<section article="gtr" article_name="Transportation" number="25-101" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>A word used in this subtitle, unless the context requires otherwise, has the same meaning as is indicated by a definition of the word in § 21-101 of this article.</text> </section> <section article="gtr" article_name="Transportation" number="25-101.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>Except as otherwise expressly provided, the provisions of the Maryland Vehicle Law are statewide in their effect.</text> </level> <level label="b"> <text>Except as otherwise expressly authorized in this subsection or by a public local law on the regulation of taxicabs and taxicab drivers or by any public general law, no local authority or political subdivision of this State may:</text> <level label="1"> <text>Require the registration or licensing of any vehicle or driver in addition to the registration and licensing required or authorized in the Maryland Vehicle Law;</text> </level> <level label="2"> <text>Impose on the owner or driver of any vehicle any tax, registration fee, license fee, assessment, or charge of any kind for the use of a vehicle on any highway in this State, except for tolls to finance the cost of the construction, maintenance, and operation of any bridge, tunnel or approach thereto constructed as part of the interstate system of highways under Title 23 of the United States Code and from the payment of which vehicles owned by the State are exempt; or</text> </level> <level label="3"> <text>Otherwise make or enforce any local law, ordinance, or regulation on any subject covered by the Maryland Vehicle Law.</text> </level> </level> <level label="c"> <text>Except as otherwise provided in the Maryland Vehicle Law:</text> <level label="1"> <text>The provisions of the Maryland Vehicle Law prevail over all local legislation and regulation on any subject with which the Maryland Vehicle Law deals;</text> </level> <level label="2"> <text>All public local laws, ordinances, and regulations that are inconsistent or identical with or equivalent to any provision in the Maryland Vehicle Law are repealed; and</text> </level> <level label="3"> <text>The charters of all political subdivisions of this State are modified to prohibit the political subdivision from making or enforcing any ordinance or regulation in violation of the Maryland Vehicle Law.</text> </level> </level> <level label="d"> <text>Notwithstanding any other provision of this section, the Maryland Vehicle Law does not preclude enactment, adoption, or enforcement of:</text> <level label="1"> <text>A public local law for the regulation of taxicabs and taxicab drivers; or</text> </level> <level label="2"> <text>An ordinance or regulation adopted under such a public local law.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-102" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>The provisions of the Maryland Vehicle Law do not prevent a local authority, in the reasonable exercise of its police power, from exercising the following powers as to highways under its jurisdiction:</text> <level label="1"> <text>Subject to the provisions of § 21–1003.1 of this article, regulating or prohibiting the stopping, standing, or parking of vehicles;</text> </level> <level label="2"> <text>Regulating traffic by means of police officers or traffic control devices;</text> </level> <level label="3"> <text>Regulating or prohibiting processions or assemblies on highways;</text> </level> <level label="4"> <text>Designating particular highways or separate roadways as one–way highways and requiring that all vehicles on them move in one specified direction;</text> </level> <level label="5"> <text>Regulating the speed and weight of vehicles in public parks;</text> </level> <level label="6"> <text>Designating any highway as a through highway or designating any intersection as a stop intersection or a yield intersection;</text> </level> <level label="7"> <text>Restricting the use of highways as provided in Title 24 of this article;</text> </level> <level label="8"> <text>Regulating the operation of bicycles, requiring them to be registered, and imposing a registration fee;</text> </level> <level label="9"> <text>Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;</text> </level> <level label="10"> <text>Altering speed limits as provided in Title 21, Subtitle 8 of this article;</text> </level> <level label="11"> <text>Regulating through truck traffic and prohibiting trucks from using any highway or alley that is not designated or maintained as a part or extension of the State or federal highway system, provided the local authority has designated an adequate alternate route for diverted truck traffic;</text> </level> <level label="12"> <text>Adopting any other traffic regulations as specifically authorized in the Maryland Vehicle Law;</text> </level> <level label="13"> <text>Regulating taxi stands, including taxi stands in the middle of a block;</text> </level> <level label="14"> <level label="i"> <text>In this paragraph, “all–terrain vehicle” includes an off–highway motorcycle.</text> </level> <level label="ii"> <level label="1"> <text>Subject to item 2 of this item, except in Allegany County and Garrett County, designating a certain portion of highways upon which snowmobiles may travel for the sole purpose of gaining access to snowmobile trails; but</text> </level> <level label="2"> <text>Designating only those highways which divide snowmobile trails and which would otherwise obstruct direct access between snowmobile trails; and</text> </level> </level> <level label="iii"> <text>In Allegany County and Garrett County:</text> <level label="1"> <text>Authorizing a person to:</text> </level> <level label="A"> <text>Cross a highway on an all–terrain vehicle or a snowmobile at a right angle at a speed of not more than 25 miles per hour; or</text> </level> <level label="B"> <text>Operate an all–terrain vehicle or a snowmobile on not more than 5 miles of highway at a speed of not more than 25 miles per hour; and</text> </level> <level label="2"> <text>Designating a certain portion of highways upon which all–terrain vehicles and snowmobiles may travel at a speed of not more than 25 miles per hour for the sole purpose of gaining access to:</text> </level> <level label="A"> <text>Trails on which the operation of an all–terrain vehicle or a snowmobile is authorized;</text> </level> <level label="B"> <text>Fields; or</text> </level> <level label="C"> <text>Another area where the operation of an all–terrain vehicle or a snowmobile is authorized;</text> </level> </level> </level> <level label="15"> <text>Requiring a motorized minibike to be permitted by the local authority, and imposing a permit fee;</text> </level> <level label="16"> <text>In Allegany County, designating crossings on county highways where a person operating a golf cart may cross the highway for continued access to any portion of a golf course;</text> </level> <level label="17"> <text>Restricting use of a low speed vehicle on a highway;</text> </level> <level label="18"> <text>Authorizing an emergency vehicle not subject to registration to operate on a highway while performing an emergency service as defined in § 19–103 of this article;</text> </level> <level label="19"> <text>Authorizing a person to cross a highway on an all–terrain vehicle at a right angle to access a farm or to move from one part of a farm to another part of the same farm; and</text> </level> <level label="20"> <text>In Charles County:</text> <level label="i"> <text>Regulating the operation of off–highway recreational vehicles;</text> </level> <level label="ii"> <text>Requiring off–highway recreational vehicles to be registered by the county and imposing a registration fee;</text> </level> <level label="iii"> <text>Imposing age restrictions on the operation of off–highway recreational vehicles; and</text> </level> <level label="iv"> <text>Authorizing the impoundment of an off–highway recreational vehicle that is the subject of an alleged violation of:</text> <level label="1"> <text>Title 21, Subtitle 9 of this article;</text> </level> <level label="2"> <text>§ 6–404 of the Criminal Law Article; or</text> </level> <level label="3"> <text>§ 6–405 of the Criminal Law Article.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>Unless it first obtains written approval from the State Highway Administration, a local authority may not place or maintain any stop sign or traffic control signal that requires the traffic on any State highway to stop before entering or crossing any intersecting highway.</text> </level> <level label="2"> <text>Unless it first obtains written permission from the State Highway Administration, a local authority may not place or maintain lighting along or at an intersection with a State highway.</text> </level> </level> <level label="c"> <text>An ordinance or regulation adopted under subsection (a)(4), (5), (6), (7), or (10) of this section is not effective until a traffic control device giving notice of the local traffic regulations is placed on or at the entrances to the highway or its affected part.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-102.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>In this section, “off-the-road motorcycle” means a motorcycle not otherwise registered under this article.</text> </level> <level label="2"> <text>“Off-the-road motorcycle” includes motorcycles designed for off-the-road operation, motorcycles not otherwise eligible for registration under this article, and motorcycles commonly referred to as “dirt bikes”.</text> </level> </level> <level label="b"> <text>Each county and Baltimore City may regulate the operation of off-the-road motorcycles, require them to be registered, and impose a registration fee for them.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-102.2" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Licensed driver” means an individual who holds a driver’s license of any class issued by the State or, if the individual is a nonresident of the State, issued by another state or country.