A.R.S. tit. 40 ch. 4 — Arizona Revised Statutes Title 40 Chapter 4 — Railroads

40-801. Stock subscription required to form railroad corporation When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by not fewer than five persons who are citizens of the United States, the subscribers, in person or by proxy, may adopt articles of incorporation for the formation of a corporation to construct, own and maintain a railroad, and elect from among themselves not fewer than five nor more than thirteen directors to constitute the first board. 40-802. Articles of incorporation The articles of a railroad corporation formed under this article shall contain: 1. Name of corporation. 2. Duration of corporation, whether permanent or for a stated term of years. 3. Amount of capital stock. The capital stock shall be divided into shares of one hundred dollars each, and shall be sufficient for the contemplated cost of construction, right of way and rolling stock as estimated by the engineers employed by the corporation. 4. Names and number of the first directors. 5. Time and place of the annual stockholders' meeting, the place from and to which the proposed road is to be constructed, the counties into and through which it is intended to pass, and its length as near as can be determined. 6. Signatures of subscribers. Each subscriber to the articles shall personally, or by his attorney in fact, subscribe his name, place of residence and the number of shares of stock subscribed by him in the corporation. 40-803. Filing and recording articles; commencement of business; amendment of articles to provide for perpetual existence A. The articles of incorporation of a railroad corporation formed under the provisions of this article shall be filed, published and recorded, and a certificate of incorporation issued, as provided for corporations in general. The incorporation shall be deemed completed and the corporation may commence business upon the issuance of the certificate of incorporation. B. Articles of incorporation or consolidation of railroad corporations whether incorporated or consolidated under the laws of this state, or under the laws of this state and any other state or states, or any such articles which have been amended, may be further amended by removing any provision limiting the term of the corporation's existence and providing for the permanent existence thereof. The amendment shall be made in the manner prescribed for corporations in general, but the adoption of the amendment shall require, in addition: 1. Three-fourths of the votes cast at a stockholders' meeting duly called and held for that purpose. 2. The agreement by the corporation, upon affirmation by three-fourths of the votes cast at the stockholders' meeting, that in consideration of the right granted by the legislature to amend the articles of incorporation to provide for permanent existence of the corporation, it shall be subject to and bound by, the Constitution and laws of this state existing on the date the amendment is adopted. 3. The filing, recording and publishing of the agreement in the manner required of amendments of corporations in general. 40-804. Organization of board of directors; officers; adoption of by-laws by directors; ratification by shareholders A. The directors named in the articles of incorporation of a railroad corporation formed under this article shall meet and organize as a board of directors immediately after incorporation. They shall elect a president, secretary and treasurer to serve until the first annual meeting of the stockholders, or until their successors are elected and qualified. B. The directors shall adopt by-laws which shall provide: 1. For regular and special meetings of the stockholders, the notice required for the meetings, and by whom special meetings may be called. 2. For the qualifications of stockholders to vote at the meetings and the right of cumulative voting in the election of directors. 3. For the qualification and election of officers and directors, for their powers and duties, and for bonds for the faithful performance of their duties. 4. That no person shall be a director unless a stockholder. 5. That at least two of the directors shall be residents of this state. 6. That the stockholders may remove the president or any director, and elect others in their stead, at a meeting where notice of the intended removal has been given and at least two-thirds of the outstanding stock is represented in person or by proxy. C. The by-laws shall be ratified by a majority of the stockholders at a regular meeting or a special meeting called for that purpose. 40-805. Records required to be kept by secretary The secretary shall keep: 1. A record of the meetings of stockholders and directors, of all contracts entered into by the board of directors, and of the assets and liabilities of the corporation. 2. A stock ledger showing the names and residences of all stockholders, the shares held by each and the actual cash paid therefor. 3. A stock transfer book. 4. Other books necessary to show fully the corporate transactions. 40-806. Call for installments on stock subscriptions; notice; action to collect from defaulting subscriber The directors may make calls on stock subscriptions in installments of not more than ten per cent per month, unless otherwise stipulated in the subscription. Notice of each call shall be given the stockholders by mail, and shall be published once a week, for at least four weeks, in a newspaper published at the principal place of business of the corporation. If the subscriber defaults, action may be brought for collection of the subscription called, or so much of the stock as will be necessary to pay the call and the costs of sale may be sold at public auction in the manner provided in the by-laws. 40-807. Certification by president and secretary of paid-in capital stock The president and secretary, within thirty days after payment of the last installment of the capital stock as fixed and limited by the company, shall execute a certificate sworn to by them, stating the amount of capital so fixed and paid in, and file it with the corporation commission. 