Table of Contents Sec. 29-201. (Formerly Sec. 19-418a). Definitions. As used in this chapter unless
the context clearly indicates otherwise: Sec. 29-202. (Formerly Sec. 19-418b). Requirements for passenger tramways
in use. Each passenger tramway used or intended for use in this state shall be constructed,
equipped, maintained and operated so as to transport passengers safely according to the
provisions of this chapter and the regulations of the commissioner enacted hereunder. Sec. 29-203. (Formerly Sec. 19-418c). Regulations, standards. The commissioner shall adopt reasonable regulations relating to public safety in the construction,
operation, maintenance and inspection of passenger tramways. The regulations authorized hereunder shall conform as nearly as practicable to established standards, if any,
and shall not be discriminatory in their application to operators. Such regulations shall
be promulgated in accordance with chapter 54, and shall in no way reduce or diminish
the standard of care imposed upon passenger tramway operators under existing law. Sec. 29-204. (Formerly Sec. 19-418d). Plans and specifications, submission,
approval, notice. Final inspection. Fee. No new passenger tramway shall be erected
or installed and no passenger tramway shall be relocated or altered until detailed plans
and specifications of the proposed construction or other work have been submitted in
duplicate to the department for approval. A fee of one hundred dollars payable to the
Department of Public Safety shall accompany each such proposal. Notice that such plans
are approved or disapproved shall be given within a reasonable time, and final inspection
of the passenger tramway, when installed, relocated or altered, shall be made before
final approval for operating is given by the department. Sec. 29-205. (Formerly Sec. 19-418e). Registration of each passenger tramway
required. The operator of each passenger tramway covered by this chapter shall register
with the department each passenger tramway operated by him, giving such information
concerning such tramway as the commissioner may require. Such registration shall be
made on a form to be furnished by the department. Sec. 29-206. (Formerly Sec. 19-418f). Operating certificate, inspections, fees.
The department shall enforce the regulations adopted pursuant to section 29-203, and
shall inspect the construction, operation and maintenance of passenger tramways to
determine whether such regulations have been complied with by the operators. Each
passenger tramway shall be thoroughly inspected by a qualified inspector approved by
the department at least once every twelve months. More frequent inspections of any
passenger tramway may be made if the condition thereof indicates that additional inspections are necessary or desirable. As soon as the department inspects and approves any
passenger tramway as being fit for operation, it shall issue to the operator, upon receipt
of a fee of one hundred fifty dollars, a certificate of operation with such conditions and
limitations as the commissioner shall prescribe. Such certificate shall be valid for twelve
months and shall be renewed yearly, if the department approves the passenger tramway,
upon payment of a renewal fee of eighty dollars. No passenger tramway may be operated
without such operating certificate. Sec. 29-207. (Formerly Sec. 19-418g). Order to discontinue operation. Permission for resumption. If any passenger tramway is found to be, in the judgment of
the department, dangerous to public safety or is being operated without the operating
certificate required in section 29-204 or is being operated in violation of any regulation
adopted under this chapter, the department may require the operator of such passenger
tramway to discontinue its operation forthwith. When a passenger tramway has been
placed out of service pursuant to this section, the operator of such tramway shall not
again operate such tramway until repairs have been made, an operating certificate has
been obtained, or the violation is discontinued and permission given by the commissioner or his authorized agent to resume operation of such tramway. Sec. 29-208. (Formerly Sec. 19-418h). Complaints. Any person may make a written complaint to the commissioner setting forth any alleged violation of this chapter or
of any regulation promulgated under the authority of this chapter, or setting forth any
condition in a passenger tramway which is alleged to endanger the safety of the public. Sec. 29-209. (Formerly Sec. 19-418i). Judicial review of commissioner's decisions. Any person aggrieved by any decision or order of the commissioner or department
under the provisions of this chapter may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district
wherein such passenger tramway is situated. Sec. 29-210. (Formerly Sec. 19-418j). Penalties. Any person who violates any of
the provisions of this chapter or any of the regulations adopted hereunder shall, for the
first offense, be fined not less than twenty-five dollars nor more than one hundred dollars,
and for each subsequent offense, shall be guilty of a class C misdemeanor. Sec. 29-211. (Formerly Sec. 19-418k). Duties of operator of passenger tramway or ski area. In the operation of a passenger tramway or ski area, each operator
shall have the obligation to perform certain duties including, but not limited to: (1)
Conspicuously marking all trail maintenance vehicles and furnishing the vehicles with