</text> </level> <level label="ii"> <text>“Licensed driver” does not include an individual who holds a learner’s permit or a provisional license issued by the State or, if the individual is a nonresident of the State, the equivalent license issued by another state or country.</text> </level> </level> <level label="3"> <level label="i"> <text>“Motorized passenger scooter” means a nonpedal vehicle that:</text> <level label="1"> <text>Has a cockpit containing a seat for the operator and a passenger;</text> </level> <level label="2"> <text>Has three wheels, of which one is 10 inches or more in diameter;</text> </level> <level label="3"> <text>Has a motor:</text> </level> <level label="A"> <text>With a rating of 2.7 brake horsepower or less; or</text> </level> <level label="B"> <text>If the motor is an internal combustion engine, with a capacity of 50 cubic centimeters piston displacement or less; and</text> </level> <level label="4"> <text>Is equipped with an automatic transmission.</text> </level> </level> <level label="ii"> <text>“Motorized passenger scooter” does not include a vehicle that has been manufactured for off–road use, including a motorcycle and an all–terrain vehicle.</text> </level> </level> </level> <level label="b"> <text>Notwithstanding any other provisions of the Maryland Vehicle Law regarding the operation of a vehicle on a highway in the State, in the municipal boundaries of Ocean City, a licensed driver may operate a motorized passenger scooter on:</text> <level label="1"> <text>A local highway; and</text> </level> <level label="2"> <text>Subject to subsection (c) of this section, any portion of a State highway designated by the State Highway Administration as a bicycle way.</text> </level> </level> <level label="c"> <text>The State Highway Administration may prohibit the operation of a motorized passenger scooter on a bicycle way under the jurisdiction of the State Highway Administration if it determines that:</text> <level label="1"> <text>An occupant of a motorized passenger scooter is placed at an unacceptable risk of injury on the bicycle way; or</text> </level> <level label="2"> <text>The operation of a motorized passenger scooter is a threat to the safety or mobility of others along the bicycle way.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-104" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>The State Highway Administration shall adopt a manual and specifications for a uniform system of traffic control devices, consistent with the provisions of the Maryland Vehicle Law, for use on highways in this State. This uniform system shall correlate with and, as far as possible, conform to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways.</text> </section> <section article="gtr" article_name="Transportation" number="25-104.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>A person may not sell or offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic unless it conforms with the State manual and specifications adopted pursuant to § 25-104 of this subtitle.</text> </section> <section article="gtr" article_name="Transportation" number="25-105" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>On every highway under its jurisdiction, the State Highway Administration shall place and maintain those traffic control devices that it considers necessary to carry out the provisions of the Maryland Vehicle Law or to regulate, warn, or guide traffic. Each of these traffic control devices shall conform to the manual and specifications of the State Highway Administration.</text> </level> <level label="b"> <text>A local authority may place or maintain a traffic control device on a highway under the jurisdiction of the State Highway Administration only with the permission and under the direction of the State Highway Administration.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-106" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>On every highway under its jurisdiction, a local authority shall place and maintain those traffic control devices that it considers necessary to carry out the provisions of the Maryland Vehicle Law or local traffic ordinances or to regulate, warn, or guide traffic. Each of these traffic control devices shall conform to the manual and specifications of the State Highway Administration.</text> </section> <section article="gtr" article_name="Transportation" number="25-106.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>A person may not install or maintain, in any area of private property used by the public, any sign, signal, marking, or other device intended to regulate, warn, or guide traffic unless it conforms with the State manual and specifications adopted pursuant to § 25-104 of this subtitle.</text> </section> <section article="gtr" article_name="Transportation" number="25-107" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>As to any highway under its jurisdiction, a local authority may:</text> <level label="1"> <text>Require pedestrians to obey strictly any traffic control signal; and</text> </level> <level label="2"> <text>Prohibit pedestrians from crossing, except in a crosswalk:</text> <level label="i"> <text>Any roadway in a business district; or</text> </level> <level label="ii"> <text>Any designated highway.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-109" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <text>The State Highway Administration, as to both State and county highways, and any local authority, as to any other highways under its jurisdiction, may:</text> <level label="1"> <text>Designate through highways and place stop signs or yield signs at specified entrances to them; or</text> </level> <level label="2"> <text>Designate any intersection as a stop intersection or as a yield intersection and place stop signs or yield signs at one or more entrances to the intersection.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-110" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>With the advice of the State Department of Education, the Motor Vehicle Administration shall adopt and enforce rules and regulations not inconsistent with the Maryland Vehicle Law to govern the safe operation of all school vehicles.</text> </level> <level label="2"> <text>The following shall be subject to the rules and regulations adopted under this section:</text> <level label="i"> <text>Every school or school district and its officers and employees;</text> </level> <level label="ii"> <text>Every person employed under contract by a school or school district; and</text> </level> <level label="iii"> <text>Every person that owns or operates a school vehicle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Any officer or employee of any school or school district who violates any rule or regulation adopted under this section or fails to include the obligation to comply with these rules and regulations in any contract executed by him on behalf of a school or school district is guilty of misconduct and subject to removal from office or employment.</text> </level> <level label="2"> <level label="i"> <text>A person that owns or operates a school vehicle may not violate any rule or regulation adopted under this section.</text> </level> <level label="ii"> <text>A vehicle involved in a violation under subparagraph (i) of this paragraph is subject to suspension or revocation of its registration.</text> </level> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-111" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Direct assistance” means the provision of transportation and other relief services by a motor carrier or its drivers for the immediate restoration of essential services or the delivery of essential supplies.</text> </level> <level label="ii"> <text>“Direct assistance” does not include:</text> <level label="1"> <text>Transportation related to the long–term rehabilitation of damaged physical infrastructure; or</text> </level> <level label="2"> <text>Routine commercial deliveries made after the initial threat to life or property caused by a transportation emergency has passed.</text> </level> </level> </level> <level label="3"> <text>“Emergency relief” means an operation for which a motor carrier or driver of a commercial motor vehicle, in response to a transportation emergency, provides direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health or safety.</text> </level> <level label="4"> <text>“Essential services” includes electric or natural gas service, medical care, sewer service, water service, telecommunications service, or telecommunication transmissions.</text> </level> <level label="5"> <text>“Essential supplies” includes food or fuel.</text> </level> <level label="6"> <text>“Hazardous materials inspector” means a person who is assigned by the Department of the Environment and certified by the Department of State Police to perform an inspection authorized under this section.</text> </level> <level label="7"> <text>“Natural or man–made emergency” means a hurricane, a tornado, a thunderstorm, a snowstorm, an ice storm, a blizzard, a flood, wind–driven water, a tidal wave, a tsunami, an earthquake, a volcanic eruption, a mud slide, a drought, a forest fire, an explosion, an electricity blackout, or any other similar occurrence.</text> </level> <level label="8"> <text>“Police officer” means:</text> <level label="i"> <text>Any uniformed law enforcement officer who is certified or under the direction of a law enforcement officer who is certified by the Department of State Police to perform an inspection authorized under this section;</text> </level> <level label="ii"> <text>Any civilian employee of the Department of State Police assigned to enforce any regulation adopted under this section, but only while acting under written authorization of the Secretary of State Police;</text> </level> <level label="iii"> <text>Any civilian employee of the Maryland Transportation Authority Police who is:</text> <level label="1"> <text>Acting under the immediate direction and control of a uniformed police officer;</text> </level> <level label="2"> <text>Acting under the written authorization of the Secretary of State Police; and</text> </level> <level label="3"> <text>Certified by the Department of State Police to perform an inspection authorized under this section; or</text> </level> </level> <level label="iv"> <text>Any civilian employee of a local government who is:</text> <level label="1"> <text>Acting under the immediate direction and control of a uniformed police officer;</text> </level> <level label="2"> <text>Acting under the written authorization of the Secretary of State Police; and</text> </level> <level label="3"> <text>Certified by the Department of State Police to perform an inspection authorized under this section.