(a) The Commissioner shall allow variances in accordance with this section.
(b) Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.
(c) After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:
(1) that action is necessary to prevent undue operational or economic hardship; or
(2) (i) existing conditions prevent practical compliance; and
(ii) the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.
Structure Maryland Statutes
Title 5.5 - Railroad Safety and Health
Section 5.5-102 - Purpose of Title
Section 5.5-103 - Scope of Title
Section 5.5-104 - Authority of Commissioner; Delegation
Section 5.5-105 - Track Clearance Certificates
Section 5.5-106 - Cost of Administration
Section 5.5-107 - Enforcement by Attorney General
Section 5.5-109 - Regulations -- Sanitary Conditions
Section 5.5-110 - Specific Health and Safety Standards
Section 5.5-111 - Margin and Sidetrack Maintenance
Section 5.5-113 - Inspections and Investigations
Section 5.5-114 - Request for Inspection
Section 5.5-115 - Notice Prohibiting Use of Apparatus
Section 5.5-117 - Enforcement of Citation
Section 5.5-119 - Judicial Review and Enforcement
Section 5.5-120 - Injunctive Relief Against Imminent Danger
Section 5.5-121 - Accident Reports