A. A person may apply to the Department for certification as an operator of an excursion train. The Department shall certify an applicant if the Department determines that the applicant will operate a passenger train that:
2. Leads to the promotion of the tourist industry in the Commonwealth.
1. The name and address of each person who owns an interest of at least 10 percent of the excursion train operation;
2. An address in the Commonwealth where the excursion train is based;
3. An operations plan, including the route to be used and a schedule of operations and stops along the route; and
4. Evidence of insurance that meets the requirements of subsection C.
C. The Department shall not certify to a person under subsection A unless the person files with the Department evidence of insurance providing coverage of liability resulting from injury to persons or damages to property in the amount of at least $10 million for the operation of the train.
D. The Department shall not certify an applicant under subsection A if the applicant or any other person owning interest in the excursion train also owns or operates a regularly scheduled passenger train service with interstate connection.