# Public Utilities (GPU)

## Title 9. Carrier Companies

### Subtitle 1. General Provisions

#### Section 9-101

(a) Each common carrier shall provide reasonable, proper, and equal facilities for the prompt interchange and transfer of passengers between its lines and the lines of every other common carrier.

(b) A common carrier may not discriminate against other common carriers in transferring, receiving, or forwarding passengers to or from other common carriers.

(c) A common carrier is not required to allow any other common carrier to use its tracks or terminal facilities.

#### Section 9-102

Unless the Commission orders otherwise, a common carrier may not charge or receive an equal or greater compensation in the aggregate to transport passengers under substantially similar circumstances for a shorter distance than for a longer distance over the same line and in the same direction.

#### Section 9-103

(a) The Commission shall prescribe a form of tariff schedules for common carriers that is as nearly as practicable the same as that required by the Surface Transportation Board for the particular kind of carrier.

(b) In addition to other information that the Commission requires, the tariff schedules of each common carrier shall show:

  (1) all of the current rates, fares, and charges, including those specified in Sec. 4-503 of this article, for the transportation of passengers within the State between:

    (i) each point on the common carrier's route and all other points on the other routes it owns; and

    (ii) each point on the common carrier's route and all points on the route of each other common carrier that is shown in the schedule whenever a through route or joint rate is established between those points;

  (2) the points between which passengers will be carried;

  (3) the classification of passengers;

  (4) the privileges or facilities granted; and

  (5) all rules and regulations that may change, affect, or determine any part of the aggregate of the rates, fares, or charges or the value of the service rendered.

(c) Each common carrier that is a party to a joint rate shown in the tariff schedule of another common carrier shall file with the Commission evidence of acceptance of the joint rate, as required by the Commission.

### Subtitle 2. Motor Carrier Companies

#### Section 9-201

(a) Except as provided in subsection (b) of this section, a motor carrier permit is required for a passenger motor vehicle used in the transportation of persons for hire.

(b) A motor carrier permit is not required for:

  (1) a motor vehicle used exclusively for the transportation of pupils to and from public or private schools;

  (2) a motor vehicle operated for a period of not more than 3 months in any registration year in the transportation of persons employed at a cannery located in a county;

  (3) taxicabs;

  (4) public transportation for hire authorized to operate on the boardwalk in Ocean City;

  (5) a vanpool operation as defined in Sec. 11-175.1 of the Transportation Article;

  (6) a local public transportation system established under a law enacted by the local governing body of a county or municipal corporation;

  (7) subject to subsection (c) of this section, a motor vehicle used by a privately owned transportation company exclusively to provide transportation system services under a contract with the governing body of a county or municipal corporation or with a unit of State government;

  (8) shuttle bus service operated by the University of Maryland, College Park Campus for students enrolled at the University of Maryland, College Park Campus and, in exchange for payment by a municipal corporation in which the University of Maryland, College Park Campus operates shuttle bus service, transportation service on the shuttle bus to residents of the municipal corporation; or

  (9) transportation services that a nonprofit organization provides through the use of a volunteer driver and the volunteer driver's personal vehicle.

(c) A privately owned transportation company that provides transportation system services under a contract with the governing body of a county or municipal corporation or with a unit of State government shall obtain a motor carrier permit for motor vehicles that the company does not use exclusively to provide transportation system services under a contract with the governing body of a county or municipal corporation or with a unit of State government.

(d) The public duties of a common carrier may not be imposed on a person with respect to a vehicle for which a motor carrier permit is required under this section, if the vehicle is not actually engaged in public transportation.

#### Section 9-202

A motor carrier permit may not be issued unless the Commission, after considering the number of vehicles the applicant will use, the rate the applicant will charge, the potential demand, the qualifications of the applicant, and any other factors that the Commission considers relevant, determines that the issuance of a motor carrier permit will be best for the public welfare and convenience.

#### Section 9-203

(a) Subject to subsections (b) and (c) of this section, the Commission may subject a motor carrier permit to terms and conditions that the Commission considers appropriate.

(b) The duration of a motor carrier permit may not exceed 20 years.

(c) The Commission may authorize seasonal motor carrier permits for a part of the year.

#### Section 9-204

The Commission may suspend, revoke, or subsequently deny a motor carrier permit if the holder violates a provision of this division.

#### Section 9-205

(a)

  (1) A route or schedule of a motor vehicle for which a motor carrier permit is granted may not be changed or abandoned without written permission from the Commission.

