Title 31: Recreation and Sports
Chapter 15: Ski Tramways
Table of Contents
§705. Enforcement, certificate
§706. Operators to pay cost of inspection
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It shall be the policy of the state of Vermont to prevent unnecessary hazards in the operation of ski tows, lifts and tramways, to insure that reasonable design and construction are used, that accepted safety devices are provided for and that periodic inspections and adjustments are made, all for the purpose of making safe the operation of ski tows, ski lifts and passenger tramways.
History: 1961, No. 266, §1, eff. Aug. 1, 1961.
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The following terms shall be construed as follows:
(1) "A passenger tramway" is a device used to transport passengers uphill on skis, or in cars on tracks or suspended in the air, by the use of steel cables, chains or belts or by ropes and usually supported by trestles or towers with one or more spans. The term passenger tramway shall include the following:
(A) "Two-car passenger tramway," a device used to transport passengers in two open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
(B) "Multi-car passenger tramway," a device used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
(C) "Skimobile," a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices.
(D) "Chair lift," a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices. A chair lift may be a "fixed grip lift" or a "detachable grip lift."
(E) "Surface lift," a type of transportation which pulls skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans. Surface lifts include so-called T bars, J bars, poma lifts, platter pulls and similar type devices.
(F) "Rope tow," a type of transportation which pulls the skiers riding on skis as the skier grasps the rope manually, or similar devices.
(G) "Detachable grip lift," an aerial lift on which carriers alternately attach to and detach from a moving haul rope. The tramway system may be mono-cable or bi-cable.
(H) "Fixed grip lift," an aerial lift on which carriers remain attached to a haul rope. The tramway system may be either continuous or intermittent circulating and either mono-cable or bi-cable.
(I) "Base rate," a rate which is determined annually by the passenger tramway board and which rate when multiplied by the formulae in section 707 of this title will result in the "fee due state."
(2) "Industry" shall mean the activities of all those persons in the state who own or control the operation of passenger tramways.
(3) "Operator" is a person who owns or controls the operation of a passenger tramway. The word "operator" shall include the state or any political subdivision.
(4) "Board" shall mean the passenger tramway board.
(5) "Department" shall mean the department of labor.
(6) "Lineal footage" is one-half of the total length of the cable or rope as determined when the tramway is installed.
History: 1961, No. 266, §2, eff. Aug. 1, 1961;
amended 1981, No. 36, §§1, 5;
1991, No. 206 (Adj. Sess.), §§1, 2;
2005, No. 103 (Adj. Sess.), §3, eff. April 5, 2006.)
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There is hereby created a passenger tramway board within the department of labor which shall consist of the commissioner of labor, ex officio, who shall serve as chairman, and four appointive members. The appointive members of said board shall be appointed by the governor. Two of the appointive members who are first appointed shall be designated to serve terms of two years and two of the appointive members shall be designated to serve terms of four years, but thereafter appointive members shall be appointed for terms of four years except that all vacancies shall be filled for the unexpired term. An appointive member shall hold office until his successor has been appointed and has qualified. Two appointive members shall be engaged in the industry and two shall be representatives of the public at large. Appointive members of the board shall receive as compensation the sum of $15.00 per diem for their services and their necessary expenses when in the performance of their duties.
History: 1961, No. 266, §3, eff. Aug. 1, 1961; amended 1963, No. 108, §1, eff. May 28, 1963; No. 193, §37, eff. June 28, 1963; 2005, No. 103 (Adj. Sess.), §3, eff. April 5, 2006.)
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The board may, in accordance with chapter 25 of Title 3, adopt reasonable rules relating to public safety in the construction, operation, maintenance and inspection of passenger tramways. The rules authorized hereunder shall conform as nearly as practicable to established standards, if any, and shall not be discriminatory in their application to operators of passenger tramways. Rules adopted by the board shall in no way reduce or diminish the standard of care imposed upon passenger tramway operators under existing law.
History: 1961, No. 266, §4, eff. Aug. 1, 1961; amended 1981, No. 36, §2.
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§705. Enforcement, certificate
The department shall enforce the rules adopted by the board, and inspect the construction, operation and maintenance of passenger tramways to determine whether the rules adopted by the board have been complied with by the operators. Certification of compliance by a qualified inspector who has been approved by the department may be accepted by the department instead of other inspection. In any legal proceedings, a certificate of compliance issued pursuant to this section shall be competent evidence only for the purpose of establishing the fact of issuance of said certificate and for no other purpose.
History: 1961, No. 266, §5, eff. Aug. 1, 1961; amended 1963, No. 108, §2, eff. May 28, 1963.
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§706. Operators to pay cost of inspection
The expenses of the department in connection with making the inspections under section 705 of this title shall be paid in the first instance by the department. However, each operator shall, upon notification by the department of the amount due, reimburse the department for the expense of specialized assistance which may be employed by the department in making inspections. The department shall not charge in excess of $25.00 per hour for the services of special assistants. It may include traveling time and expenses in addition. The reimbursement shall be credited to the revolving fund created under this chapter.
History: (1961, No. 266, §6, eff. Aug. 1, 1961; amended 1981, No. 36, §3.)
