40-371. Limitation of passenger fares to three cents per mile; exceptions; violation; classification

A. A company or corporation operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall not ask, demand or receive for first class transportation for each passenger between points within this state, on the portion of its railroad operated within this state, more than three cents per mile, until otherwise provided by law. The corporation commission may exempt any railroad from the operation of this section upon satisfactory proof that the railroad cannot earn a just and reasonable compensation for the services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state.

B. If any railroad operating within this state makes application to the commission to be exempt from the operation of this section, and the application is accompanied by an affidavit showing facts that the railroad cannot earn a just and reasonable compensation for services rendered by it to the public if not permitted to charge more than three cents per mile for the transportation of passengers within this state, then the operation of this section shall be suspended pending the hearing upon the application and until final judgment is given by the commission upon the application.

C. Any company or corporation operating a railroad, as provided in subsection A, which violates any of the provisions of this section is guilty of a petty offense. Each violation shall constitute a separate offense.