  (2) The Commission may only grant permission under paragraph (1) of this subsection if the Commission finds that the public welfare and convenience are not prejudiced by the change.

  (3) Notwithstanding paragraph (1) of this subsection, the holder of a motor carrier permit may temporarily operate substitute or reserve vehicles, when necessary in an emergency, to maintain the required schedules over the holder's route.

(b) This subtitle does not limit the power of a municipal corporation to adopt reasonable traffic regulations, including the power to:

  (1) designate streets; and

  (2) prohibit the use of certain streets or the parking of vehicles on those streets if the use or parking may threaten public safety or unduly congest traffic.

#### Section 9-206

(a) The owner and operator of an intrastate motor bus carrier shall prohibit the smoking of tobacco products while the bus is in public service.

(b) A person may not smoke tobacco products on a bus of an intrastate motor bus carrier.

(c) The Commission may adopt regulations to carry out the provisions of this section.

(d) A person who violates a provision of this section is subject to a civil penalty not exceeding $25.

#### Section 9-207

(a) This section applies to a motor carrier providing transportation for hire by or through contract with a public authority, or a federal, State, district, or municipal transportation agency.

(b) A motor carrier subject to this section:

  (1) is also subject to Sec.Sec. 5-101 and 5-304 of this article; and

  (2) except as provided in Sec. 9-201(b)(7) of this subtitle, shall obtain a motor carrier permit under Sec. 9-201 of this subtitle.

(c) A motor carrier permit issued to a motor carrier subject to this section may be:

  (1) subject to conditions under Sec. 9-203 of this subtitle; and

  (2) suspended, revoked, or subsequently denied under Sec. 9-204 of this subtitle.

(d) Except as provided in this section, the provisions of this division do not apply to a motor carrier subject to this section.

#### Section 9-208

(a) This section does not apply to a motor coach that is licensed by the Commission to provide transportation of persons for hire.

(b) A nonprofit entity that owns and operates a motor coach with a capacity of at least 30 passengers and gross vehicle weight rating of at least 32,000 pounds shall obtain a license for the motor coach from the Commission.

(c) The nonprofit entity shall have the motor coach inspected for safety every 12 months by an authorized Maryland inspection station.

(d) A motor coach that is licensed under this section and only provides service for or on behalf of a nonprofit entity is not subject to tariffs or rate making under this division.

### Subtitle 3. Maryland Railroad Companies

#### Section 9-301

In this subtitle, "Maryland railroad company" means a railroad company organized under the laws of this State.

#### Section 9-302

Except as otherwise provided by law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.

#### Section 9-303

(a)

  (1) Except as provided in paragraph (2) of this subsection, a Maryland railroad company may locate, construct, maintain, and operate a railroad in the State if the railroad is not more than 100 feet wide at the graded surface.

  (2) A railroad may be wider than 100 feet if the Maryland railroad company determines that it is necessary for:

    (i) cuts and fills for a slope or embankment;

    (ii) multiple sets of tracks; or

    (iii) sidetracks, turnouts, depots, buildings, and other works connected with the operation of the railroad.

(b)

  (1) A Maryland railroad company may acquire land and other property that it determines is convenient or necessary for the site of the railroad or for additions to the railroad by:

    (i) purchase, either in fee simple or any lesser estate, in accordance with law; or

    (ii) condemnation under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article.

  (2) A Maryland railroad company may acquire by purchase or gift lands near the railroad that it determines are necessary to secure the right-of-way or aid in the construction of the railroad.

(c)

  (1) Land that a Maryland railroad company acquires may be held or conveyed as determined by the board of directors of the Maryland railroad company.

  (2) Deeds and conveyances made by a Maryland railroad company shall be signed by the president of the company under its corporate seal.

(d) This section does not authorize a Maryland railroad company to condemn, use, or occupy any part of a highway, including the space under or over a highway, without the consent of the proper authorities of the municipal corporation or county where the highway is located.

#### Section 9-304

(a)

  (1) A Maryland railroad company may cross or divert an unnavigable stream whenever it is necessary to construct a railroad.

  (2) A Maryland railroad company that diverts a stream is liable for damage caused by the diversion.

(b) A Maryland railroad company may cross a canal or a navigable stream if the company:

  (1) submits to the Board of Public Works a plan for the canal or stream crossing that includes the location and building plans of the bridge and other necessary fixtures; and

  (2) receives written approval from the Board of Public Works.

(c)

  (1) If the Board of Public Works disapproves a plan submitted by a Maryland railroad company or fails to approve the plan within 20 days after filing, the Maryland railroad company may apply to the circuit court of the county where the canal or stream crossing is planned or to another court of competent jurisdiction.

