{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-2099.42.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-2099.42.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-2099.42.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-2099.42.html"}],"law_id":85353,"edition_id":1,"section_id":85353,"structure_id":16099,"section_number":"46.2-2099.42","catch_line":"Assignment of liability","history":"2001, c. 596; 2016, c. 431.","full_text":"A\n\nThe operator of an excursion train shall be liable for personal injury or wrongful death arising from the operation of such excursion train, including operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.B\n\nAny county, city, or town may by resolution determine that the provision of excursion train services within the locality promotes tourism and furthers other public purposes. Any railroad company that authorizes the operator of an excursion train to use its tracks and facilities for the purposes of this article shall not be liable for personal injury or wrongful death arising from the operation of such excursion train, including operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.C\n\nThe limitation of liability under subsection B does not apply if:1\n\nThe injury or damages result from intentional misconduct, malice, or gross negligence of the railroad company; or2\n\nThe operator of the excursion train was not operating in accordance with the definition of an excursion train under this chapter and the railroad company had otherwise authorized the operations that were inconsistent with this chapter.D\n\nEach passenger on the excursion train shall be deemed to have accepted and consented to the limitation of liability under this section. This agreement shall be governed by the laws of the Commonwealth as the place of performance notwithstanding any choice of law rules to the contrary.E\n\nThe railroad company may charge reasonable amounts to the operator of the excursion train for the use of its tracks and facilities as determined by agreement between the railroad company and the operator.","order_by":null,"text":{"0":{"id":305787,"text":"The operator of an excursion train shall be liable for personal injury or wrongful death arising from the operation of such excursion train, including operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305788,"text":"Any county, city, or town may by resolution determine that the provision of excursion train services within the locality promotes tourism and furthers other public purposes. Any railroad company that authorizes the operator of an excursion train to use its tracks and facilities for the purposes of this article shall not be liable for personal injury or wrongful death arising from the operation of such excursion train, including operations, maintenance, and signalization of the tracks and facilities upon which the excursion train operates.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305789,"text":"The limitation of liability under subsection B does not apply if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":305790,"text":"The injury or damages result from intentional misconduct, malice, or gross negligence of the railroad company; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":305791,"text":"The operator of the excursion train was not operating in accordance with the definition of an excursion train under this chapter and the railroad company had otherwise authorized the operations that were inconsistent with this chapter.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":305792,"text":"Each passenger on the excursion train shall be deemed to have accepted and consented to the limitation of liability under this section. This agreement shall be governed by the laws of the Commonwealth as the place of performance notwithstanding any choice of law rules to the contrary.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":305793,"text":"The railroad company may charge reasonable amounts to the operator of the excursion train for the use of its tracks and facilities as determined by agreement between the railroad company and the operator.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16099,"edition_id":1,"name":"Excursion Trains","identifier":"13","label":"article","depth":4,"order_by":1,"parent_id":13319,"metadata":{},"date_created":"2026-06-26 04:05:59","date_modified":"2026-06-26 04:05:59","permalink":{"id":232209,"object_type":"structure","relational_id":16099,"identifier":"13","token":"46.2\/V\/20\/13","url":"\/46.2\/V\/20\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13319,"edition_id":1,"name":"Regulation of Passenger Carriers","identifier":"20","label":"chapter","depth":3,"order_by":1,"parent_id":13318,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231967,"object_type":"structure","relational_id":13319,"identifier":"20","token":"46.2\/V\/20","url":"\/46.2\/V\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13318,"edition_id":1,"name":"Motor Carriers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":231965,"object_type":"structure","relational_id":13318,"identifier":"V","token":"46.2\/V","url":"\/46.