There is a newer version of the South Carolina Code of Laws
2013 South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
CHAPTER 17 - THE GENERAL RAILROAD LAW
ARTICLE 1. GENERAL PROVISIONS- SECTION 58-17-10. Definitions.
- SECTION 58-17-20. Definitions applicable to all laws.
- SECTION 58-17-30. Persons to whom chapter shall apply.
- SECTION 58-17-40. Property to which chapter shall apply.
- SECTION 58-17-50. Chapter applicable to trustees, receivers and the like.
- SECTION 58-17-60. Effect of stock ownership, leases and contracts on application of chapter.
- SECTION 58-17-70. Chapter amends charters granted since December 17, 1841.
- SECTION 58-17-80. Benefit of process or proceedings; restrictions.
- SECTION 58-17-90. General powers and duties of railroad companies.
- SECTION 58-17-100. Contracts or combinations in violation of chapter shall be void.
- SECTION 58-17-110. Mandamus to require compliance with law.
- SECTION 58-17-120. Rules of evidence shall be same as in civil cases.
- SECTION 58-17-130. Disposition of fines.
- SECTION 58-17-140. Annual report of Commission with respect to railroads.
- SECTION 58-17-150. Notification of needed repairs or improvements; legal action to enforce.
- SECTION 58-17-160. Railroads shall not remove from towns of more than 500.
- SECTION 58-17-170. General supervision of railroads; enforcement of chapter.
- SECTION 58-17-180. Notification to railroad of violation of charter or law; suit for mandamus or to restrain continued violations.
- SECTION 58-17-190. Investigation of petitions of local governments; notice.
- SECTION 58-17-200. Notice of railroad to remove cause of petition; report to General Assembly; institution of legal proceedings.
- SECTION 58-17-310. Purchaser of railroad shall reorganize and commence operation within sixty days; exceptions.
- SECTION 58-17-320. Penalties for failure to reorganize.
- SECTION 58-17-330. Reorganization provisions not applicable to certain sidetracks or spur tracks.
- SECTION 58-17-340. Formation of corporation following purchase of railroad by virtue of mortgage or deed of trust by filing certificate.
- SECTION 58-17-350. Maximum amount of capital stock which may be named in certificate; increase thereof.
- SECTION 58-17-360. Persons signing certificate shall be body corporate; powers.
- SECTION 58-17-370. Powers, rights and the like of corporation organized under article.
- SECTION 58-17-380. Adoption of bylaws, rules and regulations by corporation.
- SECTION 58-17-390. Amount of capital stock corporation may issue.
- SECTION 58-17-400. Issuance and sale of bonds; execution of mortgage or deed of trust to secure payment of bonds.
- SECTION 58-17-410. Sinking fund.
- SECTION 58-17-420. Charter subject to amendment, alteration or repeal by State.
- SECTION 58-17-430. Certificate as evidence of incorporation.
- SECTION 58-17-610. Merger or consolidation with continuous or connected railroad authorized.
- SECTION 58-17-620. Procedure for consolidation.
- SECTION 58-17-630. Consolidation fees.
- SECTION 58-17-640. New charter shall be issued to consolidated company; no additional fee shall be charged.
- SECTION 58-17-650. Procedure for assessment of damages of dissenting stockholder.
- SECTION 58-17-660. Rights, duties and the like of consolidated corporation.
- SECTION 58-17-670. Transfer of rights, liabilities and the like to consolidated corporation.
- SECTION 58-17-680. Consolidated corporation shall not acquire greater rights than those of consolidating corporations.
- SECTION 58-17-690. Consolidated corporation shall establish offices.
- SECTION 58-17-700. Liability of consolidated corporation to suits.
- SECTION 58-17-710. Property of consolidated corporation subject to taxation.
- SECTION 58-17-720. Consolidations and the like of competing railroads prohibited.
- SECTION 58-17-730. Certain consolidations with companies of other states not authorized.
- SECTION 58-17-740. Purchase of connecting railroad sold under mortgage, deed of trust or judicial process.
- SECTION 58-17-750. Purchase or guarantee of bonds and stock of other companies; purchase, use or lease of other roads.
- SECTION 58-17-760. Ownership of stock or bonds of connecting railroad or steamboat company.
- SECTION 58-17-770. Ownership of stock or company controlling stock of competing railroad prohibited; dissolution.
- SECTION 58-17-780. Penalty for owning, leasing or operating competing lines.
- SECTION 58-17-910. Stock subscriptions.
- SECTION 58-17-920. Time within which proxy must be executed.
- SECTION 58-17-930. Access to lists of stockholders.
- SECTION 58-17-940. Application for examination of books.
- SECTION 58-17-950. Liability of stockholders of certain corporations.
