With respect to the operation of transit service, the Administration shall comply with all laws, ordinances, and regulations of Baltimore City, Anne Arundel County, and Baltimore County as to:
Use of streets, highways, and other vehicular facilities;
Traffic control and regulations;
Zoning;
Signs; and
Buildings.
The Administration may not locate, construct, maintain, or operate any of its transit or related facilities in, on, over, or under any highway, bridge, or other vehicular facility or any parkway or park land without the consent of and except on the terms and conditions required by the affected local government or its agency.
Subject to the provisions of this section, the Administration is liable for its contracts and torts and for the torts of its officers, agents, and employees in connection with the performance of the duties and functions of the Administration under this title.
The exclusive remedy for a breach of contract or for a tort committed by the Administration, its officers, agents, or employees is a suit against the Administration. No execution may be levied on any property of this State or of the Administration.
Subsection (d) of this section does not apply to a tort claim that is asserted by cross-claim, counterclaim, or third-party claim.
A tort claimant may not institute an action under this section unless:
The claimant submits a written notice of claim to the Administrator or the Administrator’s designee within 1 year after the injury to person or property that is the basis of the claim;
The Administrator or the Administrator’s designee denies the claim; and
The action is filed within 3 years after the cause of action arises.
A notice of claim under this section shall:
Contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
State the name and address of the claimant;
State the name, address, and telephone number of counsel for the claimant, if any; and
Be signed by the claimant, or the legal representative or counsel for the claimant.
A claim under this section is denied:
If the Administrator or the Administrator’s designee sends the claimant, or the legal representative or counsel for the claimant, written notice of denial; or
If the Administrator or the Administrator’s designee fails to give notice of a denial within 6 months after the sending of the notice of claim.
Notwithstanding any other provision of this section, unless the Administration affirmatively shows that its defense has been prejudiced by the lack of the required notice, a court may allow the action to proceed even if the written notice of claim was not submitted.
The Administration shall self insure or purchase and maintain insurance against:
Loss or damage to its property; and
Liability for injury to persons or property.
The Administration may purchase insurance against loss of revenue from any cause.
Subject to the requirements of any agreement in connection with the issuance by the Administration of its obligations, all insurance coverage shall be in the form and amount that the Administration determines.
Each lease of Administration property shall require the lessee to purchase, maintain, and pay for insurance that:
Reasonably protects the Administration from liability related to the property; and
Insures the leased property in the name of the Administration for its full insurable value against all reasonable and insurable risks.
Each lease of Administration property shall require the lessee to indemnify and hold the Administration harmless for the negligence of the lessee, its agents, and its employees.
The creation of the Administration and the carrying out of its purposes are in all respects for the benefit of the people of this State and the District and for a public purpose, and the activities of the Administration are essential governmental functions.
Except for water and sewer charges imposed by this State or any of its agencies or political subdivisions, the Administration, its activities, and the property it owns or controls are exempt from all taxes, assessments, and charges, whether State or local, now or subsequently levied or imposed.
In this section, “unattended transit vehicle or facility” means a transit vehicle or facility the entrance of which is not controlled by the presence of an authorized fare collection agent of the Administration.
Any person entering an unattended transit vehicle or facility owned or controlled by the Administration for the purpose of obtaining transit service shall prepay the applicable fare charged by the Administration in the required manner.
If a person engages in an act prohibited under § 7-705 of this subtitle and a police officer or an authorized agent of the Administration requests the person to provide identification, the person shall provide:
The person’s true name and address; and
Any written verification of the person’s true name and address in the person’s possession.
Upon receipt of satisfactory evidence of identification and a written promise to appear in court, a person who is charged with any of the offenses specified in § 7-705 of this subtitle, may be issued a citation by an authorized agent of the Administration or a police officer.
A police officer may arrest a person in lieu of the issuance of a citation when:
The officer is not furnished satisfactory evidence of identity;
The officer has reasonable grounds to believe the person will disregard a written promise to appear; or
The person refuses to sign a written promise to appear after being advised by the officer that such refusal may result in the person’s arrest.
The form of the citation shall be prescribed by the District Court and shall contain:
The offense charged;
A notice to appear in District Court on the date shown on the citation or when notified by the court;
A promise to appear to be signed by the person charged;
The signature and title of the authorized issuer; and
Such other information as the Administration and the court shall require.
A person shall comply with the notice to appear in District Court by:
Appearing in person;
Appearance by counsel; or
Payment of the fine in advance of trial.
A person who fails to comply with the notice to appear shall be guilty of a misdemeanor and subject to a fine of $100.
