RAILROADS -- ORGANIZATION AND OPERATING REGULATIONS

KRS tit. XXIV, ch. 277

in effect

KRS 277.010 Repealed, 1972

277.010. Repealed, 1972 Catchline at repeal: Organization of railroad companies -- Articles of incorporation -- Amendments to articles. History: Repealed 1972 Ky. Acts ch. 274, sec. 165. -- Amended 1946 Ky. Acts ch. 141, sec. 15a. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 763, 764.

KRS 277.020 Repealed, 2000

277.020. Repealed, 2000 Catchline at repeal: Foreign railroad companies must incorporate in Kentucky and accept Constitution -- Effect of organization and filing prior to July 1, 1946. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Amended 1946 Ky. Acts ch. 141, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 765, 841. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.030 Repealed, 2000

277.030. Repealed, 2000 Catchline at repeal: Continuation of limited railroad grants and franchises. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 769a-2. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.040 Person operating mine or quarry may construct railroad line, truck road, overhead conveyor or pipeline to transport material

277.040. Person operating mine or quarry may construct railroad line, truck road, overhead conveyor or pipeline to transport material Any person operating a mine or a stone quarry may, for the purpose of transporting material between any railroad or navigable stream and the mine or quarry, construct and operate a line of railroad, truck road, overhead conveyor, or pipeline from the mine or quarry to the most convenient and accessible point on the railroad or stream, and may, under the Eminent Domain Act of Kentucky, condemn the land necessary for track, truck road, or supports for conveyor, or pipeline, not exceeding sixty (60) feet in width for each track, roadway, conveyor, or pipeline necessarily constructed, and the land for necessary buildings at the railroad or stream, not exceeding two (2) acres. The owner or operator of such railroad shall be governed by the laws relating to other railroads, so far as applicable, and shall have the same rights and privileges granted to corporations owning and operating railroads. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 109, effective June 19, 1976. -- Amended 1954 Ky. Acts ch. 140, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 815.

KRS 277.050 Corporation constructing or operating union station may condemn land

277.050. Corporation constructing or operating union station may condemn land Any corporation organized under the laws of this or any other state for the purpose of constructing, maintaining, or operating union railway stations for passengers or freight may, except in cities of the first class or in a consolidated local government, acquire by condemnation, in the manner prescribed by the Eminent Domain Act of Kentucky, such lands and material in this state as it deems to be reasonably necessary for the purpose of constructing, maintaining, and operating such union railway stations and the usual or proper tracks, platforms, sheds, approaches, and other appurtenances thereto. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 221, effective July 15, 2002. -- Amended 1976 Ky. Acts ch. 140, sec. 110, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 835a.

KRS 277.060 Powers and duties of railroad companies as to construction, alteration and maintenance of railroad line

277.060. Powers and duties of railroad companies as to construction, alteration and maintenance of railroad line (1) Every railroad company may: (a) Cause such examinations and surveys to be made as are necessary to the selection of the most advantageous route for its proposed railroad, and for that purpose its officers, agents and servants may enter upon the property of any person, subject to liability for all damage done by them to such property. (b) Receive, hold and take possession of any voluntary grants and donations of property made to it to aid in the construction, maintenance and operation of the road; any real property so received shall be held and used for the purposes of the grant or donation only. (c) Purchase, hold, take possession of and use all franchises and property necessary for the construction, maintenance and accommodation of its line of railroads, but the same shall not be taken or appropriated without the consent of the owner until the compensation to be made therefor is agreed upon or ascertained, and paid or deposited, as provided by the Eminent Domain Act of Kentucky. (d) Lay out and construct its road not exceeding one hundred (100) feet in width, unless more than one (1) track is laid, in which case the width may be extended not exceeding fifty (50) feet for each additional track. (e) Take, in the manner provided by the Eminent Domain Act of Kentucky such lands in the vicinity of or adjacent to its road as are necessary for cuts or embankments, the procurement of stone, gravel or other materials, or for draining the roadbed. (f) Change, when it deems proper, the gauge of its road. (g) Change the location or grade of any portion of its road for any reasonable cause, but shall not, except as otherwise provided by law, depart from the general route prescribed in the articles of incorporation. (h) Construct its road upon or across any private road, highway, street, lane or alley, and across any railroad, canal or watercourse. (2) Every railroad company shall restore to its former condition, as near as may be, any private road, highway, street, lane, alley, railroad, canal or watercourse upon or across which it has constructed its road, and shall maintain the same in that condition within the right-of-way of the railroad company. It shall construct suitable road and street crossings for the passage of traffic by putting down planks or other suitable material between and on each side of the rails, the top of which shall be at least as high as the top of the rails. (3) If the railroad is constructed upon any public street or alley, the construction shall be upon such terms and conditions as are agreed upon between the company and the authorities of the city, and the road shall not be constructed until compensation is made, either by agreement or in the manner provided by the Eminent Domain Act of Kentucky, to the owners of the property adjoining those parts of the street or alley on which the road is to be constructed. (4) Any railroad company may build such spurs, switches, tracks or branches as are necessary to conduct its business or develop business along its line of road, and for that purpose shall have the same powers and be subject to the same restrictions and liabilities as are conferred or imposed upon it for the construction of its main line. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 111, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 768, 769.