40-808. General powers of railroad corporations A. Railroad corporations may: 1. Sue and be sued. 2. Make contracts. 3. Acquire by purchase or gift, hold, and convey all property necessary or convenient for the construction, operation and maintenance of railroad and telegraph lines. B. Generally for the purpose of carrying on their business, railroad corporations shall have all the rights, powers, and privileges of natural persons. 40-809. Specific powers of railroad corporations A. Railroad corporations may: 1. Make surveys and select routes for railroad and telegraph lines, and for that purpose, enter upon private and public lands and waters, subject to responsibility for all damage caused thereby. 2. Lay out the railroad not exceeding two hundred feet wide, and construct and maintain it with single or double track, with facilities the directors deem necessary for the convenient use thereof. 3. Construct the railroad and telegraph lines across, along or upon any stream of water, water-course, street or highway, or across any railway, canal, ditch or flume which the lines intersect, cross or run along. The corporation shall restore them to their former state as near as possible in order not to impair their use or injure the franchises of others unnecessarily. 4. Cross, intersect or unite the railroad with any other railroad theretofore constructed at any points on the route thereof, and upon the premises of the other railroad, with the turn-out, sidings, switches and other conveniences necessary to make and complete the intersections and connections. The railroads shall unite in making the intersections and connections and the facilities therefor upon terms agreed upon between them, but, if they are unable to agree upon the compensation therefor, or the points at which, or the manner in which the intersections and connections shall be made, the compensation shall be ascertained and declared in the manner provided by law relating to eminent domain for taking private property for use of such corporations. 5. Take lands and materials to be used in the construction and maintenance of railroad and telegraph lines in the manner provided by law relating to eminent domain in the event such lands and materials cannot be obtained by agreement with the owners thereof. 6. Transport persons and property on their railroad and collect compensation therefor. 7. Take and enjoy by purchase, donation or condemnation as provided by law relating to eminent domain, natural springs and streams of water, or as much thereof as necessary in operating the railroad, together with the right of way thereto for pipes, ditches, canals and aqueducts for transporting the water thereof. 8. Regulate the speed of locomotives or other machinery used on the railroad, and establish, execute and enforce all useful regulations for management of its trains and business, and for securing the comfort, safety and good behavior of passengers, employees and agents, and for prevention and suppression of gambling on its cars. 9. Expel from its cars, using no more force than necessary, any passenger who upon demand refuses to pay his fare or who behaves in a rude, riotous or disorderly manner toward other passengers or the employees of the corporation in charge of the cars, or, upon his attention being called thereto, persists in violating the rules of the corporation against gambling on the cars. B. For the purposes of making embankments, excavations, ditches, drains, culverts and similar works, and of procuring timber, stone, gravel and other materials for the construction and security of the railroad, the corporation may take and occupy as much more land as necessary or convenient for such purposes. C. If a railroad company's right of way, track or roadbed upon its right of way passes through a canyon, pass or defile, it shall not prevent any other railroad from occupancy and use of the canyon, pass or defile in common with the railroad first located, or the crossing of other railroads at grades. Necessary expenses shall be equitably divided between the railroads occupying and using the same canyon, pass or defile. 40-810. Power to borrow money; issuance of notes and bonds; mortgage of property and franchise; sinking fund to redeem bonds A. Railroad companies may borrow amounts of money they deem necessary for constructing and completing railroads and may issue and dispose of bonds or promissory notes therefor, in denominations of not less than one hundred dollars, and at a rate of interest not exceeding ten per cent per annum, in an amount not exceeding their capital stock. They may issue bonds or promissory notes in payment of any debts or contracts for constructing and completing railroads with equipment and other property relative thereto. B. To secure the payment of the bonds or notes, railroad companies may mortgage their corporate property and franchise. C. The directors shall provide a sinking fund to be applied to the redemption of bonds on or before their maturity. 