§ 1801. Definitions
As used in this chapter, the word “company” or “corporation” means and includes individuals,
partnerships, associations, and corporations, owning or conducting any transportation
business or property, other than railroads and aircraft, which are covered by the
provisions of this chapter. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1802. Jurisdiction over certain transportation companies by the Agency of Transportation
and the Transportation Board
The Transportation Board and the Agency of Transportation shall have jurisdiction
over the following described companies within the State, their directors, receivers,
trustees, lessees, or other persons or companies owning or operating the companies
and of all plants, lines, terminals, facilities, and equipment of the companies used
in or about the business carried on by them in this State. This jurisdiction shall
be exercised by the Board and the Agency so far as may be necessary to enable them
to perform the duties and exercise the powers conferred upon them by law. The Board
and the Agency may, when they deem the public good requires, examine the plants, lines,
terminals, facilities, and equipment of the companies subject to their jurisdiction
under this chapter. The Transportation Board and the Agency of Transportation shall
have jurisdiction over the following described companies within the State:
(1) a company owning or operating motor vehicles used as common carriers;
(2) a company owning or operating a ferry; and
(3) a company owning or operating an express business. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1803. Organization; reports of transportation corporations
Immediately upon the delivery of its articles of association to the Secretary of State,
a corporation subject to supervision under this chapter shall file a copy of its articles
with the Agency of Transportation and a copy of its certificate of paid-up capital
stock, if any. The corporation shall also immediately after its organization forward
to the Agency of Transportation a copy of the report of its organization containing
the names and addresses of the directors and other officials of the corporation.
At the time of commencing, a business, individual, or company, other than a corporation
that is subject to supervision under this chapter, shall file with the Agency a written
statement giving the location, nature, and extent of the business, together with the
post office address of the owner or owners, business manager, and other officials. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1804. Duty to furnish copies of contracts
At the request of the Agency of Transportation, a corporation subject to supervision
under this chapter shall submit to the Agency for its approval certified copies of
contracts entered into after July 1, 1986, between the corporation and any person,
partnership, association, trust, or corporation holding, controlling, or owning 10
percent or more of the voting capital stock of the corporation subject to supervision,
or with any other corporation that is itself owned or controlled by an individual,
partnership, association, trust, or corporation so holding, controlling, or owning
10 percent or more of the voting capital stock of the corporation subject to supervision. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1805. Information to be furnished to the Agency of Transportation
On request by the Agency of Transportation, a company owning or operating a plant,
line, or property subject to supervision under this chapter shall furnish the Agency
information concerning the condition, operation, management, expense of maintenance
and operation, rates charged for service or for product, contracts, obligations, and
financial standing of the company. It shall also inform the Agency of the salaries
of, the pensions, option, or benefit programs affecting, and the expenses reimbursed
to, its officers or directors, or both. The information shall be open to public inspection
at reasonable times and any person shall be entitled to copies of the information.
Information obtained for use by the Agency in a particular instance and designated
proprietary shall not be made public, except in the discretion of the Agency. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1806. Report of accidents; investigation
The superintendent or manager of any transportation company subject to supervision
under this chapter shall notify the Agency by telephone or wire and subsequently in
writing of any accident within this State, immediately after its occurrence, that
results in loss of life or injury to any person that shall incapacitate him or her
from engaging in his or her usual vocations. The Agency shall inquire into the cause
of every accident about which it is notified, and if, in its judgment, a public investigation
is necessary, it shall fix a time and place for holding an investigation, and shall
proceed as provided in provisions of law relating to investigation of accidents upon
railroads. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1807. Complaints; investigations; procedure
A complaint to the Transportation Board may be made against a company subject to supervision
under the provisions of this chapter concerning any claimed unlawful act or neglect
adversely affecting the complainant, who may be a company or five or more individuals
or, if less than five individuals are affected, then any one of them. The complainant
may bring his or her complaint directly before the Board or may file his or her complaint
with the Agency of Transportation, which shall investigate the complaint and, if sufficient
cause exists, shall prosecute the complaint in the name of the State. Upon request
of the trustees of an incorporated village or the selectboard members or city council
or upon its own motion, the Agency of Transportation may institute investigations
regarding the price, toll, rate, or rental charged by any company. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1808. Jurisdiction of Transportation Board; general scope
On notice, the Board shall have jurisdiction to hear, determine, render judgment,
and make orders and decrees in all matters provided for in the charter or articles
of any corporation owning or operating any plant, line, or property subject to supervision
under this chapter, and shall have like jurisdiction in all matters respecting:
(1) the quantity or quality of any service furnished or sold by any company subject to
supervision under this chapter, and may prescribe the equipment for and standard of
service;
(2) the manner of operating and conducting any business subject to supervision under this
chapter so as to be reasonable and expedient and to promote the safety, convenience,
and accommodation of the public;
(3) the price, toll, rate, or rental charged by any company subject to supervision under
this chapter when unreasonable or in violation of law;
(4) the sufficiency and maintenance of proper systems, plants, lines, terminals, facilities,
and equipment when the public safety and welfare require; and
(5) the restraint of any company subject to supervision under this chapter from violations
of law, unjust discriminations, usurpation, or extortion. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 5.)
