§ 5.5-112. Variances  


Latest version.



  •    (a) In general. -- The Commissioner shall allow variances in accordance with this section.

    (b) Application for a variance. -- 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) Hearing and determination. -- 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.


HISTORY: 1998, ch. 8, § 3.