In addition, the court may notify the person by mail at the address indicated on the citation that a warrant for the person’s arrest may be issued unless, within 15 days from the mailing of the notice, the person:
Pays the fine or posts a penalty deposit on the charge as stated on the citation; and
Posts a penalty deposit of $100 for failing to appear.
Notwithstanding any other provision of this section, by July 1, 1997, the Administration shall:
Install and maintain a video monitoring system on all light rail transit vehicles to enhance security on the light rail transit system; and
Take any other actions reasonably considered by the Administrator to be necessary to restrict public access to any unattended transit vehicle within the light rail transit system.
It is unlawful for any person entering a transit facility or transit vehicle owned or controlled by the Administration for the purpose of obtaining transit service or a train owned or controlled by the Administration or operated by a railroad company under contract to the Administration to provide passenger railroad service to:
Fail to pay the applicable fare charged by the Administration in the required manner; or
Fail to:
Pay the applicable fare;
Exhibit proof of payment; or
Provide truthful identification.
It is unlawful for any person to engage in any of the following acts in any transit vehicle or transit facility, designed for the boarding of a transit vehicle, which is owned or controlled by the Administration or a train owned or controlled by the Administration or operated by a railroad company under contract to the Administration to provide passenger railroad service:
Expectorate;
Smoke or carry a lighted or smoldering pipe, cigar, or cigarette;
Consume food or drink, or carry any open food or beverage container;
Discard litter, except into receptacles designated for that purpose;
Play or operate any radio, cassette, cartridge, tape player, or similar electronic device or musical instruments, unless such device is connected to an earphone that limits the sound to the hearing of the individual user;
Carry or possess any explosives, acids, concealed weapons or other dangerous articles;
Carry or possess any live animals, except seeing–eye animals and hearing–ear animals properly harnessed and accompanied by a blind person or a deaf person, and small animals properly packaged;
Board any transit vehicle through the rear exit door, unless so directed by an employee or agent of the Maryland Transit Administration;
Urinate or defecate, except in restrooms;
Fail to move to the rear of any transit vehicle when requested to do so by the operator or a police officer;
Fail to vacate a seat designated for the elderly or handicapped when requested to do so by the transit vehicle operator, train conductor, or a police officer; or
Except by contract with the Administration, solicit the purchase of any goods or services.
As used in this section, “elderly and handicapped person” means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use transit facilities and transit services or railroad facilities and railroad services as effectively as a person who is not so affected.
The provisions of subsection (b)(3), (5), (8), and (12) of this section do not apply to charter bus service rendered by the Administration. The provisions of subsection (b)(2) and (12) of this section do not apply to excursion train service rendered by the Administration or by a railroad company under contract to the Administration. The provisions of subsection (b)(3) of this section do not apply to any railroad service rendered by the Administration or by a railroad company under contract to the Administration.
Except as provided in subsection (f) of this section, any person who violates any provision of this section is guilty of a misdemeanor and is subject to a fine of not more than $500 for each offense.
It is unlawful for any person to obstruct, hinder, or interfere with:
The operation or operator of a transit vehicle or railroad passenger car; or
A person engaged in official duties as a station agent, conductor, or station attendant who is employed by:
The Administration;
An entity that provides transit service under contract with the Administration;
A local government agency or public transit authority;
A private entity that provides public transit service; or
An entity that provides transit service under a transportation compact under Title 10 of this article.
Any person who violates this section is guilty of a misdemeanor and is subject to a fine of not more than $1,000, imprisonment not exceeding 1 year, or both, for each offense.
This section does not prohibit enforcement of any other State or local law or regulation that is consistent with the provisions of this section.
In this section the following words have the meanings indicated.
“Public transit operator” has the meaning stated in § 7–714 of this subtitle.
“Public transit operator” includes a person engaged in official duties as a station agent, conductor, or station attendant who is employed by:
An entity that provides transit service under contract with the Administration;
A private entity that provides public transit service; and
An entity that provides transit service under a transportation compact under Title 10 of this article.
“State public transit service” means any of the following, if operated by the Administration or another State agency:
Bus service;
Train service;
Light rail service; and
Subway service.
“State public transit service station” means a stop or station for State public transit service.
A person who is alleged by a public transit operator to have committed an assault or other intentional act causing bodily injury to a public transit operator or a passenger while the person is on board a State public transit service or at a State public transit service station may be prohibited from using a State public transit service or entering a State public transit service station, under guidelines and subject to an appeals process established by the Administration.
