2940

LAWS OF MARYLAND

Ch. 834

(B) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS

SECTION, EVERY RAILROAD COMPANY OPERATING A RAILROAD IN THIS
STATE SHALL REPORT, IN WRITING OR ORALLY, TO THE
COMMISSIONER, WITHIN 24 HOURS PROMPTLY AFTER THE OCCURRENCE
OF ANY AN ACCIDENT RESULTING IN A SERIOUS INJURY OR FATALITY
TO ANY PERSON, OR DAMAGE TO PROPERTY EXCEEDING $2,900 OR
SUCH OTHER SUM AS DETERMINED BY FEDERAL REGULATIONS INCURRED
DURING THE OPERATION OF THE RAILROAD IN THE STATE. THE
COMMISSIONER SHALL INVESTIGATE THE OCCURRENCE WITHIN 24
HOURS PROMPTLY AFTER RECEIVING NOTIFICATION OF AN ACCIDENT.

(B) EVERY RAILROAD COMPANY SHALL BE REQUIRED TO
PROMPTLY SUBMIT TO THE COMMISSIONER COPIES OF ALL ACCIDENT
AND INCIDENT REPORTS FILED WITH THE FEDERAL RAILROAD
ADMINISTRATION OF ACCIDENTS AND INCIDENTS OCCURRING IN THE
STATE.

88.

(A)  IF, AFTER INSPECTION OR INVESTIGATION OF ANY
RAILROAD IN THE STATE, THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVE DETERMINES THAT ANY MACHINERY, APPARATUS,
DEVICES, OR EQUIPMENT OR ANY PART OF THEM IS IN VIOLATION OF
ANY RULE, REGULATION, OR STANDARD PROMULGATED UNDER THIS
SUBTITLE, AND THERE IS A SUBSTANTIAL PROBABILITY OF DEATH OR
SERIOUS PHYSICAL HARM TO ANY PERSON OR DAMAGE TO PROPERTY
FROM CONTINUED USE, WRITTEN NOTICE SHALL BE GIVEN TO THE
RAILROAD COMPANY OR ITS AGENT IN CHARGE OF THE OPERATION. A
COPY OF THE NOTICE WILL BE ATTACHED TO THE MACHINERY,
APPARATUS, DEVICE, OR EQUIPMENT. AFTER THE NOTICE OF
VIOLATION IS ISSUED AND ATTACHED, THE USE OF THE MACHINERY,
APPARATUS, DEVICE, OR EQUIPMENT IS PROHIBITED, EXCEPT FOR
SUCH USE AS NECESSARY FOR THE REPAIR OF THE MACHINERY,
APPARATUS, DEVICE, OR EQUIPMENT AND TO PROVIDE THE REQUIRED
SAFEGUARDS. THE NOTICE MAY NOT BE REMOVED UNTIL THE
MACHINERY, APPARATUS, DEVICE, OR EQUIPMENT IS MADE SAFE AND
THE REQUIRED SAFEGUARDS ARE PROVIDED. THE NOTICE MAY NOT BE
REMOVED EXCEPT BY THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVE.

(B)  ANY PERSON AGGRIEVED BY A DECISION OF THE
COMMISSIONER MADE PURSUANT TO THE PROVISIONS OF THIS
SUBSECTION MAY APPEAL TO A COURT OF COMPETENT JURISDICTION
IN ACCORDANCE WITH THE MARYLAND RULES.

(C)  THE FILING OF AN APPEAL DOES NOT STAY THE ORDER OF
THE COMMISSIONER, EXCEPT THAT THE COURT, AFTER NOTICE TO THE
COMMISSIONER AND A HEARING, MAY GRANT A STAY UPON THE
POSTING OF SECURITY OR BOND AS IT DEEMS PROPER.

(D)  APPEALS FILED UNDER THIS SECTION SHALL BE HEARD
EXPEDITIOUSLY.

89.

(A) THE COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE
MAY ENTER WITHOUT DELAY AND AT REASONABLE TIMES ANY RAILROAD