932 Laws of Maryland [Ch. 619
of registration of certain carriers in event of infringement or
violation of franchise rights of other carriers.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 100A be and it is hereby added to Article 78 of the
Annotated Code of Maryland (1957 Edition), title "Public Service
Commission", sub-title "Enforcement and Penalties", to follow im-
mediately after Section 100 thereof, and to read as follows:
100A. (a) Upon complaint filed with the Public Service Com-
mission by any carrier that a permit granted such carrier by the
Commission has been or is being infringed upon or violated, or that
any rights granted in any such permit are being exercised or used
by some other carrier or carriers without a permit, or that such
rights are being subjected to unrestricted or unregulated compe-
tition, or that any route set forth in the permit granted is being
served in whole or in part, directly or indirectly, by some other
carrier without a permit, or upon discovery of such violation or
infringement by the Commission's own investigation, then the Com-
mission shall notify such offender to appear before it and answer
such charges.
(b) Such notice shall be sent to or served upon the offending
carrier as provided by Section 78 of this Article.
(c) In the event the Commission shall find that the carrier
complained of is violating or infringing, or has violated or infringed
upon the rights of another carrier then the Commission shall
notify the offending carrier to cease such operations.
(d) In the event the offending carrier shall neglect or refuse
to obey the order of the Commission, the Commission shall notify
the carrier to show cause, within ten days from the date such
notice is mailed or served, why the registration certificate or certifi-
cates for the vehicle or vehicles involved in such operation should
not be suspended or revoked. If no cause is shown or if after hearing
the Commission shall find that no cause is shown, then the Com-
mission shall certify to the Commissioner of Motor Vehicles that
the registration certificate of each vehicle involved in the violation
or infringement shall be suspended or revoked, and the condition
of the suspension or revocation.
(e) Upon receipt of such certification the Commissioner of Motor
Vehicles shall automatically suspend or revoke the certificates of
registration in accordance with the conditions contained in the cer-
tification from the Public Service Commission. The Public Service
Commission shall, if possible, notify the Commissioner of Motor
Vehicles of the license number of the vehicle or vehicles the certifi-
cates of registration of which are to be suspended or revoked.
(f) There shall be no appeal from the action of the Commissioner
of Motor Vehicles but an action may be commenced to obtain judicial
review of any order or certification of the Public Service Com-
mission as provided in Sub-title "Judicial Review" of this Article.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.
Approved April 28, 1959.
|