§ 701. Declaration of policy
It shall be the policy of the State of Vermont to prevent unnecessary hazards in the
operation of ski tows, lifts, and tramways, to ensure that reasonable design and construction
are used, that accepted safety devices are provided for and that periodic inspections
and adjustments are made, all for the purpose of making safe the operation of ski
tows, ski lifts, and passenger tramways. (Added 1961, No. 266, § 1, eff. Aug. 1, 1961.)
§ 702. Definition of terms
The following terms shall be construed as follows:
(1) “A passenger tramway” is a device used to transport passengers uphill on skis, or
in cars on tracks or suspended in the air, by the use of steel cables, chains, or
belts or by ropes and usually supported by trestles or towers with one or more spans.
The term passenger tramway shall include the following:
(A) “Two-car passenger tramway,” a device used to transport passengers in two open or
enclosed cars attached to, and suspended from, a moving wire rope, or attached to
a moving wire rope and supported on a standing wire rope, or similar devices.
(B) “Multi-car passenger tramway,” a device used to transport passengers in several open
or enclosed cars attached to, and suspended from, a moving wire rope, or attached
to a moving wire rope and supported on a standing wire rope, or similar devices.
(C) “Skimobile,” a device in which a passenger car running on steel or wooden tracks is
attached to and pulled by a steel cable, or similar devices.
(D) “Chair lift,” a type of transportation on which passengers are carried on chairs suspended
in the air and attached to a moving cable, chain, or link belt supported by trestles
or towers with one or more spans, or similar devices. A chair lift may be a “fixed
grip lift” or a “detachable grip lift.”
(E) “Surface lift,” a type of transportation that pulls skiers riding on skis by means
of an attachment to a main overhead cable supported by trestles or towers with one
or more spans. Surface lifts include so-called T bars, J bars, poma lifts, platter
pulls, and similar type devices.
(F) “Rope tow,” a type of transportation that pulls the skiers riding on skis as the skier
grasps the rope manually, or similar devices.
(G) “Detachable grip lift,” an aerial lift on which carriers alternately attach to and
detach from a moving haul rope. The tramway system may be mono-cable or bi-cable.
(H) “Fixed grip lift,” an aerial lift on which carriers remain attached to a haul rope.
The tramway system may be either continuous or intermittent circulating and either
mono-cable or bi-cable.
(I) “Base rate,” a rate that is determined annually by the Passenger Tramway Board and
which rate when multiplied by the formulae in section 707 of this title will result in the “fee-due-State.”
(2) “Industry” shall mean the activities of all those persons in the State who own or
control the operation of passenger tramways.
(3) “Operator” is a person who owns or controls the operation of a passenger tramway.
The word “operator” shall include the State or any political subdivision.
(4) “Board” shall mean the Passenger Tramway Board.
(5) “Department” shall mean the Department of Labor.
(6) “Lineal footage” is one-half of the total length of the cable or rope as determined
when the tramway is installed. (Added 1961, No. 266, § 2, eff. Aug. 1, 1961; amended 1981, No. 36, §§ 1, 5; 1991, No. 206 (Adj. Sess.), §§ 1, 2; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
§ 703. Passenger Tramway Board
There is hereby created the Passenger Tramway Board within the Department of Labor,
which shall consist of the Commissioner of Labor, ex officio, who shall serve as chair,
and four appointive members. The appointive members of said Board shall be appointed
by the Governor. Two of the appointive members who are first appointed shall be designated
to serve terms of two years and two of the appointive members shall be designated
to serve terms of four years, but thereafter appointive members shall be appointed
for terms of four years except that all vacancies shall be filled for the unexpired
term. An appointive member shall hold office until his or her successor has been appointed
and has qualified. Two appointive members shall be engaged in the industry and two
shall be representatives of the public at large. Appointive members of the Board shall
receive as compensation the sum of $15.00 per diem for their services and their necessary
expenses when in the performance of their duties. (Added 1961, No. 266, § 3, eff. Aug. 1, 1961; amended 1963, No. 108, § 1, eff. May 28, 1963; 1963, No. 193, § 37, eff. June 28, 1963; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
§ 704. Rules
The Board may, in accordance with 3 V.S.A. chapter 25, adopt reasonable rules relating
to public safety in the construction, operation, maintenance, and inspection of passenger
tramways. The rules authorized under this section shall conform as nearly as practicable
to established standards, if any, and shall not be discriminatory in their application
to operators of passenger tramways. Rules adopted by the Board shall in no way reduce
or diminish the standard of care imposed upon passenger tramway operators under existing
law. (Added 1961, No. 266, § 4, eff. Aug. 1, 1961; amended 1981, No. 36, § 2; 2023, No. 85 (Adj. Sess.), § 463, eff. July 1, 2024.)
