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2003 SESSION

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CHAPTER 286 An Act to amend and reenact § 46.2-2099.41 of the Code of Virginia, relating to excursion trains. [S 1181] Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-2099.41 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-2099.41. Certification requirements.

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;

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

3. Is primarily operated within a county having a population between 50,000 and 55,000 people, or a county having a population between 26,000 and 27,000.

B. An application for certification shall include:

1. The name and address of each person who owns an interest of at least ten 10 percent 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 of operations and stops along the route; and

4. Evidence of insurance that meets the requirements of subsection C of this section.

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 ten $10 million dollars for the operation of the train.

D. The Department shall not certify an applicant under subsection A of this section 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.