2005 Nevada Revised Statutes - Chapter 705 — Railroads and Monorails

CHAPTER 705 - RAILROADS AND MONORAILS

APPLICABILITY OF CHAPTER

NRS 705.005 Effectof federal preemption.

FOREIGN CORPORATIONS

NRS 705.010 Constructionand operation of railroad by foreign corporation; qualification to do business.

RIGHTS-OF-WAY AND FRANCHISES

NRS 705.020 County,city or town may grant use of street by railroad to reach depot or passthrough; limitations.

CONDITIONAL SALE OF EQUIPMENT

NRS 705.030 Contractreserving title or lien as security for full payment.

NRS 705.040 Leasecontaining stipulation for conditional sale of equipment at termination oflease.

NRS 705.050 Validityof contract for conditional sale.

NRS 705.060 Contractrecorded with Secretary of State; recording of declaration of full payment;fees.

NRS 705.070 NRS 705.030 to 705.060, inclusive, not to invalidatecontracts made before March 27, 1913.

SALE OR LEASE OF PROPERTY AND FRANCHISES

NRS 705.080 Sale, transfer or lease of property and franchises to corporation: Consent ofstockholders; operation by buyer or lessee.

TRANSPORTATION OF LIVESTOCK

NRS 705.090 Confinementof livestock in car for longer than 28 hours in intrastate shipment prohibited;extension of time.

NRS 705.100 Animalsto be fed and watered when unloaded; duties of custodian or company; lien ofcompany.

NRS 705.110 Penalty.

FENCES AND GUARDS FOR LIVESTOCK

NRS 705.120 Dutyof maintaining fences; liability for killing livestock.

NRS 705.130 Dutyof constructing barriers or guards where public road crosses fenced-inright-of-way; liability for killing or injuring livestock.

NRS 705.140 Penaltyfor allowing animal to stray on enclosed right-of-way.

DAMAGES FOR LIVESTOCK KILLED BY RAILROADS

NRS 705.150 Liabilityfor negligent killing or injuring livestock; prima facie evidence ofnegligence.

NRS 705.160 Settlementof claim within 90 days; action for recovery; assignment of claim.

NRS 705.170 Fencedright-of-way to be equipped with passageways and gates; responsibility ofrailroad.

NRS 705.180 Employeeto report killing or injuring of livestock.

NRS 705.190 Owneror operator of railroad to provide notice upon injuring or killing livestock;notice to be posted at stations and forwarded to State Department ofAgriculture; contents of notice.

NRS 705.200 Penalties.

EMPLOYEES

NRS 705.210 Employeeshours of employment limited; penalties.

NRS 705.220 Railroadpolice: Appointment; responsibility for actions; wearing of badge.

NRS 705.230 Unlawfulcompulsion or requirement of purchase of uniform or apparel as condition ofcontinued employment; penalty.

NRS 705.240 Engineerrequired to be able to read timetables and ordinary handwriting; penalty.

NRS 705.250 Intoxicationand other violations of duties; penalties.

LIABILITY OF RAILROADS TO EMPLOYEES AND DEPENDENTS IN CASESOF PERSONAL INJURY OR WRONGFUL DEATH

NRS 705.260 Commoncarrier defined.

NRS 705.270 Liabilityfor injury to or death of employee.

NRS 705.280 Contributorynegligence of employee not to bar recovery; diminution of damages by jury;violation by employer of safety statute.

NRS 705.290 Riskof employment not assumed where injury or death results from negligence ofemployers officers or employees or defect in equipment.

NRS 705.300 Questionof causation for jurys determination.

NRS 705.310 Factof injury or death presumptive evidence of want of care by employer.

NRS 705.320 Contractor regulation of employer exempting employer from liability void; setoff byemployer in action.

NRS 705.330 Survivalof right of action.

NRS 705.340 Limitationof actions.

LIABILITY OF RAILROADS TO PASSENGERS IN CASES OF PERSONALINJURY

NRS 705.350 Liabilityto passenger for personal injury; violation by passenger of printed regulationsor verbal instructions.

EQUIPMENT

NRS 705.360 Headlightson locomotive; penalty.

NRS 705.370 Emergencyfirst-aid kits: Contents prescribed by Commission; reports when used ormissing; penalties.

NRS 705.380 Windshieldmade of safety glass, electric head lamps, wiper and other equipment requiredon motor car used for transporting employees; penalty.

PROTECTION OF CERTAIN EMPLOYEES FROM DISCHARGE OR LOSS OFEMPLOYMENT

NRS 705.390 Protectionof flagman and trainman employed on certain dates from discharge or loss ofemployment.

NRS 705.420 Penalty.

STATE PLAN FOR SERVICE BY RAIL

NRS 705.421 Departmentof Transportation to develop state plan for service by rail.

NRS 705.423 Powerof Department of Transportation to accept money, enter into agreements and actas agent for county or city.

NRS 705.425 Stateprogram for preservation of lines of railroad on which service has beendiscontinued: Establishment; admission of lines to program; allowance for taxeson property admitted.

NRS 705.427 Contractfor acquisition and operation of track and other property of lines of railroad.

NRS 705.428 Contractfor construction, improvement or rehabilitation of track and other property oflines of railroad.

NRS 705.429 Regulations.

SUPER SPEED GROUND TRANSPORTATION SYSTEM

NRS 705.4291 Legislativedeclaration. [Expires by limitation 1 year after the date on which the Governordeclares by public proclamation that the Super Speed Ground TransportationSystem connecting southern California with southern Nevada has been completed,or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever islater.]

NRS 705.4292 Definitions.[Expires by limitation 1 year after the date on which the Governor declares bypublic proclamation that the Super Speed Ground Transportation Systemconnecting southern California with southern Nevada has been completed, or onthe date all borrowing made pursuant to NRS705.42955 is retired, whichever is later.]

NRS 705.4293 California-NevadaSuper Speed Ground Transportation Commission: Creation; membership; terms andreappointment of members; Chairman. [Expires by limitation 1 year after thedate on which the Governor declares by public proclamation that the Super SpeedGround Transportation System connecting southern California with southernNevada has been completed, or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever islater.]

NRS 705.42935 Designationof Commission as agency of State of Nevada for certain purposes. [Expires bylimitation 1 year after the date on which the Governor declares by publicproclamation that the Super Speed Ground Transportation System connectingsouthern California with southern Nevada has been completed, or on the date allborrowing made pursuant to NRS 705.42955is retired, whichever is later.]

NRS 705.4294 Powerof Commission to take certain actions regarding Super Speed GroundTransportation System; requirements for approval of route and terminals.[Expires by limitation 1 year after the date on which the Governor declares bypublic proclamation that the Super Speed Ground Transportation Systemconnecting southern California with southern Nevada has been completed, or onthe date all borrowing made pursuant to NRS705.42955 is retired, whichever is later.]

NRS 705.4295 Powerof Commission to incorporate in Nevada or California; admissibility ofproceedings, records and acts of Commission; immunity from liability formembers, agents and employees of Commission. [Expires by limitation 1 yearafter the date on which the Governor declares by public proclamation that theSuper Speed Ground Transportation System connecting southern California withsouthern Nevada has been completed, or on the date all borrowing made pursuantto NRS 705.42955 is retired, whicheveris later.]

NRS 705.42955 Powerof Commission to issue bonds, notes, obligations or other evidences ofborrowing; authorized sources of payment or security; financing agreements;refund of obligations; no authority to obligate certain governmental entitieswithout intergovernmental agreement; distribution of property upon dissolution;liens. [Expires by limitation 1 year after the date on which the Governordeclares by public proclamation that the Super Speed Ground TransportationSystem connecting southern California with southern Nevada has been completed,or on the date all borrowing made pursuant to NRS 705.42955 is retired, whichever islater.]

NRS 705.4296 Governorto issue proclamation when System completed. [Expires by limitation 1 yearafter the date on which the Governor declares by public proclamation that theSuper Speed Ground Transportation System connecting southern California withsouthern Nevada has been completed, or on the date all borrowing made pursuantto NRS 705.42955 is retired, whicheveris later.]

MISCELLANEOUS PROVISIONS AND CRIMES

NRS 705.430 Penaltyfor unlawful failure to ring bell or sound whistle at crossing.

NRS 705.440 Illegalrates and charges; penalty.

NRS 705.450 Penaltyfor willful obstruction or delay of train.