This section does not increase the duty of care for the Administration or another State agency or their employees, contractors, or contractor’s employees for any tort or other liability purposes in connection with actions by a person alleged to have committed an assault on a public transit operator or passenger.
This title is necessary for the welfare of this State and its inhabitants and, except for § 7-705 of this subtitle, shall be liberally construed to accomplish its purposes.
The Administration may adopt and enforce regulations for the parking, operation, towing, impoundment, and sale of motor vehicles and unauthorized articles and pieces of equipment improperly placed or abandoned on property owned or controlled by the Administration.
The Administration police force and local police agencies may issue citations for violations of the regulations adopted under this section.
Any person who violates a regulation pertaining to this section:
Is subject to a fine as specified; and
Is not guilty of a criminal offense.
The Department, in cooperation with the Washington Metropolitan Area Transit Authority (WMATA), shall conduct a study every 5 years of the utilization of bus, rail, and subway transportation services under the jurisdiction of WMATA.
In conducting the study, the Department shall:
Compile and analyze statistics regarding the starting points and destinations, by jurisdiction, of individuals using WMATA–provided transportation services;
Determine the modes of transportation individuals use to connect to WMATA–provided transportation services and the modes of transportation used between WMATA–provided transportation services and final destinations, including walking, personal vehicle, bus, and Maryland Area Regional Commuter (MARC) train;
Compile and analyze data on the number of individuals who use Metrorail, Metrobus, and MetroAccess and the frequency of use; and
Study and compare the various reasons individuals use WMATA–provided transportation services, including traveling for work, educational, entertainment, recreational, or other purposes.
Except as provided in subparagraph (ii) of this paragraph, the information used in the study shall be from data gathered within the previous 5 years.
In conducting the first study, the Department shall compile and analyze the information pertaining to WMATA–provided transportation services listed under paragraph (2) of this subsection that is available at the time.
Information used in the study pertaining to Maryland jurisdictions shall be organized:
Except as provided in subparagraph (ii) of this paragraph, by jurisdiction rather than by region, including separate information for Baltimore County and Baltimore City; or
By zip code.
Information pertaining to Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County may be compiled and organized under the category “other Maryland”.
On or before December 1, 2015, and every 5 years thereafter, the Department shall submit a report detailing the results of the study conducted under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Finance Committee, the House Appropriations Committee, and the House Environment and Transportation Committee.
In this section, “Commission” means the Washington Metrorail Safety Commission established under § 10–208 of this article.
Two regular members and one alternate member of the board of directors of the Commission shall be appointed by the Governor with the advice and consent of the Senate.
One of the regular members of the board of directors of the Commission who is appointed by the Governor shall be a resident of Montgomery County or Prince George’s County.
The individual appointed under this subsection may not be succeeded in office by an individual who is a resident of the same county.
The Administration shall provide ridership on transit vehicles to any eligible:
Student of a public school of Baltimore City; and
Youth worker in the Baltimore City YouthWorks program.
The services provided under subsection (a) of this section shall be provided only for:
A student of a public school in Baltimore City:
Between the hours of 5 a.m. and 8 p.m.; and
For school–related or educational extracurricular activities on and off campus; or
A youth worker in the Baltimore City YouthWorks program:
During the YouthWorks summer job period; and
For purposes of engaging in YouthWorks–related activities.
The Administration may not collect fees or reimbursement for services provided under this section.
The Administration, in conjunction with Baltimore City Public Schools and the Mayor’s Office of Employment Development, shall adopt regulations that establish the eligibility criteria for students and youth workers receiving a student transit pass for the use of services provided under this section.
The Administration shall provide ridership on transit vehicles to any permanent employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system.
The services provided under paragraph (1) of this subsection apply to transit vehicles that are part of the Administration’s:
Light rail transit system;
Metro subway;
Local bus service;
Commuter bus service in the Baltimore region; and
Any other systems and services specified by the Administration.
The Administration may not collect fees or reimbursement from an employee for services provided under this section.
The Administration may adopt regulations to carry out the provisions of this section.
The Administration shall make available to opioid treatment programs monthly transit passes that:
Are for use by patients of opioid treatment programs who qualify for the Administration’s Disabled Reduced Fare Program; and
May be issued to patients on site at opioid treatment programs by opioid treatment program staff.
The transit passes issued under paragraph (1) of this subsection shall be made available at a reduced price that reflects the price of a monthly pass issued under the Disabled Reduced Fare Program as of October 1, 2020, less any cost savings to the Administration that result from having participating opioid treatment programs issuing transit passes directly to patients.
