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South Carolina Code > Title 58 > Chapter 17 - The General Railroad Law

South Carolina Code > Title 58 > Chapter 17 - The General Railroad Law


Current as of: 2009
§ 58-17-10Definitions
§ 58-17-20Definitions applicable to all laws
§ 58-17-30Persons to whom chapter shall apply
§ 58-17-40Property to which chapter shall apply
§ 58-17-50Chapter applicable to trustees, receivers and the like
§ 58-17-60Effect of stock ownership, leases and contracts on application of chapter
§ 58-17-70Chapter amends charters granted since December 17, 1841
§ 58-17-80Benefit of process or proceedings; restrictions
§ 58-17-90General powers and duties of railroad companies
§ 58-17-100Contracts or combinations in violation of chapter shall be void
§ 58-17-110Mandamus to require compliance with law
§ 58-17-120Rules of evidence shall be same as in civil cases
§ 58-17-130Disposition of fines
§ 58-17-140Annual report of Commission with respect to railroads
§ 58-17-150Notification of needed repairs or improvements; legal action to enforce
§ 58-17-160Railroads shall not remove from towns of more than 500
§ 58-17-170General supervision of railroads; enforcement of chapter
§ 58-17-180Notification to railroad of violation of charter or law; suit for mandamus or to restrain continued violations
§ 58-17-190Investigation of petitions of local governments; notice
§ 58-17-200Notice of railroad to remove cause of petition; report to General Assembly; institution of legal proceedings
§ 58-17-310Purchaser of railroad shall reorganize and commence operation within sixty days; exceptions
§ 58-17-320Penalties for failure to reorganize
§ 58-17-330Reorganization provisions not applicable to certain sidetracks or spur tracks
§ 58-17-340Formation of corporation following purchase of railroad by virtue of mortgage or deed of trust by filing certificate
§ 58-17-350Maximum amount of capital stock which may be named in certificate; increase thereof
§ 58-17-360Persons signing certificate shall be body corporate; powers
§ 58-17-370Powers, rights and the like of corporation organized under article
§ 58-17-380Adoption of bylaws, rules and regulations by corporation
§ 58-17-390Amount of capital stock corporation may issue
§ 58-17-400Issuance and sale of bonds; execution of mortgage or deed of trust to secure payment of bonds
§ 58-17-410Sinking fund
§ 58-17-420Charter subject to amendment, alteration or repeal by State
§ 58-17-430Certificate as evidence of incorporation
§ 58-17-610Merger or consolidation with continuous or connected railroad authorized
§ 58-17-620Procedure for consolidation
§ 58-17-630Consolidation fees
§ 58-17-640New charter shall be issued to consolidated company; no additional fee shall be charged
§ 58-17-650Procedure for assessment of damages of dissenting stockholder
§ 58-17-660Rights, duties and the like of consolidated corporation
§ 58-17-670Transfer of rights, liabilities and the like to consolidated corporation
§ 58-17-680Consolidated corporation shall not acquire greater rights than those of consolidating corporations
§ 58-17-690Consolidated corporation shall establish offices
§ 58-17-700Liability of consolidated corporation to suits
§ 58-17-710Property of consolidated corporation subject to taxation
§ 58-17-720Consolidations and the like of competing railroads prohibited
§ 58-17-730Certain consolidations with companies of other states not authorized
§ 58-17-740Purchase of connecting railroad sold under mortgage, deed of trust or judicial process
§ 58-17-750Purchase or guarantee of bonds and stock of other companies; purchase, use or lease of other roads
§ 58-17-760Ownership of stock or bonds of connecting railroad or steamboat company
§ 58-17-770Ownership of stock or company controlling stock of competing railroad prohibited; dissolution
§ 58-17-780Penalty for owning, leasing or operating competing lines
§ 58-17-910Stock subscriptions
§ 58-17-920Time within which proxy must be executed
§ 58-17-930Access to lists of stockholders
§ 58-17-940Application for examination of books
§ 58-17-950Liability of stockholders of certain corporations
§ 58-17-1110Powers and authority conferred by chapter additional
§ 58-17-1120General corporate powers
§ 58-17-1130Execution of mortgages; issuance of bonds
