<subtitle num="01" heading="Office of the Secretary"> <chapter num="01" heading="Promulgation and Adoption of Regulations" reason="Repealed" /> <chapter num="02" heading="Petition for the Adoption of Regulations"> <regulation prefix="Regulation" num=".01" heading="Who May File."> <text>Any interested person may file a petition with the appropriate promulgating authority requesting the promulgation, amendment, or repeal of any regulation.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Form."> <paragraph num="A."> <text>A petition requesting the promulgation of a regulation shall be in writing and shall contain a brief statement of the regulation sought, as well as a statement of the reasons in support of the request. The petition shall be signed by the petitioner and shall contain his home and business address and his telephone number.</text> </paragraph> <paragraph num="B."> <text>A petition requesting the amendment or repeal of an existing regulation shall be in writing and shall fully set forth the regulation as to which the petition has been filed. If the petition is for the amendment of a regulation, the changes desired shall be completely described, and a brief statement of the reasons for the changes requested shall be given. If the petition is for the repeal of a regulation, it shall contain a brief statement of the reasons for which repeal is sought.</text> </paragraph> <paragraph num="C."> <text>Any petition which is filed on behalf of other than an individual petitioner, in addition to the petitioner identification requirements of §A of this regulation, shall give the name, home and business addresses, and telephone number of the individual or individuals who have drawn the petition and caused it to be filed on behalf of the named petitioner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Submission, Consideration, and Disposition."> <text>The petition shall be filed with the appropriate promulgating authority, which shall give the petition its full consideration. Within 60 days after submission of a petition, the promulgating authority shall either deny the petition in writing, stating the reasons for its denial, or initiate appropriate promulgating procedures in accordance with its decision. If a new regulation is adopted, or if an existing regulation is amended or repealed by a promulgating authority other than the Secretary, in response to the filing of a petition, it shall be submitted to the Secretary for review and approval.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-103(b); State Government Article, §§10-122 and 10-123; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 26, 1979 (6:2 Md. R. 75); August 28, 1995 (22:17 Md. R. 1318)</annotation> </annotations> </chapter> <chapter num="03" heading="Petition for Declaratory Rulings"> <regulation prefix="Regulation" num=".01" heading="Who May File."> <text>Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Where to File."> <text>A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the appropriate authority.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Form."> <text>Any petition shall be in writing, shall contain a detailed statement of the facts on which the petition is based, shall fully set forth the regulations, orders, or statutes involved, and shall pose the question of whether, and in what manner, the regulations, orders, or statutes apply to the petitioner under the facts contained in the petition. The petition shall contain the name, address, and telephone number of the petitioner, and shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Consideration and Disposition."> <text>The unit with which the petition has been filed shall consider the petition and may issue the declaratory ruling requested. The considering authority may require argument on the petition. Any declaratory ruling which may issue binds the unit and the petitioner on the facts set forth in the petition. Any declaratory ruling issued by a promulgating authority shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be mailed to the petitioner.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 5, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860)</annotation> </annotations> </chapter> <chapter num="04" heading="Open Meetings"> <regulation prefix="Regulation" num=".01" heading="General."> <text>This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Department” means the Maryland Department of Transportation and includes the Office of the Secretary, all units in the Department as set forth in Transportation Article, §2-107, Annotated Code of Maryland, and all boards, commissions, authorities, and councils within the Department, except for the Maryland Port Commission and Maryland Port Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Open session” means any meeting of the Department required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Attendance."> <paragraph num="A."> <text>The general public is invited to attend and observe any open session of the Department.</text> </paragraph> <paragraph num="B."> <text>Except in instances when the Department expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the general public attending an open session may not participate in the session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disruptive Conduct."> <paragraph num="A."> <text>An individual attending an open session of the Department may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.</text> </paragraph> <paragraph num="B."> <text>The presiding officer may:</text> <paragraph num="(1)"> <text>Order a person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;</text> </paragraph> <paragraph num="(2)"> <text>Request police or other assistance to restore order; and</text> </paragraph> <paragraph num="(3)"> <text>Recess the open session while order is restored.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recording, Photocopying, and Broadcasting of Open Sessions."> <paragraph num="A."> <text>A member of the general public, including any representative of the news media, may:</text> <paragraph num="(1)"> <text>Record discussions of the Department at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Department or others attending the open session;</text> </paragraph> <paragraph num="(2)"> <text>Photograph or videotape the proceedings of the Department at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Department or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A representative of the news media may broadcast or televise the proceedings of the Department at an open session if the equipment used:</text> <paragraph num="(1)"> <text>Is operated without excessively bright artificial light that disturbs members of the Department or others attending the open session; and</text> </paragraph> <paragraph num="(2)"> <text>Does not create noise that disturbs members of the Department or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Recordings Not Part of Record."> <text>A recording of an open session by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="05" heading="Board of Review of the Department of Transportation"> <regulation prefix="Regulation" num=".01" heading="Meetings; Quorum; Votes."> <text>The Board shall meet for hearings and other purposes at the call of the Chairman. Unless otherwise designated by the Chairman, meetings shall be held at the headquarters building of the Department of Transportation. Five members shall constitute a quorum for the hearing of appeals. Four members shall constitute a quorum for all other meetings. Decisions shall be by a majority vote of those present.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Vice-Chairman; Acting Chairman."> <text>At the first meeting of the Board in each calendar year, the Board shall elect a Vice-Chairman to serve until his successor has been elected. The Vice-Chairman shall preside at meetings as acting chairman in the absence of the Chairman, and shall perform all the functions and shall have all the powers of the Chairman in the event of the absence from the State or the disability of the Chairman. Any other member of the Board may be designated as temporary acting chairman by the Chairman or, in his absence, by the Vice-Chairman.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Scope of Review."> <paragraph num="A."> <text>Pursuant to Transportation Article, §2-505(b), Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e), Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a complainant may initiate the appeal procedure when it appears that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant.</text> </paragraph> <paragraph num="B."> <text>The appeal shall be based upon the allegation that the regulation violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory promulgating procedures.</text> </paragraph> <paragraph num="C."