flashing or rotating lights which shall be operated whenever the vehicles are working
or moving within the skiing area; (2) conspicuously marking the location of any hydrant
or similar device used in snow-making operations and placed on a trail or slope; (3)
conspicuously marking the entrance to each trail or slope with a symbol, adopted or
approved by the National Ski Areas Association, which identifies the relative degree
of difficulty of such trail or slope or warns that such trail or slope is closed; (4) conspicuously marking all lift towers within the confines of any trail or slope; (5) maintaining
one or more trail boards at prominent locations within the ski area displaying such area's
network of ski trails and slopes, designating each trail or slope in the same manner as
in subdivision (3) and notifying each skier that the wearing of ski retention straps or
other devices used to prevent runaway skis is required by this section, section 29-201
and sections 29-212 to 29-214, inclusive; (6) in the event maintenance men or equipment
are being employed on any trail or slope during the hours at which such trail or slope
is open to the public, conspicuously posting notice thereof at the entrance to such trail
or slope; and (7) conspicuously marking trail or slope intersections. Sec. 29-212. (Formerly Sec. 19-418l). Assumption of risk of injury by skier,
when. Each skier shall assume the risk of and legal responsibility for any injury to his
person or property arising out of the hazards inherent in the sport of skiing, unless the
injury was proximately caused by the negligent operation of the ski area by the ski area
operator, his agents or employees. Such hazards include, but are not limited to: (1)
Variations in the terrain of the trail or slope which is marked in accordance with subdivision (3) of section 29-211 or variations in surface or subsurface snow or ice conditions,
except that no skier assumes the risk of variations which are caused by the operator
unless such variations are caused by snow making, snow grooming or rescue operations;
(2) bare spots which do not require the closing of the trail or slope; (3) conspicuously
marked lift towers; (4) trees or other objects not within the confines of the trail or slope;
(5) boarding a passenger tramway without prior knowledge of proper loading and unloading procedures or without reading instructions concerning loading and unloading
posted at the base of such passenger tramway or without asking for such instructions;
and (6) collisions with any other person by any skier while skiing. Sec. 29-213. (Formerly Sec. 19-418m). Prohibited conduct by skiers. No skier
shall: (1) Intentionally drop, throw or expel any object from a passenger tramway; (2)
do any act which shall interfere with the running or operation of a passenger tramway;
(3) use a passenger tramway without the permission of the operator; (4) place any object
in the skiing area or on the uphill track of a passenger tramway which may cause a skier
to fall; (5) cross the track of a J bar lift, T bar lift, platter pull or similar device or a rope
tow, except at a designated location; (6) depart from the scene of a skiing accident when
involved in the accident without leaving personal identification, including name and
address, or before notifying the proper authorities and obtaining assistance when such
skier knows that any other skier involved in the accident is in need of medical or other
assistance; (7) fail to wear retention straps or other devices used to prevent runaway skis. Sec. 29-214. (Formerly Sec. 19-418n). Special defense to civil action against
operator by skier. It shall be a special defense to any civil action against an operator
by a skier that such skier: (1) Did not know the range of his own ability to negotiate any
trail or slope marked in accordance with subdivision (3) of section 29-211; (2) did not
ski within the limits of his own ability; (3) did not maintain reasonable control of speed
and course at all times while skiing; (4) did not heed all posted warnings; (5) did not
ski on a skiing area designated by the operator; or (6) did not embark on or disembark
from a passenger tramway at a designated area. In such civil actions the law of comparative negligence shall apply.
Sec. 29-201. (Formerly Sec. 19-418a). Definitions.
Sec. 29-202. (Formerly Sec. 19-418b). Requirements for passenger tramways in use.
Sec. 29-203. (Formerly Sec. 19-418c). Regulations, standards.
Sec. 29-204. (Formerly Sec. 19-418d). Plans and specifications, submission, approval, notice. Final inspection. Fee.
Sec. 29-205. (Formerly Sec. 19-418e). Registration of each passenger tramway required.
Sec. 29-206. (Formerly Sec. 19-418f). Operating certificate, inspections, fees.
Sec. 29-207. (Formerly Sec. 19-418g). Order to discontinue operation. Permission for resumption.
Sec. 29-208. (Formerly Sec. 19-418h). Complaints.
Sec. 29-209. (Formerly Sec. 19-418i). Judicial review of commissioner's decisions.
Sec. 29-210. (Formerly Sec. 19-418j). Penalties.
Sec. 29-211. (Formerly Sec. 19-418k). Duties of operator of passenger tramway or ski
area.
Sec. 29-212. (Formerly Sec. 19-418l). Assumption of risk of injury by skier, when.
Sec. 29-213. (Formerly Sec. 19-418m). Prohibited conduct by skiers.
Sec. 29-214. (Formerly Sec. 19-418n). Special defense to civil action against operator by
skier.
Secs. 29-215 to 29-220.