§ 58-17-1140Certain mortgages shall secure certain previous bonds and other debts
§ 58-17-1150Acquisition of land and rights of way
§ 58-17-1160Acquisition of rights of way around tracks
§ 58-17-1170Crossing or connecting with other railroads; purchase, sale, lease or consolidation of property and franchises
§ 58-17-1180Extension of lines and construction and extension of branches; rights and restrictions in acquiring rights of way
§ 58-17-1190Relocation of lines and other changes in tracks and facilities
§ 58-17-1200Acquisition of real estate for relocation of lines and other changes in tracks and facilities
§ 58-17-1210Operation of sections of road completed or acquired
§ 58-17-1310Commission shall regulate crossings and culverts
§ 58-17-1320Consent of Office of Regulatory Staff to one railroad crossing another at same grade
§ 58-17-1330Railroad shall not obstruct highways at crossings
§ 58-17-1340Altering course of highway
§ 58-17-1350Crossing on level shall be protected
§ 58-17-1360County may authorize highway or town way to cross railroad
§ 58-17-1370Stock guards or cattle gaps shall be constructed
§ 58-17-1380Trains shall stop at crossings of railroad lines; exceptions
§ 58-17-1390Signs shall be maintained at crossings with public roads
§ 58-17-1400Repealed by 1988 Act No. 319, Section 2, eff upon approval of the Governor (approved February 24, 1988)
§ 58-17-1410Commission may require flagman to be stationed at important crossings
§ 58-17-1420Appeal from Commission order requiring flagman; appointment of civil engineer to decide matter
§ 58-17-1430Railroad shall comply with orders as to crossings or flagmen
§ 58-17-1440Penalty and damages for injury at crossing not having required signals
§ 58-17-1450Railroad crossing safety requirements
§ 58-17-1610Filing of annual schedule and report
§ 58-17-1620Manner and form of reports; amendment of defective reports; preservation of reports
§ 58-17-1630List of names and residences of president and directors shall be filed
§ 58-17-1640Information to be furnished Office of Regulatory Staff on request
§ 58-17-1650Interrogatories
§ 58-17-1660Investigations and examinations of books and places of business; rules and regulations
§ 58-17-1670Examination of agents and employees
§ 58-17-1680Issuance of subpoenas; fees; issuance of attachment to compel attendance; contempt for refusal to obey court order
§ 58-17-1690Penalty for failing to furnish reports or obstructing commission
§ 58-17-1810Extent of rate-making power
§ 58-17-1820Rates to which chapter not applicable
§ 58-17-1830Power of Commission over rates and routes
§ 58-17-1840Notice before establishment of joint rates; hearing
§ 58-17-1850Prescribing schedule of rates; schedules as evidence
§ 58-17-1860Copies of schedules shall be posted
§ 58-17-1870Annual publications of freight rates on watermelons and cantaloupes
§ 58-17-1880Revision of schedules
§ 58-17-1890Printed schedules shall be prima facie evidence
§ 58-17-1900Supervision of contracts concerning rates and division of earnings
§ 58-17-1910Procedure when contracts concerning rates violate chapter
§ 58-17-1920Use of mileage books
§ 58-17-1930Sale of interchangeable mileage shall be continued; family use
§ 58-17-1940Surcharge for intrastate Pullman transportation shall be unlawful
§ 58-17-1950Charge of unreasonable rates shall constitute extortion
§ 58-17-1960Unjust discrimination in rates unlawful
§ 58-17-1970Allowing or receiving rebate or other advantage shall be unlawful
§ 58-17-1980Charges to be in proportion to distance traveled and freight handled
§ 58-17-1990Discriminating rates shall be prima facie evidence of unjust discrimination
§ 58-17-2000Charging greater compensation for certain services for shorter distance than for longer distance shall be unlawful; exceptions
§ 58-17-2010Exceptions as to uniformity in freight charges
§ 58-17-2020Commission shall fix storage charges on freight
§ 58-17-2030Procedure for fixing or changing storage rates and charges
§ 58-17-2040Discrimination and excessive charges for storage prohibited
§ 58-17-2050Suit to recover for discrimination or excessive charges for storage
§ 58-17-2060Promulgation of reciprocal demurrage rules
§ 58-17-2070Consignee entitled to itemized statement of charges; correction of errors
§ 58-17-2080Consignee may require settlement according to contract
