In this title the following words have the meanings indicated.
“Central Repository” has the meaning stated in § 10-201 of the Criminal Procedure Article.
“Criminal Justice Information System” has the meaning stated in § 10-201 of the Criminal Procedure Article.
“For-hire driver’s license” includes:
a passenger-for-hire license; and
a taxicab driver’s license.
“Limousine service” means operating a motor vehicle for hire using a motor vehicle classified as a Class Q (limousine) vehicle under § 13–939 of the Transportation Article.
“Limousine service” does not include providing taxicab services, sedan services, or transportation network services.
“Operate a motor vehicle for hire” means to transport or offer to transport a person in a motor vehicle in exchange for remuneration.
“Operate a motor vehicle for hire” includes:
providing passenger-for-hire services; and
providing taxicab services.
“Provide passenger–for–hire services” includes:
providing limousine services;
providing sedan services; and
providing transportation network services.
“Provide taxicab services” means to operate a motor vehicle for hire that, in addition to other services:
is advertised or held out to the public as a taxicab or as providing taxicab services;
regardless of how or when engaged, provides for-hire service between points chosen by the passenger and for a fare that is based on the distance traveled, the time elapsed, or both; or
is engaged by the passenger for service between points chosen by the passenger that is provided through:
hail from the street or other location; or
request made at a taxi stand or other location where the motor vehicle is standing and waiting for a request for service.
“Remuneration” includes:
a fare;
a fee;
a toll;
a gratuity; and
personal services.
“Sedan service” means operating a motor vehicle for hire using a motor vehicle designed to carry 15 or fewer individuals, including the driver.
“Sedan service” does not include providing taxicab services, limousine services, or transportation network services.
“Taxicab driver’s license” means a license issued by the Commission to an individual that provides taxicab services.
“Transportation network company” means a company that operates in the State using a digital network to connect passengers to transportation network operators or transportation network partners for transportation network services.
“Transportation network operator”, “transportation network partner”, or “transportation network driver” means an individual who:
has been issued a transportation network operator’s license, or is otherwise authorized, by the Commission to provide transportation network services;
receives, through a transportation network company’s digital network application, a connection to a potential passenger to transport the passenger between points chosen by the passenger in exchange for the payment of a fee to the transportation network company; and
uses a motor vehicle that is owned, leased, or otherwise authorized for use by the individual and is approved for use in providing transportation network services by the Commission.
“Transportation network services” means the activities of an operator during:
transportation network coverage period one, during which the operator is logged onto and ready to accept a prearranged ride request made through a transportation network company’s digital network application;
transportation network coverage period two, during which the operator accepts a ride request from a passenger that is prearranged through a transportation network company’s digital network application, and is traveling to a predetermined location to pick up the passenger; and
transportation network coverage period three, during which the operator transports the passenger and continuing until the passenger departs the motor vehicle.
“Transportation network services” does not include:
providing taxicab services, sedan services, or limousine services;
any shared expense carpool arrangement or service or other type of arrangement or service in which a driver receives a fee that does not exceed the driver’s costs associated with providing a ride; or
transportation services that a nonprofit organization provides through the use of a volunteer driver and the volunteer driver’s personal vehicle.
This subtitle supplements other law relating to the operation and licensing of motor vehicles.
This title applies to any motor vehicle used in the transportation of persons in exchange for remuneration except:
motor vehicles designed to transport more than 15 persons; and
transportation solely provided by or on behalf of a unit of federal, State, or local government, or a nonprofit organization as identified in § 501(c)(3) and (4) of the Internal Revenue Code, that requires a criminal history records check and driving record check for its drivers, for clients of services including:
aging support;
developmental and other disabilities;
kidney dialysis;
Medical Assistance Program;
Head Start;
Welfare–to–Work;
mental health; and
job training.
Subsection (b)(2) of this section may not be construed to limit the application of this title or Title 9 of this article to a for–hire driver or other person who operates a motor vehicle for hire or provides transportation of persons for hire in addition to providing transportation services to clients of services listed in subsection (b)(2) of this section.
Notwithstanding subsection (b)(2) of this section:
a nonprofit organization that provides transportation for remuneration to clients of services listed in subsection (b)(2) of this section may not be required to obtain a motor carrier permit under Title 9 of this article; and
a driver employed by the nonprofit organization may not be required to obtain a for–hire driver’s license or other authorization from the Commission to perform transportation services solely under subsection (b)(2) of this section.
A driver employed or offered employment by a governmental unit or nonprofit organization under subsection (b)(2) of this section shall apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State criminal history records check on or before the first day of the driver’s actual employment.