</text> </level> </level> </level> <level label="9"> <text>“Public Service Commission inspector” means a person who is assigned by the Public Service Commission and certified by the Department of State Police to perform an inspection authorized under this section.</text> </level> <level label="10"> <text>“Transportation emergency” means any natural or man–made emergency that interrupts or may interrupt the delivery of essential services or essential supplies or otherwise immediately threatens human life or public welfare.</text> </level> </level> <level label="b"> <level label="1"> <text>Upon direction by a police officer or by an electronic signal to vehicles equipped with a CVISN transponder, the driver of any vehicle that is subject to any regulation adopted under this section shall stop and submit to an inspection:</text> <level label="i"> <text>All applicable driver records, including driver’s license, driver hours of service record and certificate of physical examination;</text> </level> <level label="ii"> <text>All load manifests, including bills of lading or other shipping documents; and</text> </level> <level label="iii"> <text>All cargo and cargo areas.</text> </level> </level> <level label="2"> <text>A police officer who is certified by the Department of State Police to perform an inspection authorized under this section, a Public Service Commission inspector, or a hazardous materials inspector may conduct a safety inspection of the vehicle that is subject to a regulation adopted under this section or § 22–409 of this article.</text> </level> </level> <level label="c"> <text>The operation of a vehicle on any highway in this State constitutes the consent of the driver and the owner of the vehicle to the inspection provided for in this section.</text> </level> <level label="d"> <level label="1"> <text>The driver of a vehicle shall obey every sign and every direction of a police officer or an electronic signal to a CVISN transponder to stop the vehicle and submit to the required inspection.</text> </level> <level label="2"> <text>If a driver fails or refuses to comply with the direction of a police officer or an electronic signal to a CVISN transponder to submit a vehicle to the required inspection, the police officer shall have the authority to take the vehicle and its load into temporary custody for the purpose of inspecting the vehicle, load, its equipment, or documents.</text> </level> <level label="3"> <text>The police officer may utilize resources as specified in § 16–303.1(b) of this article to conduct the safety inspection.</text> </level> <level label="4"> <text>In addition to any fine or penalty attributable to the inspection, or other offense, the driver is responsible for any additional costs incurred in inspecting the vehicle and its load because of the driver’s failure or refusal to comply with the direction of a police officer or an electronic signal to a CVISN transponder.</text> </level> </level> <level label="e"> <text>A sign used to direct vehicles under this section may be displayed only by a police officer who is assigned to enforce this section.</text> </level> <level label="f"> <level label="1"> <text>Except as provided in subsection (i) of this section, the Administration may adopt regulations as are necessary for the safe operation of vehicles that:</text> <level label="i"> <text>Exceed a gross vehicle weight rating of 10,000 pounds;</text> </level> <level label="ii"> <text>Are required to be marked or placarded for the transportation of hazardous materials; or</text> </level> <level label="iii"> <text>Are designed to transport 16 or more passengers including the driver over the highways of this State.</text> </level> </level> <level label="2"> <text>Any regulation adopted pursuant to this subsection shall:</text> <level label="i"> <text>Be formulated jointly by the Administration and the Department of State Police;</text> </level> <level label="ii"> <text>Duplicate or be consistent with the Federal Motor Carrier Safety Regulations contained in:</text> <level label="1"> <text>49 C.F.R., Part 40 (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”) and Part 382 (“Controlled Substances and Alcohol Use and Testing”), with respect to drug and alcohol testing regulations applicable to drivers required by regulation to possess a commercial driver’s license;</text> </level> <level label="2"> <text>49 C.F.R., Part 385, Subparts A, C, and D (“New Entrant Safety Assurance Program”);</text> </level> <level label="3"> <text>49 C.F.R., Part 386, Subparts F and G (“Injunctions and Imminent Hazards; Penalties”); and</text> </level> <level label="4"> <text>49 C.F.R., Parts 390 through 399 (“General Safety Requirements”);</text> </level> </level> <level label="iii"> <text>Apply to all vehicles with a gross vehicle weight rating or gross combination weight rating over 10,000 pounds that are subject to the Federal Motor Carrier Safety Regulations; and</text> </level> <level label="iv"> <text>Apply to vehicles with a gross vehicle weight rating or gross combination weight rating over 10,000 pounds that are not subject to the Federal Motor Carrier Safety Regulations, if the regulation adopted by the Motor Vehicle Administration specifically states that it applies to the vehicle.</text> </level> </level> <level label="3"> <text>The regulations adopted under this subsection may require that registrants of motor vehicles subject to this subsection have knowledge of applicable federal and State motor carrier safety regulations.</text> </level> </level> <level label="g"> <text>Any motor carrier or driver operating a vehicle that is subject to the regulations adopted under this section shall, at all times when operating the vehicle on a highway in this State, comply with the regulations adopted under this section.</text> </level> <level label="h"> <level label="1"> <text>During normal business hours, a police officer, a hazardous materials inspector, or a Public Service Commission inspector may enter the premises and inspect equipment and review and copy records of motor carriers subject to the regulations adopted under § 22–409 or § 23–302 of this article, Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, or Public Service Commission laws and regulations.</text> </level> <level label="2"> <text>During normal business hours, trained personnel from the Commercial Vehicle Enforcement Division of the Department of State Police may enter the premises and inspect, review, and copy records of motor carriers subject to the regulations adopted under this section, § 22–409 of this article, or § 23–302 of this article, including:</text> <level label="i"> <text>Any record required by this section;</text> </level> <level label="ii"> <text>Driver qualification files;</text> </level> <level label="iii"> <text>Hours of service records;</text> </level> <level label="iv"> <text>Drug and alcohol testing records of drivers required to be tested under this section; and</text> </level> <level label="v"> <text>Insurance records.</text> </level> </level> </level> <level label="i"> <level label="1"> <text>Except as provided for in paragraph (2) of this subsection, regulations adopted under this section for intrastate motor carrier transportation may not:</text> <level label="i"> <text>Apply the provisions of § 391.21, § 391.23, § 391.31, or § 391.35 of the Federal Motor Carrier Safety Regulations to:</text> <level label="1"> <text>A driver who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, if the driver continues to be a regularly employed driver of the motor carrier; or</text> </level> <level label="2"> <text>The motor carrier, with regard to a driver described under item 1 of this item, if the motor carrier continues to employ the driver;</text> </level> </level> <level label="ii"> <text>Limit a driver’s time or hours on duty if:</text> <level label="1"> <text>The driver operates only within a 150 air mile radius of the driver’s normal work reporting location;</text> </level> <level label="2"> <text>The driver returns to the driver’s normal work reporting location;</text> </level> <level label="3"> <text>The driver is released from work within a period of 16 consecutive hours, not more than 12 of which are dedicated to driving, and is given at least 8 consecutive hours off duty; and</text> </level> <level label="4"> <text>Regardless of the number of motor carriers using the driver’s services, the driver:</text> </level> <level label="A"> <text>If the employing motor carrier does not operate motor vehicles every day of the week, has been on duty no more than 70 hours in a period of 7 consecutive days; or</text> </level> <level label="B"> <text>If the employing motor carrier operates motor vehicles every day of the week, has been on duty no more than 80 hours in a period of 8 consecutive days;</text> </level> </level> <level label="iii"> <text>Require a driver to maintain a record of duty status if the driver is not subject to item (ii) of this paragraph, except that, if a driver is on duty for a period of more than 12 hours, the driver shall maintain a record of the driver’s duty status that:</text> <level label="1"> <text>For the first 12 hours of time on duty, accounts for all time dedicated to driving; and</text> </level> <level label="2"> <text>For all time on duty in excess of 12 hours, conforms to the recording requirements provided in federal regulations; or</text> </level> </level> <level label="iv"> <text>Except in the case of bus drivers, apply the provisions of § 391.41(b)(1) through (11) of the Federal Motor Carrier Safety Regulations before October 1, 2023 to any person who:</text> <level label="1"> <text>On October 1, 2003, was otherwise qualified to operate and operated a vehicle or vehicle combination used in intrastate commerce with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more and, after October 1, 2003, remained qualified to operate and continued to operate such a vehicle;</text> </level> <level label="2"> <text>Operates only in intrastate commerce; and</text> </level> <level label="3"> <text>Has a mental or physical condition which would disqualify the person under the Federal Motor Carrier Safety Regulations and:</text> </level> <level label="A"> <text>The condition existed on October 1, 2003 or at the time of the first physical examination after that date to which the person submitted as required by regulations adopted by the Administration under subsection (k) of this section; and</text> </level> <level label="B"> <text>A physician who has examined the person has determined that the condition has not substantially worsened and that no other disqualifying medical or physical condition has developed since October 1, 2003 or the time of the first required physical examination after that date.