and oftener if required by the Public Service Commission, file with the ...
- Section 37-2-9 Repairs, improvements or changes in property or devices
If, in the judgment of the Public Service Commission, repairs or improvements to or changes in any trains, switches, terminals or terminal facilities, motive ...
- Section 37-2-10 Filing and posting of tariffs
Every transportation company shall print and cause to be filed with the commission, and keep open to public inspection, tariffs or schedules of rates ...
- Section 37-2-11 Joint rates
Whenever any transportation company shall refuse or neglect to establish a joint rate or rates for the transportation of persons or property, the commission ...
- Section 37-2-12 Changes in rates
No change shall be made in any rate, fare, charge or classification, or any rule, regulation or practice affecting such rate, fare, charge or ...
- Section 37-2-13 Posted rates to be legally applicable rates
No transportation company shall charge or demand, or collect or receive, a greater or less or different compensation for the transportation of passengers or ...
- Section 37-2-14 Temporary or emergency rates
(a) The commission, when deemed by it necessary to prevent injury to business, or in the interest of the people of this state, in ...
- Section 37-2-15 Special rates
(a) The Public Service Commission, upon its own motion or upon the written application of any transportation company, and under any rules which it ...
- Section 37-2-16 Penalty for discrimination
(a) If any transportation company subject to the provisions of this chapter, or any agent or officer thereof, shall, directly or indirectly, or by ...
- Section 37-2-17 Penalty for excessive rates
(a) If any transportation company doing business in this state or its agents or employees are guilty of making or demanding or receiving any ...
- Section 37-2-18 Treble damages
In addition to the penalties and forfeitures provided in this division to the state, railroads or other common carriers shall, for each violation of ...
- Section 37-2-19 Reparation
(a) Where complaint has been made to the commission concerning any rate or other charge of any transportation company and the commission has found, ...
- Section 37-2-20 Concentration and transit privileges and rates
Concentration and transit privileges and rates may be permitted or, upon complaint or upon its own motion after due notice and hearing, may be ...
- Section 37-2-21 Bills of lading or receipts - When issued; contents; receipt for cotton in bales; common-law liability not affected
(a) Every transportation company receiving property for transportation, originating and terminating in this state, shall issue to the shipper a receipt or bill of ...
- Section 37-2-22 Bills of lading or receipts - Not given until property delivered to carrier; duplicates
A transportation company engaged in the business of carriage, or of keeping for shipment, or of forwarding things or property, must not give a ...
- Section 37-2-23 Bills of lading or receipts - Liability for false or second bill of lading or receipt or for failure to endorse partial delivery
If any transportation company, not having received things or property for carriage, shall issue or give a bill of lading, or receipt, as if ...
- Section 37-2-24 Bills of lading or receipts - Delivery to cotton compress
A delivery of cotton at or to a compress for the purpose of being compressed, at the instance or in the usual course of ...
- Section 37-2-25 Bills of lading or receipts - Unauthorized sale or transfer of property prohibited
A transportation company or other person engaged in the business of carriage or of keeping for shipment, or of forwarding things or property, must ...
- Section 37-2-26 Bills of lading or receipts - Charges to be settled according to stipulated rate
All transportation companies doing business in this state shall settle their freight charges according to the rate stipulated in the bill of lading, provided ...
- Section 37-2-27 Notice to consignees of arrival of freight
A transportation company, if the place of destination of freight is a city or town having a daily mail, is not relieved from liability ...
- Section 37-2-30 Sale of unclaimed freight - Insurance; application of proceeds; record; disposition of surplus
(a) The transportation company may insure the freight, at the expense of the owner, from the date of its arrival to the sale above ...
- Section 37-2-28 Sale of unclaimed freight - Nonperishable freight
(a) Any transportation company having an office or place of business in this state, and having any unclaimed articles, not perishable, in its possession ...
- Section 37-2-29 Sale of unclaimed freight - Perishable or live freight
Where such unclaimed freight is perishable or live, such transportation company may sell the same as soon as it is deemed necessary and proper ...
- Section 37-2-31 Duty to receive or transport freight; liability for failure or delay
Every transportation company subject to the provisions of this chapter, its agents or officers, whose duty it is to receive freights, shall receive all ...
- Section 37-2-32 Partial delivery of consignment
Whenever any freight shall be received by any transportation company in this state to be delivered to any consignee within this state, and a ...
- Section 37-2-33 Overcharges
(a) In case of any overcharge on published or lawful rates, the person aggrieved may file with the agent of the company collecting or ...
- Section 37-2-34 Joint actions against connecting carriers
When goods, wares, merchandise or other personal property are shipped to some point of delivery in this state over two or more connecting lines ...
