The Vermont Statutes Online

Title 5: Aeronautics and Surface Transportation Generally

Chapter 024: Powers and Duties of Board and Agency as to Companies Other than Railroads and Aircraft

• § 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.)