</text> </level> </level> </level> <level label="2"> <text>Nothing contained in this subsection limits regulation of the qualifications or hours of service of a driver of a vehicle:</text> <level label="i"> <text>In interstate commerce;</text> </level> <level label="ii"> <text>Transporting hazardous materials of a type and quantity requiring placarding under Federal Hazardous Materials Regulations; or</text> </level> <level label="iii"> <text>Designed to transport 16 or more passengers, including the driver.</text> </level> </level> </level> <level label="j"> <level label="1"> <text>Notwithstanding the provisions of § 14–107 of the Public Safety Article, the Governor may delegate the power to declare a transportation emergency to the Secretary or the Secretary’s designee.</text> </level> <level label="2"> <level label="i"> <text>The Secretary or the Secretary’s designee may declare a transportation emergency.</text> </level> <level label="ii"> <level label="1"> <text>During the time in which a transportation emergency declared under this subsection exists, the Secretary or the Secretary’s designee may waive all or part of the Federal Motor Carrier Safety Regulations contained in 49 C.F.R. Parts 390–399 that have been adopted for intrastate motor carrier transportation under this section if the Secretary or the Secretary’s designee reasonably expects that the waiver will facilitate emergency relief efforts.</text> </level> <level label="2"> <level label="A"> <text>This waiver shall apply only to motor carriers and drivers operating commercial motor vehicles while providing emergency relief.</text> </level> </level> <level label="B"> <text>When a transportation emergency terminates, an empty motor carrier or the driver of an empty motor carrier may return to the motor carrier’s terminal or the driver’s normal work reporting location.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>All declarations issued under this subsection shall indicate the nature of the transportation emergency, the area or areas threatened, and the conditions which have brought it about.</text> </level> <level label="ii"> <text>A declaration shall be disseminated by a means calculated to bring its contents to the attention of the general public, in the areas affected by the declaration.</text> </level> </level> <level label="4"> <text>Within 10 days of the issuance of any declaration issued under this subsection, the Secretary or the Secretary’s designee shall notify the Governor of the nature of the declaration.</text> </level> <level label="5"> <level label="i"> <text>A transportation emergency declared by the Secretary or the Secretary’s designee lasts for the lesser of 5 days from the date of the initial declaration or for the duration of the emergency conditions.</text> </level> <level label="ii"> <text>If conditions warrant, the Secretary or the Secretary’s designee may renew a transportation emergency beyond the initial 5–day period for up to three renewal periods of 5 days each.</text> </level> <level label="iii"> <level label="1"> <text>A transportation emergency may not extend for more than 20 days.</text> </level> <level label="2"> <text>If the duration of the transportation emergency conditions extends for more than 20 days, the Governor may take any action authorized under this subsection to facilitate emergency relief efforts through a declaration of a state of emergency under § 14–107 of the Public Safety Article.</text> </level> </level> </level> </level> <level label="k"> <text>For the purposes of subsection (i) of this section, the Administration shall adopt regulations requiring physical examinations for intrastate commercial motor vehicle drivers.</text> </level> <level label="l"> <text>A person convicted of a violation of this section is subject to:</text> <level label="1"> <text>For a first offense, a fine not exceeding $1,000;</text> </level> <level label="2"> <text>For a second offense, a fine not exceeding $2,000; and</text> </level> <level label="3"> <text>For a third or subsequent offense, a fine not exceeding $3,000.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-111.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>The Administration, in consultation with the State Highway Administration, may adopt rules and regulations that are consistent with 49 C.F.R., Part 387.</text> </level> <level label="b"> <text>The rules and regulations adopted under subsection (a) of this section shall apply to the following vehicles:</text> <level label="1"> <text>For–hire vehicles engaged in intrastate commerce that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property;</text> </level> <level label="2"> <text>For–hire vehicles engaged in interstate commerce that:</text> <level label="i"> <text>Exceed a gross vehicle weight rating of 10,000 pounds and are designed to carry property; or</text> </level> <level label="ii"> <text>Are designed to transport passengers, including the driver; and</text> </level> </level> <level label="3"> <text>Vehicles that are required to be marked or placarded for the transportation of hazardous materials or otherwise are subject to the requirements of 49 C.F.R., Part 387 when transporting hazardous materials.</text> </level> </level> <level label="c"> <text>Any motor carrier operating a vehicle that is subject to the rules and regulations adopted under this section shall, at all times when operating the vehicle on a highway in the State, comply with the rules and regulations adopted under this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-112" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>In this section and in § 25–111 of this subtitle the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Cloned CVISN transponder” means a CVISN transponder or other electronic device that has been converted with the electronic serial number or other proprietary information obtained without the consent of the State.</text> </level> <level label="3"> <text>“CVISN” means the Commercial Vehicle Information Systems and Network, a motor carrier program managed by the Department, together with other State agencies.</text> </level> <level label="4"> <text>“CVISN transponder” means an electronic device acquired by motor carriers to allow electronic signaling through CVISN.</text> </level> <level label="5"> <text>“Manufacture” means to produce, assemble, modify, alter, program, reprogram, or tamper with a CVISN transponder without the consent of the State.</text> </level> <level label="6"> <text>“Sell” means to sell, exchange, give, or dispose of to another, or to offer or agree to do the same.</text> </level> </level> <level label="b"> <level label="1"> <text>A person may not knowingly possess or use a cloned CVISN transponder or possess a CVISN transponder with the intent to manufacture a cloned CVISN transponder.</text> </level> <level label="2"> <text>A person may not knowingly distribute or possess with intent to distribute, manufacture, or sell a cloned CVISN transponder.</text> </level> <level label="3"> <text>A person may not knowingly remove a CVISN transponder from the commercial vehicle to which it is registered and place it in another vehicle.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, if the operator of a motor vehicle is in possession of a cloned CVISN transponder or a CVISN transponder placed in a commercial vehicle to which it is not registered, the registered owner of the motor vehicle shall be liable for the violation under this section.</text> </level> <level label="2"> <text>A registered owner is not liable for a violation under this section if:</text> <level label="i"> <text>The operator of the vehicle has been adjudicated to be solely responsible for the violation;</text> </level> <level label="ii"> <text>A person other than the registered owner has been adjudicated to be responsible for the violation; or</text> </level> <level label="iii"> <level label="1"> <text>The registered owner is a lessor of the motor vehicle;</text> </level> <level label="2"> <text>At the time of the violation, the motor vehicle involved was in the possession of a lessee; and</text> </level> <level label="3"> <text>The lessor, within 30 days of the issuance of the citation, provides the Department or its authorized agent with a copy of the lease agreement identifying the lessee.</text> </level> </level> </level> </level> <level label="d"> <level label="1"> <text>In addition to any other penalty provided by law, including being disqualified from driving a commercial motor vehicle under § 16–812 of this article, a driver or an owner convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.</text> </level> <level label="2"> <text>The Administration may not register or transfer the registration of any vehicle involved in a violation of this section until final disposition of the violation.