§ 1809. Prosecution of cases before Board
The Secretary of Transportation or his or her designee shall represent the public
at a Board hearing when the matters involved result directly from a proposed increase
in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence
of indebtedness for which the approval of the Board is required by law. In any proceeding,
the Board may request the appearance of the Attorney General or appoint a member of
the Vermont Bar to represent the interests of the public or State. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1810. Jurisdiction by the Transportation Board over charges and rates
When, upon hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable,
insufficient, or unjustly discriminatory, or are found to be preferential or otherwise
in violation of a provision of this chapter, the Board may order and substitute for
the rates, tolls, charges, or schedules, and make changes in any regulations, measurements,
practices, or acts of the company relating to its service, and may make an order to
compel the furnishing of adequate service as shall after hearing be found by the Board
to be just and reasonable. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 21, eff. July 1, 2022.)
§ 1811. Service to the public
Each company subject to supervision under this chapter shall be required to furnish
reasonably adequate service, accommodation, and facilities to the public. The charge
made by any company subject to supervision under this chapter for any provision or
service shall be reasonable and without discrimination, except as may be provided
in this chapter. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1812. Repealed. 1993, No. 172 (Adj. Sess.), § 67(2).
§ 1813. Exceptions
Companies under the jurisdiction of a federal commission shall not be required to
keep any system of accounts and records that would conflict with any requirement of
the federal commission or agency. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§§ 1814-1816. Repealed. 1993, No. 172 (Adj. Sess.), § 67(3).
§ 1817. Copy of schedules
Each company subject to the provisions of this chapter shall keep on file in every
one of its stations or offices where payments are made by consumers or users a copy
printed in plain type of so much of its schedules as the Board shall deem necessary.
The copy shall be in a form and place that is readily accessible to inspection by
the public. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1818. Rebates; exceptions
A company shall not directly or indirectly or by any special rate, rebate, drawback,
or other device or method make any deviation from the rates, fares, charges, or prices
for any service rendered by it or in services rendered or to be rendered in connection
with services, as specified in its schedules of charges in effect at the time the
service was rendered. No company may enter into any contract, agreement, or arrangement
relating to the furnishing or rendering of any special product or special service
not provided for or covered in the schedule without prior filing with the Agency.
However, nothing in this section shall prohibit the giving by any company of free
or reduced rate service to its employees, or in case of public emergency, or to the
classes defined and provided for in the Act of Congress entitled “An Act to Regulate
Commerce” and amendments to that Act. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1819. Special rate or rebate; penalty
Except as provided in section 1818 of this title, an officer or employee of a transportation company who grants or knowingly consents
to a special rate or rebate shall be fined not less than $100.00 nor more than $1,000.00
and the company granting a rebate shall be fined not less than $500.00 nor more than
$5,000.00 for each offense. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1820. Motor bus defined
A motor bus is defined to be any motor vehicle, other than a street car, operated
upon the public streets and highways along a regular route, and in the operation of
receiving, discharging, and transporting passengers for hire. However, this definition
shall not be construed to apply to transportation services, the route and destination
of which are under the direction and subject to the control of the passengers so transported. (Added 1985, No. 224 (Adj. Sess.), § 1.)
NotesHistoryRevision note—2022.
In the first sentence, added “of” preceding “receiving” for clarity.