- Section 37-2-35 Personal baggage of passengers - Free transportation within certain weight limits
Every transportation company in this state, which shall engage in the carrying of passengers, shall receive and transport, without compensation or other transportation charges, ...
- Section 37-2-36 Personal baggage of passengers - Charge for excess baggage
Every transportation company in this state shall charge passengers, on all baggage weighing over 150 pounds, sixteen and two-thirds percent of the regular fare ...
- Section 37-2-37 Personal baggage of passengers - Baggage, etc., of commercial travelers
The baggage, samples, goods, wares, appliances, and catalogues of commercial travelers or their employers, and used by them for the exclusive purpose of transacting ...
- Section 37-2-38 Personal baggage of passengers - Maximum size and weight limits; exceptions
No transportation company shall be required to transport any piece of baggage exceeding in greatest dimensions 72 inches, or 250 pounds maximum weight, excepting ...
- Section 37-2-39 Personal baggage of passengers - Storage charges for baggage left in baggage rooms or station houses
All passengers of whatever character having baggage transported by companies under the provisions of this division shall have 24 hours, not including legal holidays ...
- Section 37-2-40 Free transportation or reduced rates
Nothing in this chapter shall be construed to prevent the carrying, storage or handling by any transportation company, subject to the provisions of this ...
- Section 37-2-41 Inspection and supervision fees; election
(a) Each transportation company doing business in this state and subject to the control and jurisdiction of the commission with respect to its rates ...
- Section 37-2-42 Refund of excessive charges upon submission of expense bill or receipt
Any person, firm or corporation may submit to the commission, by mail or in person, any transportation company expense bill or receipt, showing charges ...
- Section 37-2-43 Soliciting claims against transportation companies forbidden
No agent, officer or attorney of any traffic association or freight bureau shall ask for, bid for or solicit any claim from any shipper ...
- Section 37-2-44 Rights of action not waived; penalties cumulative
This chapter shall not release or waive any right of action by the state, the commission or by any body politic, municipal corporation, person ...
- Section 37-2-45 Recovery of penalties or forfeitures
A civil action to recover the forfeitures provided for in this chapter may be brought at any time within two years from the date ...
- Section 37-2-46 Each violation constitutes separate offense; act of employee act of company
Every violation of the provisions of this chapter, or of any order, decision, rule, regulation, direction or requirement of the commission, or any part ...
- Division 2 Damages for Loss, Injury or Delay in Delivery.
- Section 37-2-60 Measure of damages for loss, injury or delay in delivery, etc
In all cases of loss, destruction, injury to, delay in delivering or failure to deliver property, chattels or goods of any character to the ...
- Section 37-2-61 Claim for damages
(a) When any property, chattels, or goods have been received by any transportation company for transportation, and such goods, chattels, or property shall be ...
- Section 37-2-62 Action for damages
(a) If the value of such goods, property or chattels so lost, destroyed or not delivered, or the amount of damages or injury, where ...
- Division 3 Regulations Affecting Public Safety.
- Section 37-2-80 Railroad signs
Every railroad company must erect, at all points where its road crosses any public road, at a sufficient elevation to admit of the free ...
- Section 37-2-81 Duty of locomotive engineer to ring bell or blow horn, etc
The engineer or other person operating a locomotive on any railroad must blow the horn or whistle or ring the bell: (1) At least ...
- Section 37-2-82 Stopping trains at crossings; right-of-way
When the tracks of two railroads cross each other at grade, engineers and conductors must cause the trains of which they are in charge ...
- Section 37-2-83 Liability of railroad for failure to comply with Sections 37-2-80 through 37-2-82; burden of proof
A railroad company is liable for all damages done to persons, or to stock or other property, resulting from a failure to comply with ...
- Section 37-2-84 Abandonment and discontinuance of grade crossings
(a) The Department of Transportation is given authority and power to abandon and discontinue any portion of a state highway, or street on a ...
- Section 37-2-85 Examination and licensing of railroad employees
(a) It shall be the duty of every person or corporation operating a railroad in this state, before employing any person as train dispatcher, ...
- Section 37-2-86 Employment of unlicensed persons
Any person or corporation operating a railroad in this state who employs any person as engineer, fireman, train dispatcher, conductor, flagman, brakeman or switchman, ...
- Section 37-2-86.1 Conductor and engineer's qualification permit contents; display
Every railroad conductor and engineer in this state shall carry on his person while on duty in train service a conductor/engineer's qualification permit. Every ...
- Section 37-2-87 Instruction of engineers and conductors
The chief superintendent of every railroad shall instruct the engineers and conductors thereof, as to the provisions of Sections 37-2-81 and 37-2-82, and order ...