§ 705. Enforcement; certificate
The Department shall enforce the rules adopted by the Board and inspect the construction,
operation, and maintenance of passenger tramways to determine whether the rules adopted
by the Board have been complied with by the operators. Certification of compliance
by a qualified inspector who has been approved by the Department may be accepted by
the Department instead of other inspection. In any legal proceedings, a certificate
of compliance issued pursuant to this section shall be competent evidence only for
the purpose of establishing the fact of issuance of said certificate and for no other
purpose. (Added 1961, No. 266, § 5, eff. Aug. 1, 1961; amended 1963, No. 108, § 2, eff. May 28, 1963.)
§ 706. Operators to pay cost of inspection
The expenses of the Department in connection with making the inspections under section 705 of this title shall be paid in the first instance by the Department. In the event that contractors
are used by the Department for specialized engineering consultation, such as structural,
electrical, mechanical, or failure analysis, the cost shall be reimbursed to the Department
by the affected area tramway operators. The reimbursement shall be credited to the
special fund created under this chapter. (Added 1961, No. 266, § 6, eff. Aug. 1, 1961; amended 1981, No. 36, § 3; 2013, No. 191 (Adj. Sess.), § 8.)
§ 707. Registration and fees
(a) A passenger tramway shall not be operated in this State unless the operator of the
passenger tramway has been registered by the Department. On or before the first day
of November in each year, every operator of a passenger tramway shall apply to the
Department on forms prepared by the Department for registration under this chapter.
The application shall contain information that the Department may require and shall
be accompanied by a registration fee, according to the formula stated in this section,
unless an alternate payment plan is approved by the Commissioner pursuant to subsection
(f) of this section. The Department shall assess total registration fees in the sum
of the amount approved in the appropriations process for the program for that fiscal
year, adjusted by any balance in the Passenger Tramway Special Fund from the prior
fiscal year.
(b) Each operator shall pay a proportionate share of the total registration fees as determined
by the total lineal feet of each type of tramway operated as follows:
(1) the operator’s total lineal footage of multi-car passenger tramways times the product
of the base rate times 150 percent;
(2) the operator’s total lineal footage of detachable grip chair lifts times the product
of the base rate times 125 percent;
(3) the operator’s total lineal footage of fixed grip chair lifts times the base rate;
(4) the operator’s total lineal footage of surface lifts and rope tows times the product
of the base rate times 50 percent;
(5) all tramways being registered for the first time shall pay a sum equal to five times
the registration fee required to be paid for similar type tramways that have previously
been registered;
(6) all major modifications of existing passenger tramways where the Department has determined
that a 50 percent alteration or upgrade of structural, mechanical, or electrical systems
has occurred or where the Department has determined that a full load test of the lift
is required, shall pay a fee according to the following schedule:
(A) drive terminal, tension terminal, or mid-station terminal M-modification (50 percent
or more) shall pay an equivalent annual registration fee times two;
(B) any two of the above M-modifications (50 percent or more) shall pay an equivalent
annual registration fee times three;
(C) any three of the above M-modifications (50 percent or more) shall pay an equivalent
annual registration fee times four;
(D) towers, structures, and foundation M-modification (50 percent or more) not including
any of the M-modifications listed in subdivision (b)(6)(A) of this section shall pay
an equivalent annual registration fee times two;
(E) any combination of the above in aggregate shall never exceed five times the registration
fee required for first-time registration;
(7) any passenger tramway that operates for more than five days singly or in aggregate,
between the periods of June 1 through October 30, shall pay an annual registration
fee equal to that of a similar type tramway plus 25 percent.
(c) For purposes of computing the base rate, “lineal footage” means the total lineal footage
of each type of tramway registered during the previous operating year.
(d) [Repealed.]
(e)(1) All fees collected under this section shall be credited to a special fund for the
Department to be expended for carrying out its duties under this chapter and may also
be expended as provided pursuant to subdivision (2) of this subsection.
(2) The Passenger Tramway Board may expend amounts that it determines to be appropriate
from the special fund established pursuant to subdivision (1) of this subsection for
the purpose of contributing to ski lift mechanic education, job training, and apprenticeship
programs.
