LD 767
pg. 1
LD 767 Title Page An Act to Facilitate Passenger Rail Transportation by Limiting Liability LD 767 Title Page
Download Bill Text
LR 815
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 23 MRSA §8012 is enacted to read:

 
§8012.__Passenger rail liability limitation

 
The liability of passenger rail transportation service
providers is limited to a maximum of $75,000,000 in the aggregate
for any claims and awards, compensatory or punitive, for property
damage, personal injury, bodily injury or death arising from a
rail incident or accident occurring in this State and involving a
passenger train, but only if those providers have first secured
and maintained liability insurance having policy limits of not
less than $75,000,000 per occurrence in the aggregate.__The
$75,000,000 aggregate limit is the maximum amount for all claims
and awards against all potentially responsible passenger rail
transportation service providers involved in a rail incident or
accident collectively.__A passenger rail transportation service
provider may enter into contracts that allocate financial
responsibility for claims or awards.__For the purposes of this
section, a "passenger rail transportation service provider"
includes for-profit and non-profit corporations and legal
entities that own, lease, operate or manage passenger trains or
passenger rail service, the Northern New England Passenger Rail
Authority, railroad companies and other legal entities
contracting with the Northern New England Passenger Rail
Authority for the provision of passenger rail service, railroad
companies that own, lease, provide track rights or maintain rail
lines over which passenger trains pass and operators of passenger
train services, but does not include Amtrak or its successor
organization.__This section does not affect immunities provided
state governmental entities under the Maine Tort Claims Act.

 
SUMMARY

 
This bill limits the liability arising from the providing of
passenger rail service to $75,000,000 in the aggregate.


LD 767 Title Page Top of Page LD 767 Title Page