As part of the application for a State criminal history records check, the driver employed or offered employment by the governmental unit or nonprofit organization shall submit to the Central Repository:
one complete set of the driver’s legible fingerprints taken on a form approved by the Secretary of Public Safety and Correctional Services; and
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records.
In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall provide a printed statement listing the driver’s criminal convictions to:
the governmental unit or nonprofit organization; and
the driver.
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide a revised printed statement listing the driver’s criminal convictions to:
the governmental unit or nonprofit organization; and
the driver.
In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the governmental unit or nonprofit organization shall verify periodically a list of its drivers.
Information the governmental unit or nonprofit organization obtains from the Central Repository under this subsection shall be:
confidential and may not be redisseminated; and
used only for the employment purpose authorized by this section.
In accordance with § 10–223 of the Criminal Procedure Article, a driver employed by a governmental unit or nonprofit organization may challenge the contents of a printed statement or revised printed statement issued by the Central Repository.
This subtitle does not limit the power of a political subdivision of the State to adopt reasonable traffic regulations such as:
the designation of taxicab stands; and
the restriction or prohibition of cruising along a public street when the cruising would menace the public safety or unduly congest traffic.
Except as provided in subsections (b) and (c) of this section, a person may not operate a motor vehicle for hire in the State under a permit or authorization to transport passengers issued by the Commission or the appropriate local authority unless the person holds a for–hire driver’s license or a transportation network operator’s license issued by the Commission.
A county or municipal corporation may license taxicab drivers who drive taxicabs that are based in that county or municipal corporation if, at a minimum, the county or municipal corporation:
conducts a criminal record check of each applicant for a license;
conducts a driving record check of each applicant for a license; and
requires that each applicant for a license include in the application documentation verifying that the applicant completed a human trafficking awareness training in accordance with § 10–104.2 of this subtitle.
A taxicab driver licensed by a county or municipal corporation is not required to be licensed by the Commission.
In this subsection the following words have the meanings indicated.
“Washington Metropolitan Area Transit District” means the transit district created under § 10–204 of the Transportation Article and includes, for the State, Montgomery and Prince George’s counties and the political subdivisions located within those counties.
“WMATC” means the Washington Metropolitan Area Transit Commission created under § 10–204 of the Transportation Article.
A person providing transportation network services in the portion of the Washington Metropolitan Area Transit District located within the State must hold a transportation network operator’s license issued by the Commission unless the person is providing a trip for which WMATC requires a certificate of authority.
An applicant for a for–hire driver’s license shall:
submit to the Commission a completed application on the form that the Commission provides;
state on the form that the applicant is applying for a passenger–for–hire driver’s license or a taxicab driver’s license;
pay to the Commission an application fee set by the Commission;
if the applicant is a Maryland driver, allow the Commission access to the driver’s photograph through the Motor Vehicle Administration; or
file with the application a recent photograph in a format that the Commission specifies;
submit to the Commission documentation verifying that the applicant completed a human trafficking awareness training in accordance with § 10–104.2 of this subtitle; and
apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State criminal history records check as provided in subsection (b) of this section.
The Commission shall:
require a driving record check of the applicant;
attach a photograph to the for–hire driver’s license when issued; and
file a photograph with the for–hire driver’s record.
As part of the application for a criminal history records check, the applicant shall submit to the Central Repository:
one complete set of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository; and
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.
In response to an application for an initial criminal history records check, the Central Repository shall provide to the Commission and the applicant a printed statement of the applicant’s State criminal record.
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Commission and the applicant or licensee a revised printed statement of the applicant’s or licensee’s State criminal record.
In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the Commission shall verify periodically a list of licensed for–hire drivers.
Information the Commission obtains from the Central Repository under this subsection shall be:
confidential and may not be redisseminated; and
used only for the licensing purposes described in this title.
As provided by this paragraph, an applicant for a for–hire driver’s license or a licensee may contest the contents of a printed statement or a revised printed statement issued by the Central Repository.
To contest the contents of a printed statement or a revised printed statement, an applicant or a licensee shall contact the office of the Secretary of Public Safety and Correctional Services, or the Secretary’s designee.
The Secretary of Public Safety and Correctional Services, or the Secretary’s designee, shall:
convene a hearing within 20 workdays, unless subsequently waived by the applicant or the licensee; and
render a decision within 5 workdays after the hearing.
For the purposes of this paragraph, the record of a court disposition or a copy of the record certified by the clerk of the court or by a judge of the court in which the disposition occurred shall be conclusive evidence of the disposition.