The Administration shall adopt regulations to establish the process by which participating opioid treatment programs may issue transit passes under this section.
On or before December 1, 2021, and on or before December 1 each year thereafter, the Administration, in consultation with participating opioid treatment program providers, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the status of the implementation of the requirements under this section.
In this section, “Southern Maryland Rapid Transit Project” means a high–capacity, fixed–route rapid transit service, with light rail transit as the preferred option, operating in a dedicated, grade–separated, 18.7–mile transitway in the Maryland Route 5/U.S. Route 301 corridor from the Branch Avenue Metrorail Station in Prince George’s County to Waldorf and White Plains in Charles County.
Subject to subsection (c) of this section, the Department promptly shall undertake all steps necessary to complete the design, engineering, and National Environmental Policy Act process and secure a record of decision for the Southern Maryland Rapid Transit Project.
Subject to paragraph (2) of this subsection, in each of fiscal years 2023 through 2027, the Governor shall include in the annual State budget an appropriation from the Transportation Trust Fund of at least $5,000,000, contingent on the receipt of federal funds to be used to provide matching funds needed to conduct an environmental impact study under the National Environmental Policy Act (NEPA) for the Southern Maryland Rapid Transit Project.
An appropriation required under paragraph (1) of this subsection may be reduced by the amount of the total authorized in the prior fiscal year to conduct the NEPA study.
In this section the following words have the meanings indicated.
“Local executive authority” means:
The chief executive officer of a county; or
If a county does not have a chief executive officer, the county governing body; and
If a municipality operates a transit system:
The chief executive officer of the municipality; or
If the municipality does not have a chief executive officer, the governing body of the municipality.
“Public transit operator” means an individual who is:
Employed by the Administration, the Washington Metropolitan Area Transit Authority, or a political subdivision; and
Engaged in providing public transportation services, including:
Bus service;
Train service;
Light rail service; and
Subway service.
“Public transit operator” includes a transit station manager.
The Administration shall submit an annual report on assaults on public transit operators as required by this section.
The report shall include the following information for the immediately preceding 12 months:
For each assault on a public transit operator:
The nature of the assault;
The mode of transit where the assault occurred;
The location of the assault;
Whether police were involved in responding to the assault; and
The outcome of any investigation into the assault, including any disciplinary action taken, if the information is available;
A comparison of the aggregate data compiled under item (1) of this subsection with at least two other states with similar transit systems or populations; and
A review of current transit industry best practices to prevent and mitigate assaults on public transit operators.
On or before December 1, 2023, and each December 1 thereafter, the Administration shall submit the report under this section to:
Each local executive authority;
The State’s Attorney for each county; and
The following committees of the General Assembly, in accordance with § 2–1257 of the State Government Article:
The Senate Judicial Proceedings Committee;
The Senate Finance Committee;
The House Judiciary Committee; and
The House Environment and Transportation Committee.
The Administration shall develop transit equity analysis policies and guidelines, including thresholds for when a reduction or cancellation of a capital expansion project in the construction program of the Consolidated Transportation Program requires analysis.
Before announcing any service change that would constitute a major service change under the Federal Transit Administration’s Title VI Requirements and Guidelines for Federal Transit Administration Recipients, the Department, in collaboration with the Administration, shall:
Conduct a transit equity analysis in accordance with the federal Americans with Disabilities Act Amendments Act and the federal Rehabilitation Act of 1973 as amended to determine whether the change will create a disparate impact on persons with disabilities;
Conduct a transit equity analysis in accordance with the Title VI Requirements and Guidelines for Federal Transit Administration Recipients to determine whether the change will create a disparate impact or a disproportionate burden;
Perform a cost–benefit analysis, including an analysis of impacts on:
Economic development;
Employment;
Education;
Health; and
Environmental justice; and
Consult with members and leaders of affected communities, including through community outreach to:
Racial minority communities;
Low–income communities;
Disabled riders;
Riders with limited English proficiency;
Transit–reliant riders; and
Senior riders.
If a transit equity analysis reveals disparate impact or disproportionate burden, the Administration shall:
Develop alternatives that would meet the goals of the proposed service change; and
Conduct a transit equity analysis on the alternatives.
If a disparate impact can be avoided through use of one of the alternatives analyzed, the Administration shall proceed with that alternative as the primary proposed service change.
If there is no alternative that would avoid a disparate impact or disproportionate burden, the Administration:
May not implement the proposed service change unless a substantial justification exists that necessitates the change; and
Shall implement the alternative that causes the least disparate impact or disproportionate burden.
