A. A person may apply to the Department for certification as an operator of an excursion train. The Department shall certify an applicant if the Department determines that the applicant will operate a passenger train that:
1. Is primarily used for tourism or public service; and
2. Leads to the promotion of the tourist industry in the Commonwealth.
B. An application for certification shall include:
1. The name and address of each person who owns an interest of at least 10 percent of the excursion train operation;
2. An address in the Commonwealth where the excursion train is based;
3. An operations plan, including the route to be used and a schedule of operations and stops along the route; and
4. Evidence of insurance that meets the requirements of subsection C.
C. The Department shall not certify to a person under subsection A unless the person files with the Department evidence of insurance providing coverage of liability resulting from injury to persons or damages to property in the amount of at least $10 million for the operation of the train.
D. The Department shall not certify an applicant under subsection A if the applicant or any other person owning interest in the excursion train also owns or operates a regularly scheduled passenger train service with interstate connection.
2001, c. 596; 2003, c. 286; 2007, c. 813; 2016, c. 431.