NRS 705.460 Penaltyfor unlawful obstruction or destruction of track, equipment or devices.

NRS 705.480 Tamperingwith railroad property; penalty.

MONORAILS

NRS 705.610 Definitions.

NRS 705.650 Monoraildefined.

NRS 705.660 Operatordefined.

NRS 705.665 Ownerdefined.

NRS 705.680 Installationand operation authorized in county whose population is 400,000 or more;authority of owner or operator.

NRS 705.690 Installationand operation of monorail is not public work; monorail is not public utilitywithin meaning of chapter 704 of NRS;Department of Transportation, county and city authorized to assist ininstallation, operation and financing.

NRS 705.695 Countyor city authorized to grant franchise or enter into agreement for installationand operation; franchise or agreement with county or city required beforebeginning construction; franchise or agreement dispenses with permit otherwiserequired by county or city.

NRS 705.700 Requirementsfor agreement or ordinance granting franchise for installation and operation.

_________

APPLICABILITY OF CHAPTER

NRS 705.005 Effectof federal preemption.

1. The provisions of this chapter do not apply to anindividual, company or corporation operating a railroad in this State to theextent that such a provision is:

(a) Preempted, either expressly or by implication, by afederal law or an administrative regulation, rule, decision, opinion or orderhaving the force of a federal law; or

(b) Declared to be preempted by a court of competentjurisdiction interpreting a federal law or an administrative regulation, rule,decision, opinion or order having the force of a federal law.

2. If a provision of this chapter is preempted, theprovision is suspended and must not be enforced against the individual, companyor corporation operating the railroad only for the period during which thepreemption is valid and effective.

3. This section is intended only to codify the rulesof construction applicable to the federal doctrine of preemption and must notbe interpreted in a manner that is inconsistent with those rules.

(Added to NRS by 2005, 305)

FOREIGN CORPORATIONS

NRS 705.010 Constructionand operation of railroad by foreign corporation; qualification to do business.

1. Subject to the provisions of subsection 2, any railroadcorporation organized under the laws of any other state or territory, or underany Act of Congress, may construct, own and operate a line of railroad andextensions and branches thereof in this state, and for that purpose mayexercise the power of eminent domain, and do any other business in connectiontherewith, as fully and effectually, to all intents and purposes, as if suchcorporation were organized under the laws of this state.

2. Before any corporation, incorporated or organizedotherwise than under the laws of this state, shall acquire or construct anyrailroad in this state by virtue of this section, it shall comply with theprovisions of chapter 80 of NRS.

[Part 1:67:1933; 1931 NCL 6356]

RIGHTS-OF-WAY AND FRANCHISES

NRS 705.020 County,city or town may grant use of street by railroad to reach depot or passthrough; limitations.

1. Any county, city or town in this State shall have,and is hereby fully empowered, by and through a two-thirds vote of the board ofcounty commissioners, the city council, or any other officers having asupervisory or other control of such county, city or town, respectively, togive, grant or donate to any railroad company now organized or that may behereafter organized under the laws of this State the use of any of the streetsor highways which may be absolutely necessary in order to enable any suchcompany to reach an accessible point for a depot in any such county, city andcounty, city or town, or to pass through the same on as direct a route aspossible, and accommodate the traveling and commercial interests thereof.

2. The provisions of this section shall not apply toany street railroad now constructed, or hereafter to be constructed, in any ofthe incorporated cities of this State; nor shall any railroad company which mayavail itself of the provisions of this section ever use its road for streetrailroad purposes or for the purpose of carrying passengers for a considerationfrom one point to another in the same city; nor shall any city or town donateany public square or any land set apart to the use of any one company.

[9(c):177:1925; added 1945, 196; 1943 NCL 1608.03]

CONDITIONAL SALE OF EQUIPMENT

NRS 705.030 Contractreserving title or lien as security for full payment. Inany contract for the sale of railroad or street railway equipment or rollingstock, it shall be lawful to agree that title to the property sold or contractedto be sold, although possession thereof may be delivered immediately or at anytime or times subsequently, shall not vest in the purchaser until the purchaseprice shall be fully paid, or that the seller shall have and retain a lienthereon for the unpaid purchase money.

[Part 1:278:1913; 1919 RL p. 2982; NCL 6300]

NRS 705.040 Leasecontaining stipulation for conditional sale of equipment at termination oflease. In any contract for the leasing orhiring of railroad or street railway equipment or rolling stock, it shall belawful to stipulate for a conditional sale thereof at the termination of suchcontract, and that the rentals or amounts to be received under such contractmay, as paid, be applied and treated as purchase money, and that the title tothe property shall not vest in the lessee or bailee until the purchase priceshall have been paid in full and until the terms of the contract shall havebeen fully performed, notwithstanding delivery to and possession by the lesseeor bailee.

[Part 1:278:1913; 1919 RL p. 2982; NCL 6300]

NRS 705.050 Validityof contract for conditional sale. No contractof the type provided for in NRS 705.030to 705.070, inclusive, shall be valid asagainst any subsequent judgment creditor or any subsequent bona fide purchaserfor value and without notice, unless:

1. The contract is evidenced by an instrument executedby the parties and duly acknowledged by the vendee, lessee or bailee, as thecase may be, or duly proved before some person authorized by law to takeacknowledgments of deeds, and in the same manner as deeds are acknowledged orproved;

2. The instrument is filed for record in the Office ofthe Secretary of State of this state; and

3. Each car or locomotive engine so sold, leased orhired, or contracted to be sold, leased or hired, has the name of the vendor,lessor or bailor plainly marked in letters not less than 1 inch in size on eachside thereof, followed by the word owner or lessor or bailor, as the casemay be.

[Part 1:278:1913; 1919 RL p. 2982; NCL 6300]

NRS 705.060 Contractrecorded with Secretary of State; recording of declaration of full payment;fees.

1. The contracts authorized by NRS 705.030 to 705.070, inclusive, shall be filed with theSecretary of State and recorded by him in a book of records to be kept for thatpurpose. On payment in full of the purchase money and the performance of theterms and conditions stipulated in any such contract, a declaration in writingto that effect shall be made by the vendor, lessor or bailor, or his or itsassignee, by a separate instrument, to be acknowledged by the vendor, lessor orbailor, or his or its assignee, and recorded as aforesaid.

2. The Secretary of State shall collect and pay intothe State Treasury $5 for filing each of such contracts or declarations and 20cents per folio for recording the same.

[2:278:1913; 1919 RL p. 2983; NCL 6301]

NRS 705.070 NRS 705.030to 705.060,inclusive, not to invalidate contracts made before March 27, 1913. NRS 705.030 to 705.060, inclusive, shall not be held to invalidateor affect in any way any contract of the kind referred to in NRS 705.030 to 705.050, inclusive, made prior to March 27,1913, and any such contract made prior to March 27, 1913, may, upon compliancewith the provisions of NRS 705.030 to 705.060, inclusive, be recorded as providedin NRS 705.060.

[3:278:1913; 1919 RL p. 2983; NCL 6302]

SALE OR LEASE OF PROPERTY AND FRANCHISES

NRS 705.080 Sale,transfer or lease of property and franchises to corporation: Consent ofstockholders; operation by buyer or lessee.

1. Any railroad corporation owning a railroad in thisstate may sell, convey and transfer, or lease its property and franchises, orany part thereof, to any other railroad corporation, whether organized underthe laws of this state or of any other state or territory, or under any Act ofCongress, upon such terms and conditions as its board of directors deemexpedient and for the best interests of the corporation, when and as authorizedby the affirmative vote of stockholders holding stock in the corporationentitling them to exercise not less than 66 2/3 percent of the voting power,given at a stockholders meeting called for that purpose, or when authorized bythe written consent of stockholders holding stock in the corporation entitlingthem to exercise not less than 66 2/3 percent of the voting power; but thearticles of association may require the vote or written consent of a largerproportion of the stockholders and the separate vote or consent of any class ofstockholders.

2. Any other railroad corporation receiving theconveyance or lease may hold and operate the railroad franchise and propertywithin this state, build and operate extensions or branches thereof, and forthat purpose exercise the power of eminent domain, and do any other business inconnection therewith, as fully and effectually to all intents and purposes asif such corporation were organized under the laws of this state.

[Part 1:67:1933; 1931 NCL 6356]

TRANSPORTATION OF LIVESTOCK

NRS 705.090 Confinementof livestock in car for longer than 28 hours in intrastate shipment prohibited;extension of time.