> <text>In addition, the Board shall hear and determine appeals from those actions or failures to act by any administration or agency within the Department of Transportation for which the Secretary, by regulation, provides for review by the Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Initiation of Review by Promulgating Authority: Complaint."> <paragraph num="A."> <text>A complainant seeking to appeal the adoption of a regulation, within the meaning of State Government Article, §10-101(e), Annotated Code of Maryland, by the Secretary of Transportation or by any administration or agency within the Department, shall first file a complaint in writing to the chief executive officer of the administration or other agency which has promulgated the regulation, within 30 days after the complainant knows, or with the exercise of ordinary diligence should have known, that the complainant is aggrieved.</text> </paragraph> <paragraph num="B."> <text>Unless an extension of time has been agreed upon by the parties, the chief executive officer of the administration or agency shall render a decision within 30 days of the filing of the complaint.</text> </paragraph> <paragraph num="C."> <text>A copy of the decision shall be sent to the complainant by certified mail, return receipt requested.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Initiation of Review by the Board: Appeal."> <paragraph num="A."> <text>Appeals to the Board of Review shall be filed with the Board within 30 days after the complainant has received a copy of the decision as provided for in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="B."> <text>If no decision on the complaint has been sent to the complainant, an appeal may be filed within 30 days from the time the decision should have been made pursuant to Regulation .04 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The Board, for good cause shown, may extend the time within which an appeal shall be filed, if a motion for the extension is filed with the Board within 30 days from the time a filing of an appeal is required by this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Appeal Docket; Time and Place of Hearings; Notice."> <paragraph num="A."> <text>When an appeal of a regulation has been filed with the Board of Review, The Board shall docket the appeal in its docket book which shall be available for public inspection during regular business hours.</text> </paragraph> <paragraph num="B."> <text>Appeals shall be assigned for hearing by the Chairman, and, insofar as feasible, in the sequence in which they are filed, provided that appeals filed with inadequate information may not be assigned for hearing until the appeal information has been satisfactorily completed. The Chairman may advance the date for hearing of any appeal or postpone the hearing date. Dates of hearing shall be noted on the docket.</text> </paragraph> <paragraph num="C."> <text>The Board shall give notice of the date and place of hearing by certified mail, receipt requested, to the complainant and any other parties appearing on the Board's docket, not more than 30 days or less than 15 days before the date of hearing. The Chairman may designate additional means of notice in any case.</text> </paragraph> <paragraph num="D."> <text>Appeals set for hearing on a particular day shall be heard in the order designated by the Chairman. Appeals not heard on the day set, or not concluded on the day set, shall be reset or continued to a future day. If the day to which the appeal is reset or continued is announced at the hearing meeting, it is not necessary to give further notice of the date of hearing to which the appeal is continued.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Conduct of Hearings."> <paragraph num="A."> <text>Hearings shall be conducted generally in the following order:</text> <paragraph num="(1)"> <text>Call of the case by the presiding officer;</text> </paragraph> <paragraph num="(2)"> <text>Disposition of any preliminary matters;</text> </paragraph> <paragraph num="(3)"> <text>Opening statements of the parties;</text> </paragraph> <paragraph num="(4)"> <text>Presentation of evidence in the following order:</text> <paragraph num="(a)"> <text>Complainant,</text> </paragraph> <paragraph num="(b)"> <text>Interested administrative officers,</text> </paragraph> <paragraph num="(c)"> <text>Other parties,</text> </paragraph> <paragraph num="(d)"> <text>Rebuttals in the same order;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Closing arguments.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Board may limit the time allowed for opening statements and closing arguments.</text> </paragraph> <paragraph num="C."> <text>If applicable, the Board shall in all respects be governed by the provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. In the event of any conflict between the regulations of the Board and the Act, the provisions of the Act shall supersede.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Forms and Content of Appeal Before the Board of Review."> <text>Appeals shall be filed in the following form or in a form substantially similar to this form:</text> <text>(FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF TRANSPORTATION</text> <text>(Name and Address) (Complainant)</text> <text>Vs.</text> <text>(Official or Administration appealed from See Rule 4.) (Respondent)</text> <text>APPEAL NO.</text> <paragraph num="1."> <text>_______________ (Name), Complainant, appeals from: (Here set forth the decision made by the Administrator when requested by complainant to review a regulation promulgated by his Administration, or the failure of the Administrator to render a decision. Included also shall be a statement that the complainant has complied with the requirements of Regulation .04.)</text> </paragraph> <paragraph num="2."> <text>The issue involved in this appeal is: (Here set forth, in sufficient detail, the grounds upon which the appeal is subject to review by the Board under Regulation .03 the grounds upon which the Regulation is challenged, and the alleged error of the respondent.)</text> </paragraph> <paragraph num="3."> <text>Complainant also desires to state as follows: (Here set forth any other comments or matters complainant believes are proper, necessary, or desirable to include in this notation of appeal.)</text> </paragraph> <paragraph num="4."> <text>List the name, address, and telephone number of each complainant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Pleadings and Motions in Appeals; Service; Parties."> <paragraph num="A."> <text>Answer. The respondent in an appeal shall file an answer to the appeal and an interested individual may file an answer to the appeal.</text> </paragraph> <paragraph num="B."> <text>Pleadings and Motions.</text> <paragraph num="(1)"> <text>A party may file motions or other pleadings.</text> </paragraph> <paragraph num="(2)"> <text>Each party's name, address, and telephone number, or that of the party's counsel, shall be stated on each motion or pleading.</text> </paragraph> <paragraph num="(3)"> <text>The form and content of pleadings, except as otherwise set forth in these regulations, shall be generally in accordance with the practice in the courts in this State.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Service. After the filing of the appeal, the answer and all motions and pleadings shall be served on all parties appearing on the docket.</text> </paragraph> <paragraph num="D."> <text>The Board may act on matters before or at the hearing or after the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Practice in Appeals."> <text>Any person may appeal to the Board in proper person or by an attorney admitted to practice before the Court of Appeals of Maryland, in good standing, representing the complainant. At the hearing, any party may proceed in proper person, or by the attorney. Corporations may appeal and proceed at the hearing by the attorney or by an officer of the corporation duly authorized to do so by a resolution of the board of directors of the corporation (or in a close corporation with no board of directors by the stockholders or sole stockholder in accordance with its charter) filed with the Board. Unless the resolution has been filed, the Board may not accept an appeal signed by the corporate officer or permit the corporate officer to proceed at the hearing.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Transcript Record in Appeals."> <text>A stenographic record or sound tape record shall be taken in each appeal. It is not necessary to transcribe the record unless so ordered by the Chairman or the Board. Any party may order a transcript at the expense of that party, and any party taking an appeal to the courts shall order and obtain a transcript at the expense of the party so appealing. The Board may require a party granted a rehearing to order and obtain a transcript at the expense of that party. Whenever a transcript is made, a copy shall be deposited with the secretary of the Board.