Before holding a public hearing on a proposed service change, the Administration shall publish on the Administration’s website with a visible link identifying the proposed service change on the primary page, for the routes, lines, or any corresponding paratransit service area impacted by the service change:
A description of:
The demographics of:
The riders on the affected route, line, or paratransit service area; and
The affected service area;
The schools in the affected service area;
The types of businesses in the affected service area;
The monthly ridership for the route, line, or service area; and
The effect that the proposed service change would have on:
The commutes of riders on the route, line, or service area;
The corresponding paratransit service area; and
The estimated number of paratransit riders impacted;
A summary of any publicly available minutes, records, or documents related to the proposed service change; and
A brief statement explaining the reason for the proposed service change.
After completing the public hearings, the Administration shall:
Publish the transit equity analysis and cost–benefit analysis on the Administration’s website; and
Compile a report on the impacts of the proposed service change.
The report shall include:
The transit equity analysis;
The cost–benefit analysis;
A community outreach report;
Any alternatives analyzed; and
If applicable, the final alternative selected.
If a disparate impact or disproportionate burden exists in the final alternative selected, the report shall include a substantial justification statement.
The report shall be:
Made available to the public on the Administration’s website, with a visible link from the primary information page relating to the proposed service change; and
Distributed to:
The members of the Board of Public Works;
The Attorney General;
The Secretary of Transportation;
Any elected officials whose districts would be impacted by the proposed service change;
Any community leaders consulted during the community outreach process; and
In accordance with § 2–1257 of the State Government Article:
The President of the Senate;
The Speaker of the House;
The Senate Finance Committee;
The House Environment and Transportation Committee; and
Each member of the General Assembly whose district would be impacted by the proposed service change.
Before announcing any reduction or cancellation of a capital expansion project in the construction program of the Consolidated Transportation Program that exceeds the thresholds developed by the Administration, the Department, in collaboration with the Administration, shall:
Conduct a transit equity analysis in accordance with the federal Americans with Disabilities Act Amendments Act and the federal Rehabilitation Act of 1973 as amended to determine whether the change will create a disparate impact on persons with disabilities;
Conduct a transit equity analysis in accordance with the Title VI Requirements and Guidelines for Federal Transit Administration Recipients and the guidelines developed by the Administration to determine whether the reduction or cancellation will create a disparate impact or a disproportionate burden;
Perform a cost–benefit analysis, including an analysis of impacts on:
Economic development;
Employment;
Education;
Health; and
Environmental justice; and
Consult with members and leaders of affected communities, including through community outreach to:
Racial minority communities;
Low–income communities;
Disabled riders;
Riders with limited English proficiency;
Transit–reliant riders; and
Senior riders.
After completing the requirements under subsection (a) of this section, the Administration shall compile a report on the impacts of the proposed reduction or cancellation of a capital expansion project in the construction program of the Consolidated Transportation Program.
The report shall include:
The transit equity analysis;
The cost–benefit analysis; and
A community outreach report.
The report shall be:
Made available to the public on the Administration’s website, with a visible link from the primary information page relating to the proposed reduction or cancellation; and
Distributed to:
The members of the Board of Public Works;
The Attorney General;
The Secretary of Transportation;
Any elected officials whose districts would be impacted by the proposed service change;
Any community leaders consulted during the community outreach process; and
In accordance with § 2–1257 of the State Government Article:
The President of the Senate;
The Speaker of the House;
The Senate Finance Committee; and
The House Environment and Transportation Committee.
In this section, “Purple Line” has the meaning stated in § 2–103.8 of this article.
Subject to subsection (c) of this section, the Administration shall develop and implement a program to provide:
For the first month after transit service on the Purple Line begins, ridership on Purple Line transit vehicles at no cost to individuals residing within a one–quarter–mile radius of the Purple Line track; and
Beginning on October 1, 2025, and until 3 months after transit service on the Purple Line begins, promotional materials and services at no cost to small businesses, as defined in § 2–1505.2 of the State Government Article, located within a one–quarter–mile radius of the Purple Line track.
The Administration shall use internal resources it has available to implement the program, including:
Websites maintained by the Administration; and
The printing and design services of the Administration.
Nothing in this section may be construed to require the Administration to procure private advertising or marketing services.
The Administration shall adopt regulations to implement this section.
The Administration shall automatically renew the Disability Reduced Fare Program certification of an enrollee who is permanently disabled.
The Administration shall adopt regulations establishing a process to carry out this section.