1. No railway corporation engaged in thetransportation of horses, sheep, cattle, swine or other animals between pointssituated within this state shall confine or cause the same to be confined incars or other vehicles of any description for a period longer than 28consecutive hours without unloading the same for rest, water and feeding during5 consecutive hours, unless prevented by storm or inevitable accident.

2. In estimating such confinement, the time duringwhich the animals have been confined without rest on connecting roads fromwhich they are received must be computed.

3. The time of confinement prescribed in this sectionmay be extended to 36 hours upon the written request of the owner or the personin custody of a particular shipment of livestock, which written request shallbe separate and apart from any printed bill of lading or other railroad form.The request for extension of time shall be made to the conductor of the train,the agent or other authorized agent of the railroad company over which thelivestock is being transported.

[1:94:1903; RL 3585; NCL 6315] + [14:178:1919;1919 RL p. 3396; NCL 10582]

NRS 705.100 Animalsto be fed and watered when unloaded; duties of custodian or company; lien ofcompany. Animals so unloaded shall be properlyfed and watered during such rest by the owner or person having the custodythereof or, in case of his default in so doing, then by the railroad companytransporting the same, at the expense of the owner or person in custodythereof; and such company shall, in such case, have a lien upon such animalsfor food, care and custody furnished, and shall not be liable for any detentionof such animals.

[2:94:1903; RL 3586; NCL 6316]

NRS 705.110 Penalty. Any company, owner or custodian of such animals whoknowingly and willingly fails to comply with the provisions of NRS 705.090 and 705.100 shall be guilty of a misdemeanor.

[3:94:1903; RL 3587; NCL 6317](NRS A 1967, 657)

FENCES AND GUARDS FOR LIVESTOCK

NRS 705.120 Dutyof maintaining fences; liability for killing livestock.

1. Railroad corporations must make and maintain a goodand sufficient fence on both sides of their track and right-of-way. In casethey do not make and maintain such fence, if their engines or cars shall killor maim any cattle or other domestic animals upon their line of road, they mustpay to the owner of such cattle or other domestic animals a fair market pricefor the same, unless it occurred through the neglect or fault of the owner ofthe animal so killed or maimed.

2. Nothing in this section shall require any railroadcompany to fence its right-of-way through any town or city.

[1:195:1917; 1919 RL p. 2981; NCL 6341] +[2:195:1917; 1919 RL p. 2981; NCL 6342]

NRS 705.130 Dutyof constructing barriers or guards where public road crosses fenced-inright-of-way; liability for killing or injuring livestock.

1. Every person, lessee, receiver, firm, copartnershipor corporation owning, leasing or operating any railroad in, or through anypart of, the State of Nevada shall, wherever a public road or highway crossesthe fenced-in right-of-way of such railroad, construct such barriers, guards orother devices as will effectually prevent the entrance from such public road orhighway onto the right-of-way of cattle, horses, mules and burros. Suchbarriers, guards, or other devices shall not be placed across, or in any wiseobstruct, such public road or highway.

2. If any person, lessee, receiver, firm,copartnership or corporation owning, leasing or operating any railroad in, orthrough any part of, the State of Nevada shall fail to construct such barriers,guards or other devices specified in subsection 1, and any cattle, horses,mules or burros shall be killed, maimed or injured on any part of suchunprotected right-of-way, the person, lessee, receiver, firm, copartnership orcorporation so offending shall pay to the owner, or agent of the owner, of anysuch cattle, horses, mules or burros the full market value of such animals asit was before such injury occurred.

[1:211:1917; 1919 RL p. 2982; NCL 6343] +[2:211:1917; 1919 RL p. 2982; NCL 6344]

NRS 705.140 Penaltyfor allowing animal to stray on enclosed right-of-way.Every person who shall willfully and maliciously suffer any animal togo upon the enclosed right-of-way of any railway company, or leave open anygate or bars so that an animal might stray upon such right-of-way, shall beguilty of a misdemeanor.

[Part 1911 C&P 488; RL 6753; NCL 10435]

DAMAGES FOR LIVESTOCK KILLED BY RAILROADS

NRS 705.150 Liabilityfor negligent killing or injuring livestock; prima facie evidence of negligence. Every railroad corporation or company, operating anyrailroad or branch thereof within the limits of this state, which negligently injuresor kills any animal of the equine, bovine, ovine or porcine species, or thegoat kind, by running any engine or engines, car or cars, over or against anysuch animal shall be liable to the owner of such animal for the damagessustained by such owner by reason thereof, unless it be shown on the trial ofany action instituted for the recovery of such damages as provided in NRS 705.160 that the owner of such animalor animals immediately contributed to such killing or injury; provided:

1. That the mere straying of such animal or animalsupon or along the railroad track or tracks concerned shall not be held uponsuch trial to be any evidence of contributory negligence on the part of theowner of such animal or animals, nor shall the grazing of the same unattendedby a herder be so considered; and

2. That the killing or injury in such actions shall beprima facie evidence of negligence on the part of such railroad corporation orcompany.

[1:88:1923; NCL 6345]

NRS 705.160 Settlementof claim within 90 days; action for recovery; assignment of claim.

1. If any railway company or corporation, or owner oroperator of a railroad in this state, fails, within 90 days after receipt ofthe same, to effect settlement of claims received for damages arising from theinjury or killing of livestock upon its track or right-of-way by the running ofengines or cars over or against such animals in this state as provided in NRS 705.150 to 705.200, inclusive, then the owner of suchinjured or killed animals may sue and recover damages for such injury orkilling from any such railway company or corporation or the owner or operatorof such railroad in any court of competent jurisdiction in the county in whichsuch animal or animals was or were killed or injured, together with 7 percentinterest per annum on the value of the animal or animals so injured or killedas established in such action, from the date such animal or animals was or werekilled or injured until paid.

2. Any person having a claim arising under theprovisions of NRS 705.150 to 705.200, inclusive, may assign the same inwriting to any other claimant or person for value, or for the purpose of suit,who shall thereupon have all the rights and remedies of the assignor.

3. In case it becomes necessary on the part of theowner or owners to establish a claim for any animal or animals so killed orinjured in any such action, he shall have the right to establish the actual andmarket value of such animal or animals or the actual damage so sustained.

[2:88:1923; NCL 6346]

NRS 705.170 Fencedright-of-way to be equipped with passageways and gates; responsibility ofrailroad.

1. Every railroad corporation or company, in fencingits right-of-way, shall provide and maintain suitable passageways equipped withgates, except at watering holes, where openings with proper safeguards will bemaintained.

2. Responsibility for measures toward prevention ofunnecessary loss or injury to livestock upon railroad tracks or rights-of-waythrough construction and proper maintenance of suitable barriers, such asright-of-way fences and livestock guards or cattle guards at all openings orcrossings through the right-of-way or track fences, or at each end of opencuts, shall lie with the owners of such railroads.

[5:88:1923; NCL 6349]

NRS 705.180 Employeeto report killing or injuring of livestock. Everyconductor, engineer, section foreman, or other employee of any owner of arailroad in this state, who has personal knowledge of the injury or killing ofany livestock of any description by the running of any engine or engines, caror cars over or against any such livestock on the track or tracks orright-of-way of such railroad shall immediately report the same by notice inwriting to the general superintendent or division superintendent of therailroad by which he is employed, unless he has personal knowledge that suchnotice as herein provided for has already been given by some other employee ofsuch railroad.

[6:88:1923; NCL 6350]

NRS 705.190 Owneror operator of railroad to provide notice upon injuring or killing livestock;notice to be posted at stations and forwarded to State Department ofAgriculture; contents of notice.

1. Every owner or operator of a railroad in this statewho injures or kills any livestock of any description by running an engine orcar over or against the livestock shall:

(a) Within 5 days thereafter post for at least 30 days,at the first railroad station in each direction from the place of the injury orkilling, notices in writing in a conspicuous place on the outside of thestations; and

(b) Within 10 days after injuring or killing thelivestock, forward by registered or certified mail a duplicate of each noticeto the State Department of Agriculture.

2. The notice must:

(a) Contain the number and kind of the animals injuredor killed, with a full description of the animals, including brands and marksand sex.

(b) Give the time and place, as near as possible, ofthe injury or killing.

(c) Be dated and signed by an officer or agent of theowner or operator of the railroad concerned.

[8:88:1923; NCL 6352](NRS A 1969, 95; 1993, 1925; 1999, 3740)

NRS 705.200 Penalties.