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="06" heading="Transportation Planning Process — The Action Plan"> <regulation prefix="Regulation" num=".01" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following document is incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Document Incorporated. The Maryland Action Plan (Maryland Department of Transportation, State Highway Administration, December, 1993).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="The Action Plan."> <paragraph num="A."> <text>The Action Plan is:</text> <paragraph num="(1)"> <text>The planning process for State highway and other transportation projects; and</text> </paragraph> <paragraph num="(2)"> <text>Designed to assure that adequate consideration is given to possible social, economic, and environmental effects of proposed projects, and that decisions on these projects are made in the best overall public interest.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Action Plan establishes the organizational arrangements, the assignment of responsibilities, and the procedures to be followed to assure that:</text> <paragraph num="(1)"> <text>The social, economic, and environmental effects of proposed projects are identified;</text> </paragraph> <paragraph num="(2)"> <text>Alternative courses of action are considered; and</text> </paragraph> <paragraph num="(3)"> <text>Other governmental agencies and the public are involved throughout the planning process.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-103, Annotated Code of Maryland;Federal-Aid Highway Program Manual, Volume 7, Chapter 7, §1, promulgated under authority of 23 U.S.C. §109(h)</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1974</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 16, 1977 (4:26 Md. R. 2025)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective March 30, 1992 (19:6 Md. R. 674)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D amended effective June 29, 1979 (6:13 Md. R. 1129)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01 and .02 adopted effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="07" heading="Transportation Professional Services Selection Board" reason="Repealed — See COMAR 21.12.02"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 10, 1975 (2:5 Md. R. 309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective February 18, 1976 (3:4 Md. R. 218)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 6, 1977 (4:14 Md. R. 1083)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 9, 1979 (6:5 Md. R. 445)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)</annotation> <annotation type="History" subtype="Administrative History">The substance of this chapter was transferred to Title 21. See COMAR 21.12.02.</annotation> </annotations> </chapter> <chapter num="08" heading="Implementation of The Maryland Environmental Policy Act"> <regulation prefix="Regulation" num=".01" heading="Policy."> <paragraph num="A."> <text>It is the policy of the Department of Transportation that the Department, and each of its administrations, agencies, boards, commissions, and other units, conduct its affairs with an awareness of its responsibility for the protection of the environment for the present and future. The Maryland Environmental Policy Act (Act), Chapter 703 of the Laws of 1973, as codified in §§1-301—1-305, Natural Resources Article, Annotated Code of Maryland, mandates that State agencies, in balancing economic development and environmental quality, shall engage in thoughtful consideration of the environmental effects of their proposed actions, including: ecological, socio-economic, developmental, recreational, historic, architectural, aesthetic, and other values. Environmental assessment forms (EAF) and environmental effects reports (EER), as defined in the guidelines of the Department of Natural Resources adopted pursuant to the Act, will be utilized by the Department to accomplish this purpose, as well as to purpose, as well as to increase public participation in the planning of Departmental projects and to provide the General Assembly with additional social, economic, and natural environmental information to assist it in deciding upon legislative appropriations for projects in the annual capital budget.</text> </paragraph> <paragraph num="B."> <text>The requirements of the Act are consistent with and, in many respects, covered by the Maryland Action Plan adopted by the Department as COMAR 11.01.06 to document departmental policy for the planning and development of all transportation improvements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Statutory Requirements."> <paragraph num="A."> <text>“Proposed State action” is defined in the Natural Resources Article, §1-301(c) as “requests for legislative appropriations or other legislative actions that will alter the quality of the air, land or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.”</text> </paragraph> <paragraph num="B."> <text>The Act requires environmental effects reports only in connection with requests for legislative appropriations or legislative actions which significantly affect the environment, natural as well as socio-economic.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Environmental Assessment Form and Environmental Effects Report."> <paragraph num="A."> <text>Environmental Assessment Form (EAF).</text> <paragraph num="(1)"> <text>An EAF will be completed for each of the proposed actions identified by the Act and described by these guidelines.</text> </paragraph> <paragraph num="(2)"> <text>The EAF (an example of which appears in Regulation .08A) consists of a list of questions which can be answered “yes”, or “no”, or “comments attached”. The answers to the questions on the environmental assessment form will assist in determining whether or not an environmental effects report will be prepared. An answer of “yes” will generate a presumption in favor of preparation of an environmental effects report. However, this presumption may be overcome by the official preparing the assessment form by checking “comments attached” and explaining why an action in his opinion needs no environmental report even though some of the questions of the EAF are answered affirmatively.</text> </paragraph> <paragraph num="(3)"> <text>It is anticipated that the use of the EAF early in the decision-making process will promote the objectives of the Act by stimulating consideration by the Department of environmental and socioeconomic effects of the proposed action.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Environmental Effects Report (EER). An environmental effects report (EER) will consist of an environmental assessment form (See Regulation .08A) which will be attached to the front of every EER, and the body of the EER report. The amount of detail provided in the report will be commensurate with the extent of the expected impact of the action. In general, the greater the magnitude of impact the more detailed will be the discussion. For a particular action, some sections will be given more attention than others. Sections which are especially relevant to a particular action will be treated extensively. Nevertheless, each section will be given at least summary treatment. The body of every report shall contain the following sections:</text> <paragraph num="(1)"> <text>Summary of Environmental Effects Report. The summary, the purpose of which is to enable the General Assembly and the public to determine quickly the nature, location, alternatives to, and effects of, any particular agency action, shall:</text> <paragraph num="(a)"> <text>Identify the administration, agency, board, commission or other unit of the Department issuing the report and responsible official; and</text> </paragraph> <paragraph num="(b)"> <text>Provide a short summary (1 to 2 pages) of the information contained in the environmental effects report (See Regulation .08B).</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Description of the Proposed Action. This shall include a concise statement of the ecological, socioeconomic, and other objectives that the proposed action intends to fulfill; e.g., numerical expression, where appropriate, of the increase in employment opportunities, new office facilities, and increase in per capita income. When appropriate, the objectives will be discussed in the context of “State plans”, “regional demand studies”, or other broad frameworks. It shall also include:</text> <paragraph num="(a)"> <text>The proposal by name.</text> </paragraph> <paragraph num="(b)"> <text>The specific location of the proposed action shown on a map.