- Section 37-2-88 Railroad drawbridges
(a) All steamboats approaching, with the intention of passing through, any railroad drawbridge, when about three miles, and again when about two miles, and ...
- Section 37-2-89 Railroad fences; liability for injury to stock
(a) Whenever the Public Service Commission deems it necessary that any railroad in this state, or any portion thereof, shall be fenced, it shall ...
- Section 37-2-90 Locomotive headlights
All companies, corporations, lessees, owners, operators, or receivers of any railroad or railway company operating a railroad or railway in whole or in part ...
- Section 37-2-91 Railroad accident reports
Every person, corporation, company or association operating a railroad shall give notice to the commission of every accident happening on any portion of its ...
- Division 4 Regulations for Convenience of Passengers.
- Section 37-2-110 Duty of railroad to provide accommodations generally
Every railroad company in this state, on the order of the Public Service Commission, shall provide, construct and maintain adequate depots and depot buildings ...
- Section 37-2-111 Union stations
Any two or more railroads which enter any city or town may be required, when practicable, or when the necessities of the case in ...
- Section 37-2-112 Orders of commission - Notice; time for compliance
Whenever the Public Service Commission shall make an order requiring the performance of any of the duties enumerated in Sections 37-2-110 and 37-2-111, notice ...
- Section 37-2-113 Orders of commission - Remedy for noncompliance
The Public Service Commission must notify the district attorney of the proper circuit and the Attorney General of the failure of any railroad company ...
- Section 37-2-114 Failure of trains to stop at advertised stations
Railroad trains for the carriage of passengers must stop at all stations advertised by the railroad company as stops for such trains at least ...
- Section 37-2-116 Action for damages not barred
Nothing in this division shall be so construed as to prevent any person from recovering damages against the railroad company or companies for failure ...
- Division 5 Commercial Regulations and Regulations for Convenience of Shippers.
- Section 37-2-130 Duty of railroad to maintain depots, etc
All railroads shall on the order of the Public Service Commission keep and maintain adequate and suitable depots, buildings, switches and sidetracks for the ...
- Section 37-2-131 Connection of tracks and interchange of traffic - Generally
Railroads may be constructed so as to cross or connect with each other, by the main or branch tracks; and any person or corporation ...
- Section 37-2-132 Connection of tracks and interchange of traffic - Railroads running to or through same town or city
When two or more railroad companies have roads running to or through the same town or city, or near enough thereto to receive freight ...
- Section 37-2-133 Connection of tracks and interchange of traffic - Switch connections
Every railroad subject to the provisions of this division shall construct, maintain, and operate upon reasonable terms, a switch connection with such other railroad ...
- Section 37-2-134 Connection of tracks and interchange of traffic - Duty to provide equal and reasonable facilities
All railroad companies subject to the provisions of this division shall provide at all points of connection, crossing or intersection at grade, where it ...
- Section 37-2-135 Connection of tracks and interchange of traffic - Duty to deliver freight or cars without unreasonable delay or discrimination; precedence given livestock and perishable freight
All railroads shall afford all reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering passengers and ...
- Section 37-2-136 Spur tracks and sidetracks
Every railroad is required to construct and maintain spur tracks and sidetracks to industries already established under such reasonable rules and orders as may ...
- Section 37-2-137 Cattle guards
Every person or corporation operating a railroad must put cattle guards and crossings for plantation roads upon such railroad, and keep the same in ...
- Division 6 Railway Policemen.
- Section 37-2-150 Appointment
(a) Any company or corporation operating a railway may apply through one of its executive officers to the Governor to commission such number of ...
- Section 37-2-151 Oath; bond
Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the usual oath and enter into bond in ...
- Section 37-2-152 Badge
Such railway policemen shall, when on duty, severally wear a metallic shield with the words "railway policeman" and the name of the corporation for ...
- Section 37-2-153 Powers
(a) A railroad policeman may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, ...
- Section 37-2-154 Compensation
The compensation of such policemen shall be paid by the companies for which the policemen were respectively appointed as may be agreed upon between ...
- Section 37-2-155 Liability of corporation for acts of policemen
The corporation or company which applied for the appointment of such policeman, as provided in this division, shall be liable in damages for all ...
- Section 37-2-156 Filing of notice that services no longer required
Whenever any such corporation or company shall no longer require the services in Alabama of any policeman so appointed, it shall file a written ...
- Section 37-2-157 Removal by Governor
The Governor may, at any time, remove any such policeman so appointed by him. Written notice of such removal shall be filed with the ...
- Article 2 Securities of Telephone Companies.