1. Any person falsely making an affidavit of ownershipof any animal killed or injured under the terms of NRS 705.150 to 705.200, inclusive, is guilty of a grossmisdemeanor.

2. Every person described in NRS 705.180 who fails or neglects to complywith the provisions of NRS 705.180 isguilty of a misdemeanor.

3. Every corporation, company, receiver, associationor person who fails, neglects or refuses to comply with the provisions of NRS 705.190 is guilty of a misdemeanor.

4. Any person who attempts in any manner to concealthe evidence of the killing or injury of any animal or animals described in NRS 705.150 by any railroad train, engineor cars on any railroad in this state, or who in any way destroys or covers upthe evidence that may lead to the identification of any animal or animals sokilled or injured, is guilty of a misdemeanor.

[3:88:1923; NCL 6347] + [4:88:1923; NCL 6348] +[7:88:1923; NCL 6351] + [9:88:1923; NCL 6353] + [10:88:1923; NCL 6354](NRS A 1967, 658; 1979, 1494)

EMPLOYEES

NRS 705.210 Employeeshours of employment limited; penalties.

1. As used in this section:

(a) Employees means persons actually engaged in orconnected with the movement of any train.

(b) Railroad includes all bridges and ferries used oroperated in connection with any railroad, and also all the road in use by anycommon carrier operating a railroad, whether owned or operated under a contractagreement or lease.

2. The provisions of this section apply to any commoncarrier or carriers, their officers, agents and employees engaged in thetransportation of passengers or property by railroad in the State of Nevada.

3. It is unlawful for any common carrier, its officersor agents, subject to this section, to require or permit any employee subjectto this section to be or remain on duty for a longer period than 16 consecutivehours, and whenever any such employee of such common carrier has beencontinuously on duty for 16 hours he must be relieved and not required orpermitted again to go on duty until he has had at least 10 consecutive hoursoff duty. No such employee who has been on duty 16 hours in the aggregate inany 24-hour period must be required or permitted to continue or again go onduty without having had at least 8 consecutive hours off duty.

4. No employee who, by the use of the telegraph ortelephone or other electrical device, dispatches, reports, transmits, receivesor delivers orders or who from towers, offices, places and stations operatessignals or switches or similar mechanical devices controlling, pertaining to,or affecting the movement of trains of more than two cars must be required orpermitted to be or remain on duty in any 24-hour period for a longer periodthan 8 hours, which must be wholly within the limits of a continuous shift andupon the completion of that period the employee must not be required orpermitted again to go on duty until the expiration of 16 hours. This subsectiondoes not apply to employees who, in case of emergency, use the telephone toobtain orders or information governing the movement of trains. In case ofemergency, such employees may be permitted to be and remain on duty for 4additional hours in a 24-hour period of not exceeding 3 days in any week.

5. Any common carrier, or any officer or agent thereof,requiring or permitting any employee to go, be or remain on duty in violationof subsections 3 and 4 shall be punished by a fine of not more than $500.

6. In all prosecutions under this section the commoncarrier shall be deemed to have had knowledge of all acts of its officers andagents.

7. The provisions of this section do not apply:

(a) In any case of casualty or unavoidable accident orthe act of God.

(b) Where the delay was the result of a cause not knownto the carrier or its officers or agents in charge of such employee at the timethe employee left the terminal and which could not have been foreseen.

(c) To the crews of wrecking or relief trains.

(d) To railroads not maintaining a regular night trainschedule.

8. The Public Utilities Commission of Nevada shall:

(a) Execute and enforce the provisions of this section,and all powers granted by law to the Public Utilities Commission of Nevada arehereby extended to it in the execution of this section.

(b) Lodge with the proper district attorneysinformation of any violations of this section which may come to its knowledge.

[1:283:1913; 1919 RL p. 2979; NCL 6334] +[2:283:1913; 1919 RL p. 2979; NCL 6335] + [3:283:1913; 1919 RL p. 2980; NCL 6336] + [4:283:1913; 1919 RL p. 2980; NCL 6337](NRS A 1967, 658; 1997, 1921)

NRS 705.220 Railroadpolice: Appointment; responsibility for actions; wearing of badge.

1. The Governor may, upon the application of anyrailroad company, appoint and commission one or more persons, designated by thecompany, to serve as railroad policemen. The persons so appointed must serve atthe sole expense of the company. The company designating such persons isresponsible civilly for any abuse of their authority.

2. Every such policeman shall, when on duty, wear inplain view a star bearing the words Railroad Police, and the name of thecompany for which he is commissioned.

[1:163:1921; NCL 6327] + [2:163:1921; NCL 6328](NRS A 1973, 225; 1993, 2541)

NRS 705.230 Unlawfulcompulsion or requirement of purchase of uniform or apparel as condition ofcontinued employment; penalty.

1. It shall be unlawful for any railroad doingbusiness in the State of Nevada, or any officer, agent or servant of suchrailroad, to require any conductor, engineer, brakeman, fireman or any otheremployee, as a condition of his continued employment, or otherwise to requireor compel or attempt to require or compel any such employee to purchase of anysuch railroad, or of any particular person, firm or corporation, or at anyparticular place or places, any uniform or other clothing or apparel, requiredby any such railroad to be used by any such employee in the performance of hisduty. Any such railroad, or any officer, agent or servant thereof, who shallorder or require any conductor, engineer, brakeman, fireman, or any otherperson in its employ to purchase any uniform or other clothing or apparel asaforesaid shall be deemed to have required such purchase as a condition of suchemployees continued employment.

2. Any railroad doing business in the State of Nevada,or any officer, agent or servant thereof, violating any of the provisions ofthis section shall be guilty of a misdemeanor.

[Part 1:132:1913; 1919 RL p. 2983; NCL 6330] +[Part 2:132:1913; 1919 RL p. 2983; NCL 6331](NRS A 1967, 659)

NRS 705.240 Engineerrequired to be able to read timetables and ordinary handwriting; penalty.

1. It shall be unlawful for any person, as an officerof a corporation or otherwise, knowingly to employ an engineer or engine driverto run a locomotive or train on any railway if such engineer or engine drivercannot read timetables and ordinary handwriting.

2. It shall be unlawful for any person who cannot readtimetables and ordinary handwriting to act as an engineer or run a locomotiveor train on any railway.

3. Any person who violates any provision of thissection shall be guilty of a gross misdemeanor.

[1911 C&P 317; RL 6582; NCL 10265]

NRS 705.250 Intoxicationand other violations of duties; penalties.

1. Any person employed upon any railway as engineer,motorman, gripman, conductor, switch tender, fireman, bridge tender, flagman orsignalman, or having charge of stations, starting, regulating or running trainsupon a railway, who shall be intoxicated while engaged in the discharge of anysuch duties, shall be guilty of a gross misdemeanor.

2. Every engineer, motorman, gripman, conductor,brakeman, switch tender, train dispatcher or other officer, agent or servant ofany railway company, who shall be guilty of any willful violation or omissionof his duty as such officer, agent or servant, by which human life or safetyshall be endangered, for which no punishment is specially prescribed, shall beguilty of a misdemeanor.

[Part 1911 C&P 318; RL 6583; NCL 10266] +[1911 C&P 320; RL 6585; NCL 10268]

LIABILITY OF RAILROADS TO EMPLOYEES AND DEPENDENTS IN CASESOF PERSONAL INJURY OR WRONGFUL DEATH

NRS 705.260 Commoncarrier defined. As used in NRS 705.260 to 705.340, inclusive, common carrier shallinclude the receiver or receivers or other persons or corporations charged withthe duty of management and operation of the business of a common carrier.

[7:213:1937; 1931 NCL 6357.17]

NRS 705.270 Liabilityfor injury to or death of employee. Everycommon carrier by railroad in the State of Nevada shall be liable in damages toany person suffering injury while he is employed by such carrier in or aboutthe transporting or handling of any freight, property, passengers, engine,locomotive or other vehicle upon the tracks of such carrier, or, in case of thedeath of such employee, to his or her personal representative for the benefitof the surviving widow, or husband, children, parents or dependents of suchemployee, for such injury or death resulting in whole or in part from thenegligence of any of the officers, agents or employees of such employer, or byreason of any defect or insufficiency due to the employers negligence.