</text> </paragraph> <paragraph num="(c)"> <text>A description of the extent (i.e., square feet, acres, miles of right-of-ways and other pertinent physical characteristics) of the project. The project description will contain a discussion of development associated with the proposed site and the secondary developments required by the proposed action including the need for utilities, other services, and transportation systems necessary to support the primary development of the site. Public facilities and public investments that might result if the proposed action is taken will be discussed. If the action is a portion of a larger action, then the relationship of the action under consideration to the larger action will be discussed. The historical background and current status of the proposed action in regard to engineering, construction and activation schedule will be summarized. The cost of the action and the proposed method of financing will be identified.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Alternatives to the Proposed Action. This section will include a description of the alternatives considered for meeting the objectives of the proposed action. Alternatives may include:</text> <paragraph num="(a)"> <text>No action;</text> </paragraph> <paragraph num="(b)"> <text>Deferring action; or</text> </paragraph> <paragraph num="(c)"> <text>Other approaches to meeting the main objectives, including:</text> <paragraph num="(i)"> <text>Other locations for the proposal;</text> </paragraph> <paragraph num="(ii)"> <text>Other ways to accomplish the objective;</text> </paragraph> <paragraph num="(iii)"> <text>Different scaling of the development of the proposal (e.g., to provide greater coordination with community development plans and presently existing planned usage patterns);</text> </paragraph> <paragraph num="(iv)"> <text>Other scheduling or timing of the proposal (e.g., to avoid potential disruptive effect on the local economy, or to assure adequate revenues to finance the proposal).</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>A comparison of environmental and socioeconomic effects associated with the alternatives will be undertaken. Specific reasons for rejecting each alternative in favor of the present proposal will be stated.</text> </paragraph> <paragraph num="(5)"> <text>Environmental (Ecological and Socioeconomic) Setting Without the Action. This section will include both the regional and local setting of the project and address applicable considerations in the EAF and the environmental checklist provided in §B(6).</text> </paragraph> <paragraph num="(6)"> <text>Adverse and Beneficial Environmental Effects.</text> <paragraph num="(a)"> <text>The Environmental Considerations Checklist. The following list of environmental considerations will guide the development of the “setting without the action” and the adverse and beneficial environmental effects section. These factors, some of which may not be applicable to specific projects, may include, but are limited to:</text> <paragraph num="(i)"> <text>Hydrology;</text> </paragraph> <paragraph num="(ii)"> <text>Geology;</text> </paragraph> <paragraph num="(iii)"> <text>Physiography and geomorphology;</text> </paragraph> <paragraph num="(iv)"> <text>Climatology;</text> </paragraph> <paragraph num="(v)"> <text>Soils;</text> </paragraph> <paragraph num="(vi)"> <text>Biotic consideration--plants and animals;</text> </paragraph> <paragraph num="(vii)"> <text>Aesthetic considerations;</text> </paragraph> <paragraph num="(viii)"> <text>Employment pattern considerations:</text> </paragraph> <paragraph num="(ix)"> <text>Tax revenue considerations;</text> </paragraph> <paragraph num="(x)"> <text>Impact on retention of current industry;</text> </paragraph> <paragraph num="(xi)"> <text>Impact on attraction of new industry;</text> </paragraph> <paragraph num="(xii)"> <text>Impact on attractiveness of area for tourism;</text> </paragraph> <paragraph num="(xiii)"> <text>Cultural and socioeconomic considerations;</text> </paragraph> <paragraph num="(xiv)"> <text>Historical considerations;</text> </paragraph> <paragraph num="(xv)"> <text>Archeological considerations;</text> </paragraph> <paragraph num="(xvi)"> <text>Land uses;</text> </paragraph> <paragraph num="(xvii)"> <text>Water uses;</text> </paragraph> <paragraph num="(xviii)"> <text>Energy and utilities.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Adverse environmental effects include discussion of the reduction, conversion, loss, or other adverse effect on the quality or quantity of applicable environmental considerations.</text> </paragraph> <paragraph num="(c)"> <text>Beneficial environmental effects address the renewal, conservation, preservation, enhancement, or other beneficial effect on the quality or quantity of the applicable environmental considerations.</text> </paragraph> <paragraph num="(d)"> <text>Depth of Analysis. The adverse environmental effects section and the beneficial environmental effects section will examine and discuss only those considerations of the environmental considerations checklist that the project or action significantly effects. Several factors may be considered in deciding how extensively a particular natural and socioeconomic environmental considered should be treated:</text> <paragraph num="(i)"> <text>The magnitude of the project (geographic extent and duration);</text> </paragraph> <paragraph num="(ii)"> <text>The extent to which the particular environmental consideration will be effected;</text> </paragraph> <paragraph num="(iii)"> <text>The extent to which alternatives may result in different effects upon the particular consideration; and</text> </paragraph> <paragraph num="(iv)"> <text>The cost of the action (ecologic and socioeconomic), both short-term and long-term.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>Measures Taken to Minimize Adverse Environmental Effects and Maximize Beneficial Environmental Effects.</text> <paragraph num="(a)"> <text>Whenever appropriate remedial, protective, or mitigating considerations such as monitoring, alternate employment opportunities, alternate sources of lost revenues, maintenance, replacement operations, and follow-up activities which could or will be undertaken as a part of the proposed action will be included.</text> </paragraph> <paragraph num="(b)"> <text>Also, whenever appropriate, measures which could or will be undertaken to maximize potential beneficial environmental effects will be included.</text> </paragraph> <paragraph num="(c)"> <text>Any legal requirements for mitigation, the cost of the design and construction of each mitigation measure, alternative mitigation techniques, and the basis for the choice of one mitigation technique over other possible approaches, will be discussed.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Unavoidable Adverse Environmental Effects. This section will include the following:</text> <paragraph num="(a)"> <text>A statement of the unavoidable detrimental aspects of the proposed action, which identifies the nature, extent, and the cost of the adverse effects;</text> </paragraph> <paragraph num="(b)"> <text>The objections to adverse effects raised by individuals or groups;</text> </paragraph> <paragraph num="(c)"> <text>Assessment of the cumulative and long-term effects of the proposed action with particular attention given to aspects of the project that would narrow the range or diversity of the beneficial use of the natural socioeconomic environment or pose long-term risks to health, safety, welfare, or the economic or social betterment of the locality or the State.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Coordination with Other Interested Parties. A description of the coordination and liaison relationship established in developing the proposal and the environmental effects report will be included. This section may include participation of the business community, public and citizen groups, government agencies, and academic institutions.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Development of Capital Projects Under EAF and EER."> <paragraph num="A."> <text>Capital Projects.</text> <paragraph num="(1)"> <text>The activities of the Department involve many areas including:</text> <paragraph num="(a)"> <text>Planning, design, and construction of rapid transit, highway, airport, port, rail, and bus facilities in the State;</text> </paragraph> <paragraph num="(b)"> <text>Programs of transportation assistance to local and regional bodies; and</text> </paragraph> <paragraph num="(c)"> <text>Regulation of transportation operations, mainly through licensing and registration requirements.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An EAF will be prepared early in the decision-making process to assist in determining whether actions related to any of these areas significantly affect the environment. After completion of the EAF, the affected administration of the Department will determine whether an EER will be prepared. The actual writing of the report may not begin until the proposal has some defined scope and general characteristics, but environmental impacts analysis will be an integral part of developing the proposal.</text> </paragraph> <paragraph num="(3)"> <text>The timing and type of community and public agency involvement in this analysis will be determined on a case-by-case basis in conformance with the policies outlined in the Department's Action Plan, as adopted by COMAR 11.01.06.