40-811. Contracting debt exceeding means of corporation to pay; classification; validity of debt A. Every officer, agent or stockholder of a railroad company, who knowingly assents to or has any agency in contracting a debt by or on behalf of such company, unauthorized by law for the purpose, the amount of which debt with other debts of the company exceeds the means for payment of its debts available, in its possession, under its control and belonging to it at the time such debt is contracted, including its bona fide and available stock subscriptions and exclusive of its real property, is guilty of a class 2 misdemeanor. B. The validity of the debt as against the company is not affected by the provisions of subsection A. 40-812. Extension of lines; purchase of property and franchise of another railroad company; sale of property; limitations; consolidations; exceptions A. Any railroad corporation operating in this state may extend its line of railroad into or through any other state or foreign country, and may purchase or lease the property of any railroad company incorporated under the laws of this state, or of any other state or foreign country, with all the rights, privileges or franchises pertaining thereto, or may buy the stocks and bonds, or either, of any such company. B. Any railroad company of this state may, with the consent of the holders of two-thirds of its capital stock given by a vote at a meeting or consented to in writing, sell or lease its railroad, franchises and appurtenances to any other railroad corporation. C. No purchase or lease under this section shall be entered into unless the railroad purchased or leased, or the railroad company whose stock is purchased, shall, when constructed, form a branch of, or a continuous line with the railroad of the purchasing company, either by direct connection therewith, or through an intermediate line or lines, constructed or to be constructed, which the first railroad company owns, leases or has the right by contract or otherwise to use or operate, provided that: 1. Upon the purchase of any railroad the corporation purchasing it shall assume all the liabilities and obligations existing at the time of the purchase against the railroad purchased. 2. When a railroad is purchased under or by virtue of a sale under an execution, or by virtue of a decree of any court, the purchase shall be subject to obligations provided for by the judgment or decree, and no other, and at the judicial sale a railroad corporation incorporated in any state may be the purchaser. C. Railroad corporations may consolidate their capital stock, properties, liabilities, and assets of every kind upon terms and in any manner agreed upon by their respective boards of directors. No consolidation shall take effect until it has been ratified and confirmed in writing by stockholders of the respective corporations representing three-fourths of the subscribed capital stock of the respective corporations. In case of consolidation, articles of incorporation and consolidation shall be prepared, setting forth: 1. The name of the new corporation. 2. The purpose for which it is formed. 3. The place where its principal business is to be transacted. 4. The term for which it is to exist, whether permanent or for a stated term of years. 5. The number of its directors, which shall not be less than five nor more than thirteen, and the names and residences of the persons appointed to act as directors until their successors are elected and qualified. 6. The amount of its capital stock, which shall not exceed the amount actually required for the purposes of the new corporation, as estimated by competent engineers, and the number of shares into which it is divided. 7. The amount of stock actually subscribed, and by whom. 8. The termini of its road and branches. 9. The estimated length of its road and branches. 10. That at least ten per cent of its subscribed capital stock has been paid in. 11. The names of the constituent corporations and the terms and conditions of consolidation in full. D. The articles of incorporation and consolidation shall be signed and countersigned by the presidents and secretaries of the constituent corporations and sealed with their corporate seals. There shall be annexed thereto memoranda of the ratification and confirmation thereof by the stockholders of each corporation, signed by stockholders representing at least three-fourths of the capital stock of the respective corporations. The articles shall be filed and recorded as other railroad corporation articles, and thereupon the constituent corporations named therein shall become extinct, and the new corporation shall succeed to all their capital stock and properties and be entitled to possess, enjoy and enforce them as fully and completely as either constituent might have done had no consolidation taken place, and shall be subrogated to all contracts and liabilities of the constituent corporations. E. This section shall not apply to competing lines of railroads starting from and terminating at the same points within this state. 40-813. Organization of new corporation on sale at foreclosure; powers A. When property of any railroad corporation located in this state is sold by virtue of a mortgage or deed of trust, pursuant to a judgment, or by virtue of an execution, the purchasers at the sale may acquire the property sold, together with other property and franchises of the corporation in this state, or elsewhere. The purchasers may become a corporation, with power to own, operate and enjoy the properties and franchises acquired by the purchase upon filing and recording articles of incorporation as a railroad corporation. The purchasers shall state in the articles the corporation whose property or part of whose property they have acquired, the court by whose authority the sale was made, the date of the judgment or decrees authorizing or directing the sale, a brief description of the property sold, and the plan or agreement entered into in anticipation of the formation of the new corporation and pursuant to which the purchase was made. B. Such corporation shall succeed to the rights, privileges and franchises of the corporation whose property it purchased, and shall be subject to such liabilities, regulations and restrictions, and possess such rights, as are granted or imposed by law upon other similar corporations incorporated under the laws of this state. 40-814. Duty of railroads to transport; liability for failure; exceptions A. Railroad corporations shall: 1. Start and run cars for the transportation of persons and property at regular and fixed times. 