§ 701 - Definitions - Vermont Statutes

§ 701. Definitions

As used in this chapter:

(1) "Authority" means the Vermont transportation authority established by section 711 of this title.

(2) "Authority facilities" means the authority's railroad facilities and operations pursuant to joint service arrangements.

(3) "Equipment" means rolling stock, vehicles, motors, boilers, engines, wires, ways, conduits and mechanisms, machinery, tools, implements, materials, supplies, instruments and devices of every nature used or useful for transportation purposes or for the generation or transmission of motive power including but not limited to all power houses, and all apparatus and all devices for signalling, communications and ventilation necessary, convenient or desirable for the operation of a transportation facility.

(4) "Joint service arrangements" means agreements between or among the authority and any common carrier or freight forwarder, the state, any state agency, the federal government, any other state or agency or instrumentality thereof, any public authority of this or any other state, or any political subdivision or municipality of the state, relating to property, buildings, structures, facilities, services, rates, fares, classifications, divisions, allowances or charges, including charges between operators of railroad facilities, or rules or regulations pertaining thereto, for or in connection with or incidental to transportation in or upon railroad facilities located within the state and in or upon railroad facilities located outside the state.

(5) "Railroad facilities" means right-of-way and related trackage on, above or under ground, rails, cars, locomotives, other rolling stock, signal, power, fuel, communication and ventilation systems, power plants, stations, terminals, storage yards, repair and maintenance shops, yards, equipment and parts, offices and other real property or personal property used or held for or incidental to the operation, rehabilitation or improvement of any railroad operating or to operate between points within the state. It shall also include joint service arrangements, including but not limited to buildings, structures and areas which may not be devoted to any railroad purpose other than the production of revenues available for the costs and expenses of all or any facilities of the authority.

(6) "Real property" means land, structures, franchises and interests in land, waters, land under water, riparian rights and air rights and any and all things and rights included within said terms. It includes not only fees simple absolute but any and all lesser interests including but not limited to easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise.

(7) "State agency" means any officer, department, board, commissioner, bureau, division, agency or instrumentality of the state.

(8) "Transportation facility" means any railroad facility and any person, firm, partnership, association or corporation which owns, leases or operates any facility used for service in the transportation of passengers, United States mail or personal property as a common carrier for hire and any portion thereof. It shall include the rights, leaseholds or other interest therein together with routes, tracks, extensions, connections, parking lots, garages, warehouses, yards, storage yards, maintenance and repair shops, terminals, stations, the devices, appurtenances, equipment, power plants and other related facilities used or useful in connection with the operation of the transportation facility. (Added 1973, No. 14, § 2, eff. Feb. 23, 1973.)