(f) The Commissioner has discretion to authorize a tramway operator to enter a payment
plan to pay some or all of the fee due to the State after November 1 upon a showing
of financial need. The authorization and terms of any payment plan shall be in writing
and set a date or dates for payment, provided that the total amount of the fee due
to the State shall be paid not later than January 15. Failure to pay on November 1
or pursuant to an authorized plan may subject the operator to the penalties established
in section 712 of this chapter. (Added 1961, No. 266, § 7, eff. Aug. 1, 1961; amended 1965, No. 183; 1969, No. 46; 1971, No. 227 (Adj. Sess.), §§ 1-3, eff. April 5, 1972; 1975, No. 254 (Adj. Sess.), § 162(h); 1977, No. 119 (Adj. Sess.), § 3, eff. Feb. 7, 1978; 1981, No. 36, § 4; 1985, No. 26; 1985, No. 74, § 304; 1989, No. 210 (Adj. Sess.), § 288; 1991, No. 206 (Adj. Sess.), §§ 3, 4; 1995, No. 186 (Adj. Sess.), § 4, eff. May 22, 1996; 1999, No. 49, § 149; 2013, No. 101 (Adj. Sess.), § 1; 2015, No. 97 (Adj. Sess.), § 63; 2019, No. 80, § 18; 2023, No. 85 (Adj. Sess.), § 463, eff. July 1, 2024.)
§ 708. Orders
If, after investigation, the Department finds that a violation of any of the rules
exists, or that there is a condition in passenger tramway construction, operation,
or maintenance endangering the safety of the public, it shall immediately issue its
written order setting forth its findings, the corrective action to be taken, and fixing
a reasonable time for compliance with the written order. The order shall be served
upon the operator involved by registered mail and shall become final unless the operator
applies to the Board for a hearing in the manner provided in section 709 of this chapter. (Added 1961, No. 266, § 8, eff. Aug. 1, 1961; amended 2023, No. 85 (Adj. Sess.), § 463, eff. July 1, 2024.)
§ 708a. Emergency orders
Whenever the condition is deemed to be imminently hazardous, involving the safety
of passengers, the Department’s representative shall be authorized to order the operator
in writing to immediately suspend operation of the tramway, until such time as the
hazardous condition has been remedied. (Added 1971, No. 227 (Adj. Sess.), § 4, eff. April 5, 1972.)
§ 709. Hearing
Any operator who is aggrieved by Department order may, within ten days after service
thereof upon him or her, apply to the Board for a review of the order. The Board shall
hold a hearing thereon at the earliest convenient day. At the hearing, the operator
shall have a right to a full hearing, including the right to be heard personally and
by counsel, to cross-examine witnesses, and to produce evidence in his or her own
behalf. After the hearing, the Board shall report its findings, in writing, and make
such order as the facts may require. (Added 1961, No. 266, § 9, eff. Aug. 1, 1961.)
§ 710. Appeal
Any operator who is aggrieved by any order of the Department following the hearing
provided in section 709 of this title may, within 30 days after entry thereof, appeal to the Superior Court for the county
in which the passenger tramway is located. An appeal shall not suspend the operation
of the order made by the Board, but the Superior Court may suspend the order of the
Board pending determination of the appeal whenever, in the opinion of the court, justice
may require its suspension. The Superior Court shall hear the appeal and make such
decree as justice may require. (Added 1961, No. 266, § 10, eff. Aug. 1, 1961; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 711. Suspension
If any operator fails to comply with a lawful order issued under sections 708 and 709 of this title, the Department may order the operator to cease operations for such time as it considers
necessary for the protection of the safety of the public. (Added 1961, No. 266, § 11, eff. Aug. 1, 1961.)
§ 712. Penalties
(a) Operating without passing inspection. Any operator who operates a passenger tramway without first passing the annual inspection
by the Department shall be fined not more than $1,000.00 for each day of operation.
(b) Operating without paying fee-due-State. Any operator who operates a passenger tramway without paying the fee-due-State as
provided in section 707 of this title shall be fined not more than $50.00 for each day of operation.
(c) Operating after an order to cease. Any person who operates a passenger tramway after being ordered to cease operations
shall be fined not more than $5,000.00 for each day of illegal operation. (Added 1961, No. 266, § 12, eff. Aug. 1, 1961; amended 2013, No. 101 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 64.)