2. Furnish sufficient accommodations for all persons and property which, within a reasonable time previous to the time of departure, are offered for transportation at the place provided for taking and leaving persons and property. 3. Transport between such places persons and property upon the payment of lawful charges therefor. B. If a railroad corporation refuses or fails to transport persons or property as required by this section, or to leave the persons or property at the places of destination, it shall be liable to the party aggrieved for damages thereby sustained. C. Railroad corporations may decline to receive any person who is intoxicated, afflicted with contagious disease, or otherwise unfit to be admitted into its cars. 40-815. Establishment or maintenance of employee association involving compulsory membership or waiver of rights prohibited A person operating a railway in this state shall not establish or maintain a relief association or society the rules or by-laws of which require any employee to become a member thereof, or to enter into an agreement or stipulation, directly or indirectly, whereby the employee stipulates or agrees to surrender or waive any right of damage for personal injuries or death, or agrees to surrender or waive, in case he asserts such claim for damages, any right whatever. Any such agreement or contract signed or entered into by such person is void. 40-831. Right of way through public lands; appropriation of water A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state. B. Where deep excavations, heavy embankments or other cuttings, ditches, drains, canals, culverts or other structures to protect the roadbed and to facilitate its use and enjoyment are required for the grade or other uses, at such places a greater width of lands may be taken by the corporation and is granted to it not exceeding in addition five hundred feet in width, and the right is hereby further granted to the corporation to locate, occupy and hold as much of the lands as necessary for sites and grounds for watering places, stations and other buildings or structures along the line of the railroad necessary for the operation thereof. C. Such corporations may appropriate as much of the waters of any springs or streams on the lands as necessary to operate the lines, together with a right of way over the lands to the springs and streams for the pipes, ditches, aqueducts or other conduits, subject to the laws of the state. 40-832. Right of way through lands of persons under disability If it is necessary for any of the purposes enumerated in this article for a corporation to acquire land, estate or right therein, which is the property of the estate of an infant, insane person or deceased person, the personal representative may sell and convey the land, estate or right to the corporation, when approved by the judge of the superior court having jurisdiction thereof. The judge of the court shall examine into the terms and conditions of the sale and conveyance, and if just, fair and proper, shall enter an order of approval and endorse the approval upon the conveyance. Thereupon the conveyance shall have the same force and effect as conveyances made by persons competent to convey in their own right. 40-841. Duty of commission to prescribe standards of safety and safety devices For the purpose of protecting the health and safety of employees of railroads, the Arizona corporation commission shall prescribe standards of safety and safety devices requiring: 1. Installation and maintenance by railroads of electric marker warning lights on the rear of all trains with sufficient candle power to be visible at a distance of three thousand feet under ordinary atmospheric conditions. 2. Installation and maintenance by railroads of adequate electrical lighting within cabooses for clerical work. 40-842. Service of complaint; answer; hearing; intervention When an employee files a complaint with the commission charging violation of regulations of the commission, or the commission upon its own initiative issues a complaint, the person complained of shall be served with a copy thereof and shall, within twenty days, file a written answer with the commission. Within ten days after the answer is filed the commission shall set a date for hearing the complaint at a place convenient to both the complainant and the person complained of. The commission may, in its discretion, permit any interested person or organization to intervene. A party to the hearing may appear and be heard in person or by his representative, and may examine or cross-examine witnesses or present other evidence. On motion of a party, the commission may allow a continuance of not to exceed thirty days. 40-843. Order of decision upon hearing; allowance of time for compliance with order; review of order by superior court; appeal A. Within forty-five days after conclusion of a hearing held under the provisions of this article, the commission shall issue an order dismissing the complaint or requiring compliance with a regulation of the commission. The commission may, in its discretion, allow the employer not to exceed forty-five days within which to comply with an order. B. Upon petition any order of the commission shall be reviewed by the superior court of the county in which the place of employment is located, and in such action the chairman of the commission shall be the defendant. The decision of the superior court may be appealed to the supreme court. 