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-113" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Law enforcement agency” means an agency that is listed in § 3–101(e) of the Public Safety Article.</text> </level> <level label="3"> <text>“Law enforcement officer” means any person who, in an official capacity, is authorized by law to make arrests and who is an employee of a law enforcement agency.</text> </level> <level label="4"> <text>“Maryland Police Training and Standards Commission” means the unit within the Department of Public Safety and Correctional Services established under § 3–202 of the Public Safety Article.</text> </level> <level label="5"> <text>“Maryland Statistical Analysis Center” means the research, development, and evaluation component of the Governor’s Office of Crime Prevention and Policy.</text> </level> <level label="6"> <level label="i"> <text>“Traffic stop” means any instance when a law enforcement officer stops the driver of a motor vehicle and detains the driver for any period of time for a violation of the Maryland Vehicle Law.</text> </level> <level label="ii"> <text>“Traffic stop” does not include:</text> <level label="1"> <text>A checkpoint or roadblock stop;</text> </level> <level label="2"> <text>A stop of multiple vehicles due to a traffic accident or emergency situation requiring the stopping of vehicles for public safety purposes;</text> </level> <level label="3"> <text>A stop based on the use of radar, laser, or vascar technology; or</text> </level> <level label="4"> <text>A stop based on the use of license plate reader technology.</text> </level> </level> </level> </level> <level label="b"> <text>The Maryland Police Training and Standards Commission, in consultation with the Maryland Statistical Analysis Center, shall develop:</text> <level label="1"> <text>A model format for the efficient recording of data required under subsection (d) of this section on an electronic device, or by any other means, for use by a law enforcement agency;</text> </level> <level label="2"> <text>Guidelines that each law enforcement agency may use as a management tool to evaluate data collected by its officers for use in counseling and improved training;</text> </level> <level label="3"> <text>A standardized format that each law enforcement agency shall use in reporting data to the Maryland Statistical Analysis Center under subsection (e) of this section; and</text> </level> <level label="4"> <text>A model policy against race–based traffic stops that a law enforcement agency may use in developing its policy in accordance with subsection (g) of this section.</text> </level> </level> <level label="c"> <level label="1"> <text>Subject to paragraph (2) of this subsection, this section applies to each law enforcement agency that has one or more law enforcement officers.</text> </level> <level label="2"> <text>Except as provided in subsection (e)(2) of this section, this section does not apply to a law enforcement agency that is subject to an agreement with the United States Department of Justice that requires the law enforcement agency to collect data on the race or ethnicity of the drivers of motor vehicles stopped.</text> </level> </level> <level label="d"> <text>Each time a law enforcement officer makes a traffic stop, that officer shall report the following information to the law enforcement agency that employs the officer using the format developed under subsection (b)(1) of this section:</text> <level label="1"> <text>The date, location, and time of the stop;</text> </level> <level label="2"> <text>The approximate duration of the stop;</text> </level> <level label="3"> <text>The traffic violation or violations alleged to have been committed that led to the stop;</text> </level> <level label="4"> <text>Whether a search was conducted as a result of the stop;</text> </level> <level label="5"> <text>If a search was conducted, the reason for the search, whether the search was consensual or nonconsensual, whether a person was searched, and whether a person’s property was searched;</text> </level> <level label="6"> <text>Whether any contraband or other property was seized in the course of the search;</text> </level> <level label="7"> <text>Whether a warning, safety equipment repair order, or citation was issued as a result of the stop;</text> </level> <level label="8"> <text>If a warning, safety equipment repair order, or citation was issued, the basis for issuing the warning, safety equipment repair order, or citation;</text> </level> <level label="9"> <text>Whether an arrest was made as a result of either the stop or the search;</text> </level> <level label="10"> <text>If an arrest was made, the crime charged;</text> </level> <level label="11"> <text>The state in which the stopped vehicle is registered;</text> </level> <level label="12"> <text>The gender of the driver;</text> </level> <level label="13"> <text>The date of birth of the driver;</text> </level> <level label="14"> <text>The state and, if available on the driver’s license, the county of residence of the driver; and</text> </level> <level label="15"> <text>The race or ethnicity of the driver as:</text> <level label="i"> <text>Asian;</text> </level> <level label="ii"> <text>Black;</text> </level> <level label="iii"> <text>Hispanic;</text> </level> <level label="iv"> <text>White; or</text> </level> <level label="v"> <text>Other.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>A law enforcement agency shall:</text> <level label="i"> <text>Compile the data described in subsection (d) of this section for the calendar year as a report in the format required under subsection (b)(3) of this section; and</text> </level> <level label="ii"> <text>Submit the report to the Maryland Statistical Analysis Center no later than March 1 of the following calendar year.</text> </level> </level> <level label="2"> <text>A law enforcement agency that is exempt under subsection (c)(2) of this section shall submit to the Maryland Statistical Analysis Center copies of reports it submits to the United States Department of Justice in lieu of the report required under paragraph (1) of this subsection.</text> </level> </level> <level label="f"> <level label="1"> <text>The Maryland Statistical Analysis Center shall analyze the annual reports of law enforcement agencies submitted under subsection (e) of this section based on a methodology developed in consultation with the Maryland Police Training and Standards Commission.</text> </level> <level label="2"> <level label="i"> <text>On or before September 1 each year, the Maryland Statistical Analysis Center shall post on its website in a location that is easily accessible to the public a filterable data display showing all data collected under this section for the previous calendar year.</text> </level> <level label="ii"> <text>A filterable data display under this paragraph shall allow a person to:</text> <level label="1"> <text>Filter the traffic stop data by county or municipality or law enforcement agency; and</text> </level> <level label="2"> <text>Review various visuals associated with data items reported under subsection (d) of this section.</text> </level> </level> <level label="iii"> <text>Beginning with data collected for calendar year 2018, the Maryland Statistical Analysis Center shall include and maintain data from all prior years in the filterable data display.</text> </level> <level label="iv"> <text>When the Maryland Statistical Analysis Center updates a filterable data display under this section, the Governor’s Office of Crime Prevention and Policy shall provide electronic and written notice of the update to the General Assembly in accordance with § 2–1257 of the State Government Article.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>A law enforcement agency shall adopt a policy against race–based traffic stops that is to be used as a management tool to promote nondiscriminatory law enforcement and in the training and counseling of its officers.</text> </level> <level label="2"> <level label="i"> <text>The policy shall prohibit the practice of using an individual’s race or ethnicity as the sole justification to initiate a traffic stop.</text> </level> <level label="ii"> <text>The policy shall make clear that it may not be construed to alter the authority of a law enforcement officer to make an arrest, conduct a search or seizure, or otherwise fulfill the officer’s law enforcement obligations.</text> </level> </level> <level label="3"> <text>The policy shall provide for the law enforcement agency to periodically review data collected by its officers under subsection (d) of this section and to review the annual report of the Maryland Statistical Analysis Center for purposes of paragraph (1) of this subsection.</text> </level> </level> <level label="h"> <level label="1"> <text>If a law enforcement agency fails to comply with the reporting provisions of this section, the Maryland Statistical Analysis Center shall report the noncompliance to the Maryland Police Training and Standards Commission.</text> </level> <level label="2"> <text>The Maryland Police Training and Standards Commission shall contact the law enforcement agency and request that the agency comply with the required reporting provisions.</text> </level> <level label="3"> <text>If the law enforcement agency fails to comply with the required reporting provisions within 30 days after being contacted by the Maryland Police Training and Standards Commission, the Maryland Statistical Analysis Center and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-114" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>In this section, “checkpoint” means a predetermined fixed location at which a police officer stops a motor vehicle or a specific sequence of motor vehicles to conduct safety inspections, inspect drivers’ licenses or registrations, or evaluate drivers for impairment.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, a police officer at a motor vehicle checkpoint may not target only motorcycles for inspection or evaluation.</text> </level> <level label="c"> <text>A police officer at a motor vehicle checkpoint established as part of a police search or investigation may target motorcycles as appropriate.