(a) "Passenger tramway" means a device used to transport passengers in cars on
tracks or suspended in the air, or uphill on skis, by the use of steel cables, chains or belts
or by ropes, and usually supported by trestles or towers with one or more spans, but
shall not include any such device not available for public use and not subject to a fee
for use of same. The term passenger tramway shall include the following: (1) Two-car
aerial passenger tramways, which are devices 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; (2) multicar
aerial passenger tramways, which are devices 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; (3)
skimobiles, which are devices in which a passenger car running on steel or wooden
tracks is attached to and pulled by a steel cable, or similar devices; (4) chair lifts, which
are devices which carry passengers 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; (5) J bars, T bars, platter pulls and similar types of devices, which
are means of transportation that pull skiers riding on skis by means of an attachment to
a main overhead cable supported by trestles or towers with one or more spans; (6) rope
tows, which are devices that pull the skiers riding on skis as the skier grasps the rope
manually, or similar devices.
(b) "Operator" means a person who owns or controls the operation of a passenger
tramway or ski area. An operator of a passenger tramway shall be deemed not to be
operating a common carrier.
(c) "Department" means the Department of Public Safety.
(d) "Commissioner" means the Commissioner of Public Safety.
(e) "Skier" shall include the following: (1) A person utilizing the ski area under
control of the operator for the purpose of skiing, whether or not he is utilizing a passenger
tramway; (2) a person utilizing the passenger tramway whether or not that person is a
skier, including riders on a passenger tramway operating during the nonskiing season.
(P.A. 73-422, S. 1; P.A. 77-614, S. 514, 610; P.A. 79-629, S. 1.)
History: P.A. 77-614 replaced labor department and commissioner with department and commissioner of public safety,
effective January 1, 1979; P.A. 79-629 included as operators persons owning or controlling operation of ski areas; Sec.
19-418a transferred to Sec. 29-201 in 1983.
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(P.A. 73-422, S. 2.)
History: Sec. 19-418b transferred to Sec. 29-202 in 1983.
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(P.A. 73-422, S. 3.)
History: Sec. 19-418c transferred to Sec. 29-203 in 1983.
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(P.A. 73-422, S. 4; P.A. 80-297, S. 7, 20; P.A. 85-560, S. 3.)
History: P.A. 80-297 imposed ten-dollar fee for proposals; Sec. 19-418d transferred to Sec. 29-204 in 1983; P.A. 85-
560 increased fee accompanying construction plans from ten to one hundred dollars.
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(P.A. 73-422, S. 5.)
History: Sec. 19-418e transferred to Sec. 29-205 in 1983.
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(P.A. 73-422, S. 6, 8; P.A. 80-297, S. 8, 20; P.A. 85-560, S. 4; P.A. 89-163; May Sp. Sess. P.A. 92-6, S. 63, 117.)
History: P.A. 80-297 increased fee for first certificate from fifteen to twenty-five dollars and for renewal from ten to
twenty dollars; Sec. 19-418f transferred to Sec. 29-206 in 1983; P.A. 85-560 amended Subsec. (a), increasing fees (1) for
the initial issuance of certificates of operation from twenty-five to one hundred dollars and (2) for renewal certificates
from twenty to forty dollars; P.A. 89-163 deleted Subsec. (b) re payment of expenses of department in making inspections
and requiring operator to reimburse department for expenses of inspection; May Sp. Sess. P.A. 92-6 increased the fee for
certificate of operation from one hundred to one hundred fifty dollars and the renewal fee from forty to eighty dollars.
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(P.A. 73-422, S. 7.)
History: Sec. 19-418g transferred to Sec. 29-207 in 1983.
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(P.A. 73-422, S. 9.)
History: Sec. 19-418h transferred to Sec. 29-208 in 1983.
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(P.A. 73-422, S. 10; P.A. 74-183, S. 171, 291; P.A. 76-436, S. 151, 681; P.A. 77-603, S. 55, 125; P.A. 78-280, S. 1, 127.)
History: P.A. 74-183 replaced superior court with court of common pleas, effective December 31, 1974; P.A. 76-436
replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced provision for petition
for review to court with provision for appeals in accordance with Sec. 4-183; P.A. 78-280 deleted reference to counties;
Sec. 19-418i transferred to Sec. 29-209 in 1983.
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(P.A. 73-422, S. 11.)
History: Sec. 19-418j transferred to Sec. 29-210 in 1983.
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(P.A. 79-629, S. 2.)
History: Sec. 19-418k transferred to Sec. 29-211 in 1983.
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(P.A. 79-629, S. 3.)
History: Sec. 19-418l transferred to Sec. 29-212 in 1983.
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(P.A. 79-629, S. 4.)
History: Sec. 19-418m transferred to Sec. 29-213 in 1983.
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(P.A. 79-629, S. 5.)
History: Sec. 19-418n transferred to Sec. 29-214 in 1983.
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