KRS 277.065 Allocation of costs of eliminating grade crossings between railroad and governmental unit

277.065. Allocation of costs of eliminating grade crossings between railroad and governmental unit The entire construction costs of projects for the elimination of hazards of railroad- highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate railroad grade crossings which may be paid for in whole or part from state funds, including, but not limited to, the cost of preparing the plans and specifications and supervising the improvement, the acquisition of necessary property, the construction of approaches, drainage structures, roadways and pavements, accommodations for public utilities, and damages paid to abutting property owners, shall be allocated between the railroad involved, and the governmental unit or units involved in the same ratio as the net benefit received by such railroad from the project bears to the net benefit accruing to the public using the highway, and in no case shall the net benefit to any railroad or railroads be deemed to be more than ten percent (10%) of the total benefit resulting from the project. The Department of Highways shall be responsible for determining the proportion of the benefits derived by the railroad from the project, and shall fix standards for the determining of said benefits which shall be consistent with the standards adopted for similar purposes by the United States Bureau of Public Roads under the Federal-Aid-Highway Act of 1944. The cost of maintenance of all structures for the elimination of railroad grade crossings, and of installations for the protection of existing grade crossings, constructed or installed under this section, shall be borne by the governmental unit or units constructing them. Before any state funds shall be expended for any project constructed under this section, a contract shall be entered into between the railroad and the governmental unit or units involved setting forth the duties of each as to construction and maintenance of the project. Effective: June 19, 1958 History: Created 1958 Ky. Acts ch. 78, sec. 1, effective June 19, 1958.

KRS 277.070 Map of route to be recorded -- Notice to Transportation Cabinet if another railroad crossed

277.070. Map of route to be recorded -- Notice to Transportation Cabinet if another railroad crossed (1) Every railroad company proceeding to construct its road in or through any county shall file and have recorded at its expense, in the office of the county clerk of that county, a map of the route showing the center and the width of the proposed road. If, after the map is filed and recorded, the location or the proposed route is changed, a map showing the change, and the center and width thereof, shall be filed and recorded at the expense of the company in the office of the county clerk of the county in which the change is made. (2) If the proposed route indicated by the map crosses the line of any other railroad, the company filing the map shall, before commencing the construction of the road near the point of crossing, notify the Kentucky Transportation Cabinet. The cabinet shall notify the company whose road it is proposed to cross, and the company proposing to cross it, that if any objection is made to the crossing the cabinet will meet, at a stated time and place, to consider the question of approving the crossing. The cabinet may determine the manner in which the crossing shall be made in order to protect against accidents. Effective: December 1, 2000 History: Amended 2000 Ky. Acts ch. 417, sec. 11, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 767. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.080 Railroad company may transport by motor vehicle and by air

277.080. Railroad company may transport by motor vehicle and by air Any railroad company may engage in the business of a common carrier for the transportation of persons and property by motor vehicles operated upon the highways and by airplanes in the air, and may purchase or lease the property, rights and franchises of any person engaged in transportation of persons or property by motor vehicle or by airplane, and may acquire the capital stock of any corporation engaged in such transportation, or make any agreement or arrangement, not inconsistent with laws, with any person engaged or authorized to engage in such transportation. All railroad companies exercising the powers granted by this section shall, in their operation of motor vehicles, be deemed common carriers by motor vehicle, and shall be subject to all the laws of this state applicable to such motor carriers. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 768a.

KRS 277.090 Railroad company may operate ferry

277.090. Railroad company may operate ferry (1) Any railroad company may, without securing the grant of any ferry franchise or privilege from the county judge/executive, transport, or employ other persons to transport for it, any passengers, baggage or freight carried, or to be carried, on its railroad line, across any stream within or bordering upon this state. (2) Any railroad company operating a ferry for the purposes mentioned in subsection (1) of this section may transport thereon any other persons, freight or baggage offered for transportation upon obtaining the grant of a ferry franchise or privilege in the manner prescribed by law, except that no railroad company, employee, agent or trustee of a railroad company, shall be granted a franchise or privilege to establish, operate or maintain a new ferry within one mile and a half in a straight line of any ferry already established and in operation. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 455, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 769a-1.

KRS 277.100 Repealed, 2000

277.100. Repealed, 2000 Catchline at repeal: Purchase or sale of railroad property and franchises -- Subscription to stock in other railroads. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 769. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.110 Contract or lease under which railroad is operated to be recorded

277.110. Contract or lease under which railroad is operated to be recorded Every person operating a railroad in this state under a contract or lease shall, within thirty (30) days after the contract or lease is executed, have it recorded in the office of the Secretary of State and in the office of the county clerk of each county in which the road or any part thereof lies. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 791.

