Maryland § 5.5-115
Full text of Maryland Maryland Code § 5.5-115, with citation guidance and answers to common questions.
§ 5.5-115.
(a) In this section, “apparatus” means any machinery, device, or equipment or any part of any machinery, device, or equipment.
(b) The Commissioner or authorized representative of the Commissioner shall give written notice to a railroad company or the railroad company’s agent in charge of the operation, if, after an inspection or investigation of the railroad, the Commissioner or authorized representative of the Commissioner determines that:
(1) an apparatus violates a health and safety standard adopted under this title; and
(2) there is a substantial probability that death or serious physical harm to an individual or damage to property could result from continued use of the apparatus.
(c) (1) A copy of a notice under subsection (b) of this section:
(i) shall be attached to the apparatus; and
(ii) may not be removed until the apparatus is made safe and each required safeguard is provided.
(2) Except for use that is necessary to repair the apparatus and to provide any required safeguards, the apparatus may not be used while a notice under this section is posted on the apparatus.
(3) Only the Commissioner or authorized representative of the Commissioner may remove the notice.
(d) (1) Any person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.
(2) An action under this subsection shall be brought in the court of competent jurisdiction where the apparatus is located.
(3) In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:
(i) the court gives the Commissioner notice and an opportunity for a hearing; and
(ii) the aggrieved person posts security.
(4) The court shall expedite the hearing of any action brought under this subsection.
Frequently Asked Questions About Maryland § 5.5-115
What does Maryland Code § 5.5-115 cover?
Section 5.5-115 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 5.5-115?
A common citation format is "Maryland Code § 5.5-115" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 5.5-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.