[1:213:1937; 1931 NCL 6357.11]

NRS 705.280 Contributorynegligence of employee not to bar recovery; diminution of damages by jury;violation by employer of safety statute. Inall actions brought after March 30, 1937, against any such common carrier underor by virtue of any of the provisions of NRS705.260 to 705.340, inclusive, torecover damages for personal injury to the employee, or where such injurieshave resulted in his death, the fact that the employee may have been guilty ofcontributory negligence shall not bar a recovery, but the damages shall bediminished by the jury in proportion to the amount of negligence attributableto such employee; but no such employee who may be injured or killed shall beheld to have been guilty of contributory negligence in any case where theviolation by such employer of any state or federal statute enacted for thesafety of employees contributed to the injury or death of such employee.

[2:213:1937; 1931 NCL 6357.12]

NRS 705.290 Riskof employment not assumed where injury or death results from negligence ofemployers officers or employees or defect in equipment. In any action brought against any common carrier under orby virtue of any of the provisions of NRS705.260 to 705.340, inclusive, torecover damages for injuries to, or the death of, any of its employees, suchemployee shall not be held to have assumed the risks of his employment in anycase where such injury or death resulted in whole or in part from thenegligence of any of the officers, agents or employees of such common carrier,or by reason of any defect or insufficiency, due to its negligence, in itscars, engines, appliances, machinery, track, roadbed, works, boats, wharves orother equipment.

[3:213:1937; 1931 NCL 6357.13]

NRS 705.300 Questionof causation for jurys determination. In anyaction brought against any such common carrier under or by virtue of any of theprovisions of NRS 705.260 to 705.340, inclusive, to recover damages forinjury to, or the death of, any of its employees, the question as to whetherthe negligence or violation of law claimed to have caused or contributed to theinjury or death of such employee did in substance cause or contribute to suchinjury or death, and the question as to whether such negligence or violation oflaw was the proximate cause of such injury or death, shall, in all cases, befor the determination of the jury.

[4:213:1937; 1931 NCL 6357.14]

NRS 705.310 Factof injury or death presumptive evidence of want of care by employer. In all actions brought after March 30, 1937, against anysuch common carrier under or by virtue of any of the provisions of NRS 705.260 to 705.340, inclusive, to recover damages forpersonal injury to the employee, or where such injuries have resulted in hisdeath, the fact of any such injury or death occurring to such employee andarising out of and in the course of his employment shall be presumptiveevidence of the want of reasonable skill and care on the part of such carrier,his or its agents, servants and employees in reference to such injury or death,unless and until rebutted.

[5:213:1937; 1931 NCL 6357.15]

NRS 705.320 Contractor regulation of employer exempting employer from liability void; setoff byemployer in action. Any contract, rule,regulation or stratagem whatsoever the purpose or intent of which shall be toenable any common carrier to exempt itself from any liability created by NRS 705.260 to 705.340, inclusive, shall to that extent bevoid; but in any action brought against any such common carrier under or byvirtue of any of the provisions of NRS705.260 to 705.340, inclusive, suchcarrier may set off therein any sum it has contributed or paid to anyinsurance, relief benefit or indemnity that may have been paid to the injuredemployee, or the person entitled thereto on account of the injury or death forwhich such action was brought.

[6:213:1937; 1931 NCL 6357.16]

NRS 705.330 Survivalof right of action. Any right of action givenby NRS 705.260 to 705.340, inclusive, to a person sufferinginjury shall survive to his or her personal representative, for the benefit ofthe surviving widow or husband and children of such employee, and, if none,then of such employees parents, and, if none, then of the next of kindependent upon such employee; but in such cases there shall be only onerecovery for the same injury.

[8:213:1937; 1931 NCL 6357.18]

NRS 705.340 Limitationof actions. No action shall be maintainedunder NRS 705.260 to 705.330, inclusive, unless commenced within2 years from the day the cause of action accrued.

[9:213:1937; 1931 NCL 6357.19]

LIABILITY OF RAILROADS TO PASSENGERS IN CASES OF PERSONALINJURY

NRS 705.350 Liabilityto passenger for personal injury; violation by passenger of printed regulationsor verbal instructions. In case any passengeron any railroad shall be injured on the platform of a car, or any baggage,wood, gravel or freight car, in violation of the printed regulations of thecompany, posted up at the time in a conspicuous place inside of its passengercars then in the train, or in violation of verbal instructions given by anyofficer of the train, such company shall not be liable for the injury if thecompany, at the time, furnished room inside of its passenger cars sufficientfor the accommodation of its passengers.

[9(e):177:1925; added 1945, 196; 1943 NCL 1608.05]

EQUIPMENT

NRS 705.360 Headlightson locomotive; penalty.

1. Every company, corporation lessee, manager orreceiver, owning or operating a railroad in this state, shall equip, maintain,use and display at night upon each locomotive being operated in road service inthis state an electric or other headlight of at least 1,500 candle power,measured without the aid of a reflector. Any electric headlight which will pickup and distinguish a man dressed in dark clothes upon a dark, clear night at adistance of 1,000 feet is deemed the equivalent of a 1,500 candle powerheadlight measured without the aid of a reflector.

2. This section does not apply to:

(a) Locomotive engines regularly used in switching carsor trains.

(b) Railroads not maintaining regular night trainschedules.

(c) Locomotives going to or returning from repair shopswhen ordered in for repairs.

3. Any railroad company, or the receiver or lesseethereof, which violates the provisions of this section is liable to the PublicUtilities Commission of Nevada for a penalty of not more than $1,000 for eachviolation.

[1:32:1913; A 1915, 148; 1919 RL p. 2978; NCL 6332]+ [3:32:1913; 1919 RL p. 2979; NCL 6333](NRS A 1967, 660; 1979, 200; 1981,1679; 1997, 1922)

NRS 705.370 Emergencyfirst-aid kits: Contents prescribed by Commission; reports when used ormissing; penalties.

1. Each railroad company or corporation or itsreceiver, owning or operating any railroad within this state, shall equip andmaintain in each of its passenger trains, cabooses, locomotives, motors ordiesel engines used in the propelling of trains or switching of cars anemergency first-aid kit whose contents must be those prescribed by the PublicUtilities Commission of Nevada. Each passenger train and each caboose must beequipped with at least one stretcher. All of the contents of the emergencyfirst-aid kits, except the stretchers, must be stored on each passenger train,caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterilecontainer and in an accessible place at all times, which places, including thestorage places of stretchers, must be plainly designated.

2. The employee of any railroad company or corporationor its receiver, having charge of any passenger train, caboose, locomotive,motor or diesel engine, shall as soon as possible report in writing to theoffice or officer designated by the company, corporation or receiver for thepurpose, whenever any of the emergency first-aid kit has been used or has beenfound missing. The emergency first-aid kit must only be used to render firstmedical or surgical aid to injured passengers, employees or other injuredpersons requiring first aid.

3. Any railroad company or corporation or itsreceiver, which refuses, neglects or fails to comply with the provisions ofthis section is liable for a penalty to the Public Utilities Commission ofNevada of $25 for each failure to equip a passenger train, caboose, locomotiveor motor or diesel engine with the emergency first-aid kit specified insubsection 1.

4. Any person who removes, carries away from itsproper place or uses any emergency first-aid kit provided in this section,except for the purpose of administering first aid in the event of injury to anypassenger, employee or other person shall be fined not more than $500.

[1:139:1949; 1943 NCL 6326.01] + [2:139:1949; 1943NCL 6326.02] + [3:139:1949; 1943 NCL 6326.03] + [4:139:1949; 1943 NCL 6326.04]+ [5:139:1949; 1943 NCL 6326.05](NRS A 1965, 544; 1967, 660; 1979, 200;1981, 1680; 1985, 318; 1997, 1922)

NRS 705.380 Windshieldmade of safety glass, electric head lamps, wiper and other equipment requiredon motor car used for transporting employees; penalty.

1. It shall be unlawful for any owner or operator of arailroad running through or within the boundaries of the State of Nevada andengaged in the business of common carrier to operate for or transport itsemployees in a motorcar which is not equipped with a transparent safety glasswindshield sufficient in width and height reasonably to protect such employees.Such car shall also be equipped with an electric head lamp of sufficient candlepower as to make any obstruction, landmark, warning sign or grade crossing onsuch railroad visible at a distance of 300 feet in advance of such car underordinary atmospheric conditions. Such car shall also be equipped with twoelectric lights on the rear end thereof with sufficient candle power as to bevisible at a distance of 300 feet under ordinary atmospheric conditions. Suchcar shall also be equipped with a suitable device that will remove rain, snowand sleet from the windshield while the car is moving, and the windshield shallbe so devised that the driver or operator of the car can start or stop thewindshield wiper while he is driving the car.

