MARVIN MANDEL, Governor                            2775

WHEREAS, With the advent of high-speed trains
passing through Maryland the accident exposure factor at
grade crossings has increased; and

WHEREAS, Existing jurisdiction and control over
railroad grade crossings is divided among the State,
counties and municipalities and the railroads; and

WHEREAS, For the purpose of promoting the public
safety, convenience and enjoyment of travel on the
highways and railroads in this State the General Assembly
declares it to be a policy of the State to have
centralized and uniform control of construction,
reconstruction or other modification of railroad grade
crossings and of changes in crossing protection
equipment; now, therefore

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 208E be and it is hereby added
to Article 41 — Governor—Executive and Administrative
Departments, of the Annotated Code of Maryland (1971
Replacement Volume and 1973 Supplement) to read as
follows:

Article 41 — Governor—Executive and Administrative

Departments

208E.

NOTWITHSTANDING ANY PROVISION OF ANY PUBLIC OR LOCAL
LAW TO THE CONTRARY, NO RAILROAD MAY CONSTRUCT,
RECONSTRUCT, IMPROVE, WIDEN, RELOCATE OR OTHERWISE ALTER
A CROSSING AT GRADE OVER A STATE, COUNTY OR MUNICIPAL
ROAD, OTHER THAN IN BALTIMORE CITY, OR OVER A PRIVATE
ROAD, AND NO RAILROAD MAY CHANGE THE CROSSING PROTECTION
EQUIPMENT AT SUCH A CROSSING, UNLESS APPLICATION IS MADE
TO, AND APPROVAL GIVEN TO THE PROPOSED CROSSING,
MODIFICATION OF CROSSING, OR CHANGS OF CROSSING
PROTECTION EQUIPMENT BY THE SECRETARY OF TRANSPORTATION.
THIS REQUIREMENT SHALL NOT APPLY TO TRACK SPURS OR
SIDINGS TO INDUSTRIES.

NO PUBLIC OR PRIVATE ROAD MAY BE CONSTRUCTED,
RECONSTRUCTED, IMPROVED, WIDENED, RELOCATED OR OTHERWISE
ALTERED AT GRADE OVER A RAILROAD, NOR MAY THE CROSSING
PROTECTION EQUIPMENT AT SUCH A CROSSING BE CHANGED,
UNLESS APPLICATION IS MADE TO, AND APPROVAL GIVEN TO THE
PROPOSED CROSSING, MODIFICATION OF CROSSING OR CHANGE OF
CROSSING PROTECTION EQUIPMENT BY THE SECRETARY OF
TRANSPORTATION.

UPON APPLICATION FOR APPROVAL, A HEARING SHALL BE
HELD ON THE PROPOSED CROSSING, MODIFICATION OF CROSSING