13:1K-40 Inapplicability of act.
5. The provisions of this act shall not apply to:
a. the operation, use or maintenance of railroad and railroad shipping facilities, including but not limited to, the right of way, tracks, track siding, team tracks and bridges; or
b. the operation, use or maintenance of any new or existing power pole or facility owned or used, in whole or in part, by any utility company.
L.2007, c.113, s.5.