2. Any owner or operator of a railroad running throughor within this state as a common carrier of persons or property or both, forcompensation, who either operates for its employees, or who furnishes to itsemployees, for their transportation to or from the place or places where theyare required to labor, a rail track motorcar that has not been fully equippedas required by subsection 1 shall be fined not more than $500 for each offense.Each day or part of a day it operates or furnishes each of such rail trackmotorcars not so equipped as provided in subsection 1 to its employees foroperation to or from the place or places where they are required to work shallconstitute a separate offense.

[1:179:1953] + [2:179:1953](NRS A 1967, 661)

PROTECTION OF CERTAIN EMPLOYEES FROM DISCHARGE OR LOSS OFEMPLOYMENT

NRS 705.390 Protectionof flagman and trainman employed on certain dates from discharge or loss ofemployment. No person employed as a flagman onany railroad in this State on April 1, 1963, may be discharged or lose his employmentby reason of the provisions of chapter 176, Statutes of Nevada 1963. No personholding seniority as a trainman on any railroad in this State on July 1, 1985,may be discharged or lose his employment by reason of the provisions of chapter358, Statutes of Nevada 1985. But if a flagman or a trainman retires,terminates or voluntarily leaves his employment, the railroad company need notreplace the position so vacated.

[1:74:1913; 1919 RL p. 2976; NCL 6318] +[2:74:1913; 1919 RL p. 2977; NCL 6319] + [3:74:1913; 1919 RL p. 2977; NCL 6320](NRS A 1963, 281; 1985, 1014)

NRS 705.420 Penalty. Any railroad company or receiver of any railroad company,and any person engaged in the business of common carrier doing business in theState of Nevada, which violates any of the provisions of NRS 705.390 is liable to the PublicUtilities Commission of Nevada for a penalty of $500 for each violation.

[7:74:1913; 1919 RL p. 2977; NCL 6324](NRS A 1979,201; 1981, 1680; 1985, 1014; 1997, 1923)

STATE PLAN FOR SERVICE BY RAIL

NRS 705.421 Departmentof Transportation to develop state plan for service by rail. The Department of Transportation:

1. Shall develop, in conjunction with the PublicUtilities Commission of Nevada, a state plan for rail service; and

2. May carry out the plan, including projects to:

(a) Preserve rail lines;

(b) Rehabilitate rail lines to improve service; and

(c) Restore or improve freight service on rail lineswhich are potentially subject to abandonment.

(Added to NRS by 1979, 562; A 1987, 736; 1997, 1923)

NRS 705.423 Powerof Department of Transportation to accept money, enter into agreements and actas agent for county or city.

1. The Department of Transportation may:

(a) Apply for and accept federal, state, local andprivate money to develop the state plan for rail service and to carry it out;and

(b) Enter into compacts, contracts and agreements withother states or groups of states, the Federal Government, railroadcorporations, users of railroads or other persons if the Director of the Departmentof Transportation determines that the compacts, contracts and agreements areconsistent with the state plan for rail service and are necessary for thepreservation or restoration of rail freight service which is vital to theState,

but no statemoney may be expended to carry out the plan and no compact, contract oragreement may require the expenditure of state money unless previously authorizedby the Legislature.

2. The Department of Transportation may serve as agentfor any county or city upon the request of the governing body of the county orcity in applying for and accepting money from public and private sources forrailroad purposes and in carrying out any of the statutory powers of the countyor city with respect to railroads.

(Added to NRS by 1979, 562)

NRS 705.425 Stateprogram for preservation of lines of railroad on which service has beendiscontinued: Establishment; admission of lines to program; allowance for taxeson property admitted.

1. A state program for the physical preservation, inplace, of property of lines of railroad, while service on such lines isdiscontinued, is hereby established to provide an alternative to actualabandonment.

2. The Department of Transportation shall determinewhether a line of railroad is eligible for admission to the program. A railline may be admitted if:

(a) The Surface Transportation Board has approved theline for abandonment or discontinuance of service or the Department ofTransportation has determined that the line is potentially subject toabandonment;

(b) The owners, operators and users of the line, theDepartment of Transportation and all counties and cities affected have agreedto the admission of the line to the program; and

(c) The owners and operators of the line agree tosuspend service on the line for 5 years without removing or disposing of any ofthe trackage or other operating rail properties of the line, as an alternativeto abandonment, to permit consideration by interested parties of means ofpreventing the ultimate abandonment of the line.

3. At the end of 5 years the Department ofTransportation may grant an extension, admitting the line of railroad to theprogram for not more than 5 additional years, if, in the judgment of theDirector of the Department of Transportation:

(a) The line is still potentially subject toabandonment; and

(b) The extension will facilitate the restoration ofservice on the line.

4. The owner of a line of railroad which has beenadmitted to the program is entitled to an allowance for taxes on the trackageand other operating rail properties of the line admitted. The Department ofTransportation shall provide to the Department of Taxation all informationrequested by the Department of Taxation to carry out the system of allowancesfor taxes on the operating property of lines admitted to the program.

(Added to NRS by 1979, 562; A 1997, 1631)

NRS 705.427 Contractfor acquisition and operation of track and other property of lines of railroad. The Department of Transportation may contract for theacquisition, by lease or purchase, and operation of trackage and other railproperties of lines of railroad which:

1. The Surface Transportation Board has approved forabandonment or discontinuance of service; or

2. The Director of the Department of Transportationhas determined to be potentially subject to abandonment,

for thepurpose of maintaining existing freight service or providing for such servicein the future, but no such contract may require the expenditure of state moneyunless previously authorized by the Legislature.

(Added to NRS by 1979, 563; A 1997, 1632)

NRS 705.428 Contractfor construction, improvement or rehabilitation of track and other property oflines of railroad. The Department ofTransportation may contract for the construction, improvement or rehabilitationof the trackage and other rail properties of any rail line, but no suchcontract may require the expenditure of state money unless previouslyauthorized by the Legislature.

(Added to NRS by 1979, 563)

NRS 705.429 Regulations. The Department of Transportation shall adopt suchregulations as are necessary to carry out the provisions of NRS 705.421 to 705.429, inclusive.

(Added to NRS by 1979, 563)

SUPER SPEED GROUND TRANSPORTATION SYSTEM

NRS 705.4291 Legislativedeclaration. [Expires by limitation 1 year after the date on which the Governordeclares by public proclamation that the Super Speed Ground TransportationSystem connecting southern California with southern Nevada has been completed,or on the date all borrowing made pursuant to NRS705.42955 is retired, whichever is later.] TheLegislature finds and declares that:

1. Passage of NRS705.4291 to 705.4296, inclusive, isa declaration of legislative intent that the States of California and Nevadajointly consider and, if justified, pursue the development of a Super SpeedGround Transportation System connecting southern California with southernNevada.

2. The System will:

(a) Provide economic benefits to both southernCalifornia and southern Nevada.

(b) Reduce reliance on gasoline- and diesel-fueledengines and encourage the use of alternative energy sources.

(c) Reduce congestion on Interstate Highway No. 15between southern California and Las Vegas.

(d) Provide a working example for a transportationsystem that could play an essential role in the development of future commuterservice in the Los Angeles Basin and the Las Vegas Valley.

(e) Provide quick and convenient transportation servicefor residents and visitors in southern California and southern Nevada.

(Added to NRS by 1987, 1357; A 1991, 177; 2001, 560; 2003, 5, 6)

NRS 705.4292 Definitions.[Expires by limitation 1 year after the date on which the Governor declares bypublic proclamation that the Super Speed Ground Transportation Systemconnecting southern California with southern Nevada has been completed, or onthe date all borrowing made pursuant to NRS 705.42955 is retired, whichever islater.] As used in NRS 705.4291 to 705.4296, inclusive, unless the contextotherwise requires:

1. Commission means the California-Nevada SuperSpeed Ground Transportation Commission.

2. Southern California means the counties of LosAngeles, Orange, Riverside and San Bernardino.

3. Super Speed Ground Transportation System means asystem that:

(a) Is capable of sustained speeds of at least 240miles per hour;

(b) Uses magnetic levitation technology;

(c) Carries primarily passengers; and

(d) Operates on a grade-separated, dedicated guideway.