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-115" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities"> <level label="a"> <text>In this section, “police department” has the meaning stated in § 25–201(e)(5) of this title.</text> </level> <level label="b"> <text>Neither the governing body of Prince George’s County nor the police department may use other persons, equipment, or facilities for removing, preserving, and storing vehicles under § 16–303.1 of this article, § 25–203 of this title, or any other State or local law unless the services of the person or the equipment or facilities are selected from an open procurement administered by the Prince George’s County Office of Central Services.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-201" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Abandoned vehicle” means any motor vehicle, trailer, or semitrailer:</text> <level label="1"> <text>That is inoperable and left unattended on public property for more than 48 hours;</text> </level> <level label="2"> <text>That has remained illegally on public property for more than 48 hours;</text> </level> <level label="3"> <text>That has remained on private property for more than 48 hours without the consent of the owner or person in control of the property;</text> </level> <level label="4"> <text>That has remained in a garage for more than 10 days after the garage keeper has given the owner of the vehicle notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to remove the vehicle;</text> </level> <level label="5"> <text>That has remained in a garage for more than 10 days after the period when, by contract, the vehicle was to remain in the garage;</text> </level> <level label="6"> <text>That was left for more than 10 days in a garage by:</text> <level label="i"> <text>Someone other than its registered owner; or</text> </level> <level label="ii"> <text>A person authorized to have possession of the vehicle under a contract of use, service, storage, or repair;</text> </level> </level> <level label="7"> <text>That has remained on public property for more than 48 hours and:</text> <level label="i"> <text>Is not displaying currently valid registration plates; or</text> </level> <level label="ii"> <text>Is displaying registration plates of another vehicle;</text> </level> </level> <level label="8"> <text>That has been left unattended on any portion of a “controlled access highway” as defined in § 8–101(f) of this article for more than 24 hours;</text> </level> <level label="9"> <text>That has been left unattended on any portion of a primary or secondary highway or controlled access highway, as defined in § 8–101 of this article, and is in violation of any of the provisions of § 22–408 of this article; or</text> </level> <level label="10"> <text>That is not reclaimed as provided under § 16–303.1 of this article.</text> </level> </level> <level label="c"> <text>“Garage” means any of the following, if operated for commercial purposes:</text> <level label="1"> <text>A parking place or establishment;</text> </level> <level label="2"> <text>A vehicle storage facility; or</text> </level> <level label="3"> <text>An establishment for the servicing, repair, or maintenance of vehicles.</text> </level> </level> <level label="d"> <level label="1"> <text>“Lessor” means a person who regularly leases or offers to lease motor vehicles.</text> </level> <level label="2"> <text>“Lessor” includes:</text> <level label="i"> <text>An assignee of leases; and</text> </level> <level label="ii"> <text>A person who during any 12–month period offers to lease 5 or more motor vehicles or who is assigned 5 or more leases.</text> </level> </level> </level> <level label="e"> <text>“Police department” means:</text> <level label="1"> <text>The Department of State Police;</text> </level> <level label="2"> <text>The police department of any political subdivision of this State;</text> </level> <level label="3"> <text>In Baltimore City, the appropriate agency designated by the Board of Estimates;</text> </level> <level label="4"> <text>The police forces of public colleges and universities;</text> </level> <level label="5"> <text>In Prince George’s County, an appropriate agency or department designated by the County Executive;</text> </level> <level label="6"> <text>In any municipality in Prince George’s County or Montgomery County, an appropriate agency or department designated by the governing body of the municipality; and</text> </level> <level label="7"> <text>The police force of any State government agency.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-202" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>A person may not abandon a vehicle:</text> <level label="1"> <text>On any public property; or</text> </level> <level label="2"> <text>On any property other than his own without the permission of the owner or lessee of the property.</text> </level> </level> <level label="b"> <text>The last known registered owner of an abandoned vehicle is considered to be the prima facie owner of the vehicle at the time it was abandoned and the person who abandoned it.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-203" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>A police department may take any abandoned vehicle into custody. For this purpose, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of subsection (b) of this section and except as provided in § 25–115 of this title, use other persons, equipment, and facilities for removing, preserving, and storing abandoned vehicles.</text> </level> <level label="b"> <text>A police department may not authorize the use of a tow truck under subsection (a) of this section unless the tow truck is registered under § 13–920 of this article.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-204" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <level label="1"> <text>As soon as reasonably possible and within 7 days at most after it takes an abandoned vehicle into custody, a police department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:</text> <level label="i"> <text>Subject to paragraph (2) of this subsection, the last known registered owner of the vehicle; and</text> </level> <level label="ii"> <text>Subject to paragraph (3) of this subsection, each secured party, as shown on the records of the Administration.</text> </level> </level> <level label="2"> <text>A police department may notify the last known registered owner electronically through the Administration if:</text> <level label="i"> <text>The Administration sends the notice to the owner using the e–mail address the owner provided to the Administration, as shown in the records of the Administration; and</text> </level> <level label="ii"> <text>The police department sends the owner notice by certified mail, return receipt requested, and first–class mail, if the owner does not respond within 7 days after the electronic notice was sent by the Administration.</text> </level> </level> <level label="3"> <text>A police department may send notice to any secured party electronically, if that form of notice is agreed to by the police department, the tower, and the secured party in writing or by electronic communication.</text> </level> </level> <level label="b"> <text>The notice shall:</text> <level label="1"> <text>State that the abandoned vehicle has been taken into custody;</text> </level> <level label="2"> <text>Describe the year, make, model, and vehicle identification number of the vehicle;</text> </level> <level label="3"> <text>Give the location of the facility where the vehicle is held;</text> </level> <level label="4"> <level label="i"> <text>Inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; or</text> </level> <level label="ii"> <text>In Baltimore City and Montgomery County, subject to subsection (a)(2) and (3) of this section, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and</text> </level> </level> <level label="5"> <text>State that the failure of the owner or secured party to exercise this right in the time provided is:</text> <level label="i"> <text>A waiver by the owner or secured party of all of the owner’s or secured party’s right, title, and interest in the vehicle;</text> </level> <level label="ii"> <text>A consent to the sale of the vehicle at public auction; and</text> </level> <level label="iii"> <text>A consent by the owner other than a lessor to the retention of the vehicle for public purposes as provided in § 25–207 of this subtitle.</text> </level> </level> </level> <level label="c"> <text>In Baltimore City, Prince George’s County, and Montgomery County, a police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by §§ 25–206.1 and 25–206.2 of this subtitle. If a police department or its agent seeks to apply the provisions of §§ 25–206.1 and 25–206.2 of this subtitle, the notice required by this section shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause:</text> <level label="1"> <text>Continuing liability of the owner for costs of:</text> <level label="i"> <text>Impoundment;</text> </level> <level label="ii"> <text>Storage within the chargeable limit for storage as provided in § 25–206.1(b) of this subtitle; and</text> </level> <level label="iii"> <text>Sale of the vehicle; and</text> </level> </level> <level label="2"> <text>Denial of any application by the owner to renew the registration of any vehicle as required by § 25–206.2 of this subtitle.</text> </level> </level> <level label="d"> <text>The Administration shall adopt regulations to allow for electronic notification to the last known registered owner of a vehicle under subsection (a)(2) of this section.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-205" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>This section applies if:</text> <level label="1"> <text>The identity of the last registered owner of an abandoned vehicle cannot be determined;</text> </level> <level label="2"> <text>The registration of the vehicle gives no address for the owner;</text> </level> <level label="3"> <text>It is impossible to determine with reasonable certainty the identity and address of each secured party;</text> </level> <level label="4"> <text>The certified mail notice required by § 25–204 of this subtitle is returned as undeliverable; or</text> </level> <level label="5"> <text>The electronic notices authorized under § 25–204(a)(2) or (3) of this subtitle are not acknowledged or are returned as undeliverable.