- SECTION 58-17-1110. Powers and authority conferred by chapter additional.
- SECTION 58-17-1120. General corporate powers.
- SECTION 58-17-1130. Execution of mortgages; issuance of bonds.
- SECTION 58-17-1140. Certain mortgages shall secure certain previous bonds and other debts.
- SECTION 58-17-1150. Acquisition of land and rights of way.
- SECTION 58-17-1160. Acquisition of rights of way around tracks.
- SECTION 58-17-1170. Crossing or connecting with other railroads; purchase, sale, lease or consolidation of property and franchises.
- SECTION 58-17-1180. Extension of lines and construction and extension of branches; rights and restrictions in acquiring rights of way.
- SECTION 58-17-1190. Relocation of lines and other changes in tracks and facilities.
- SECTION 58-17-1200. Acquisition of real estate for relocation of lines and other changes in tracks and facilities.
- SECTION 58-17-1210. Operation of sections of road completed or acquired.
- SECTION 58-17-1310. Commission shall regulate crossings and culverts.
- SECTION 58-17-1320. Consent of Office of Regulatory Staff to one railroad crossing another at same grade.
- SECTION 58-17-1330. Railroad shall not obstruct highways at crossings.
- SECTION 58-17-1340. Altering course of highway.
- SECTION 58-17-1350. Crossing on level shall be protected.
- SECTION 58-17-1360. County may authorize highway or town way to cross railroad.
- SECTION 58-17-1370. Stock guards or cattle gaps shall be constructed.
- SECTION 58-17-1380. Trains shall stop at crossings of railroad lines; exceptions.
- SECTION 58-17-1390. Signs shall be maintained at crossings with public roads.
- SECTION 58-17-1400. Repealed by 1988 Act No. 319, Section 2, eff upon approval of the Governor (approved February 24, 1988).
- SECTION 58-17-1410. Commission may require flagman to be stationed at important crossings.
- SECTION 58-17-1420. Appeal from Commission order requiring flagman; appointment of civil engineer to decide matter.
- SECTION 58-17-1430. Railroad shall comply with orders as to crossings or flagmen.
- SECTION 58-17-1440. Penalty and damages for injury at crossing not having required signals.
- SECTION 58-17-1450. Railroad crossing safety requirements.
- SECTION 58-17-1460 to 58-17-1500. Repealed by 1988 Act No. 319, Section 2, eff upon approval of the Governor (approved February 24, 1988).
- SECTION 58-17-1610. Filing of annual schedule and report.
- SECTION 58-17-1620. Manner and form of reports; amendment of defective reports; preservation of reports.
- SECTION 58-17-1630. List of names and residences of president and directors shall be filed.
- SECTION 58-17-1640. Information to be furnished Office of Regulatory Staff on request.
- SECTION 58-17-1650. Interrogatories.
- SECTION 58-17-1660. Investigations and examinations of books and places of business; rules and regulations.
- SECTION 58-17-1670. Examination of agents and employees.
- SECTION 58-17-1680. Issuance of subpoenas; fees; issuance of attachment to compel attendance; contempt for refusal to obey court order.
- SECTION 58-17-1690. Penalty for failing to furnish reports or obstructing commission.
- SECTION 58-17-1810. Extent of rate-making power.
- SECTION 58-17-1820. Rates to which chapter not applicable.
- SECTION 58-17-1830. Power of Commission over rates and routes.
- SECTION 58-17-1840. Notice before establishment of joint rates; hearing.
- SECTION 58-17-1850. Prescribing schedule of rates; schedules as evidence.
- SECTION 58-17-1860. Copies of schedules shall be posted.
- SECTION 58-17-1870. Annual publications of freight rates on watermelons and cantaloupes.
- SECTION 58-17-1880. Revision of schedules.
- SECTION 58-17-1890. Printed schedules shall be prima facie evidence.
- SECTION 58-17-1900. Supervision of contracts concerning rates and division of earnings.
- SECTION 58-17-1910. Procedure when contracts concerning rates violate chapter.
- SECTION 58-17-1920. Use of mileage books.
- SECTION 58-17-1930. Sale of interchangeable mileage shall be continued; family use.
- SECTION 58-17-1940. Surcharge for intrastate Pullman transportation shall be unlawful.
- SECTION 58-17-1950. Charge of unreasonable rates shall constitute extortion.
- SECTION 58-17-1960. Unjust discrimination in rates unlawful.
- SECTION 58-17-1970. Allowing or receiving rebate or other advantage shall be unlawful.
- SECTION 58-17-1980. Charges to be in proportion to distance traveled and freight handled.
- SECTION 58-17-1990. Discriminating rates shall be prima facie evidence of unjust discrimination.