(Added to NRS by 1987, 1357; A 1991, 176, 177; 2001, 560; 2003, 5, 6, 1171)

NRS 705.4293 California-NevadaSuper Speed Ground Transportation Commission: Creation; membership; terms andreappointment of members; Chairman. [Expires by limitation 1 year after thedate on which the Governor declares by public proclamation that the Super SpeedGround Transportation System connecting southern California with southernNevada has been completed, or on the date all borrowing made pursuant to NRS705.42955 is retired, whichever is later.]

1. There is hereby created the California-Nevada SuperSpeed Ground Transportation Commission as a separate legal entity. Thegoverning body of the Commission consists of:

(a) The members from California appointed pursuant tothe law of California and the bylaws of the Commission.

(b) The same number of members from Nevada as are fromCalifornia, appointed by the Governor of Nevada.

2. The members from Nevada serve for terms of 4 yearsand may be reappointed at the pleasure of the Governor.

3. The Commission shall elect one of its members asChairman.

(Added to NRS by 1987, 1357; A 1991, 176, 177; 2001, 560; 2003, 5, 6, 1172)

NRS 705.42935 Designationof Commission as agency of State of Nevada for certain purposes. [Expires bylimitation 1 year after the date on which the Governor declares by publicproclamation that the Super Speed Ground Transportation System connecting southernCalifornia with southern Nevada has been completed, or on the date allborrowing made pursuant to NRS 705.42955 is retired, whichever islater.] The Commission is hereby designated asan agency of the State of Nevada for the purposes of carrying out theprovisions of NRS 705.4291 to 705.4296, inclusive.

(Added to NRS by 2003, 1171)

NRS 705.4294 Powerof Commission to take certain actions regarding Super Speed GroundTransportation System; requirements for approval of route and terminals.[Expires by limitation 1 year after the date on which the Governor declares bypublic proclamation that the Super Speed Ground Transportation Systemconnecting southern California with southern Nevada has been completed, or onthe date all borrowing made pursuant to NRS 705.42955 is retired, whichever islater.]

1. The Commission may:

(a) Subject to the provisions of subsection 2, secure aright-of-way and award a franchise for the construction and operation of aSuper Speed Ground Transportation System principally following the route ofInterstate Highway No. 15 between Las Vegas, Nevada, and a point in southernCalifornia.

(b) Acquire or gain control or use of land forrights-of-way, stations and ancillary uses through purchase, gift, lease, usepermit or easement.

(c) Conduct engineering and other studies related tothe selection and acquisition of rights-of-way and the selection of afranchisee, including, but not limited to, environmental impact studies,socioeconomic impact studies and financial feasibility studies. All local,state and federal environmental requirements must be met by the Commission.

(d) Evaluate alternative technologies, systems andoperators for a Super Speed Ground Transportation System, and select afranchisee to construct and operate the Super Speed Ground TransportationSystem between southern California and Las Vegas.

(e) Establish criteria for the award of the franchise.

(f) Accept grants, gifts, fees and allocations fromNevada or its political subdivisions, the Federal Government, foreigngovernments and any private source.

(g) Issue debt, but this debt does not constitute an obligationof the State of California or the State of Nevada, or any of their politicalsubdivisions.

(h) Hire an Executive Officer, other staff and anyconsultants deemed appropriate.

(i) Select the exact route and terminal sites.

(j) Obtain, or assist the selected franchisee inobtaining, all necessary permits and certificates from governmental entities inCalifornia and Nevada.

2. Before the:

(a) Commission or a franchisee begins construction inNevada; and

(b) Receipt of any final certificates and permitsnecessary for the construction or use of a public right-of-way,

the routeand terminals selected by the Commission must be approved by the appropriatelocal, regional and state governmental entities in Nevada which have jurisdictionover the route and terminals located in this state. As a condition of awardinga franchise, the Commission shall require the franchisee to comply with thissubsection.

3. Before the:

(a) Commission or a franchisee begins construction inCalifornia; and

(b) Receipt of any final certificates and permitsnecessary for the construction or use of a public right-of-way,

the routeand terminals selected by the Commission must be approved by the appropriatelocal, regional and state governmental entities in California which havejurisdiction over the route and terminals located in that state. As a conditionof awarding a franchise, the Commission shall require the franchisee to complywith this subsection.

(Added to NRS by 1987, 1358; A 1991, 177; 2001, 560; 2003, 5, 6, 1172)

NRS 705.4295 Powerof Commission to incorporate in Nevada or California; admissibility ofproceedings, records and acts of Commission; immunity from liability formembers, agents and employees of Commission. [Expires by limitation 1 yearafter the date on which the Governor declares by public proclamation that theSuper Speed Ground Transportation System connecting southern California withsouthern Nevada has been completed, or on the date all borrowing made pursuantto NRS705.42955 is retired, whichever is later.]

1. The Commission may incorporate under the generalincorporation laws of either this state or the State of California, whicheverthe Commission determines to be in its best interests. Copies of itsproceedings, records and acts, when authenticated, are admissible in evidencein all courts of either State and are prima facie evidence of the truth of allstatements therein.

2. The members of the Commission and its agents andemployees are not liable for any damages that result from any act or omissionin the performance of their duties or the exercise of their powers pursuant to NRS 705.4291 to 705.4296, inclusive.

(Added to NRS by 1987, 1358; A 1991, 177; 2001, 560; 2003, 5, 6)

NRS 705.42955 Powerof Commission to issue bonds, notes, obligations or other evidences ofborrowing; authorized sources of payment or security; financing agreements;refund of obligations; no authority to obligate certain governmental entitieswithout intergovernmental agreement; distribution of property upon dissolution;liens. [Expires by limitation 1 year after the date on which the Governordeclares by public proclamation that the Super Speed Ground TransportationSystem connecting southern California with southern Nevada has been completed,or on the date all borrowing made pursuant to NRS705.42955 is retired, whichever is later.]

1. The Commission, or a corporation formed by theCommission pursuant to the laws of this state or the State of California, asthe Commission deems appropriate, may issue bonds, notes, obligations or otherevidences of borrowing to finance all or a part of the construction of all or apart of the Super Speed Ground Transportation System. For purposes of issuingbonds, notes, obligations or other evidences of borrowing pursuant to thissection, the Commission and any corporation formed by the Commission are constitutedauthorities for the purposes of regulations enacted by the Internal RevenueService pursuant to 26 U.S.C. 103 and 141 to 150, inclusive.

2. Bonds, notes, obligations or other evidences ofborrowing issued by the Commission or any corporation formed by the Commissionwhich are issued to finance all or any part of the construction of all or apart of the Super Speed Ground Transportation System may be payable from andsecured by:

(a) A pledge of property of the Commission or acorporation formed by the Commission pursuant to this section;

(b) A pledge of any revenue of the Super Speed GroundTransportation System, including revenue from fares, revenue from advertisingand all other revenue of the System; and

(c) A pledge of any other money made available to theCommission or a corporation formed by the Commission pursuant to this sectionby:

(1) Grants from the Federal Government or anyother federal funds as may be available to pay costs of the Super Speed GroundTransportation System or debt service on any borrowing;

(2) Any company, public or private; or

(3) Any local government or governmental entityin this state or in the State of California pursuant to an intergovernmentalagreement or otherwise.

3. The Commission may enter into agreements with anyperson, local government or governmental entity for the provision of resourcesor assistance to the Commission or a corporation formed by the Commissionconcerning the financing of the Super Speed Ground Transportation System.

4. The Commission or any corporation formed by theCommission pursuant to this section may issue obligations to refund anyobligations issued pursuant to the provisions of this section and NRS 705.4291 to 705.4296, inclusive, for any purpose theCommission determines to be sufficient.

5. Nothing in this section authorizes the Commissionor any corporation formed by the Commission to obligate this state or the Stateof California or any political subdivision thereof unless such State orpolitical subdivision has obligated itself to the Commission or a corporationcreated by the Commission through an intergovernmental agreement.

6. Unless a specific statute of this state or theState of California requires otherwise, upon dissolution of the Commission, allproperty of the Commission must be distributed between this state and the Stateof California in an equitable manner as agreed upon by the States.