In a case where a pending charge is recorded, documentation provided by a court to the Secretary of Public Safety and Correctional Services, or the Secretary’s designee, that a pending charge for a crime which has not been finally adjudicated shall be conclusive evidence of the pending charge.
Failure of the applicant or a licensee to appear at the scheduled hearing shall be considered grounds for dismissal of the contest.
In addition to a State criminal history records check under this subsection, and subject to Title 10, Subtitle 2 of the Criminal Procedure Article, the Commission may require an applicant to obtain a criminal history records check from the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services.
An applicant who is required by the Commission to obtain a criminal history records check from the Federal Bureau of Investigation under subparagraph (i) of this paragraph shall:
apply to the Central Repository of the Department of Public Safety and Correctional Services for a national criminal history records check;
submit to the Central Repository one complete set of the applicant’s legible fingerprints taken on forms approved by the Director of the Federal Bureau of Investigation; and
submit to the Central Repository the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
The Commission may use a private agency to provide a background check on an applicant or licensee under this section, as determined by the Commission.
After the initial printed statement has been received from the Central Repository, the Commission shall issue a passenger–for–hire driver’s license or a taxicab driver’s license, as appropriate, to each applicant that meets the requirements of this title.
The passenger–for–hire driver’s license and the taxicab driver’s license shall be in the form that the Commission provides.
The Commission may deny an applicant a license or suspend or revoke the license of a licensee if the applicant or licensee has been convicted of a crime that bears a direct relationship to the applicant’s or licensee’s fitness to serve the public as a for–hire driver.
An applicant for a for–hire driver’s license may not provide sedan services, limousine services, or taxicab services unless the Commission has authorized the applicant to operate on a provisional basis or has issued a valid temporary or permanent driver’s license to provide sedan services, limousine services, or taxicab services.
The Commission may approve an applicant and issue a temporary driver’s license to the applicant if:
the applicant provides all information that the Commission requires for the application, including the information specified in item (2) of this subsection;
the Commission is satisfied with the successful submission of the applicant’s:
national criminal history records check:
conducted by a consumer reporting agency as defined under § 14–1201 of the Commercial Law Article or a comparable entity approved by the Commission; and
that includes:
a Multi–State Multi–Jurisdiction Criminal Records Database Search or a search of a similar nationwide database with validation;
a search of the Sex Offender Registry; and
a search of the U.S. Department of Justice’s National Sex Offender Public website; and
driving record check that includes a driving history research report; and
the applicant submits to the Commission documentation verifying that the applicant completed a human trafficking awareness training in accordance with § 10–104.2 of this subtitle.
Subject to subsection (d) of this section, the Commission may issue a permanent for–hire driver’s license to an applicant on the submission of a satisfactory supplemental criminal background check as set forth under § 10–104(b) of this subtitle.
For taxicab services, the applicant must submit, within 30 days of the issuance of a temporary license, a satisfactory supplemental criminal background check as set forth under § 10–104(b) of this subtitle.
Before December 15, 2016, the Commission may not require an applicant for a for–hire driver’s license to comply with subsection (c) of this section if a sedan company or limousine company for which the applicant will provide services, at the time it applies for a permit, provides to the Commission details of the process the sedan company or limousine company uses to collect, review, and submit the information specified in subsection (b)(2) of this section.
A sedan company or limousine company may request that the Commission waive the requirement to comply with subsection (c) of this section and instead comply with subsection (b)(2) of this section for applicants and drivers of the sedan company or limousine company.
On receipt of a request under paragraph (1) of this subsection, the Commission shall:
determine whether the sedan company’s or limousine company’s process for complying with subsection (b)(2) of this section can be shown to be as comprehensive and accurate as complying with the supplemental criminal background check as set forth under § 10–104(b) of this subtitle; and
within 3 months after receiving the request, determine whether to:
grant the waiver;
deny the waiver; or
approve an alternative process.
A sedan company, limousine company, or taxicab company may submit the information under subsection (b) of this section on behalf of an applicant.
The Commission shall adopt regulations that provide a process that is as expeditious as possible and uses electronic means for:
the submission of the information under subsection (b) of this section;
the issuance of a temporary or permanent driver’s license and alternative authority to operate on a provisional basis; and
the renewal of a driver’s license.
Records or information provided to the Commission by a sedan company, limousine company, or taxicab company under this section are not subject to release under the Maryland Public Information Act.
The Commission may not disclose records or information provided to the Commission under this section to any person unless the disclosure is required by court order or order of the Maryland Tax Court.