KRS 277.120 Repealed, 2000

277.120. Repealed, 2000 Catchline at repeal: Borrowing by railroad company -- Mortgages -- Bonds. History: Repealed 2000 ch. 417, sec. 17, effective December 1, 2000. -- Amended 1946 Ky. Acts ch. 141, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 771. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.130 Repealed, 2000

277.130. Repealed, 2000 Catchline at repeal: Plan for reorganization of insolvent railroad company. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 771a-1, 771a-5, 771a-6. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.140 Repealed, 2000

277.140. Repealed, 2000 Catchline at repeal: Judicial approval of plan and acceptance by creditors. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 771a-2, 771a-3. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.150 Repealed, 2000

277.150. Repealed, 2000 Catchline at repeal: Sale of property where no plan proposed -- Reorganization by purchasers. History: Repealed 2000 Ky. Acts ch. 417, sec. 17, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 771a-4. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of the repeal of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.160 Signs at railroad crossings -- Imitation forbidden

277.160. Signs at railroad crossings -- Imitation forbidden (1) Every railroad company shall cause signal boards to be placed and constantly maintained at each public highway where it is crossed by the railroad track at the same level, except that such boards need not be put up in any city unless required by the city authorities. The boards shall be well supported, and shall be placed so as to be easily seen by travelers and not to obstruct travel, and shall contain on each side, in capital letters at least five (5) inches high, the words "Railroad Crossing." (2) No person shall erect on or near a public highway any signboard or other contrivance similar to or like the danger signals used by railroads, interurbans and electric railway companies at road crossings. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 773, 773a-1.

KRS 277.170 Flagman or gate at crossing of railroad with highway

277.170. Flagman or gate at crossing of railroad with highway If the Kentucky Transportation Cabinet determines it is in the public interest for a gate to be erected or maintained or a flagman stationed at any highway crossing within one mile of the corporate limits of any city, the cabinet shall give the superintendent or manager of the railroad written notice that a gate or flagman is required. If a gate is required, the notice shall prescribe the time within which the gate shall be erected, the character of gate required, and shall designate the hours during which a man shall be kept in charge of the gate. If a flagman is required, the notice shall designate the hours during which he shall be kept at the crossing. The railroad company shall comply with the provisions of the notice. The cabinet may authorize the discontinuance of the gate or flagman whenever, in its judgment, the public interest no longer requires it. Effective: December 1, 2000 History: Amended 2000 Ky. Acts ch. 417, sec. 12, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 774. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.180 Railroad crossings, when trains to stop before reaching

277.180. Railroad crossings, when trains to stop before reaching Whenever railroad lines cross each other in this state, each train shall be brought to a full stop at least fifty (50) feet before it reaches the crossing, unless the crossing is regulated by a derailing switch or other safety appliance that prevents collisions at crossings, or a flagman or watchman is stationed at the crossing and signals that the train may cross in safety. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 775.

KRS 277.190 Bell to be rung or whistle sounded at crossings -- Local government regulation of sounding train whistles at night

277.190. Bell to be rung or whistle sounded at crossings -- Local government regulation of sounding train whistles at night (1) Every railroad company shall provide each locomotive engine running over any of its lines with a bell of ordinary size and a whistle. The bell shall be rung or the whistle sounded at a distance of at least fifty (50) rods from the place where the track crosses upon the same level any highway or crossing where a signboard is required to be maintained. The bell shall be rung or the whistle sounded continuously or alternately until the engine has reached the highway or crossing except as provided in subsection (2) of this section. (2) A city, county, urban-county, or charter county government may regulate the sounding of train whistles at night if the city, county, urban-county, or charter county government enacts an ordinance adopting the provisions of Emergency Order Number 15, Notice Number 4, issued by the Federal Railroad Administration on August 31, 1993. If the Federal Railroad Administration updates the requirements of Emergency Order 15, a city, county, urban-county, or charter county government that has adopted the provisions of Emergency Order 15 shall by ordinance adopt the most recent federal requirements governing the sounding of train whistles. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 195, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 229, sec. 5, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 786.

KRS 277.195 Railroad company to destroy or remove vegetation upon its right-of-way at each public railroad-highway grade crossing

