Public Nuisance - Common Carriers - Damage to Public Infrastructure
If enacted, SB785 will classify violations of this law as a public nuisance, thereby granting the Attorney General or local State’s Attorneys the authority to take civil action against offending common carriers. This includes seeking injunctive and declaratory relief, as well as compensatory damages that cover the costs associated with repairing or replacing damaged infrastructure. Additionally, common carriers found in violation of the bill will face civil penalties of $1,000 per day for each day the nuisance continues until the infrastructure is sufficiently repaired or replaced.
Senate Bill 785 aims to address the issue of damage caused to public infrastructure by common carriers. The bill prohibits these carriers, which include various forms of public transportation like railroad companies and taxi services, from causing damage that necessitates the closure of public infrastructure owned or maintained by the state or local governments. The intent of the bill is to protect vital infrastructure such as bridges and highways from neglect or carelessness by those who transport goods and people across these entities.
The introduction of SB785 may lead to debates over the extent to which common carriers can be held liable for damages to public infrastructure. Proponents might argue that the bill is necessary to ensure accountability for transport companies and to prevent avoidable disruptions in essential public services. Critics, however, may voice concerns regarding the financial burdens this could impose on transport providers and whether such penalties could discourage transportation operations, particularly for smaller companies fulfilling public transit needs.