</text> </level> </level> <level label="b"> <text>Under one of the conditions described in subsection (a) of this section, a police department that takes an abandoned vehicle into custody shall give the required notice by posting a notice complying with the provisions of subsection (c) of this section in the circuit court of the county where the abandoned vehicle was found.</text> </level> <level label="c"> <text>The notice:</text> <level label="1"> <text>May contain multiple listings of abandoned vehicles;</text> </level> <level label="2"> <text>Shall contain the information required by § 25–204 of this subtitle; and</text> </level> <level label="3"> <text>Shall be posted:</text> <level label="i"> <text>Within 15 days of the taking into custody of the vehicle; or</text> </level> <level label="ii"> <text>If the notice by posting under this section is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, within 7 days of the return of that prior notice.</text> </level> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-206" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>If the owner or secured party fails to reclaim an abandoned vehicle within 3 weeks after notice is given under this subtitle, the owner or secured party is deemed to have waived all of the owner’s or secured party’s right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.</text> </level> <level label="b"> <text>In Baltimore City and Montgomery County, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under § 25-204(b)(4)(ii) of this subtitle, the owner or secured party is deemed to have waived all of the owner’s or secured party’s right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-206.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>This section applies to any vehicle sold by a police department of Baltimore City, Prince George’s County, Montgomery County, or a municipal corporation in Prince George’s County or Montgomery County under this subtitle as an abandoned vehicle, and to any vehicle sold pursuant to an ordinance of the Mayor and City Council of Baltimore, an ordinance or local law enacted by Prince George’s County or Montgomery County, or an ordinance enacted by a municipal corporation in Prince George’s County or Montgomery County governing vehicles that are:</text> <level label="1"> <text>Abandoned and unclaimed;</text> </level> <level label="2"> <text>Reported stolen, recovered, and subsequently unclaimed; or</text> </level> <level label="3"> <text>Involved in an accident, removed by police, and subsequently unclaimed.</text> </level> </level> <level label="b"> <text>If the money collected from the sale of a vehicle subject to this section is not enough to reimburse a police department or its agent for the costs of towing, preserving, and storing the vehicle and for the expenses of sale, including all publication and notice costs, the last registered owner shall be liable to the police department or its agent for the deficiency. For purposes of this subsection, the costs chargeable to an owner for the preservation and storage of a vehicle may not exceed $300.</text> </level> <level label="c"> <text>If a vehicle subject to this section is transferred by the registered owner after it has been towed or impounded and before its sale at auction, and the transferee is given a copy of the notice required under § 25-204 of this subtitle, by the transferor or by the towing or impounding agency, then the transferee shall be liable for the costs provided by this section.</text> </level> <level label="d"> <text>The liability provided by this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred.</text> </level> <level label="e"> <text>The liability provided by this section does not apply in any case in which notice as required by § 25-204(c) of this subtitle has not been provided.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-206.2" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>The Administration may not renew the registration of any vehicle subject to this section if it is notified by a police department of Baltimore City, Prince George’s County, Montgomery County, or a municipal corporation in Prince George’s County or Montgomery County that the applicant has failed to satisfy a liability arising under § 25-206.1 of this subtitle to the police department or its agent.</text> </level> <level label="b"> <level label="1"> <text>The restriction provided by this section shall apply to all vehicles registered to the applicant at the time that notification is made by a police department as provided in subsection (a) of this section.</text> </level> <level label="2"> <text>The restriction provided by this section may not apply solely to those vehicles provided for under § 25-206.1 of this subtitle.</text> </level> </level> <level label="c"> <text>The Administration shall continue to refuse an application as required by subsection (a) of this section until it is notified by the police department that the applicant is no longer subject to the restriction imposed by this section.</text> </level> <level label="d"> <text>The penalty provided in this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred.</text> </level> <level label="e"> <text>The penalty provided by this section does not apply in any case in which notice as required by § 25-204(c) of this subtitle has not been provided.</text> </level> <level label="f"> <text>The Administration shall adopt procedures by which a police department shall notify it of any restriction or rescission of a restriction under this section on a person’s ability to register or transfer the registration of a vehicle.</text> </level> <level label="g"> <text>The restrictions and procedures provided by this section are in addition to any other penalty provided by law for the abandonment of, or failure to reclaim impounded vehicles.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-207" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>Except as provided in subsection (e) of this section, if an abandoned vehicle is not reclaimed as provided for in this subtitle, the police department shall sell the vehicle at public auction.</text> </level> <level label="b"> <text>The buyer of the vehicle at auction:</text> <level label="1"> <text>Takes ownership of the vehicle free and clear of any claim of ownership or lien of any other person;</text> </level> <level label="2"> <text>Is entitled to a sales receipt, on a form that is approved by the Administration, from the police department;</text> </level> <level label="3"> <text>Is entitled to obtain a salvage certificate for the vehicle; and</text> </level> <level label="4"> <text>May obtain a certificate of title under § 13-507 of this article.</text> </level> </level> <level label="c"> <text>The sales receipt, on a form that is approved by the Administration, is sufficient title for transferring the vehicle to an automotive dismantler and recycler or scrap processor for dismantling, destroying, or scrapping, in which case, a certificate of title is not required.</text> </level> <level label="d"> <text>Except as otherwise provided in this subtitle:</text> <level label="1"> <text>From the proceeds of the sale of an abandoned vehicle, the police department shall reimburse itself for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this subtitle; and</text> </level> <level label="2"> <text>Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to:</text> <level label="i"> <text>The treasury of the county in which the sale was made; or</text> </level> <level label="ii"> <text>In the case of a municipality that conducts the sale, the treasury of the municipality.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>After satisfying the requirements for obtaining a certificate of title for an abandoned vehicle under § 25-207.1 of this subtitle, a police department may retain and use the vehicle for public purposes without any further notice or consent of the owner other than a lessor as provided in paragraph (2) of this subsection.</text> </level> <level label="2"> <level label="i"> <text>If there is a secured party with an interest in the vehicle as shown on the records of the Administration, the police department may not retain the vehicle for public purposes without the written consent of the secured party.</text> </level> <level label="ii"> <text>If the vehicle is owned by a lessor under a lease not intended as security, the police department may not retain the vehicle for public purposes without the written consent of the lessor.</text> </level> </level> </level> <level label="f"> <text>A vehicle retained for public purposes under subsection (e) of this section:</text> <level label="1"> <text>May be dismantled or disassembled for the purpose of using its component parts; and</text> </level> <level label="2"> <text>When no longer usable for public purposes, may at the discretion of the police department, without further notice, be sold at public auction as provided in this subtitle or transferred by the police department to a scrap processor licensed under § 15-502 of this article.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-207.1" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>This section applies to any vehicle:</text> <level label="1"> <text>Which is impounded by a police department either as abandoned or pursuant to other State or local law;</text> </level> <level label="2"> <text>From which the engine or vehicle serial number has been removed or defaced; and</text> </level> <level label="3"> <text>Of which neither the owner nor any secured party can be identified from records of the Administration or other reasonable steps taken by the police department.