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(a) A passenger tramway shall not be operated in this state unless the operator thereof has been registered by the department. On or before the 1st day of November in each year every operator of a passenger tramway shall apply to the department on forms prepared by it for registration hereunder. The application shall contain such information as the department may require and shall be accompanied by a registration fee, according to the formula stated in this section. The department shall assess total registration fees in the sum of the amount approved in the appropriations process for the program for that fiscal year, adjusted by any balance in the passenger tramway special fund from the prior fiscal year.
(b) Each operator shall pay a proportionate share of the total registration fees as determined by the total lineal feet of each type of tramway operated as follows:
(1) the operator's total lineal footage of multi-car passenger tramways times the product of the base rate times 150 percent;
(2) the operator's total lineal footage of detachable grip chair lifts times the product of the base rate times 125 percent;
(3) the operator's total lineal footage of fixed grip chair lifts times the base rate;
(4) the operator's total lineal footage of surface lifts and rope tows times the product of the base rate times 50 percent;
(5) all tramways being registered for the first time shall pay a sum equal to five times the registration fee required to be paid for similar type tramways which have previously been registered;
(6) all major modifications of existing passenger tramways where the department has determined that a 50 percent alteration or upgrade of structural, mechanical, or electrical systems has occurred or where the department has determined that a full load test of the lift is required, shall pay a fee according to the following schedule:
(A) drive terminal, tension terminal, or mid-station terminal M-modification (50 percent or more) shall pay an equivalent annual registration fee times two;
(B) any two of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times three;
(C) any three of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times four;
(D) towers, structures, and foundation M-modification (50 percent or more) not including any of the M-modifications listed in subdivision (b)(6)(A) of this section shall pay an equivalent annual registration fee times two;
(E) any combination of the above in aggregate shall never exceed five times the registration fee required for first time registration;
(7) any passenger tramway that operates for more than five days singly or in aggregate, between the periods of June 1 through October 30, shall pay an annual registration fee equal to that of a similar type tramway plus 25 percent.
(c) For purposes of computing the base rate, "lineal footage" means the total lineal footage of each type of tramway registered during the previous operating year.
(d) [Repealed.]
(e) All fees collected under this section shall be credited to a special fund for the department to be expended for carrying out its duties under this chapter.
History: 1961, No. 266, §7, eff. Aug. 1, 1961;
amended 1965, No. 183;
1969, No. 46;
1971, No. 227 (Adj. Sess.), §§1-3, eff. April 5, 1972;
1975, No. 254 (Adj. Sess.), §162(h);
1977, No. 119 (Adj. Sess.), §3, eff. Feb. 7, 1978;
1981, No. 36, §4; 1985, No. 26; No. 74, §304;
1989, No. 210 (Adj. Sess.), §288;
1991, No. 206 (Adj. Sess), §§3, 4;
1995, No. 186 (Adj. Sess.), §4, eff. May 22, 1996;
1999, No. 49, §149.
If, after investigation, the department finds that a violation of any of the rules exists, or that there is a condition in passenger tramway construction, operation or maintenance endangering the safety of the public, it shall forthwith issue its written order setting forth its findings, the corrective action to be taken, and fixing a reasonable time for compliance therewith. The order shall be served upon the operator involved by registered mail and shall become final unless the operator applies to the board for a hearing in the manner provided in section 709 of this title.
History: 1961, No. 266, §8, eff. Aug. 1, 1961.
Whenever the condition is deemed to be imminently hazardous, involving the safety of passengers, the department's representative shall be authorized to order the operator in writing to immediately suspend operation of the tramway, until such time as the hazardous condition has been remedied.
History: Added 1971, No. 227 (Adj. Sess.), §4, eff. April 5, 1972.
Any operator who is aggrieved by department order may, within ten days after service thereof upon him, apply to the board for a review of the order. The board shall hold a hearing thereon at the earliest convenient day. At the hearing, the operator shall have a right to a full hearing, including the right to be heard personally and by counsel, to cross-examine witnesses and to produce evidence in his own behalf. After the hearing, the board shall report its findings, in writing, and make such order as the facts may require.
History: 1961, No. 266, §9, eff. Aug. 1, 1961.
Any operator who is aggrieved by any order of the department following the hearing provided in section 709 of this title may, within thirty days after entry thereof, appeal to the superior court for the county in which the passenger tramway is located. An appeal shall not suspend the operation of the order made by the board, but the superior court may suspend the order of the board pending determination of the appeal whenever, in the opinion of the court, justice may require its suspension. The superior court shall hear the appeal and make such decree as justice may require.
History: 1961, No. 266, §10, eff. Aug. 1, 1961;
amended 1973, No. 193 (Adj. Sess.), §3, eff. April 9, 1974.
If any operator fails to comply with a lawful order issued under sections 708 and 709 of this title, the department may order the operator to cease operations for such time as it considers necessary for the protection of the safety of the public.
History: 1961, No. 266, §11, eff. Aug. 1, 1961.
(a) Operating without registration. Any operator who operates a passenger tramway without being registered by the department shall be fined not more than $50.00 for each day of operation.
(b) After suspension. Any person who operates a passenger tramway after being ordered to cease operations shall be fined not more than $100.00 for each day of illegal operation.
History: 1961, No. 266, §12, eff. Aug. 1, 1961.