Subtitle 19 – Grade Crossings

notify in writing the railroad company owning or operating over the tracks at the location that the crossing reasonably requires further protection; and

order the railroad company either:

the pertinent facts relative to the particular location;

the requirements that must be complied with by the railroad;

the reasons for the Director’s findings, conclusions, and orders; and

a reasonable period of time within which the order must be complied.

the number of tracks involved at the particular location;

the usual or general speed of the rolling equipment operated over the tracks at the particular location;

the number and frequency of trains or other rolling equipment operated over the tracks at the particular location;

the type or character of the neighborhood surrounding the particular location;

the volume and type of vehicular and pedestrian traffic using the street or highway at the particular location at various times;

the transportation requirements and facilities;

the topography of the surrounding land and the grade, width, course, and location of the railroad tracks and the street or highway at the particular location;

the existence of any signaling, warning, or safety device or devices which have been constructed, installed, or placed by the railroad company at the particular location;

the number and character of collisions that have occurred at the particular location; and

any other pertinent facts or matters.

The cost and expenses for the installation of the devices required by the Director of Transportation under this section may be apportioned by the Board of Estimates between the railroad company and the City on the basis of the Board’s judgment of the benefits accruing to the railroad and the public respectively.

In any determination of the allocation of costs, the Board of Estimates may, in addition to all other pertinent factors, consider the relative use of the crossing by railroad traffic and other vehicular traffic.

The determination of the apportionment by the Board of Estimates shall be final and not subject to appeal.

The apportionment may apply only to future installations ordered under this section. In no event may any part of the cost of restoring, repairing, or maintaining the protective devices provided by the railroad at these crossings or of installing crossings signs or providing train crew protection be apportioned by the Board of Estimates to the City.

Within 15 days after the Director has received the written request for review, the Director shall grant a public hearing to the persons requesting the review, at which time the parties shall have a right to introduce testimony and be fully heard, and the said proceedings shall be a matter of record.

The Director shall, within 15 days after the hearing, render a decision in writing, including the reasons for the decision.

A timely request for review stays all proceedings on the order appealed.

But, whenever in the opinion of the Director of Transportation, a stay would cause imminent peril to life or property, the Director may request the Circuit Court for Baltimore City for an order vacating the stay.

The railroad company or the City, being dissatisfied with a final decision of the Director of Transportation, may appeal on the record to the Circuit Court for Baltimore City by an appropriate petition duly verified, with the right in the parties to offer additional testimony.

The petition shall be presented to the court within 15 days after the final decision of the Director of Transportation.

On presentation of the petition, the Court shall prescribe the time, not less than 15 days, within which an answer shall be filed and served on the petitioner or its attorney.

The Court may reverse, affirm, or modify, in whole or in part, the final decision of the Director of Transportation that has been brought up for review.

An appeal may be taken from the determination of the Circuit Court for Baltimore City to the Court of Special Appeals of Maryland.

Compliance with the decision of the Director of Transportation or of the Circuit Court may be stayed while the appeal is pending only on order of the trial court, after due notice to the parties and on good cause shown.

The Director of Transportation may amend, change, modify, affirm, or repeal, in whole or in part, the last final order or decision.

Within 15 days after the the hearing has been completed, the Director shall render a written decision, including the reasons for the decision.

Every person and other legal entity subject to this subtitle shall fully comply at all times with all of the terms and provisions of this subtitle and any order issued under this subtitle by the Director of Transportation.

Any act or actions that are contrary to any provision or requirement of, and any and all failures to comply with, any provision or requirement of this subtitle or any order issued under this subtitle is a violation of this subtitle.

The Director of Transportation may institute or cause to be instituted any and all legal, equitable, or criminal actions or proceedings that may be necessary or proper to enforce any and all of the provisions of this subtitle or any order issued under this subtitle.

Nothing contained in this subtitle may be taken or construed to estop or prevent the Director of Transportation from instituting or causing to be instituted or fully prosecuting any and all legal or equitable actions or proceedings of any kind or character that may be necessary or proper to compel a full compliance with any and all of the provisions of this subtitle or any order issued under this subtitle, even though criminal proceedings may be pending or may have been completed.