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63535,"structure_id":16099,"section_number":"46.2-2099.41","catch_line":"Certification requirements","url":"\/46.2-2099.41\/","token":"46.2\/V\/20\/13\/46.2-2099.41","metadata":false},{"id":85353,"structure_id":16099,"section_number":"46.2-2099.42","catch_line":"Assignment of liability","url":"\/46.2-2099.42\/","token":"46.2\/V\/20\/13\/46.2-2099.42","metadata":false},{"id":72215,"structure_id":16099,"section_number":"46.2-2099.43","catch_line":"Notice to passengers","url":"\/46.2-2099.43\/","token":"46.2\/V\/20\/13\/46.2-2099.43","metadata":false}],"previous_section":{"id":63535,"structure_id":16099,"section_number":"46.2-2099.41","catch_line":"Certification requirements","url":"\/46.2-2099.41\/","token":"46.2\/V\/20\/13\/46.2-2099.41","metadata":false},"next_section":{"id":72215,"structure_id":16099,"section_number":"46.2-2099.43","catch_line":"Notice to passengers","url":"\/46.2-2099.43\/","token":"46.2\/V\/20\/13\/46.2-2099.43","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-2099.42\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 596<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 431<\/a>.<\/p>","references":[{"id":62379,"section_number":"15.2-6710","catch_line":"Assignment of liability","order_by":null,"url":"\/15.2-6710\/"}],"refers_to":false,"permalink":{"id":232215,"object_type":"law","relational_id":85353,"identifier":"46.2-2099.42","token":"46.2\/V\/20\/13\/46.2-2099.42","url":"\/46.2-2099.42\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-2099.42\/","token":"46.2\/V\/20\/13\/46.2-2099.42","dublin_core":{"Title":"Assignment of liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-2099.42","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The operator<\/span> of an excursion train<\/span> shall be liable for personal injury or wrongful death arising from the operation<\/span> of such excursion train<\/span>, including operations<\/span><\/span>, maintenance, and signalization of the tracks and facilities upon which the excursion train<\/span> operates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any county, city, or town may by resolution determine that the provision of excursion train<\/span> services within the locality promotes tourism and furthers other public purposes. Any railroad company that authorizes the operator<\/span> of an excursion train<\/span> to use its tracks and facilities for the purposes of this article shall not be liable for personal injury or wrongful death arising from the operation<\/span> of such excursion train<\/span>, including operations<\/span><\/span>, maintenance, and signalization of the tracks and facilities upon which the excursion train<\/span> operates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The limitation of liability under subsection B does not apply if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The injury or damages<\/span> result from intentional misconduct, malice<\/span>, or gross negligence<\/span> of the railroad company; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The operator<\/span> of the excursion train<\/span> was not operating in accordance with the definition of an excursion train<\/span> under this chapter and the railroad company had otherwise authorized the operations<\/span><\/span> that were inconsistent with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each passenger on the excursion train<\/span> shall be deemed to have accepted and consented to the limitation of liability under this section. This agreement shall be governed by the laws<\/span> of the Commonwealth as the place of performance notwithstanding any choice of law<\/span> rules to the contrary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The railroad company may charge reasonable amounts to the operator<\/span> of the excursion train<\/span> for the use of its tracks and facilities as determined by agreement between the railroad company and the operator<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENT OF LIABILITY (\u00a7 46.2-2099.42)\n\nA. The operator of an excursion train shall be liable for personal injury or\nwrongful death arising from the operation of such excursion train, including\noperations, maintenance, and signalization of the tracks and facilities upon\nwhich the excursion train operates.\n\nB. Any county, city, or town may by resolution determine that the provision of\nexcursion train services within the locality promotes tourism and furthers other\npublic purposes. Any railroad company that authorizes the operator of an\nexcursion train to use its tracks and facilities for the purposes of this\narticle shall not be liable for personal injury or wrongful death arising from\nthe operation of such excursion train, including operations, maintenance, and\nsignalization of the tracks and facilities upon which the excursion train\noperates.\n\nC. The limitation of liability under subsection B does not apply if:\n\n 1. The injury or damages result from intentional misconduct, malice, or gross\n negligence of the railroad company; or\n\n 2. The operator of the excursion train was not operating in accordance with\n the definition of an excursion train under this chapter and the railroad\n company had otherwise authorized the operations that were inconsistent with\n this chapter.\n\nD. Each passenger on the excursion train shall be deemed to have accepted and\nconsented to the limitation of liability under this section. This agreement\nshall be governed by the laws of the Commonwealth as the place of performance\nnotwithstanding any choice of law rules to the contrary.\n\nE. The railroad company may charge reasonable amounts to the operator of the\nexcursion train for the use of its tracks and facilities as determined by\nagreement between the railroad company and the operator.\n\nHISTORY: 2001, c. 596; 2016, c. 431.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}