40-844. Enforcement of article; compliance with commission regulations and orders A. All persons engaged in the operation of railroads shall comply with any regulation or order of the commission issued under the provisions of this article, and to furnish any information required by the commission for purposes of this article. B. The commission or its authorized agent may, during reasonable hours, enter the place of operation of any person engaged in the operation of railroads for the purpose of ascertaining whether the standards prescribed under this article are being complied with. 40-845. Violation; penalty; action to collect penalty A. Any person failing to comply with an order or regulation of the commission authorized by this article shall be liable to a penalty of twenty-five dollars for each day of noncompliance. B. The attorney general shall file an action on behalf of the state for any unpaid penalty within one year after the penalty accrues. C. Any common carrier railroad which is unable on or before January 1, 1956, to equip its cabooses as prescribed in this article may apply to the corporation commission for an extension of time. The commission may grant additional time, not to exceed nine months from January 1, 1956, and during such period the common carrier railroad shall not be subject to the fine prescribed by this section. 40-846. Electric headlights; violation; penalty A. Every railroad corporation, or receiver or lessee thereof, shall equip its locomotives used in the transportation of trains over the railroad, except locomotives regularly used in switching cars or trains, with electric headlights of not less than fifteen hundred candle power measured without the aid of a reflector. B. Any railroad company, or receiver or lessee thereof, doing business in this state, which violates the provisions of this section is liable to the state for a penalty of not less than one hundred nor more than one thousand dollars for each offense. C. Action shall be brought to recover such penalty in a court of competent jurisdiction in the name of the state by the attorney general or by the county attorney of any county in or through which the railroad is operated. 40-847. Bells on locomotives; violation; penalties A. Each railroad corporation shall equip its locomotives with a bell weighing not less than twenty pounds. B. Any railroad corporation which fails to comply with subsection A of this section is liable for a penalty of one hundred dollars which shall be recovered by an action filed by the attorney general in the name of the state. C. The amount recovered shall be paid as follows: 1. One half thereof to the informer, if there is an informer as determined by the court in which the action is filed. 2. One half thereof shall be deposited, pursuant to sections 35-146 and 35-147, under direction of the court. D. In addition to the penalty provided by subsection B of this section, the corporation shall be liable for all damages sustained by any person for failure of the corporation to comply with subsection A of this section. E. A separate action may be filed for each violation of subsection A of this section. 40-848. Automatic bell ringer required; violation; classification A. It is unlawful for any railroad to operate on its tracks within the state an engine not equipped with an automatically operated bell ringer for ringing the bell on the engine, which will cause the bell on the engine to continue to ring after being set in motion by the engineer or fireman. The device for starting or stopping the bell ringer shall be placed in a position where it can be operated by the engineer or fireman from his usual position in the cab. B. A railroad violating this section is guilty of a petty offense for each day that any locomotive engine is used in violation of this section, but if any ringer becomes out of order while the engine in which it is installed is in use, the engine may complete its trip. 40-849. Transportation of employees; equipment required; violation; classification; time to comply A. It is unlawful for an owner or operator of a common carrier railroad to transport its employees in, or for such purpose to furnish its employees with, a rail motor car not having the following equipment: 1. A transparent windshield made of safety glass or plastic and sufficient in width and height to afford reasonable protection. 2. A suitable mechanically operated device that will remove rain, snow and sleet from such windshield. 3. An electric head lamp of sufficient candle power to render visible under ordinary atmospheric conditions at a distance of three hundred feet any obstruction, landmark, warning sign or grade crossing on the railroad right of way. 4. At least one electric red lamp on the rear of such motor car with sufficient candle power to be visible at a distance of three hundred feet under ordinary atmospheric conditions. B. The head and rear lights provided for in subsection A shall only be required during the hours between one-half hour before sunset and one-half hour after sunrise. C. A common carrier railroad which is unable, on or before July 3, 1955, to equip its rail motor cars as prescribed by subsection A may apply to the corporation commission for an extension of time to do so. Upon a showing of good cause, the commission may grant additional time, not to exceed one year from July 3, 1955, to an operator or owner of a common carrier railroad within which to equip its rail motor cars as prescribed by subsection A. When extension of time is granted, the penalty provisions of subsection D shall not be applicable to such carrier during the period of the extension. D. Any owner or operator of a common carrier railroad who operates for or furnishes its employees with a rail motor car which is not equipped as prescribed by subsection A shall be guilty of a petty offense. Each day or part of a day a rail motor car not so equipped is operated or furnished its employees constitutes a separate offense. 40-852. Allowing engine or car to remain upon public crossing; classification An engineer, conductor or other employee or officer of a railroad company who permits a locomotive or cars to be or remain upon the crossing of a public highway over such railway so as to obstruct travel over the crossing for a period exceeding fifteen minutes, except in cases of unavoidable accident, is guilty of a class 2 misdemeanor. 