277.195. Railroad company to destroy or remove vegetation upon its right-of-way at each public railroad-highway grade crossing (1) Every railroad company shall destroy or remove obstructive vegetation upon its right-of-way at each public railroad-highway grade crossing, for a distance of two hundred fifty (250) feet in each direction, that is: (a) More than thirty (30) inches and less than twenty (20) feet above the height of the crossing; (b) Within twenty (20) feet from the nearest rail or, if the railroad's right-of-way is less than twenty (20) feet from the nearest rail, the entire width of the right- of-way, except for vegetation within five (5) feet of private property; and (c) Within two hundred fifty (250) feet of the centerline of the roadway where it intersects the centerline of the nearest track at the crossing. (2) A railroad company shall not be authorized or required to enter private property to remove vegetation located on private property to comply with subsection (1) of this section. (3) If terrain, elevation, track or road curvature, rolling stock, structures, or other objects or conditions at or near the public railroad-highway grade crossing make compliance with subsection (1) of this section impossible, impractical, or unnecessary, the railroad company may petition the Transportation Cabinet to waive or modify the requirements of subsection (1) of this section by providing written notice describing the proposed waiver or modifications. The waiver or modifications proposed by the railroad company shall replace and satisfy the requirements of subsection (1) of this section unless the Transportation Cabinet denies or modifies the written notice within sixty (60) days of receipt. (4) If a railroad company fails to destroy or remove obstructive vegetation in compliance with subsection (1) of this section, the Transportation Cabinet, or the local government maintaining the public road or highway, may send a written notice to the railroad company's registered agent requiring the obstructive vegetation to be removed within thirty (30) days of receiving the written notice. (5) (a) If a railroad company fails to remove the obstructive vegetation after receiving a written notice under subsection (4) of this section, the Transportation Cabinet or local government shall: 1. Remove the obstructive vegetation by coordinating a mutually agreeable time and date with the railroad company to access the railroad right-of- way pursuant to the railroad's applicable safety processes; and 2. Recover the necessary and reasonable costs of the vegetation removal from the responsible railroad company. (b) The Transportation Cabinet or local government shall notify the responsible railroad company of the amount due for vegetation removal by certified mail. (c) If the railroad company fails to pay the amount demanded within thirty (30) days, the Transportation Cabinet or local government may take appropriate legal action to collect the amount owed. (6) A railroad company shall be and remain in compliance with subsection (1) of this section by January 1, 2029. (7) This section shall not alter the duties of a motor vehicle operator at public railroad- highway grade crossings. (8) The requirements in this section constitute the sole standards with respect to vegetation, obstructions, and sight distance at public railroad-highway grade crossings unless superseded by federal law or regulation. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 195, sec. 1, effective July 15, 2026.

KRS 277.200 Period of obstructing highway, street or navigable stream limited

277.200. Period of obstructing highway, street or navigable stream limited (1) No railroad company shall obstruct any public highway or street, or the navigation of any stream, by stopping and permitting trains, engines or cars to stand upon a public grade crossing or upon a drawbridge for more than five (5) minutes at any one time, unless such stopping and standing is caused by circumstances beyond control of the railroad company. (2) No member of a railroad train crew shall be held personally guilty of violating a municipal ordinance regulating the blocking of public grade crossings by trains, engines or cars, on proof that his action was necessary to comply with the orders or instructions of the railroad company or its officers; provided that nothing in this section shall relieve the railroad company from any responsibility placed upon it by said ordinance. Effective: June 18, 1970 History: Amended 1970 Ky. Acts ch. 201, sec. 1, effective June 18, 1970. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 768.

KRS 277.210 Air brake, passenger trains required to have

277.210. Air brake, passenger trains required to have No passenger train shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, that can be applied by the engineer to each car composing the train, and that shall at all times be kept in good condition and ready for use. This section does not apply to mixed trains. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 778.

KRS 277.220 Repealed, 1964

277.220. Repealed, 1964 Catchline at repeal: Spark arresters on engines; combustible material along right of way. History: Repealed 1964 Ky. Acts ch. 158, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 782, 790.

KRS 277.230 Frogs on tracks

277.230. Frogs on tracks Every railroad company shall keep the frogs on its tracks adjusted, fixed or blocked to prevent the feet of its employees from being caught therein. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 780.

KRS 277.240 Height of bridges and passways over railroad tracks -- Telltales

277.240. Height of bridges and passways over railroad tracks -- Telltales (1) A bridge or passway constructed over any railroad, except in cities having power under their charters to regulate the height of bridges or passways, shall not be at a less height than twenty-two (22) feet above the track of the road, unless by the written authority of the Kentucky Transportation Cabinet. (2) Whenever there is, over any railroad track, a bridge, tunnel or other obstruction at a height of less than seven (7) feet above the roof of the freight cars used or hauled on that railroad, the officers of the railroad shall erect and keep in repair at or near the bridge, tunnel or obstruction, and on each side thereof, a rod or beam placed across the track at such height and at such distance from the bridge, tunnel or obstruction as the cabinet directs, and from the rod or beam shall be suspended straps, ropes, or cords of such length as the cabinet determines, and not greater than six (6) inches apart, for a width of eight (8) feet, directly over the track. Effective: December 1, 2000 History: Amended 2000 Ky. Acts ch. 417, sec. 13, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 776. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.245 Required equipment on cars for transportation of railroad employees

277.245. Required equipment on cars for transportation of railroad employees It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the Commonwealth of Kentucky and engaged in the business of common carrier to operate for or transport its employees in a motor car which is not equipped with a reasonably substantial top for the protection of said employees from rain, snow, sleet and hail and equipped with a transparent windshield sufficient in width and height to reasonably protect said employees, which windshield shall be of safety glass and such car shall also be equipped with a permanent electric headlamp of sufficient candle power as to render visible at a distance of three hundred (300) feet in advance of such car under ordinary atmospheric conditions, any obstruction, land mark, warning sign or grade crossing on such railroad and said car shall also be equipped with two (2) electric lights on the rear end thereof with sufficient candle power as to be visible at a distance of three hundred (300) feet under ordinary atmospheric conditions, and such car shall also be equipped with an electric windshield wiper that will remove rain, snow and sleet from the windshield on such car while such car is moving, and said windshield wiper shall be so devised that the driver of said car can start or stop said windshield wiper while he is driving the car. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 149, sec. 1, effective June 19, 1952.