- SECTION 58-17-2000. Charging greater compensation for certain services for shorter distance than for longer distance shall be unlawful; exceptions.
- SECTION 58-17-2010. Exceptions as to uniformity in freight charges.
- SECTION 58-17-2020. Commission shall fix storage charges on freight.
- SECTION 58-17-2030. Procedure for fixing or changing storage rates and charges.
- SECTION 58-17-2040. Discrimination and excessive charges for storage prohibited.
- SECTION 58-17-2050. Suit to recover for discrimination or excessive charges for storage.
- SECTION 58-17-2060. Promulgation of reciprocal demurrage rules.
- SECTION 58-17-2070. Consignee entitled to itemized statement of charges; correction of errors.
- SECTION 58-17-2080. Consignee may require settlement according to contract.
- SECTION 58-17-2090. Suit to recover charges in excess of legal rate.
- SECTION 58-17-2100. Classification of cotton as "heavy goods"; weights.
- SECTION 58-17-2210. Issuance and contents of duplicate freight receipts; delivery of goods on presentation of receipt.
- SECTION 58-17-2220. Merchandise must be promptly forwarded according to directions.
- SECTION 58-17-2310.
- SECTION 58-17-2320. Forfeiture of freight for failure to reweigh.
- SECTION 58-17-2330. No demurrage or similar charge shall be made after demand for reweighing.
- SECTION 58-17-2340. Common carriers shall maintain scales under certain conditions.
- SECTION 58-17-2350. Jurisdiction over railroad track and platform scales; penalties.
- SECTION 58-17-2510. Prompt loading and unloading of livestock required.
- SECTION 58-17-2520. Information required to be furnished owners or shippers of livestock.
- SECTION 58-17-2610. Connecting railroads shall operate as one for rate purposes when operated by same company.
- SECTION 58-17-2620. Railroads authorized to join tracks; expenses.
- SECTION 58-17-2630. Condemnation when connecting switches are refused.
- SECTION 58-17-2640. Facilities for interchange of traffic shall be furnished.
- SECTION 58-17-2650. Lines of two or more railroads which pass through city or town shall be connected; expenses.
- SECTION 58-17-2660. Rights of way for connecting tracks in cities and towns; condemnation if track crosses private property.
- SECTION 58-17-2670. Railroad building new line into city or town shall connect and pay part of cost of original connecting track.
- SECTION 58-17-2680. Connecting line may cross other tracks.
- SECTION 58-17-2690. No discrimination between connections at same point.
- SECTION 58-17-2700. Cars shall be transferred to connected track on demand; fees.
- SECTION 58-17-2710. Each connected railroad shall furnish facilities for receiving and forwarding traffic of another without delay, preference or prejudice.
- SECTION 58-17-2720. Railroads shall receive and deliver cars to and from connecting lines at uniform rates and with uniform service.
- SECTION 58-17-2730. Railroad shall issue or recognize through bills of lading between competitive points.
- SECTION 58-17-2740. Shipper may designate routes; changing of route shall be unlawful.
- SECTION 58-17-2750. Civil penalty on railroad for violation of certain statutory provisions.
- SECTION 58-17-2760. Criminal penalty on individuals for violation of certain statutory provisions.
- SECTION 58-17-2770. Discrimination in deliveries prohibited.
- SECTION 58-17-2780. Discrimination by refusing to receive freight or to issue bills of lading prohibited.
- SECTION 58-17-2790. Discrimination in rates of freight as to other railroads prohibited.
- SECTION 58-17-2800. "Railroad company chartered by this State" defined.
- SECTION 58-17-2810. Railroads shall deliver cars from other roads on equal terms; damages; effect of rebates or fraud.
- SECTION 58-17-2820. Refusal to pay freight to connecting carrier shall be unlawful.
- SECTION 58-17-3010. Passenger trains shall stop at stations advertised as stops.
- SECTION 58-17-3020. Passenger trains shall stop at county seats.
- SECTION 58-17-3030. Connections with intersecting railroads; passenger train requirement.
- SECTION 58-17-3040. Posting bulletins as to late trains.
- SECTION 58-17-3050. Publishing change of timetable.
- SECTION 58-17-3060. Discontinuing passenger train or changing it to mixed train without approval of Commission shall be unlawful.
- SECTION 58-17-3070. Accommodations for passengers.
- SECTION 58-17-3080. Waiting rooms for passengers.
- SECTION 58-17-3090. Requiring erection of depots.
- SECTION 58-17-3100. Separate water closets shall be maintained at stations.
- SECTION 58-17-3110. Railroads not required to have second-class coaches.
- SECTION 58-17-3120. Installation of cinder deflectors or wire screens; enforcement of requirement.
- SECTION 58-17-3130. Exemptions from requirements of cinder deflectors.
