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443
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MARVIN MANDEL, Governor
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REVISOR'S NOTE: This section presently appears as
Art. 41, §208E.
The only changes are in style.
8-640. CONSTRUCTION AND MAINTENANCE OF RAILROAD
CROSSINGS BY RAILROAD AND ADMINISTRATION.
(A) DUTY OF RAILROAD.
AT EACH GRADE CROSSING OF A HIGHWAY AND A RAILROAD,
THE RAILROAD SHALL:
(1) KEEP ITS ROADBED AND THE HIGHWAY IN
PROPER REPAIR SO AS TO PROVIDE ABSOLUTELY SAFE AND EASY
APPROACH TO AND CROSSING OF THE TRACKS; OR
(2) SUBJECT TO APPROVAL BY THE
ADMINISTRATION, CONSTRUCT A RAILROAD GRADE SEPARATION.
(B) GENERAL POWERS OF ADMINISTRATION.
(1) THE ADMINISTRATION MAY ABANDON, RELOCATE,
CONSTRUCT, OR RECONSTRUCT ANY RAILROAD GRADE CROSSING OR
RAILROAD GRADE SEPARATION THAT IS DANGEROUS OR
INCONVENIENT FOR PUBLIC TRAVEL.
(2) IF A RAILROAD GRADE CROSSING IS DANGEROUS
OR INCONVENIENT FOR PUBLIC TRAVEL, THE ADMINISTRATION MAY
CONSTRUCT A RAILROAD GRADE SEPARATION.
(C) WORK TO BE DONE BY RAILROAD.
(1) THE ADMINISTRATION MAY REQUIRE THE
RAILROAD TO DO ANY OF THE WORK NEEDED UNDER THIS SECTION,
ON THE TERMS AND CONDITIONS THAT THE ADMINISTRATION
SPECIFIES.
(2) IF THE RAILROAD FAILS TO DO ANY WORK
REQUIRED OF IT UNDER THIS SECTION, THE ADMINISTRATION MAY
PERFORM THE WORK ITSELF AND COLLECT THE RAILROAD'S SHARE
OF THE COST FROM THE RAILROAD.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 89B, §§
50, 51, and 52.
In subsection (a) of this section, the
reference in present §50 to required safety
equipment at railroad grade crossings is
deleted as unnecessary in light of §8-639 of
this subtitle. Also, the provisions of
present §50 on ex parte judgments are deleted
as obsolete.
In subsection (b) of this section, the
reference in present §51 to a railroad "worked
by steam or other power" is deleted as
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