KRS 277.250 Getting on or off moving train

277.250. Getting on or off moving train No person, except a passenger or an employee in the usual and necessary discharge of his duties, shall get on or off, or swing or ride on, or hang from the outside of, any engine, train or car while it is in motion or switching, or immediately preceding its moving or switching. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 805.

KRS 277.260 Repealed, effective December 15, 1988

277.260. Repealed, effective December 15, 1988 Catchline at repeal: Ejection from train for offensive conduct or language or for gambling. History: Repealed 1988 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 31, effective December 15, 1988. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 806.

KRS 277.270 Railroad policemen, how appointed and removed

277.270. Railroad policemen, how appointed and removed (1) Any company owning or operating a railroad in this state may apply to the Governor to appoint and commission as railroad policemen such persons as the company designates. The Governor, upon such application being made and upon the payment to him of a fee of five dollars ($5) for each policeman to be appointed, shall appoint such persons as the company designates, or as many thereof as he deems proper to be such policemen, and shall give commissions to those appointed. (2) When a railroad company no longer needs the services of a railroad policeman so appointed, notice to that effect, signed by the general manager or by the person in charge of operating the railroad, may be filed in the several offices in which the commission of the policeman is recorded. The clerk shall note the fact upon the margin of the record where the commission is recorded, and thereupon the power of the policeman shall cease as to any particular county in which such notice is so filed and recorded. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 779a-1, 779a-2, 779a-7, 779a-8.

KRS 277.280 Bond, powers, and compensation of railroad policemen

277.280. Bond, powers, and compensation of railroad policemen (1) Each railroad policeman shall, before he or she enters upon the discharge of the duties of his or her office, execute bond, with good security, conditioned for the faithful performance of his or her duty as such policeman, and take and subscribe an oath of office. The bond shall be executed in the county in which the policeman resides, or in which the railroad has its registered process agent, if any, within the state, or in which the policeman performs any duties as a railroad policeman, and the bond shall be approved, and the oath administered, by the county judge/executive. The bond and oath shall be entered of record by the county clerk, and the execution of the bond and the taking of the oath shall be indorsed upon the commission of the person so qualifying. Each policeman so appointed and commissioned shall, throughout the counties through which the railroad operates, have and exercise the powers of sheriffs and constables granted police powers in making arrests for public offenses committed upon or about railroad property, and in serving process in criminal and penal prosecutions for such offenses, and shall be subject to all the liabilities of sheriffs. (2) The compensation of railroad policemen shall be fixed and paid by the railroad company for which they are appointed. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 90, sec. 23, effective January 1, 2023. -- Amended 1986 Ky. Acts ch. 304, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 456, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 218, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 779a -3, 779a-5.

KRS 277.290 Badges of railroad policemen -- Insignia of passenger train employees

277.290. Badges of railroad policemen -- Insignia of passenger train employees (1) Each railroad policeman shall, while on duty, wear a metal badge or shield, with the words "Railroad Police" and the name or initials of the railroad engraved thereon. When acting as a detective in the service of the railroad, he may wear the badge or shield concealed. (2) Every railroad company shall require a uniform hat or cap and distinguishing badges to be worn by all its employees, other than engineers and firemen, whose duties relate immediately to the transportation of passengers. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 779, 779a-4.

KRS 277.300 Notice of fatal accident to be given to Transportation Cabinet

277.300. Notice of fatal accident to be given to Transportation Cabinet If any accident on a railroad is attended with loss of life, the company operating the road on which the accident occurred shall notify the Kentucky Transportation Cabinet within five (5) days after the accident occurred and shall furnish the cabinet all information requested by it concerning the cause of the accident. Effective: December 1, 2000 History: Amended 2000 Ky. Acts ch. 417, sec. 14, effective December 1, 2000. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 777. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

KRS 277.310 Liability of railroads for injury or death of employees

277.310. Liability of railroads for injury or death of employees Every common carrier by railroad, while engaged in commerce in this state, shall be liable in damages to any person suffering injury while he is employed by the carrier in such commerce, and in case of the death of such person shall be liable to his personal representative, for such injury or death as resulted in whole or in part from the negligence of any of the officers, agents or employees of the carrier, or by reason of any defect or insufficiency, due to its negligence, in its track, roadbed, rolling stock, machinery, docks, boats, wharves or other equipment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 820b-1.

KRS 277.315 Liability insurance requirement for special passenger excursion trains -- Limitation of damages

277.315. Liability insurance requirement for special passenger excursion trains -- Limitation of damages (1) As used in this section: (a) "Nonprofit sponsor" means a corporation whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. sec. 501(c)(3) as amended; and (b) "Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority. (2) Notwithstanding any other statute to the contrary, liability for all claims, whether for compensatory damages or punitive damages arising from a rail incident or accident occurring in the Commonwealth, and made against a nonprofit sponsor of a special passenger excursion train or owner or operator of an excursion train or against the railroad or rail authority over whose tracks the special passenger excursion train was operated when the accident or incident occurred, shall not exceed the valid and collectible liability insurance coverage maintained on the special passenger excursion train. The sponsor of a special passenger excursion train shall maintain or provide evidence of insurance coverage of not less than five million dollars ($5,000,000) per occurrence or per claim. A nonprofit sponsor shall provide evidence of such coverage upon demand of the Transportation Cabinet. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 306, sec. 1, effective July 15, 1994.