On notice that a person is seeking records or information under paragraph (2) of this subsection, the Commission shall promptly notify the sedan company, limousine company, or taxicab company before disclosing the records or information.
An applicant for a license issued in accordance with § 10–103(b) of this subtitle or under § 10–104, § 10–104.1, or § 10–106 of this subtitle shall include in the application documentation verifying that the applicant completed:
the U.S. Department of Transportation’s Leaders Against Human Trafficking/Combating Human Trafficking in the Transportation Awareness Training; or
any nationally recognized human trafficking awareness training program.
A human trafficking awareness training that an applicant completes under subsection (a) of this section must include information on how to:
recognize potential victims of human trafficking;
respond to an individual who may be or is a victim of human trafficking; and
report suspected incidents of human trafficking to appropriate authorities.
A licensed taxicab driver or for–hire driver may not be held civilly or criminally liable for reporting or responding in good faith to a suspected incident of human trafficking.
After an administrative review, the Commission shall deny an application for a license if the public convenience and necessity requires the denial because of:
the physical or mental condition of the applicant; or
the criminal record of the applicant.
If an applicant’s application for a license is denied under subsection (a) of this section, the applicant may request a hearing by the Commission.
The Commission may have the license hearing officer conduct the hearing in accordance with § 10-110 of this subtitle.
If the Commission refuses to issue a license, the applicant may seek judicial review of the refusal under Title 3, Subtitle 2 of this article.
The term of a for–hire driver’s license is not less than 1 year and not more than 3 years, as the Commission sets.
An applicant for a renewal of a for–hire driver’s license shall:
submit to the Commission an application on the form that the Commission provides; and
include in the application documentation verifying that the applicant completed a human trafficking awareness training in accordance with § 10–104.2 of this subtitle.
The Commission may renew the for–hire driver’s license by appropriate endorsement on the license.
The Commission shall keep on file with the original application of a driver a complete record of:
each for–hire driver’s license issued to the driver; and
any renewal, suspension, and revocation of a for–hire driver’s license issued to the driver.
The Commission may issue a temporary license and, if applicable, a badge to an applicant for a period not exceeding 30 days.
A for-hire driver shall have the for-hire driver’s license in the driver’s possession whenever operating a motor vehicle for hire.
A for-hire driver may not deface, remove, or obliterate an official entry made on the for-hire driver’s license.
A violation of this subsection shall be punished by suspension or revocation of the for-hire driver’s license as provided under § 10-110 of this subtitle.
If a passenger elects to use a route where a highway or bridge toll charge occurs, the for-hire driver shall assess the passenger the cost of the highway or bridge toll charge.
There is a position of license hearing officer.
The license hearing officer shall be appointed by the Commission.
The license hearing officer serves at the pleasure of the Commission.
The license hearing officer is entitled to compensation in accordance with the State budget.
The license hearing officer may hold a hearing involving a violation of this division or the Commission’s regulations:
by a for–hire driver licensed by the Commission, including a transportation network operator, transportation network partner, or transportation network driver licensed or otherwise authorized by the Commission to provide transportation network services;
except for a violation relating to rates, by a holder of a taxicab permit issued by the Commission; and
by a sedan company, limousine company, taxicab company, or transportation network company.
The license hearing officer shall file with the Commission, and simultaneously serve on all parties, a proposed order and findings of fact.
The proposed order shall become final unless appealed as provided in § 3-113(d) of this article.
Whenever a for-hire driver’s license or taxicab permit is suspended or revoked, or a civil penalty is imposed on the for-hire driver or taxicab permit holder, the for-hire driver or taxicab permit holder:
may request a rehearing in accordance with § 3-114 of this article; and
may seek judicial review under Title 3, Subtitle 2 of this article.
The Commission shall furnish to the permit holder a copy of the charges against a for-hire driver and the related decision of the license hearing officer and the Commission.
Notwithstanding § 2-110 of this article, the Commission may seek adequate funding in the State budget and employ adequate staffing in order to implement the responsibilities set forth in this title and Title 9, Subtitle 2 of this article.
There is a For–Hire Driving Services Enforcement Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The purpose of the Fund is to provide adequate resources for the Commission to enforce the requirements of this title concerning for–hire driving services.
The Fund consists of assessments made on permits for vehicles regulated by the Commission to provide for–hire driving services in the State.
The Commission shall establish an assessment not exceeding $40 to be paid annually with respect to each vehicle permit to provide for–hire driving services, except for a vehicle permit to be used exclusively for employee van transportation to or from a designated work site.
The Fund is to be used solely for statewide enforcement activities of the Commission relating to for–hire driving services.