§ 58-17-2090Suit to recover charges in excess of legal rate
§ 58-17-2100Classification of cotton as "heavy goods"; weights
§ 58-17-2210Issuance and contents of duplicate freight receipts; delivery of goods on presentation of receipt
§ 58-17-2220Merchandise must be promptly forwarded according to directions
§ 58-17-2310
§ 58-17-2320Forfeiture of freight for failure to reweigh
§ 58-17-2330No demurrage or similar charge shall be made after demand for reweighing
§ 58-17-2340Common carriers shall maintain scales under certain conditions
§ 58-17-2350Jurisdiction over railroad track and platform scales; penalties
§ 58-17-2510Prompt loading and unloading of livestock required
§ 58-17-2520Information required to be furnished owners or shippers of livestock
§ 58-17-2610Connecting railroads shall operate as one for rate purposes when operated by same company
§ 58-17-2620Railroads authorized to join tracks; expenses
§ 58-17-2630Condemnation when connecting switches are refused
§ 58-17-2640Facilities for interchange of traffic shall be furnished
§ 58-17-2650Lines of two or more railroads which pass through city or town shall be connected; expenses
§ 58-17-2660Rights of way for connecting tracks in cities and towns; condemnation if track crosses private property
§ 58-17-2670Railroad building new line into city or town shall connect and pay part of cost of original connecting track
§ 58-17-2680Connecting line may cross other tracks
§ 58-17-2690No discrimination between connections at same point
§ 58-17-2700Cars shall be transferred to connected track on demand; fees
§ 58-17-2710Each connected railroad shall furnish facilities for receiving and forwarding traffic of another without delay, preference or prejudice
§ 58-17-2720Railroads shall receive and deliver cars to and from connecting lines at uniform rates and with uniform service
§ 58-17-2730Railroad shall issue or recognize through bills of lading between competitive points
§ 58-17-2740Shipper may designate routes; changing of route shall be unlawful
§ 58-17-2750Civil penalty on railroad for violation of certain statutory provisions
§ 58-17-2760Criminal penalty on individuals for violation of certain statutory provisions
§ 58-17-2770Discrimination in deliveries prohibited
§ 58-17-2780Discrimination by refusing to receive freight or to issue bills of lading prohibited
§ 58-17-2790Discrimination in rates of freight as to other railroads prohibited
§ 58-17-2800Railroad company chartered by this State defined
§ 58-17-2810Railroads shall deliver cars from other roads on equal terms; damages; effect of rebates or fraud
§ 58-17-2820Refusal to pay freight to connecting carrier shall be unlawful
§ 58-17-3010Passenger trains shall stop at stations advertised as stops
§ 58-17-3020Passenger trains shall stop at county seats
§ 58-17-3030Connections with intersecting railroads; passenger train requirement
§ 58-17-3040Posting bulletins as to late trains
§ 58-17-3050Publishing change of timetable
§ 58-17-3060Discontinuing passenger train or changing it to mixed train without approval of Commission shall be unlawful
§ 58-17-3070Accommodations for passengers
§ 58-17-3080Waiting rooms for passengers
§ 58-17-3090Requiring erection of depots
§ 58-17-3100Separate water closets shall be maintained at stations
§ 58-17-3110Railroads not required to have second-class coaches
§ 58-17-3120Installation of cinder deflectors or wire screens; enforcement of requirement
§ 58-17-3130Exemptions from requirements of cinder deflectors
§ 58-17-3140Use of baggage checks
§ 58-17-3310Certification of compliance of railroad or branch extension
§ 58-17-3320Safety devices shall be installed and used on direction of Commission
§ 58-17-3330Penalty for failure to obey orders of Commission regarding safety devices
§ 58-17-3340Brakes and brakemen
§ 58-17-3350Tools and appliances
§ 58-17-3360Electric hand lanterns
§ 58-17-3370Formation of passenger trains
§ 58-17-3380Warning boards shall be maintained near drawbridges and grade crossings
§ 58-17-3390Penalty for failure to erect or replace warning boards
§ 58-17-3400Removal of hand or lever cars from track and leaving it near crossing shall be unlawful
§ 58-17-3410Shelter for employees in railroad shops or yards
§ 58-17-3420Construction and maintenance of bridges
§ 58-17-3430Railroads shall keep grade at stations level with track