KRS 277.320 Contributory negligence -- Assumption of risk

277.320. Contributory negligence -- Assumption of risk In any action brought against a common carrier by railroad under KRS 277.310 to recover damages for injury to or death of any employee, the employee shall not be held to have assumed the risk of his employment nor to have been guilty of contributory negligence in any case where the violation by the carrier of any state or federal statute enacted for the safety of employees contributed to the injury or death of the employee. In a case where a safety statute has not been violated, the fact that the employee was guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the employee. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 820b-2, 820b-3.

KRS 277.330 Liability of railroads for killing or injuring cattle -- How damages divided

277.330. Liability of railroads for killing or injuring cattle -- How damages divided If cattle are killed or injured by the locomotive or cars of any railroad company on a track adjoining the lands belonging to or occupied by the owner of the cattle, and the owner has not received compensation for fencing his land along the railroad right-of-way, the loss shall be divided between the railroad company and the owner of the cattle, unless the cattle were killed or injured by the negligence of the agents or servants of the railroad company, in which case the company shall pay full damages. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 255, sec. 225, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 809.

KRS 277.340 Repealed, effective January 2, 1978

277.340. Repealed, effective January 2, 1978 Catchline at repeal: Appraisal of damage to cattle -- Payment or recovery of damages. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 810, 811, 812, 813.

KRS 277.350 Criminal trespass on railroad property

277.350. Criminal trespass on railroad property (1) It shall be unlawful for any person without the consent of the railroad: (a) To go upon the track, property, or right-of-way of a railroad, other than to pass over the track, property, or right-of-way at a public or private crossing; or (b) To willfully ride, drive, or lead any animal or otherwise contrive for any animal to go over the track, property, or right-of-way at a public or private crossing. (2) The provisions of this section shall not apply to any section of railroad track that has been legally abandoned and is not being used for railroad purposes. (3) Any person violating this section shall be guilty of criminal trespass in the second degree. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 165, sec. 14, effective June 20, 2005. -- Created 1994 Ky. Acts ch. 306, sec. 2, effective July 15, 1994.

KRS 277.355 Prohibition against damage, disturbance, or disruption of railroads, trains, or tracks -- Penalties

277.355. Prohibition against damage, disturbance, or disruption of railroads, trains, or tracks -- Penalties (1) A person shall not knowingly drop or throw any object at, onto, or in the path of any railroad rail or track, locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track. (2) An unauthorized person shall not climb upon or into any locomotive, railroad car, or other vehicle of a railroad company when it is on a railroad track. (3) An unauthorized person shall not disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company when it is on a railroad track. (4) A person shall not knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including but not limited to any gate, bell, light, cross buck, stop sign, yield sign, advance warning sign, or advance pavement marking. (5) Except as provided in subsection (6) of this section, a person who violates any of the provisions of this section shall be guilty of a Class A misdemeanor. (6) (a) If a violation of this section causes damage to property in excess of one thousand dollars ($1,000) or creates a substantial risk of serious physical injury to a person, as defined in KRS 500.080, the violator shall be guilty of a Class D felony. (b) If a violation of this section causes physical injury to a person, as defined in KRS 500.080, the violator shall be guilty of a Class C felony. (c) If a violation of this section causes serious physical injury to a person, as defined in KRS 500.080, the violator shall be guilty of a Class B felony. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 165, sec. 13, effective June 20, 2005.

KRS 277.360 Prohibition against requiring train crew members to show motor vehicle operator's license in investigations of train accidents or operation

277.360. Prohibition against requiring train crew members to show motor vehicle operator's license in investigations of train accidents or operation In any circumstance involving an accident on a railroad, or any alleged violation of law involving the operation of a train, in which the engineer or any other train crew member is detained by any law enforcement officer investigating the accident or alleged violation of law: (1) The engineer and other train crew members shall not be required to show the law enforcement officer the person's operator's license issued under KRS Chapter 186; and (2) The law enforcement officer shall be prohibited from requiring an engineer or other train crew member to show the law enforcement officer the person's operator's license issued under KRS Chapter 186. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 497, sec. 1, effective July 14, 2000.

