46.2-2099.41 - Certification requirements.

§ 46.2-2099.41. Certification requirements.

A. A person may apply to the Department for certification as an operator ofan excursion train. The Department shall certify an applicant if theDepartment determines that the applicant will operate a passenger train that:

1. Is primarily used for tourism or public service;

2. Leads to the promotion of the tourist industry in the Commonwealth; and

3. Is primarily operated within the Counties of Buchanan, Campbell, orWashington.

B. An application for certification shall include:

1. The name and address of each person who owns an interest of at least 10percent of the excursion train operation;

2. An address in this Commonwealth where the excursion train is based;

3. An operations plan including the route to be used and a schedule ofoperations and stops along the route; and

4. Evidence of insurance that meets the requirements of subsection C of thissection.

C. The Department shall not certify to a person under subsection A unless theperson files with the Department evidence of insurance providing coverage ofliability resulting from injury to persons or damages to property in theamount of at least $10 million for the operation of the train.

D. The Department shall not certify an applicant under subsection A of thissection if the applicant or any other person owning interest in the excursiontrain also owns or operates a regularly scheduled passenger train servicewith interstate connection.

(2001, c. 596; 2003, c. 286; 2007, c. 813.)