§ 58-17-3440Notice of accidents
§ 58-17-3450Investigation of causes of accidents
§ 58-17-3460Transportation to accident site
§ 58-17-3610Police powers of conductors and station agents
§ 58-17-3620Ejection of disorderly passenger from train
§ 58-17-3630Badges shall be worn by employees
§ 58-17-3710Common carrier defined
§ 58-17-3720Liability of railroads for negligence resulting in injuries to or death of employees; amount and disposition of damages in case of death of employee
§ 58-17-3730Effect of contributory negligence
§ 58-17-3740Assumption of risk
§ 58-17-3750Any exemption from liability under article shall be void
§ 58-17-3760Survival of right of action
§ 58-17-3770Limitation of actions
§ 58-17-3780Setoffs
§ 58-17-3790Punitive damages
§ 58-17-3800Article shall be cumulative
§ 58-17-3910Liability to landowners for damages for wrongful obstruction of watercourses
§ 58-17-3920Liability for damage caused by fire
§ 58-17-3930Penalty for failure to obey orders of Commission
§ 58-17-3940Penalty for failure to pay recompense for violation of rule or regulation of Commission; action for recovery
§ 58-17-3950Actions for injuries to persons through violation of rules or regulations of Commission
§ 58-17-3960Suits under foregoing section shall be brought within twelve months
§ 58-17-3970Acts declared unlawful shall be prohibited
§ 58-17-3980Damages and penalty for unlawful acts where no specific penalty provided for
§ 58-17-3990Action under foregoing section shall be subject of equity jurisdiction
§ 58-17-4000Limitation of action
§ 58-17-4010Testimony may be compelled; immunity from prosecution; production of books and papers
§ 58-17-4020Penalty for violation of chapter by individuals
§ 58-17-4030Penalty for injury due to negligence or carelessness
§ 58-17-4040Penalty for gross carelessness or negligence
§ 58-17-4050Penalty for injury due to wilful violation
§ 58-17-4060Common carriers shall not interfere with contracts of shipment
§ 58-17-4070Liability of common carriers interfering with contracts of shipment
§ 58-17-4080Penalty and damages for obstruction of highway by railroad car, locomotive or other object
§ 58-17-4090Penalty for obstruction of railroad
§ 58-17-4095Parking or operating vehicle on railroad right-of-way prohibited; exceptions; penalty
§ 58-17-4096Trespassing upon railroad tracks
§ 58-17-4100Penalty for shooting or throwing at trains
§ 58-17-4110Penalty for loitering in or about station houses
§ 58-17-4120Certain persons shall be deemed agents of railroad corporation
§ 58-17-4130Liabilities of corporation operating road of another and of trustees and receivers
§ 58-17-4140Collection of fines and penalties
§ 58-17-4150Persons against whom judgments shall be rendered
§ 58-17-4160Procedure for attachment of cars and engines which are in use
§ 58-17-4170Forfeiture of charter for repeated violations of law
§ 58-17-4180Request or advice of Commission shall not impair legal duties of railroad
§ 58-17-4190Chapter shall not affect rights of persons injured to action for private damages

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Questions & Answers: Railroads

Ditch light requirements are described in 49 CFR 229-125: http://www.lawserver.com/law/country/us/cfr/49_cfr_229-125 Because there is no interchange with the general railroad sys...
i have been calling and e-mailing two time a month sence June for the csx railroad to come out and cut the weeds and paick up trash next to our property .We can not cut it our self...
I couldn't find if it's illegal to remove railroad spikes from an exempt railway that is no longer in service. Thank You,...
Randy, If the property belongs to the railway, then I don't see how it could be legal to trespass onto the railway's property to take supplies that belong to the railway. Just be...
haha thanks....yeah that's what I thought was tying to tell the kids at work that but I didn't want to be called a lier I just didn't now if there was a specific law that I could p...
I saw that earlier I just didn't know if there was one that had any mention for exempt (closed) railways. thanks...

U.S. Code Provisions: Railroads

U.S. Code > Title 45 - Railroads
U.S. Code Title 49 > Subtitle IV > Part A - Rail
U.S. Code > Title 49 > Subtitle V - Rail Programs
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