KRS 277.400 Entities eligible to file declaration of state railbanking -- Use of property subject to declaration -- Claims of aggrieved persons

277.400. Entities eligible to file declaration of state railbanking -- Use of property subject to declaration -- Claims of aggrieved persons (1) Any organization recognized as exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, agency of state government, or political subdivision or city of this state holding or acquiring a railroad corridor may preserve the corridor for future railroad use while utilizing the right-of-way in the interim for nonmotorized public recreational use by filing with the Secretary of State a "Declaration of State Railbanking," concurrently serving a copy of the declaration on the Transportation Cabinet. The declaration shall contain the name and address of the filing entity, a textual description and map of the railroad corridor being railbanked, a statement that the entity accepts full responsibility for managing the corridor, for any legal liability arising out of the use of the corridor or, if the entity is immune from suit, that the entity agrees to indemnify the railroad for any liability arising out of the use of the corridor, and for the payment of all taxes which may validly be assessed against the corridor, and a declaration that the property is being railbanked in accordance with the provisions of Kentucky law in that the corridor is held open for future restoration of rail service and that this section only grants authority for the corridor to be utilized for nonmotorized public recreational use during the interim. (2) Any property that is the subject of a declaration of state railbanking, including property held by easement, shall, during the period a declaration of state railbanking remains in force, be deemed to be held for a railroad use and shall not revert to any other form of ownership. Until rail service is restored over the corridor, the declaration of state railbanking shall only authorize the use of the corridor for public, nonmotorized recreational use, with associated infrastructure. However, a declaration of state railbanking shall not preclude any public utility usage of the corridor if that usage is otherwise permitted under other applicable law. For the specific purpose of allowing railbanking under this section, an easement for railroad use shall not be deemed abandoned until the person holding the easement conveys the easement to another person for a nonrailroad use, title to the easement and the underlying estate comes into the hands of the same owner by conveyance, the easement owner files a disclaimer in the office of the county clerk of the county where the property is situated disclaiming all interest in the corridor, or the easement is declared abandoned by judicial decree. (3) After property is railbanked under this section, the property shall be held available for purchase by any bona fide purchaser for the restoration of rail service over the property. The following requirements shall apply to any transfer of property in contemplation of the restoration of railroad service: (a) The entity that acquired the right to use the railroad corridor for a railtrail under this section or to whom that right had been subsequently transferred shall be compensated for the fair market value of the corridor together with any improvements erected thereon. Funds received by the entity under this paragraph shall be held in trust for the benefit of the public; (b) All required federal and state permits and authority to reactivate and operate a railroad over the corridor shall be obtained prior to the transfer of the property for the contemplated railroad service restoration; (c) Adequate bond with good surety shall be posted ensuring that the railroad will be constructed, with the bond being used to cover the cost of restoring the corridor to its physical condition prior to transfer of the railbanked corridor for the contemplated railroad service restoration; and (d) The physical infrastructure necessary to operate the railroad, including tracks, ties, frogs, signaling equipment, grade crossings, and the like, shall be in place one (1) year from the date of the transfer. Train service shall be in place and operating two (2) years from the date of the transfer. If these timelines are not met, the corridor and all associate physical improvements thereon shall automatically forfeit to the ownership of the entity responsible for railbanking the corridor under this section. (4) Any person aggrieved by the act of railbanking a railroad corridor under the provisions of this section shall bring their claims within one (1) year after the declaration of state railbanking has been filed with the Kentucky Secretary of State. Any entity against whom a claim is asserted may utilize as an offset or setoff to the amount of any recovery those amounts in state or local taxes, together with interest and penalties, that have not been paid on the value of the property through which the claimant asserts title. (5) Any entity which caused a declaration of state railbanking to be filed shall cause the declaration to be vacated on the files of the Secretary of State upon the cessation of use of the corridor as a nonmotorized public use trail or the reactivation of railroad service over the corridor. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 338, sec. 2, effective July 14, 2000.

KRS 277.402 Preservation of railroad corridors -- Public policy -- Preliminary declaration of state railbanking

277.402. Preservation of railroad corridors -- Public policy -- Preliminary declaration of state railbanking (1) It is the public policy of this state to preserve railroad corridors for future railroad use. Toward this end, the Commonwealth recognizes that the salvage of tracks, ties, signaling equipment, ballast, and other items may indicate an intent to maximize return on present investment and not an intent to abandon any underlying easement for railroad or other use and that the obtaining of federal authority to discontinue service over or abandon a corridor does not necessarily indicate an intent to relinquish any property interests under state law. In any civil action to determine the status of a railroad use easement, ambiguity as to intent shall be resolved in favor of continued preservation of the corridor. (2) Any holder of a railroad corridor held by easement or otherwise may preserve that corridor by filing with the Secretary of State a "Preliminary Declaration of State Railbanking," concurrently serving a copy of the declaration on the Transportation Cabinet. The declaration shall state the name of the entity holding the corridor, a textual description and map of the land area encompassed by the corridor, and a statement that the entity does not intend to abandon the corridor described in the declaration. The entity filing the declaration may at any later time cause that declaration to be withdrawn from the Secretary of State's files. While a preliminary declaration of state railbanking is on file with the Secretary of State, the corridor set out in the declaration shall not, regardless of the status or conclusion of any federal regulatory proceeding or the salvage of track and other material from the corridor, be deemed abandoned and shall continue to exist under Kentucky law and the property encompassed by the corridor shall not revert to any other form of ownership. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 338, sec. 3, effective July 14, 2000.

