EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0958*
HOUSE BILL 958
K3 5lr2134
CF 5lr2861
By: Delegates Stein, Addison, Allen, Davis, Ebersole, Foley, Guyton, Healey,
Holmes, Kaufman, Lehman, R. Lewis, J. Long, McCaskill, Ruth, Solomon,
Stewart, Terrasa, Valderrama, and Ziegler
Introduced and read first time: January 31, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Railroads – Safety Requirements 2
(Maryland Railway Safety Act of 2025) 3
FOR the purpose of establishing requirements and prohibitions related to the operation of 4
railroads in the State, including provisions related to the size of the crew, blocking 5
of railroad and highway grade crossings, the length of trains operating on a main or 6
branch line, wayside detectors, and investigations by railroad labor union 7
representatives; requiring the Commissioner of Labor and Industry to establish and 8
maintain a reporting system regarding the transportation of hazardous materials 9
and waste by rail in the State; and generally relating to safety requirements for 10
railroads. 11
BY adding to 12
Article – Labor and Employment 13
Section 5.5–110(e), (f), and (g), 5.5–110.1, 5.5–111.1, and 5.5–113.1 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Labor and Employment 19
5.5–110. 20
(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 21
CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 22
2 HOUSE BILL 958
(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 1
USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 2
(I) HOSTLER SERVICE ; OR 3
(II) UTILITY EMPLOYEES IN YARD SERVICE. 4
(3) A TRAIN OR LIGHT ENGIN E USED IN CONNECTION WITH THE 5
MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 6
THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVID UALS. 7
(4) (I) A PERSON WHO WILLFULLY VIOLATES TH IS SUBSECTION IS 8
SUBJECT TO A CIVIL P ENALTY ASSESSED BY T HE COMMISSIONER OF : 9
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 10
SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 11
2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 12
VIOLATION WITHIN THE IMMEDIATELY PRECEDING 3 YEARS, A FINE NOT TO EXCEED 13
$25,000. 14
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 15
PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 16
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 17
(F) (1) THIS SUBSECTION DOES NOT APPLY WITH RESPECT TO A 18
PASSENGER TRAIN WHIL E THE TRAIN IS BOARD ING OR DISCHARGING P ASSENGERS. 19
(2) A RAILROAD COMPANY MAY NOT BLOCK A RAIL ROAD GRADE 20
CROSSING OR HIGHWAY GRADE CRO SSING WITH A STANDING TRAI N FOR MORE THAN 21
5 MINUTES. 22
(3) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 23
SUBJECT TO A CIVIL F INE NOT EXCEEDING $5,000 FOR EACH VIOLATION T O BE 24
ASSESSED BY THE COMMISSIONER . 25
(G) (1) A RAILROAD COMPANY MAY NOT OPERATE A FREIGH T OR WORK 26
TRAIN THAT EXCEEDS 8,500 FEET IN LENGTH ON A MAIN TRACK OR BRANCH LINE . 27
(2) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 28
SUBJECT TO A CIVIL F INE NOT EXCEEDING $10,000 FOR EACH VIOLATION T O BE 29
ASSESSED BY THE COMMISSIONER . 30
5.5–110.1. 31 HOUSE BILL 958 3
(A) THE COMMISSIONER SHALL ES TABLISH AND MAINTAIN A REPORTING 1
SYSTEM REGARDING THE TRANSP ORTATION OF HAZARDOU S MATERIALS AND WAST E 2
BY RAIL IN THE STATE. 3
(B) (1) INFORMATION IN THE REPORTING SYSTEM MAY NOT BE 4
PROVIDED TO THE PUBL IC AND IS NOT SUBJEC T TO DISCLOSURE UNDE R THE 5
PUBLIC INFORMATION ACT. 6
(2) THE COMMISSIONER SHALL MA KE INFORMATION CONTA INED IN 7
THE REPORTING SYSTEM AVAILABLE TO: 8
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 9
MANAGEMENT ; AND 10
(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 11
5.5–111.1. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “EQUIPMENT DEFECT ” MEANS: 15
(I) A HOT WHEEL; 16
(II) A HOT WHEEL BEARING ; 17
(III) A DEFECTIVE WHEEL BEARING DETECTED THROUGH 18
ACOUSTICS; 19
(IV) DRAGGING EQUIPMENT ; 20
(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT ; 21
(VI) A SHIFTED LOAD ; 22
(VII) A LOW AIR HOSE; 23
(VIII) A RAIL TEMPERATURE D EFECT; OR 24
(IX) A WHEEL CONDITION DE FECT. 25
4 HOUSE BILL 958
(3) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC DEVICE 1
OR A SERIES OF CONNE CTED OR NETWORKED DE VICES THAT SCAN PASS ING TRAINS, 2
ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS. 3
(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 4
IS OTHERWISE RESPONSIBLE FOR A RA ILROAD TRACK THAT TH E FEDERAL 5
RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 6
(C) (1) EACH RAILROAD COMPANY SHALL INSTALL A WAYS IDE DETECTOR 7
SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 8
OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 9
DESIGNATED CLASS IV OR GREATER. 10
(2) (I) EACH RAILROAD COMP ANY SHALL INSTALL , MAINTAIN, 11
REPAIR, AND OPERATE EACH WAY SIDE DETECTOR SYSTEM IN ACCORDANCE WITH 12
ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FED ERAL 13
DEPARTMENT OF TRANSPORTATION . 14
(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLAC E AN 15
EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 16
WAYSIDE DETECTOR SYS TEM. 17
(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSID E 18
DETECTOR SYSTEM AT A N APPROPRIATE DISTAN CE, AS DETERMINED BY THE 19
COMMISSIONER , FROM OTHER WAYSIDE D ETECTOR SYSTEMS AN D AT A LOCATION 20
THAT WILL ALLOW A TR AIN OPERATOR SUFFICI ENT TIME TO: 21
1. RESPOND TO AN ALERT RECEIVED FROM THE 22
WAYSIDE DETECTOR SYS TEM; 23
2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 24
ON–TRACK EQUIPMENT ; AND 25
3. IF NECESSARY , MAKE REPAIRS O R REMOVE 26
EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 27
(3) (I) EACH RAILROAD COMPANY SHALL ESTABLISH WRIT TEN 28
POLICIES AND TRAININ G REQUIREMENTS FOR T HE RAILROAD COMPANY ’S 29
EMPLOYEES FOR : 30
1. MONITORING FOR ALERT S FROM WAYSIDE DETEC TOR 31
SYSTEMS; AND 32
HOUSE BILL 958 5
2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 1
DETECTOR SYSTEMS . 2
(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 3
THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM WAYS IDE 4
DETECTOR SYSTEMS AND TAKE APPROPRIATE ACT IONS IF AN EMPLOYEE FAILS TO 5
TAKE THE REQUIRED CO URSE OF ACTION . 6
(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 7
THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 8
TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 9
(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VI OLATIONS 10
OF THIS SECTION. 11
(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 12
COMPANY HAS VIOLATED THIS SECTION OR VIOL ATED REGULATIONS ADO PTED BY 13
THE COMMISSIONER UNDER TH IS SECTION, THE COMMISSIONER SHALL IS SUE A 14
WRITTEN REPORT TO TH E RAILROAD COMPANY : 15
1. DETAILING THE REASON S FOR FINDING THAT A 16
VIOLATION HAS OCCURR ED; AND 17
2. ORDERING THE RAILROA D COMPANY TO CORRECT 18
THE VIOLATION WITHIN 60 DAYS AFTER THE REPOR T IS ISSUED. 19
(II) IF THE COMMISSIONER ISSUES A REPORT UNDER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SU BMIT THE 21
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 22
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 23
(F) (1) A RAILROAD COMPANY THAT FAILS TO CORREC T A VIOLATION 24
WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 25
SUBSECTION (E) OF THIS SECTION IS S UBJECT TO A CIVIL FI NE NOT EXCEEDING 26
$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 27
(2) EACH DAY THAT THE PER SON FAILS TO CORRECT A VIOLATI ON 28
AFTER THE 60–DAY PERIOD SHALL CON STITUTE A SEPARATE V IOLATION. 29
(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 30
SECTION. 31
5.5–113.1. 32 6 HOUSE BILL 958
(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 1
MEANS AN INDIVIDUAL SELECTED BY THE HEAD OF A LAB OR UNION WHOSE 2
MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 3
(B) (1) A RAILROAD COMPANY SHA LL ALLOW AUTHORIZED RAILROAD 4
UNION REPRESENTATIVE S FOR EACH UNION REP RESENTING THE RAILRO AD 5
COMPANY’S EMPLOYEES REASONABLE A CCESS TO ALL PROPERT Y OWNED OR 6
LEASED BY THE RAILRO AD COMPANY FOR THE P URPOSE OF INVESTIGAT ING: 7
(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 8
REGULATIONS ; AND 9
(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 10
TO A RAILROAD EM PLOYEE OR BE CONSIDE RED A THREAT TO PUBL IC SAFETY. 11
(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 12
CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 13
SUBSECTION, THE RAILROAD COMPANY : 14
(I) SHALL ALLOW THE AUTH ORIZED RAILROAD UNION 15
REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 16
TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 17
LAWS AND REGULATIONS ; AND 18
(II) MAY NOT ALLEGE THAT THE AUTHORIZED RAILR OAD UNION 19
REPRESENTATIVE IS TR ESPASSING ON RAILROAD PROPER TY. 20
(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 21
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24