</text> </paragraph> </paragraph> <paragraph num="B."> <text>State System Projects. The Department's capital budget request asks for program rather than specific project appropriations. Therefore, the forms and reports will be related to phases of project development as defined in the part of the Action Plan applicable to the modal administration which develops the project and the consolidated transportation program which supplements the budget request. The form and, when necessary, report will be developed for State projects during the planning phase which is the first phase of the project development. The scope and general characteristics of the project are defined during this phase. The reports will be available to the public and submitted to the State Clearinghouse before the next phase of project development, the final design, in which the detailed specifications of the project are defined. The design phase precedes the time a State project is scheduled for right-of-way acquisition and construction in the Department's consolidated transportation program. Thus, the reports will be on file before the request to fund the budget year of the consolidated transportation program in which the right-of-way or construction phases of the project are scheduled to start.</text> </paragraph> <paragraph num="C."> <text>State-Aided Local Projects. Capital budget appropriations for the Department's programs of transportation assistance to local jurisdictions are requested before the time detailed information on specific projects is available. Therefore, an environmental assessment form covering each of these grant programs in a general manner will be prepared and submitted before the request for capital appropriations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Circulation."> <text>A major aim of the Maryland Environmental Policy Act is to provide public notice of actions which have environmental effects before legislative action. To that end, the following procedures are established:</text> <paragraph num="A."> <text>All environmental assessment forms and environmental effects reports shall be available for inspection by the public at the operating administration within the Department which prepared the reports, and copies will be available from the Department upon written request free of charge to the fullest extent possible.</text> </paragraph> <paragraph num="B."> <text>The Department shall file copies with the State Clearinghouse which will prepare a list by title of every environmental effects report or environmental assessment form filed in the preceding month, naming the Department and including a short description of the locale affected and the amount of funds requested. Monthly, the list will be distributed by the State Clearinghouse to:</text> <paragraph num="(1)"> <text>All members of the State General Assembly;</text> </paragraph> <paragraph num="(2)"> <text>Selected State agencies;</text> </paragraph> <paragraph num="(3)"> <text>All newspapers, private citizens, and citizen groups who request the listing and pay a subscription fee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Related Federal Requirements."> <paragraph num="A."> <text>Many programs and projects of the Department use federal funds and are therefore subject to national environmental requirements. Most of these projects, for example, come within the coverage of the National Environmental Policy Act (NEPA), passed by the Congress in 1969 and effective as of January 1, 1970. In many respects, the environmental impact statement and the environmental effects report required under the Maryland Environmental Policy Act (ACT) are similar both in purpose and in content.</text> </paragraph> <paragraph num="B."> <text>The federal law and the State law clearly overlap in many respects. The Maryland Department of Transportation feels it would be inefficient to duplicate the effort involved in preparing a separate State environmental effects report on any program or project for which a federal environmental impact statement is also required. Therefore, one report will be developed covering the requirements under both laws.</text> </paragraph> <paragraph num="C."> <text>When a program or project of the Maryland Department of Transportation comes under the National Environmental Policy Act and the responsible federal official issues a Finding of No Significant Impact (FONSI) (a statement which says that in his view the proposal does not significantly affect the quality of the human environment nor is it a major federal action and therefore an environmental impact statement is not required), that FONSI will be included with the environmental assessment form, and no environmental effects report will be developed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Unaffected Projects."> <text>The following types of capital improvements are not subject to the reporting requirements of these procedures either because they do not significantly affect the environment or because they are not the subject of “proposed State action” that is, there is no specific request for legislative appropriation or other legislative action for the improvements:</text> <paragraph num="A."> <text>Installation, modification, or renewal of navigational, traffic control, and safety equipment such as signing, signalization, lighting, fencing, freeway surveillance and control systems, railroad protective devices, roadway grooving, glare screens, safety barriers, and energy attenuators;</text> </paragraph> <paragraph num="B."> <text>Interior or exterior renovation of transportation facilities which does not significantly increase capacity;</text> </paragraph> <paragraph num="C."> <text>Overlay or resurfacing of existing taxiway, runway, ramp, roadway, and parking lot surfaces;</text> </paragraph> <paragraph num="D."> <text>Modernization and improvement of existing highways by resurfacing, reconstruction of roadbeds, widening less than single lane width, adding shoulders, adding auxiliary lanes for localized purposes, correcting substandard curves and intersections, spot improvements, drainage improvements, erosion control, and channelizations;</text> </paragraph> <paragraph num="E."> <text>Addition of scenic lands, rest areas, and scenic overlooks without sewage discharge;</text> </paragraph> <paragraph num="F."> <text>Junkyard and outdoor advertising control projects;</text> </paragraph> <paragraph num="G."> <text>Traffic noise attenuation projects;</text> </paragraph> <paragraph num="H."> <text>Reconstruction of grade separations;</text> </paragraph> <paragraph num="I."> <text>Approval of utility installations along or across a transportation facility;</text> </paragraph> <paragraph num="J."> <text>Construction of bicycle and pedestrian lanes, paths, and facilities;</text> </paragraph> <paragraph num="K."> <text>Improvements to existing rest areas and truck weigh stations;</text> </paragraph> <paragraph num="L."> <text>Ride-sharing activities;</text> </paragraph> <paragraph num="M."> <text>Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons;</text> </paragraph> <paragraph num="N."> <text>Bridge redecking, resurfacing, and minor rehabilitation (superstructive only); and</text> </paragraph> <paragraph num="O."> <text>Modification, upgrading, repair, or retrofitting of existing stormwater management facilities or the retrofit construction of new facilities when not done in conjunction with another transportation project.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Forms."> <text>Environmental Assessment Form (EAF)</text> <text>This form is to assist the reviewers in determining whether a proposed action could cause significant natural and socioeconomic environmental effects and thus require an environmental effects report.</text> <text>Department _______________________________ Division _________________________</text> <text>Other ____________________________________________________________________</text> <text>Project Title _______________________________________________________________</text> <text>Predicted Dates: Commencement _______________________________________________</text> <text>Completion _____________________________ Projected Cost _______________________</text> <paragraph num="A."> <text>Background Information.</text> <paragraph num="(1)"> <text>Give a brief description of the proposed action/project(s).</text> </paragraph> <paragraph num="(2)"> <text>Describe the geographical area(s) which will be affected by the action/project(s); specifically locate the project by using the Maryland coordinate grid system; include distinguishing natural and man-made features and a brief description of the present use of the area(s). Include a suitable location map (sketch map or copy of U.S. Geological Survey Map, etc.).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Assessment of Significant Environmental Effects.