40-854. Failure to warn at public crossing; classification A person in charge of a railroad locomotive who before crossing any traveled public way omits to cause the bell to ring or a whistle, siren or other sounding device to sound at a distance of at least eighty rods from a crossing and until it is reached, is guilty of a class 2 misdemeanor. 40-855. Violation of duty by railroad officer or employee; classification An officer, agent or servant of a railroad company who is guilty of any criminally negligent violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a class 2 misdemeanor. 40-856. Railroad police; powers; qualifications; liability of company A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. While engaged in the conduct of this employment, each railroad policeman so appointed shall possess and exercise all law enforcement powers of peace officers in this state. B. Any person appointed by a railroad company to act as a railroad policeman under the provision of subsection A of this section shall first have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. The railroad company shall file the name of each such railroad policeman, on the date of the peace officer's appointment, with the Arizona peace officer standards and training board. If the proposed railroad policeman meets the minimum qualifications established under section 41-1822, the Arizona peace officer standards and training board shall issue the appointee a certificate of authority to act as a peace officer and may thereafter revoke such certificate for good cause shown. C. Each railroad company appointing any railroad police shall be liable for any and all acts of such railroad police within the scope of their employment. Neither the state nor any political subdivision shall be liable for any act or failure to act by any such railroad policeman. 40-881. Train crew requirements A. A passenger, mail or express train composed of less than six cars, when operated outside yard limits shall carry a crew consisting of not less than one engineer, one fireman, one conductor and one flagman. This subsection shall not apply to gasoline motor cars. B. A passenger, mail or express train composed of six or more cars, when operated outside yard limits on main line tracks, shall carry a crew consisting of not less than one engineer, one fireman, one conductor, one flagman, and one brakeman. When such train is operated outside yard limits on branch lines (including the use of main lines where necessary to reach initial or final terminals of branch lines) it shall carry a crew consisting of not less than one engineer, one fireman, one conductor, and one brakeman. 40-882. Train crews; penalty for violation of full crew requirements A. It is unlawful for any railroad company, or for the receiver of such company, to run upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry for use in its operation, a full crew as provided by section 40-881. B. Each railroad company or receiver who runs upon any railroad or any part thereof within this state, any train, locomotive or engine which does not carry in its operation a full crew as provided by section 40-881, is liable to the state for a penalty of not less than one hundred dollars for every such offense. C. All actions for penalties to be recovered under this section shall be brought and prosecuted to judgment in the name of the state, as plaintiff, in a court of competent jurisdiction in the county of Maricopa, or in any county in the state into or through which the defendant's railroad line is operated, and the action shall be brought and prosecuted by the attorney general or under his direction, or by the county attorney of any such county. 40-883. Exceptions to full crew requirements A. Nothing contained in sections 40-881 and 40-882 shall apply: 1. To relief or wrecking trains when a sufficient number of persons are not immediately available to comply with those sections. 2. To any railroad less than forty miles long, including all of its operated lines. 3. When trains have been sent out or started at the last division point with the requisite number of employees, but, owing solely to disability or refusal of one or more of the employees to act, the train is left with less than a full crew. B. No baggage master shall be required in the operation of a train upon which baggage is not carried. 40-884. Train dispatcher; age and experience; violation; classification A railroad company or corporation operating a line of railroad within this state, which employs or permits any person to act as telegraph operator for the purpose of receiving or transmitting messages, orders or other instructions governing or affecting the movement of a train unless the person is at least eighteen years of age and has had not less than one year experience as a telegraph operator, is guilty of a petty offense. 40-886.02. Featherbedding It is the policy of the people of the state of Arizona that featherbedding practices in the railroad industry should be eliminated and that national settlement of labor controversies relating to the manning of trains should be made effective in Arizona. Accordingly, the award of the federal arbitration board no. 282 appointed by President John F. Kennedy pursuant to Congressional Public Law 88-108 of August 28, 1963, providing for the elimination of excess firemen and brakemen on diesel powered trains, or awards made pursuant thereto, shall be made effective in this state. Said award was the culmination of the proceedings originating with the presidential railroad commission which was appointed by President Dwight D. Eisenhower at the request of both railroad labor and management and which reported to President Kennedy on February 26, 1962. Nothing contained in the laws of this state shall prevent a common carrier by railroad from manning its trains in accordance with said award, in accordance with any federal legislation or awards pursuant thereto, or in accordance with any agreement between a railroad company and its employees or their representatives.