</text> </level> </level> <level label="b"> <text>The police department on whose authority the vehicle was impounded may apply to the Administration for an assignment of an identification number under §§ 13-106.1 and 14-107 of this article.</text> </level> <level label="c"> <text>The police department on whose authority the vehicle was impounded may apply to the Administration for a certificate of title to a vehicle, and shall submit as evidence of ownership:</text> <level label="1"> <text>A copy of the return receipt or certified mail notice returned as undeliverable, received under § 25-204 of this subtitle; or</text> </level> <level label="2"> <text>A copy of the notice published under § 25-205 of this subtitle.</text> </level> </level> <level label="d"> <text>Notwithstanding the provisions of § 25-207 of this subtitle, the police department, after satisfying the requirements of subsections (b) and (c) of this section, may retain and use the vehicle for public purposes.</text> </level> <level label="e"> <text>Any vehicle retained for use under this section:</text> <level label="1"> <text>May not be dismantled or disassembled for the purpose of using its component parts; and</text> </level> <level label="2"> <text>When no longer usable for public purposes, shall be transferred by the police department to a scrap processor licensed under § 15-502 of this article.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-208" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>In this section, “abandoned” means abandoned in a garage, as described in § 25-201(b)(4), (5), or (6) of this subtitle.</text> </level> <level label="b"> <level label="1"> <text>A garage keeper shall report any vehicle abandoned in the garage to the appropriate police department.</text> </level> <level label="2"> <text>Any garage keeper who fails to report the vehicle within 10 days after it becomes abandoned no longer has any claim for servicing, storage, or repair of the vehicle.</text> </level> </level> <level label="c"> <text>The police department may take the abandoned vehicle into custody and sell it in accordance with the procedures set forth in this subtitle, unless:</text> <level label="1"> <text>The vehicle is reclaimed by the owner or secured party; and</text> </level> <level label="2"> <text>The garage keeper is paid.</text> </level> </level> <level label="d"> <text>As to the proceeds of the sale:</text> <level label="1"> <text>They shall be applied, first, to the garage keeper’s charges for servicing, storage, or repair; and</text> </level> <level label="2"> <text>Any surplus proceeds shall be distributed in accordance with § 25-207(d) of this subtitle.</text> </level> </level> <level label="e"> <text>This section does not impair any:</text> <level label="1"> <text>Lien of a garage keeper under the laws of this State; or</text> </level> <level label="2"> <text>The right of any secured party to foreclose.</text> </level> </level> </section> <section article="gtr" article_name="Transportation" number="25-209" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="2" subtitle_name="Abandoned Vehicles"> <level label="a"> <text>A person who owns a vehicle, on whose property is found an abandoned vehicle, or who has lawful, documented possession of a vehicle for which the certificate of title is defective, lost, or destroyed, may apply to a law enforcement agency for the jurisdiction in which the vehicle is located for authority to transfer the vehicle to an automotive dismantler and recycler or scrap processor.</text> </level> <level label="b"> <text>The application shall be made under penalty of perjury and shall include:</text> <level label="1"> <text>The name and address of the applicant;</text> </level> <level label="2"> <text>The year, make, model, and vehicle identification number of the vehicle, if ascertainable, and any other identifying features of the vehicle;</text> </level> <level label="3"> <text>A concise statement of the facts about the abandonment of the vehicle or the loss, destruction, or defect of the certificate of title of the vehicle; and</text> </level> <level label="4"> <text>An affidavit stating that the facts alleged in the application are true and that no material fact has been withheld.</text> </level> </level> <level label="c"> <text>If a law enforcement agency finds that the application is executed in proper form and shows either that the vehicle has been abandoned on the property of the applicant or, if the vehicle is not abandoned, that the applicant appears to be the rightful owner, the law enforcement agency may:</text> <level label="i"> <text>If the applicant appears to be the rightful owner, approve the request on verification of the information in the application; or</text> </level> <level label="ii"> <text>If the application is made by a person other than the rightful owner, follow the notification procedures of §§ 25–204 and 25–205 of this subtitle.</text> </level> </level> <level label="c–1"> <text>If the applicant submits with the application documentary proof that the notification procedures of §§ 25–204 and 25–205 of this subtitle already have been complied with, the law enforcement agency shall accept the document as proof of compliance and the agency is not required to provide this notification.</text> </level> <level label="d"> <level label="1"> <text>If an abandoned vehicle is not reclaimed in the time required by this subtitle or notice has already been provided to the owner and any secured party, the law enforcement agency shall give the applicant a certificate of authority to transfer the vehicle to:</text> <level label="i"> <text>Any automotive dismantler and recycler for:</text> <level label="1"> <text>Dismantling, destroying, or scrapping; or</text> </level> <level label="2"> <text>Salvaging as authorized under § 13–506 of this article; or</text> </level> </level> <level label="ii"> <text>Any scrap processor for dismantling, destroying, or scrapping.</text> </level> </level> <level label="2"> <text>The automotive dismantler and recycler or scrap processor shall accept the certificate of authority instead of the certificate of title of the vehicle.</text> </level> <level label="3"> <text>The automotive dismantler and recycler may apply for a salvage certificate as provided in § 13–506 of this article.</text> </level> </level> <level label="e"> <text>A person may not knowingly make a false statement on an application for a certificate of authority under this section.</text> </level> <level label="f"> <text>A person who violates subsection (e) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.</text> </level> </section> <section article="gtr" article_name="Transportation" number="25-301" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="3" subtitle_name="Potomac River Bridges Towing Compact"> <text>Article I</text> <text>Parties and Title</text> <text>This agreement shall be known as the Potomac River Bridges Towing Compact and the parties to this agreement are the Commonwealth of Virginia, the State of Maryland, and the District of Columbia.</text> <text>Article II</text> <text>Findings and Purpose</text> <text>The Woodrow Wilson Memorial Bridge, Rochambeau Memorial Bridge, George Mason Memorial Bridge, Theodore Roosevelt Memorial Bridge, Francis Scott Key Bridge, Chain Bridge, Arland D. Williams, Jr. Memorial Bridge, and American Legion Bridge all pass through the territorial jurisdiction of two or more of the three parties. Experience has shown that traffic back ups often prevent state troopers, state police officers, or police officers of the appropriate jurisdiction from arriving at the scene of a disabled or abandoned vehicle to take corrective action. The purpose of this Compact is to facilitate the prompt and orderly removal of disabled and abandoned vehicles from the bridges by giving all three parties jurisdiction to exercise appropriate authority anywhere on the bridges.</text> <text>Article III</text> <text>Authority to Direct Traffic and Authorize Removal of Vehicle</text> <text>The parties hereby give one another all necessary power and authority to have their respective state troopers, state police officers, or local law enforcement officers direct traffic and authorize the removal of disabled or abandoned vehicles, trailers, semitrailers, or the parts or contents thereof, from any part of the Potomac River bridges, to the same extent and in the same manner that such state troopers, state police officers, and law enforcement officers may exercise such authority in their own jurisdictions. However, no party, acting through its state troopers, state police officers, or local law enforcement officers, shall have the authority to direct or authorize the towing or removal of any vehicle or other thing to a destination outside its own jurisdiction, unless the consent of a state trooper, state police officer, or law enforcement officer of the destination jurisdiction has been first obtained.</text> <text>Article IV</text> <text>Disposition of Towed Vehicles</text> <text>All vehicles and their contents towed or removed from the Potomac River bridges pursuant to this Compact shall be subject to the exclusive jurisdiction of the place to which such vehicle and its contents are taken, and the handling and disposition of such vehicle and its contents shall be governed by the laws and procedures of that jurisdiction.</text> <text>Article V</text> <text>No Agency Relationship</text> <text>Each of the parties shall act solely on its own authority within the jurisdiction granted. This Compact shall not be construed as creating any agency relationship between the parties.</text> <text>Article VI</text> <text>Effective Date</text> <text>The provisions of this Compact shall take effect thirty days after the legislative bodies of parties having jurisdiction over one or several of the bridges identified in Article II have enacted compacts substantially identical to this Compact.</text> <text>Article VII</text> <text>Termination</text> <text>The Governor of the Commonwealth of Virginia or the State of Maryland, or the Mayor of the District of Columbia may withdraw from this Compact at any time upon thirty days written notice to the other parties.</text> </section>