</text> <paragraph num="(1)"> <text>The following questions should be answered by placing a check in the appropriate column(s). If desirable, the “comments attached” column can be checked by itself or in combination with an answer of “yes” or “no” to provide additional information or to overcome an affirmative presumption.</text> </paragraph> <paragraph num="(2)"> <text>In answering the questions, the significant beneficial and adverse, short-term and long-term effects of the proposed action, on site and off site during construction and operation should be considered.</text> </paragraph> <paragraph num="(3)"> <text>All questions should be answered as if the agency is subject to the same requirements as a private person requesting a license or permit from the State or federal government.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Summary of Environmental Effects Report. Attached to the front of every environmental effects report should be a one or two page summary in substantially the following form:</text> <paragraph num="1."> <text>Kind of action: _________________________ request for legislative appropriation, i.e., requests for capital budget items, requests for encumbrances upon special funds or trusts, and bond issues.</text> </paragraph> <paragraph num="2."> <text>Official responsible for issuance of this statement (name, address, telephone).</text> </paragraph> <paragraph num="3."> <text>Official responsible as a contact for questions in regard to the environmental effects report.</text> </paragraph> <paragraph num="4."> <text>Name, location, and brief description of the action.</text> </paragraph> <paragraph num="5."> <text>Summary of environmental effects for the following:</text> </paragraph> <paragraph num="6."> <text>List of alternatives considered.</text> </paragraph> <paragraph num="7."> <text>List all federal, State, and local agencies and other sources from which written comments have been requested.</text> </paragraph> <paragraph num="8."> <text>Date statement was sent to Clearinghouse.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 29, 1975 (2:24 Md. R. 1482)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="09" heading="Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process" reason="Repealed — See COMAR 21.12.04"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 24, 1978 (5:6 Md. R. 467)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective June 15, 1979 (6:12 Md. R. 1051)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)</annotation> <annotation type="History" subtype="Administrative History">The substance of the chapter was transferred to Title 21. See COMAR 21.12.04.</annotation> </annotations> </chapter> <chapter num="10" heading="Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program"> <regulation prefix="Regulation" num=".01" heading="Incorporation by Reference."> <text>The Maryland Minority Business Enterprise Program Manual, formerly known as The Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program (Maryland Department of Transportation, November 1999), as amended February 2009 and July 2014, is incorporated by reference.</text> </regulation> <annotations> <annotation type="Authority">State Finance and Procurement Article, §§14-301—14-308; Transportation Article, §2-103; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted as an emergency provision effective March 31, 1978 (5:8 Md. R. 587); adopted permanently effective August 11, 1978 (5:16 Md. R. 1259)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective June 29, 1979 (6:13 Md. R. 1129)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B adopted effective December 14, 1979 (6:25 Md. R. 1981)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 12, 1980 (7:25 Md. R. 2337)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective May 14, 1981 (8:11 Md. R. 971); emergency status expired September 26, 1981</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective May 4, 1984 (11:11 Md. R. 960); adopted permanently effective August 13, 1984 (11:16 Md. R. 1392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective June 1, 1985 (12:13 Md. R. 1275); emergency status extended at 12:17 Md. R. 1697; adopted permanently effective December 2, 1985 (12:24 Md. R. 2349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted as an emergency provision effective November 27, 1985 (12:26 Md. R. 2541); adopted permanently effective March 10, 1986 (13:5 Md. R. 546)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective October 5, 1987 (14:20 Md. R. 2143)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2181); July 6, 1992 (19:13 Md. R. 1203); May 9, 1994 (21:9 Md. R. 751); January 1, 1996 (22:26 Md. R. 2030); March 20, 2000 (27:5 Md. R. 585)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective March 13, 2009 (36:8 Md. R. 592); amended permanently effective September 7, 2009 (36:18 Md. R. 1382)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 13, 2015 (42:7 Md. R. 570)</annotation> </annotations> </chapter> <chapter num="11" heading="Small Business Procurements, Construction Contracts" reason="Repealed — See COMAR 21.11.01"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: May 5, 1978 (5:9 Md. R. 684)</annotation> <annotation type="History" subtype="Administrative History">(Chapter originally adopted as COMAR 11.01.08 and recodified as COMAR 11.01.11)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 15, 1979 (6:12 Md. R. 1051); September 19, 1980 (7:19 Md. R. 1807)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02B, .03A-D, F-I, .04 amended effective October 19, 1979 (6:21 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)</annotation> <annotation type="History" subtype="Administrative History">The substance of this chapter was transferred to Title 21. See COMAR 21.11.01</annotation> </annotations> </chapter> <chapter num="12" heading="Implementation of the “Buy American Steel” Act" reason="Repealed — See COMAR 21.11.02"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 26, 1979 (6:2 Md. R. 75)</annotation> <annotation type="History" subtype="Administrative History">(Chapter originally adopted as COMAR 11.01.13 and recodified as COMAR 11.01.12)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)</annotation> <annotation type="History" subtype="Administrative History">The substance of this chapter was transferred to Title 21. See COMAR 21.11.02.</annotation> </annotations> </chapter> <chapter num="13" heading="Release of Public Records"> <regulation prefix="Regulation" num=".01" heading="General."> <text>These regulations set out the procedures for the filing of requests with the Department of Transportation for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department when access is allowed by law by minimizing costs and time delays to persons requesting information.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means a person or government unit that asks to inspect a public record.</text> </paragraph> <paragraph num="(3)"> <text>“Custodian” means an authorized person employed by the Department having physical custody and control of public records of the Department.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the Department of Transportation.</text> </paragraph> <paragraph num="(5)"> <text>“Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental headquarters elements, the administrations, and the various Departmental boards and commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's actual personal custody and control.</text> </paragraph> <paragraph num="(6)"> <text>“Public records” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Secretary” means the Secretary of Transportation.</text> </paragraph> <paragraph num="(8)"> <text>“Sociological information” means:</text> <paragraph num="(a)"> <text>Social Security number;</text> </paragraph> <paragraph num="(b)"> <text>Personal address;</text> </paragraph> <paragraph num="(c)"> <text>Personal phone number;</text> </paragraph> <paragraph num="(d)"> <text>Personal email address;</text> </paragraph> <paragraph num="(e)"> <text>Date of birth; and</text> </paragraph> <paragraph num="(f)"> <text>Driver’s license number.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Working day” means every day except Saturdays, Sundays, and State holidays.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Who May Request."> <text>Any person may request to inspect or copy any public record that is in the custody and control of the Department.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Form of Request."> <paragraph num="A."> <text>Inspections.</text> <paragraph num="(1)"> <text>Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.</text> </paragraph> <paragraph num="(2)"> <text>The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.