KRS 277.404 Conservation easement under KRS 382.800 to 382.860 over land adjoining or traversed by a railtrail

277.404. Conservation easement under KRS 382.800 to 382.860 over land adjoining or traversed by a railtrail In addition to any other legal right, any person having a legal interest in land adjoining a railtrail or in the land traversed by the railtrail itself may grant to the entity holding the right to maintain a railtrail over the property a conservation easement over all or a portion of the property in accordance with KRS 382.800 to 382.860. The entity holding the right to maintain a railtrail over the corridor may, if it finds the easement's terms acceptable, yearly designate for the tax purposes of the party conveying the easement that the entity is holding the corridor pursuant to the authority granted to that entity in the easement as opposed to authority granted in KRS 277.400 or any similar law allowing railbanking under federal law. This designation shall not, however, affect in any way the legal right of that entity to hold the corridor pursuant to a federal or state railbanking law or the operation of those laws, and the right to maintain the railtrail on the land shall not lapse as the result of the extinguishment or modification of the easement. The easement, by its terms, may be limited in duration from year to year or for a set period of years, may extinguish itself upon the happening of a defined contingent future event, or may last in perpetuity. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 338, sec. 4, effective July 14, 2000.

KRS 277.406 Duty of railroad proposing to discontinue service or to abandon railroad corridor to notify Railtrail Development Office and Department of Parks

277.406. Duty of railroad proposing to discontinue service or to abandon railroad corridor to notify Railtrail Development Office and Department of Parks Each railroad proposing to discontinue service over or to obtain federal authority for regulatory abandonment of a railroad corridor in the Commonwealth of Kentucky shall, in addition to those notification requirements set out in federal law, notify the Commonwealth's Railtrail Development Office in the Department for Local Government and the trails coordinator in the Department of Parks that the railroad is attempting to obtain federal authority to do so. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 117, sec. 87, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 92, effective June 26, 2007. -- Created 2000 Ky. Acts ch. 338, sec. 10, effective July 14, 2000.

KRS 277.410 Human trafficking hotline telephone number to be prominently displayed in each passenger train station’s restrooms -- Penalties

277.410. Human trafficking hotline telephone number to be prominently displayed in each passenger train station’s restrooms -- Penalties (1) Every passenger train station shall post in all of its restrooms either: (a) A printed sign in English an d Spanish at least eight and one-half (8-1/2) inches by eleven (11) inches in size, with letters in at least sixteen (16) point font; or (b) A printed transparent static window cling in English and Spanish at least three (3) inches by three (3) inches in size, with letters in at least ten (10) point font; displaying the current telephone hotline number of the National Human Trafficking Resource Center or any federally funded successor entity. (2) The sign or window cling shall be: (a) Created using gender-neutral language supplied by the Office of the Attorney General, the National Human Trafficking Hotline, or the United States Department of Homeland Security's Blue Campaign; and (b) Posted in a prominent place easily seen by patrons. (3) A passenger train station in violation of this section shall be subject to a warning on the first violation and a fine not to exceed fifty dollars ($50) for each subsequent violation. Each day of noncompliance with this section shall constitute a separate violation. Moneys collected under this subsection shall be paid to the human trafficking victims fund. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 61, sec. 8, effective July 15, 2024. -- Created 2020 Ky. Acts ch. 75, sec. 4, effective July 15, 2020.

KRS 277.990 Penalties

277.990. Penalties (1) Any railroad company that violates or permits any of its agents or employees to violate any of the provisions of KRS 277.110, subsection (1) of 277.160, 277.170, 277.180, 277.210, 277.230 or 277.300 shall, in addition to subjecting itself to any damages that may be caused by such violation, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, to be recovered in the Franklin Circuit Court or in the circuit court of any county through which the railroad operates a line of road. (2) Any person who violates any of the provisions of subsection (2) of KRS 277.160 shall be fined not less than five dollars ($5) nor more than one hundred dollars ($100) for each offense. (3) Any railroad company that violates, or permits any of its agents or employees to violate, any of the provisions of KRS 277.190, shall, in addition to subjecting itself to liability for any damage caused thereby, be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. Prosecutions under this subsection shall not be commenced after six (6) months from the commission of the offense charged in the prosecution. (4) Any person who violates any of the provisions of KRS 277.250 shall be fined fifty dollars ($50) or imprisoned for thirty (30) days, or both. (5) Any owner or operator of a railroad running through or within this state as a common carrier of persons or property or both, for compensation, who either operates for its employees, or who furnishes to its employees for their transportation to or from the place or places where they are required to labor, a rail track motor car that has not been fully equipped as required by KRS 277.245, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense and each day or part of a day it operates or furnishes each of such rail track motor cars not so equipped as provided in KRS 277.245 to its employees for operation to or from the place or places where they are required to work shall constitute a separate offense. (6) Any railroad company that violates the provisions of KRS 277.200 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense. If a grade crossing or drawbridge is obstructed by two (2) or more trains stopping and standing thereon in succession without allowing accumulated highway or water traffic to pass, the obstruction by each such successive train shall constitute a separate offense. Effective: December 1, 2000 History: Amended 2000 Ky. Acts ch. 417, sec. 15, effective December 1, 2000. -- Amended 1970, sec. 201, sec. 2. -- Amended 1964 Ky. Acts ch. 158, sec. 16. -- Amended 1954 Ky. Acts ch. 90, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 773a-2, 786, 793, 805, 806, 842. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38581Fetched: 10/20/2026