- SECTION 58-17-3140. Use of baggage checks.
- SECTION 58-17-3310. Certification of compliance of railroad or branch extension.
- SECTION 58-17-3320. Safety devices shall be installed and used on direction of Commission.
- SECTION 58-17-3330. Penalty for failure to obey orders of Commission regarding safety devices.
- SECTION 58-17-3340. Brakes and brakemen.
- SECTION 58-17-3350. Tools and appliances.
- SECTION 58-17-3360. Electric hand lanterns.
- SECTION 58-17-3370. Formation of passenger trains.
- SECTION 58-17-3380. Warning boards shall be maintained near drawbridges and grade crossings.
- SECTION 58-17-3390. Penalty for failure to erect or replace warning boards.
- SECTION 58-17-3400. Removal of hand or lever cars from track and leaving it near crossing shall be unlawful.
- SECTION 58-17-3410. Shelter for employees in railroad shops or yards.
- SECTION 58-17-3420. Construction and maintenance of bridges.
- SECTION 58-17-3430. Railroads shall keep grade at stations level with track.
- SECTION 58-17-3440. Notice of accidents.
- SECTION 58-17-3450. Investigation of causes of accidents.
- SECTION 58-17-3460. Transportation to accident site.
- SECTION 58-17-3610. Police powers of conductors and station agents.
- SECTION 58-17-3620. Ejection of disorderly passenger from train.
- SECTION 58-17-3630. Badges shall be worn by employees.
- SECTION 58-17-3710. "Common carrier" defined.
- SECTION 58-17-3720. Liability of railroads for negligence resulting in injuries to or death of employees; amount and disposition of damages in case of death of employee.
- SECTION 58-17-3730. Effect of contributory negligence.
- SECTION 58-17-3740. Assumption of risk.
- SECTION 58-17-3750. Any exemption from liability under article shall be void.
- SECTION 58-17-3760. Survival of right of action.
- SECTION 58-17-3770. Limitation of actions.
- SECTION 58-17-3780. Setoffs.
- SECTION 58-17-3790. Punitive damages.
- SECTION 58-17-3800. Article shall be cumulative.
- SECTION 58-17-3910. Liability to landowners for damages for wrongful obstruction of watercourses.
- SECTION 58-17-3920. Liability for damage caused by fire.
- SECTION 58-17-3930. Penalty for failure to obey orders of Commission.
- SECTION 58-17-3940. Penalty for failure to pay recompense for violation of rule or regulation of Commission; action for recovery.
- SECTION 58-17-3950. Actions for injuries to persons through violation of rules or regulations of Commission.
- SECTION 58-17-3960. Suits under foregoing section shall be brought within twelve months.
- SECTION 58-17-3970. Acts declared unlawful shall be prohibited.
- SECTION 58-17-3980. Damages and penalty for unlawful acts where no specific penalty provided for.
- SECTION 58-17-3990. Action under foregoing section shall be subject of equity jurisdiction.
- SECTION 58-17-4000. Limitation of action.
- SECTION 58-17-4010. Testimony may be compelled; immunity from prosecution; production of books and papers.
- SECTION 58-17-4020. Penalty for violation of chapter by individuals.
- SECTION 58-17-4030. Penalty for injury due to negligence or carelessness.
- SECTION 58-17-4040. Penalty for gross carelessness or negligence.
- SECTION 58-17-4050. Penalty for injury due to wilful violation.
- SECTION 58-17-4060. Common carriers shall not interfere with contracts of shipment.
- SECTION 58-17-4070. Liability of common carriers interfering with contracts of shipment.
- SECTION 58-17-4080. Penalty and damages for obstruction of highway by railroad car, locomotive or other object.
- SECTION 58-17-4090. Penalty for obstruction of railroad.
- SECTION 58-17-4095. Parking or operating vehicle on railroad right-of-way prohibited; exceptions; penalty.
- SECTION 58-17-4096. Trespassing upon railroad tracks.
- SECTION 58-17-4100. Penalty for shooting or throwing at trains.
- SECTION 58-17-4110. Penalty for loitering in or about station houses.
- SECTION 58-17-4120. Certain persons shall be deemed agents of railroad corporation.
- SECTION 58-17-4130. Liabilities of corporation operating road of another and of trustees and receivers.
- SECTION 58-17-4140. Collection of fines and penalties.
- SECTION 58-17-4150. Persons against whom judgments shall be rendered.
- SECTION 58-17-4160. Procedure for attachment of cars and engines which are in use.
- SECTION 58-17-4170. Forfeiture of charter for repeated violations of law.
- SECTION 58-17-4180. Request or advice of Commission shall not impair legal duties of railroad.
- SECTION 58-17-4190. Chapter shall not affect rights of persons injured to action for private damages.
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