</text> </paragraph> <paragraph num="(3)"> <text>The custodian of record shall not disclose sociological information to a requester, except the custodian may permit inspection:</text> <paragraph num="(a)"> <text>By an individual named in the record;</text> </paragraph> <paragraph num="(b)"> <text>By the attorney of record of an individual named in the record;</text> </paragraph> <paragraph num="(c)"> <text>By the insurance company of record of an individual named in the record;</text> </paragraph> <paragraph num="(d)"> <text>By public employees in performance of their public duties;</text> </paragraph> <paragraph num="(e)"> <text>When required by a duly issued subpoena;</text> </paragraph> <paragraph num="(f)"> <text>When the Secretary determines that disclosure is in the public’s best interest; or</text> </paragraph> <paragraph num="(g)"> <text>When otherwise required by law.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.</text> </paragraph> <paragraph num="C."> <text>If a written request is required, the applicant may use Form D-RM-005, “Request for Public Records”, or submit a request letter. The request letter shall contain the name and address of the applicant and a brief description of the record sought, and shall be signed by the applicant.</text> </paragraph> <paragraph num="D."> <text>Applicants may obtain Form D-RM-005 or may request public records by writing, visiting, or calling any Office of the Department of Transportation, or by contacting the appropriate official custodian as listed below:</text> <paragraph num="(1)"> <text>Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;</text> </paragraph> <paragraph num="(2)"> <text>Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041;</text> </paragraph> <paragraph num="(3)"> <text>Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614;</text> </paragraph> <paragraph num="(4)"> <text>Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001;</text> </paragraph> <paragraph num="(5)"> <text>Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766;</text> </paragraph> <paragraph num="(6)"> <text>Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21202-0717;</text> </paragraph> <paragraph num="(7)"> <text>Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Filing the Written Request."> <paragraph num="A."> <text>A written request shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary or to the appropriate official custodian.</text> </paragraph> <paragraph num="B."> <text>Official custodians and custodians shall coordinate their responses to all requests for public records received from the media with the appropriate public affairs officer to ensure that these requests are handled in a manner consistent with normal media relations practices.</text> </paragraph> <paragraph num="C."> <text>The Motor Vehicle Administration shall develop request procedures in keeping with the spirit of these regulations whereby volume applicants for release of public records need not use Form D-RM-005.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response to Request."> <paragraph num="A."> <text>If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, when that period of time is needed to retrieve the information.</text> </paragraph> <paragraph num="B."> <text>If the official custodian decides to deny the written request, the official custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial by providing a written statement of the grounds for the denial, including a citation of the law or regulation under which access is denied and all remedies for review of the denial under the Act.</text> </paragraph> <paragraph num="C."> <text>Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.</text> </paragraph> <paragraph num="D."> <text>If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.</text> </paragraph> <paragraph num="E."> <text>With the consent of the applicant, any time limit imposed by §§A, B, and D of this regulation may be extended for an additional period not to exceed 30 days.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notification of Persons Who May Be Affected by Disclosure."> <text>Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Records Temporarily Unavailable."> <text>If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Records Destroyed or Lost."> <text>If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances why the record cannot be produced.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Review of the Denial."> <paragraph num="A."> <text>If the written request is denied by the official custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.</text> </paragraph> <paragraph num="B."> <text>If a hearing is requested by the applicant, the hearing shall be conducted by the Office of Administrative Hearings pursuant to a delegation from the Secretary and the hearing shall be governed by State Government Article, §§10-205—10-225, Annotated Code of Maryland and the regulations promulgated thereunder. After the hearing, the administrative law judge shall prepare proposed findings of fact, proposed conclusions of law, and a proposed order. The Secretary or the Secretary's designee shall issue the final decision of the Department.</text> </paragraph> <paragraph num="C."> <text>If the administrative hearing finding confirms total or partial denial of the written request, the applicant may then seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>If the applicant chooses not to request a hearing under §A of this regulation, the applicant alternatively may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Disclosure Against Public Interest."> <text>If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the official custodian to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the official custodian in the same manner provided for service of process by the Maryland Rules of Procedure.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Fees."> <paragraph num="A."> <text>The fee schedule for reproducing public records of the Department is as follows:</text> <paragraph num="(1)"> <text>Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. However, when records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be determined on a case-by-case basis at actual cost.</text> </paragraph> <paragraph num="(2)"> <text>Printed Material. The charges for printed documents shall be actual cost of the item, if known. If actual cost is not known, the charge shall be 5 cents per page.</text> </paragraph> <paragraph num="(3)"> <text>Printouts. If the Department is required to provide a printout, the charge for the printout shall be determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs.</text> </paragraph> <paragraph num="(4)"> <text>Certification of Copies. When a person requests that a copy of a record be certified as a true copy, an additional fee of 15 cents per page or, if appropriate, $1 per item, shall be charged.</text> </paragraph> <paragraph num="(5)"> <text>Search Fees.</text> <paragraph num="(a)"> <text>Except as provided in §A(5)(b) of this regulation, the official custodian may charge reasonable fees for the search and preparation of records for inspection and copying.</text> </paragraph> <paragraph num="(b)"> <text>The official custodian may not charge any search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.</text> </paragraph> <paragraph num="(7)"> <text>Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. A charge need not be made if the total amount of the fee is $1 or less.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.</text> </paragraph> <paragraph num="C."> <text>If the custodian is unable to copy a record within the Department, he shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.</text> </paragraph> <paragraph num="D."> <text>Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.</text> </paragraph> <paragraph num="E."> <text>Items which are promotional in nature or which are routinely distributed to the public, and items which are required to be furnished to the public, other than by the provisions of the Public Information Act, may be given free of charge.</text> </paragraph> <paragraph num="F."> <text>The Motor Vehicle Administration shall develop cost procedures in keeping with the spirit of these regulations whereby payment for volume requests for public records may be made on a periodic basis.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Time of Inspection."> <text>An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Place of Inspection."> <text>The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §§10-611—10-623, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 26, 1980 (7:26 Md. R. 2422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)</annotation> </annotations> </chapter> <chapter num="14" heading="Procedure for Hearings in Contested Cases"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability."> <paragraph num="A."> <text>These procedures apply to all contested cases within the Department except hearings conducted by the Motor Vehicle Administration under the procedures set forth in the Maryland Vehicle Law and hearings governed by special regulations or otherwise exempted by law from coverage.