7. The creation, perfection, priority and enforcementof any lien on pledged revenue or other money established to secure any bond,note, obligation or other evidence of borrowing issued pursuant to thissection, must be as specified in this section and in the instruments approvedby the Commission pertaining to that bond, note, obligation or other evidenceof borrowing. It is the purpose of this section to provide expressly for thecreation, perfection, priority and enforcement of a security interest createdby the Commission in pledged revenues or other money in connection with bonds,notes, obligations or other evidences of borrowing issued pursuant to thissection, as provided for in paragraph (n) of subsection 4 of NRS 104.9109. Any lien on pledged revenueor other money created to secure any bond, note, obligation or other evidenceof borrowing issued pursuant to this section has priority over any lien thereoncreated pursuant to the provisions of chapter 104of NRS unless otherwise provided in the instrument creating the lien to securesuch bond, note, obligation or other evidence of borrowing issued pursuant tothe provisions of this section.

(Added to NRS by 2001, 558; A 2003, 5)

NRS 705.4296 Governorto issue proclamation when System completed. [Expires by limitation 1 yearafter the date on which the Governor declares by public proclamation that theSuper Speed Ground Transportation System connecting southern California withsouthern Nevada has been completed, or on the date all borrowing made pursuantto NRS705.42955 is retired, whichever is later.] TheGovernor shall declare, by public proclamation on the date of completion of theSuper Speed Ground Transportation System connecting southern California withSouthern Nevada, that the System has been completed.

(Added to NRS by 1991, 176; A 2003, 6)

MISCELLANEOUS PROVISIONS AND CRIMES

NRS 705.430 Penaltyfor unlawful failure to ring bell or sound whistle at crossing. Every engineer driving a locomotive on any railway whoshall fail to ring the bell or sound the whistle upon such locomotive, or causethe same to be rung or sounded, at least 80 rods from any place where suchrailway crosses a traveled road or street, where such road or street iscustomarily used by the public for the purpose of travel (except in citieswhere other regulations are required), or to continue the ringing of such bellor sounding of such whistle until such locomotive shall have crossed such roador street, shall be guilty of a misdemeanor.

[1911 C&P 319; RL 6584; NCL 10267]

NRS 705.440 Illegalrates and charges; penalty. Any individual,company or corporation operating any railroad in this state, and every agent ofsuch company or corporation who violates or attempts to violate, or suffers orpermits to be done any act, matter or thing in violation of any of theprovisions of any statute of this state, which prescribes or regulates thecharges which may be made and collected by any individual, company orcorporation operating any railroad in this state, for the transportation ofeither persons or property, and for which no other penalty is provided, shallupon conviction thereof be punished by a fine of $2,000.

[1911 C&P 472; RL 6737; NCL 10421](NRS A1959, 184)

NRS 705.450 Penaltyfor willful obstruction or delay of train. Everyperson who shall willfully obstruct, hinder or delay the passage of any carlawfully operated upon any railway shall be guilty of a misdemeanor.

[1911 C&P 321; RL 6586; NCL 10269]

NRS 705.460 Penaltyfor unlawful obstruction or destruction of track, equipment or devices. A person who willfully and maliciously places any obstructionon the track of any railroad in this State, or tears up or removes any part orportion of a railroad, or destroys, deranges, misplaces or injures any rail,switch, block or other signaling device, culvert, viaduct, bridge, car, tenderor engine, or willfully and maliciously does or attempts to do any of thosethings, or any other act or thing, whereby the life and limb of a person may beendangered, is guilty of a category C felony and shall be punished as providedin NRS 193.130.

[1911 C&P 483; RL 6748; NCL 10430](NRS A1979, 1495; 1995, 1321)

NRS 705.480 Tamperingwith railroad property; penalty.

1. It is unlawful for any person without authority to:

(a) Willfully uncouple or detach any locomotive, tenderor any car of any railroad train, either when standing or in motion on anytrack of any railroad.

(b) Take off the brake of any railroad car, tender ortrain.

(c) Put in motion any locomotive, tender, car or train.

2. It is unlawful for any person to:

(a) Throw any stone, rock, missile, or any substance atany railroad train, car, locomotive or tender, or any part of any train.

(b) Wrongfully injure, deface or damage the same or anypart thereof.

3. Any person violating any provision of this sectionis guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value ofthe property damaged, and in no event less than a misdemeanor.

[Part 1911 C&P 484; A 1941, 276; 1931 NCL 10431](NRS A 1967, 662; 1979, 158)

MONORAILS

NRS 705.610 Definitions. As used in NRS 705.610to 705.700, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 705.650, 705.660 and 705.665 have the meanings ascribed to themin those sections.

(Added to NRS by 1997, 2444)

NRS 705.650 Monoraildefined. Monorail means a system totransport passengers that is installed and operated on an exclusive fixedguideway. The term:

1. Includes associated passenger stations, powerpropulsion systems, lots for parking motor vehicles, workshops and other landand structures.

2. Does not include a system to transport passengersbetween two end points with no intermediate stops.

(Added to NRS by 1997, 2444)

NRS 705.660 Operatordefined. Operator means a person who operatesa monorail.

(Added to NRS by 1997, 2444)

NRS 705.665 Ownerdefined. Owner means a person who has the financialand technical capability to install and operate a monorail and who has appliedfor a franchise or other agreement to do so.

(Added to NRS by 1997, 2444)

NRS 705.680 Installationand operation authorized in county whose population is 400,000 or more;authority of owner or operator. A person mayinstall and operate a monorail, and perform any work or borrow moneypreparatory or incident thereto, in a county whose population is 400,000 ormore. The owner or operator may:

1. Establish the frequency of service and schedules ofoperation;

2. Establish the fares to be charged; and

3. Charge and collect fares from passengers.

(Added to NRS by 1997, 2444)

NRS 705.690 Installationand operation of monorail is not public work; monorail is not public utilitywithin meaning of chapter704 of NRS; Department of Transportation, county and city authorizedto assist in installation, operation and financing.

1. The work of or incident to the installation andoperation of a monorail is not a public work within the meaning of chapter 338 of NRS.

2. A monorail is not a public utility within themeaning of chapter 704 of NRS.

3. The Department of Transportation, the county inwhich a monorail is located or proposed to be located and a city within thatcounty may exercise a power it holds related to transportation to facilitatethe installation and operation of a monorail, and may contribute to or assist inthe financing of the monorail.

(Added to NRS by 1997, 2444)

NRS 705.695 Countyor city authorized to grant franchise or enter into agreement for installationand operation; franchise or agreement with county or city required beforebeginning construction; franchise or agreement dispenses with permit otherwiserequired by county or city.

1. A county whose population is 400,000 or more, and acity within such a county, may adopt an ordinance, in accordance with theprovisions of NRS 705.700, to grantfranchises for the installation and operation of monorails within the unincorporatedarea of the county and incorporated area of the city, respectively.

2. Before beginning construction of a monorail in acity or in the unincorporated area of a county that has adopted a franchisingordinance, the owner shall apply for a franchise. If the city or county has nosuch ordinance, the owner may enter into an agreement with the city or countythat complies with the provisions of NRS705.700. Before the city or county may enter into such an agreement, itmust provide notice and a public hearing regarding the proposed agreement inthe same manner as for an ordinance proposed to be adopted by the city orcounty under circumstances other than in an emergency.

3. The granting of a franchise or making of anagreement under subsection 2 dispenses with any permit otherwise required bythe city or county. The city or county may, at the request of the owner,designate an officer or agency to cooperate with the owner to facilitate theinstallation and operation of the monorail.

(Added to NRS by 1997, 2444)

NRS 705.700 Requirementsfor agreement or ordinance granting franchise for installation and operation. An ordinance or agreement authorized pursuant to NRS 705.695:

1. Must provide standards for construction and mayincorporate existing uniform codes.

2. May include requirements for licensing and zoning,and any other restrictions upon the construction and operation of a monorail.

3. Must include provisions:

(a) Addressing the compatibility of a proposed monorailfor connection with a system of transportation operated on a public fixedguideway.

(b) Requiring the owner or operator and any privateentity that desires to connect its system of transportation with a monorail tocooperate in such a manner as to provide for the compatibility of passengerstations for such a connection pursuant to terms and conditions that:

(1) Address the effect of that compatibility onthe plans of the owner for his capital investment and provide for a reasonableand equitable allocation of that investment;

(2) Provide for a reasonable and equitableallocation of the costs to operate and maintain the monorail; and

(3) Mitigate any other effects on the owner oroperator resulting from the provision of that compatibility.

(Added to NRS by 1997, 2445)

 

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