  (2) The court shall:

    (i) provide reasonable notice to the Board of Public Works;

    (ii) for good cause shown, appoint a disinterested and competent engineer, who does not reside in a county through which the Maryland railroad company's railroad passes and who, within 20 days of being appointed:

      (1) shall examine the canal or stream crossing; and

      (2) shall establish a plan and any conditions necessary to cross the canal or stream in a way that will not impede navigation; and

    (iii) examine the engineer's plan and conditions for the canal or stream crossing, and unless good cause is shown, approve the plan and conditions.

  (3) An order by the court approving the plan and conditions for the canal or stream crossing shall be sufficient authority for the Maryland railroad company to elect, use, and occupy the bridge.

#### Section 9-305

(a)

  (1) Whenever necessary in the construction of a railroad, a Maryland railroad company may cross the tracks of another railroad company.

  (2) Crossings may be made at, over, or under grade.

(b) If a Maryland railroad company is unable to agree on the terms for a crossing with the railroad company whose track is to be crossed, then the Maryland railroad company may condemn the easement of the crossing under Sec. 5-405 of this article.

(c)

  (1) A Maryland railroad company that constructs a crossing at grade shall:

    (i) at its own expense, erect a proper signal station at the crossing and keep a watchman there; and

    (ii) give precedence to the trains of the railroad company whose tracks are crossed.

  (2) A Maryland railroad company that constructs an undergrade or overgrade crossing shall construct the crossing so as not to interfere with the passage of the trains of the railroad company whose tracks are being crossed.

#### Section 9-306

(a)

  (1) A Maryland railroad company may:

    (i) cross or divert a highway whenever necessary for the construction of a railroad;

    (ii) at its own cost and expense, carry a highway over its track by an overgrade crossing, or under its track by an undergrade crossing if the Maryland railroad company considers that the highway crossing is dangerous; and

    (iii) exercise the powers of condemnation, under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article, to acquire additional property and rights necessary to construct an overgrade or undergrade crossing.

  (2) Whenever a Maryland railroad company crosses or diverts a highway, it shall, without necessary delay, return the highway to its former usefulness.

(b)

  (1) Overgrade and undergrade crossings shall be at least 20 feet wide, and the grades approaching the crossings may not be greater than a rise of 6 feet in one hundred.

  (2) The height of an undergrade crossing from the surface of the roadway shall be at least 14 feet.

  (3) When constructing the approaches to an overgrade or undergrade crossing, the Maryland railroad company may change the grade of the road or highway to be carried on the new crossing.

  (4) If the grade is changed under paragraph (3) of this subsection:

    (i) the grade change of the road shall be at the expense of the Maryland railroad company; and

    (ii) the Maryland railroad company has the same rights and liabilities that county officials have in changing the grades of public highways.

(c)

  (1) Except as provided in paragraph (2) of this subsection, whenever a Maryland railroad company constructs an overgrade or undergrade crossing, all grade crossings within 600 yards of the new crossing may be closed by the Maryland railroad company and another crossing may not be opened within 600 yards of the new crossing.

  (2) The prohibition against the maintenance and opening of a grade crossing within 600 yards of a newly constructed overgrade or undergrade crossing does not apply:

    (i) in a municipal corporation, without the consent of the mayor and council; and

    (ii) in an unincorporated area of a county with a population of 2,000 or more people, without the consent of the local governing body.

#### Section 9-307

If the right-of-way or location of any part of an unfinished railroad remains unused for railroad purposes for 10 years or longer, the right-of-way or location is deemed abandoned and may be purchased or condemned by a railroad company under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article.

#### Section 9-308

(a) Subject to Sec. 6-101(c) of this article, a Maryland railroad company may acquire, own, hold, pledge, sell, dispose of, endorse, guarantee, or assume the stocks, bonds, and other securities of:

  (1) a Maryland railroad company;

  (2) a railroad company of any other state; and

  (3) an inland, coast, or ocean transportation company.

(b) A Maryland railroad company may own and operate a line of steamships or steamboats if they can be used wholly or partly, in connection with the business of the Maryland railroad company.

#### Section 9-309

(a) The presumption of negligence established in this section does not apply if:

  (1) the damages or injuries were caused by a fire that occurred in or about a railroad terminal that receives, delivers, or tranships freight; and

  (2) the fire may have resulted from the negligence of an individual who works in or about the terminal but is not employed by or under the control of the railroad company.