§ 1821. Common carrier defined
Each person, association, or corporation owning or operating a motor bus, which indiscriminately
carries passengers, freight, or express for hire, regularly over a fixed route or
between fixed terminals, is declared a common carrier. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1822. Jurisdiction of Transportation Board over common carriers
A common carrier shall be subject to the jurisdiction of the Transportation Board
and, while so operating, to all reasonable rules as the Board prescribes with respect
to routes, fares, schedules, continuity of service, and the convenience and safety
of passengers and the public. The operation of a motor vehicle the principal purpose
of which is the carrying of mail under contract with the U.S. government shall not
be construed as being engaged in the business of operating a motor bus within the
meaning of this section and section 1820 of this title, notwithstanding incidental transportation of passengers for hire. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1823. Certificate of public good
An individual, association, or corporation shall not operate a motor bus until the
owner has obtained a certificate from the Transportation Board specifying the route
over which the motor bus may operate, the number of passengers that the motor bus
may carry at any one time, the service that the motor bus shall furnish, and that
the operation of the motor bus over the proposed route will promote the general good
of the State. The Board may amend or revoke any certificate. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1824. Application for certificate of public good; hearing
A certificate shall be issued only after written application has been made. Upon receipt
of an application, the Board shall fix a time and place for hearing, which shall be
in a town within which the route or a part of the route is proposed, and shall give
notice of the pendency of the application and of the time and place of hearing to
the applicant, and to any common carrier operating over any portion of the proposed
route or over a route substantially parallel to the proposed route. The Board shall
make an order for the publication of the substance of the petition and of the time
and place of the hearing in a newspaper published in the county or counties where
the proposed route is located, the publication to be at least 12 days before the day
appointed for the hearing. A public hearing shall be held on the petition. To enable
the provision of service for which there is an immediate or urgent need to a point
or points within a territory having no carrier service capable of meeting those needs,
the Board may, without hearings or other proceedings, grant temporary authority for
the service by a common carrier. Temporary authority, unless suspended or revoked
for good cause, shall be valid for the time as the Board shall specify but not more
than an aggregate of 180 days and shall create no presumption that corresponding permit
authority shall be granted. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1824a. Publicly funded carriers
Sections 1823-1824 of this title shall not apply to any carrier subsidized by public funds under 24 V.S.A. chapter 126. (Added 1993, No. 172 (Adj. Sess.), § 6.)
§ 1825. Petition by public; notice; hearing
Any town, city, or village within which, or between which, and any other town, city,
or village in this State any common carrier is furnishing service, may bring a written
petition to the Transportation Board, or the Board on its own motion may conduct an
investigation in respect to routes, fares, schedules, continuity of service, and the
convenience and safety of passengers and the public. Upon petition, the Board shall
fix a time and place for a hearing upon the petition, and shall mail notice of the
petition to the parties in interest and give notice of the petition at least one week
prior to the hearing. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1826. Display of certificate
The owner or operator of every motor bus shall display in a conspicuous place in or
on the motor bus the certificate in abbreviated form prescribed by the Board or a
certified copy of the certificate. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1827. Jurisdiction of Commissioner of Motor Vehicles
Upon the granting of a certificate as provided in section 1823 of this title, the Commissioner of Motor Vehicles shall have jurisdiction over the registration
of a motor bus, its speed and lighting, the safety devices, and the licensing of operators. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1828. Safe operation of motor buses
Common carriers shall furnish motor buses and operate them in a manner that will afford
safety and protection to their passengers and to the public. (Added 1985, No. 224 (Adj. Sess.), § 1.)
§ 1829. Supervision by Transportation Board of common carriers; abandonment of service
The Transportation Board shall have general supervision and jurisdiction of common
carriers, make rules, hold hearings, and issue certificates as may be required under
the provisions of this chapter. No common carrier without first having given 30 days’
notice to the Transportation Board and the Agency of Transportation shall abandon
all or any part of its certificated authority or discontinue any service established
under the provisions of this chapter, except it may discontinue a temporary service
established incident to the certificated authority provided service is not in effect
more than 60 days during any year and may suspend service temporarily by reason of
road conditions or when ordered by the State or local authorities. A change in schedule
or the elimination of a trip or trips established for experimental purposes or established
to meet educational, athletic, convention, holiday, vacation, peak, seasonal, temporary,
extraordinary, excursion, tour, mail, express, or newspaper traffic requirements shall
not be deemed to constitute a discontinuance of service or an abandonment of authority
by a common carrier of passengers. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 7.)
§ 1830. Penalty
An individual or the officers of an association or corporation who violates any order,
rule, or regulation adopted or established under the provisions of this chapter or
violates any provision of this chapter shall be fined not more than $5,000.00 or imprisoned
for not more than 60 days, or both. (Added 1985, No. 224 (Adj. Sess.), § 1.)