277.315 Liability insurance requirement for special passenger excursion trains --
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/ky/277-315A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Limitation of damages.
(1)As used in this section:
(a)"Nonprofit sponsor" means a corporation whose purpose includes the historic
preservation of documents, memorabilia, and equipment associated with the
railroad industry, and public education regarding the history, current
functions, and future of railroad transportation and which is exclusive to
religious, scientific, literary, or educational within the meaning of 26 U.S.C.
sec. 501(c)(3) as amended; and
(b)"Special passenger excursion train" means a train offered by a nonprofit
sponsor to the public for operation over a common carrier railroad or railroad
authority.
(2)Notwithstanding any other statute to the contrary, liability for all claims, whether
for compensatory damages or punitive damages arising from a rail incident or
accident occurring in the Commonwealth, and made against a nonprofit sponsor of
a special passenger excursion train or owner or operator of an excursion train or
against the railroad or rail authority over whose tracks the special passenger
excursion train was operated when the accident or incident occurred, shall not
exceed the valid and collectible liability insurance coverage maintained on the
special passenger excursion train. The sponsor of a special passenger excursion
train shall maintain or provide evidence of insurance coverage of not less than five
million dollars ($5,000,000) per occurrence or per claim. A nonprofit sponsor shall
provide evidence of such coverage upon demand of the Transportation Cabinet.