(b) Unless a railroad company proves that damages or injuries were not the result of any negligence on the part of the company, a railroad company is liable in a civil action for:

  (1) injuries to livestock that occur on the company's tracks; and

  (2) damages that result from a fire that originated from the company's engines or cars.

#### Section 9-310

(a) A railroad that crosses or connects with another railroad may use the track or roadway of the other railroad, for up to 5 miles, to move locomotives, cars, and tonnage.

(b) The rate of tolls that a railroad charges under this section for locomotives, cars, and tonnage may not exceed the rate per ton per mile, or proportionate part of a mile used, that the railroad charges for through freight per ton per mile.

(c) A railroad company that violates this section is liable to an aggrieved party in a civil action for an amount not less than $500 and not exceeding $1,000 for each day of noncompliance.

#### Section 9-311

(a)

  (1) At least 30 days before making a determination, the local governing body of a county shall notify a railroad company that the county will consider the need to protect a railroad crossing over a public highway if:

    (i) the crossing is in the county but outside of a municipal corporation;

    (ii) the crossing is at grade; and

    (iii) the highway is believed to be of a character as to render dangerous the passage of locomotives and trains on it.

  (2) A county shall give the notice by serving written notice on the superintendent or other agent of the railroad company in the county.

  (3) After the 30-day period, the local governing body of a county may determine that protection is necessary at the crossing.

  (4) The county shall notify the railroad company through its superintendent or ticket agent in the county that, within 60 days, the railroad company shall:

    (i) place a flagman or a system of electric alarm bells at the crossing to give timely notice to all persons using the crossing of the approach of trains;

    (ii) erect safety gates at the crossing that shall be closed not less than one-half minute before the passage and during the passage of a train; or

    (iii) change the crossing at grade to an undergrade or overgrade crossing.

(b) If a railroad company does not comply with the requirements of a county under subsection (a)(4) of this section, the railroad company is subject to a fine of $25 per day for each day that the company is not in compliance.

(c)

  (1) As other fines are collected, the local governing body of a county shall enforce the payment of fines imposed by subsection (b) of this section in the circuit court for the county.

  (2) The State's Attorney of the county shall prosecute under this subsection when the local governing body of the county so directs.

#### Section 9-312

(a) Each safety gate at a grade crossing in the State shall have reflectors of sufficient size to ensure visibility at night.

(b) The Secretary of Transportation shall adopt regulations to carry out this section.

(c) A railroad company that does not comply with an order of the Secretary of Transportation to provide or maintain reflectors under this section is subject to a fine of $100 per day for each day that the company is not in compliance.

#### Section 9-313

(a) At each place where its tracks cross a public highway, a Maryland railroad company shall erect signs high enough to allow all vehicles to pass and with large and distinct letters that warn of the proximity of the railroad crossing and of the necessity to look for trains.

(b) A Maryland railroad company that neglects or refuses to comply with the requirements of this section is liable for any resulting injuries to individuals or damages to property.

### Subtitle 4. Commission Provisions on Railroad Companies

#### Section 9-401

(a) Unless the Commission orders otherwise, a railroad company shall have sufficient cars and motive power to meet all requirements that reasonably may be anticipated to transport passengers, property, and freight.

(b)

  (1) If a railroad company does not have sufficient cars to meet the demand to transport freight in carload lots, the railroad company shall distribute available cars to shippers that apply.

  (2) Except for giving priority to transporting livestock or perishable property, a railroad company may not discriminate in any way, including preferences as to shippers, localities, or competitive or noncompetitive points, when supplying cars under this section.

#### Section 9-402

(a) This section does not affect the duties of a railroad company or the powers of the Commission regarding joint rates.

(b) A railroad company shall receive freight cars of proper standard from other railroad companies at connecting points and haul the cars:

  (1) to their destination; or

  (2) by the route billed, to the connecting point with the next connecting carrier.

(c) Except on terms and conditions that the Commission establishes, railroad companies may not be required to interchange cars.

#### Section 9-403

(a) If safe to install, reasonably practicable, and justified by the volume of business, a railroad company, on the application of a shipper, shall construct, maintain, and operate on reasonable terms:

  (1) a switch connection or a connection with a lateral line of railroad or private sidetrack owned by the shipper; or

  (2) a sidetrack and switch connection for the shipper on property owned by the railroad company.

(b) The Commission shall regulate installation, maintenance, and compensation under this section.

(c) A railroad company may terminate connections that it provides under this section if the Commission determines that the required conditions are no longer satisfied.

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Md. Code Ann., Pub. Util. (as displayed at mgaleg.maryland.gov, October 16, 2026)