</text> </paragraph> <paragraph num="B."> <text>These procedures do not apply to contested cases delegated to the Office of Administrative Hearings for the contested case hearing, except that the requirements of Regulations .11B and .12 of this chapter shall apply where final decision-making authority has not been delegated to the Office of Administrative Hearings.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act.</text> </paragraph> <paragraph num="(2)"> <text>“Decision maker” means the person or persons with authority to decide a contested case.</text> </paragraph> <paragraph num="(3)"> <text>“Department” means the Maryland Department of Transportation or any of its units.</text> </paragraph> <paragraph num="(4)"> <text>“Party” means one whose legal rights, duties, statutory entitlements, or privileges will be affected by the outcome of a contested case.</text> </paragraph> <paragraph num="(5)"> <text>“Presiding officer” means the individual or individuals authorized to conduct a contested case hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Notice."> <paragraph num="A."> <text>In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.</text> </paragraph> <paragraph num="B."> <text>The hearing notice shall contain:</text> <paragraph num="(1)"> <text>The date, time, place, and nature of the hearing;</text> </paragraph> <paragraph num="(2)"> <text>A statement of the right to present witnesses and documents, or other evidence, and the right to cross-examine any witness that another party or the agency calls under State Government Article, §10-213(f), Annotated Code of Maryland, if applicable;</text> </paragraph> <paragraph num="(3)"> <text>If applicable, a statement of the right to request subpoenas for witnesses and evidence, and specifying the costs, if any, associated with the request;</text> </paragraph> <paragraph num="(4)"> <text>A statement that a copy of the hearing procedures is available on request, and specifying the costs, if any, associated with the request;</text> </paragraph> <paragraph num="(5)"> <text>A statement of any right or restrictions pertaining to representation;</text> </paragraph> <paragraph num="(6)"> <text>A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and</text> </paragraph> <paragraph num="(7)"> <text>A statement that, unless otherwise prohibited by law, the parties may agree to the evidence and may waive their right to appear at the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Hearing Officer."> <paragraph num="A."> <text>If approved in writing by the Chief Administrative Law Judge, the decision maker may designate a presiding officer who shall conduct the hearing and make written findings of fact and proposed conclusions of law.</text> </paragraph> <paragraph num="B."> <text>The decision maker may also be the presiding officer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Representation."> <paragraph num="A."> <text>A party may appear in proper person or be represented by counsel.</text> </paragraph> <paragraph num="B."> <text>A corporation may be represented by an officer, agent, or attorney.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Evidence."> <paragraph num="A."> <text>Evidence that possesses probative value commonly accepted by reasonable and prudent individuals in the conduct of the individuals' affairs may be admitted at a hearing.</text> </paragraph> <paragraph num="B."> <text>Incompetent, irrelevant, immaterial, and unduly repetitious evidence may be excluded.</text> </paragraph> <paragraph num="C."> <text>The presiding officer is not bound by technical rules of evidence.</text> </paragraph> <paragraph num="D."> <text>Written statements may be submitted by parties before and at the hearing and for such period of time that the presiding officer may designate the record to remain open after the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Witnesses."> <paragraph num="A."> <text>A party may call witnesses and cross-examine opposing witnesses.</text> </paragraph> <paragraph num="B."> <text>Witnesses and parties acting as witnesses shall be sworn or put upon affirmation to tell the truth.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Hearing."> <paragraph num="A."> <text>The hearing shall be open to the public, unless otherwise provided by law.</text> </paragraph> <paragraph num="B."> <text>Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Ex Parte Communications."> <paragraph num="A."> <text>Individuals, other than advisory staff or agency counsel who do not participate in the contested case hearing, may not communicate ex parte with the presiding officer or decision maker.</text> </paragraph> <paragraph num="B."> <text>Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties who shall then have 10 days after notice of the communication within which to rebut them.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Decision."> <paragraph num="A."> <text>The decision maker may adopt, modify, or rewrite a presiding officer's findings of fact and proposed conclusions of law.</text> </paragraph> <paragraph num="B."> <text>If a decision maker, or a majority of them, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be mailed to all parties. Parties adversely affected by the decision shall be afforded the opportunity, within 15 days after receipt of it, to file exceptions and present argument to the decision maker or the majority of them.</text> </paragraph> <paragraph num="C."> <text>The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.</text> </paragraph> <paragraph num="D."> <text>Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys.</text> </paragraph> <paragraph num="E."> <text>Instead of a decision, a contested case may be disposed of by stipulation, settlement, consent order, default, withdrawal, summary disposition, or dismissal.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Appeal."> <paragraph num="A."> <text>Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.</text> </paragraph> <paragraph num="B."> <text>The record, for purposes of appeal, in a contested case shall include:</text> <paragraph num="(1)"> <text>Motions and pleadings;</text> </paragraph> <paragraph num="(2)"> <text>Documentary evidence;</text> </paragraph> <paragraph num="(3)"> <text>Statements of each fact of which the presiding officer or decision maker has taken official notice;</text> </paragraph> <paragraph num="(4)"> <text>Transcripts;</text> </paragraph> <paragraph num="(5)"> <text>Staff memoranda, unless privileged;</text> </paragraph> <paragraph num="(6)"> <text>Findings of fact or conclusions of law proposed by a party or presiding officer;</text> </paragraph> <paragraph num="(7)"> <text>Exceptions to findings or conclusions proposed by a presiding officer;</text> </paragraph> <paragraph num="(8)"> <text>Intermediate proposals and final decisions; and</text> </paragraph> <paragraph num="(9)"> <text>Any other writing germane to the case and not otherwise privileged.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Upon notice of appeal the record shall be transmitted promptly to the appropriate appellate tribunal but in any event within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Time Periods."> <text>For good cause the presiding officer or decision maker may extend or waive time periods provided in these regulations.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Interpretation."> <text>These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 5, 1980 (7:18 Md. R. 1740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="15" heading="Correction or Amendment of Personal Records"> <regulation prefix="Regulation" num=".01" heading="General."> <text>These regulations set out procedures within the Department of Transportation for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>“Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.</text> </paragraph> <paragraph num="B."> <text>“Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental Headquarters elements, the Administrations, and the various Departmental Boards and Commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's personal custody and control.</text> </paragraph> <paragraph num="C."> <text>“Person in interest” means and includes the person who is the subject of a record or any representative designated by that person, except that if the subject of the record is under legal disability, the term “person in interest” shall mean and include the parent or duly appointed legal representative.</text> </paragraph> <paragraph num="D."> <text>“Personal records” means and includes any public record that contains information pertaining to a natural person whose identity can be ascertained from the public record with reasonable certainty either by name, address, number, description, finger or voice print, picture, or any other identifying factor or factors.</text> </paragraph> <paragraph num="E."> <text>“Third party” means any natural person, corporation, partnership, firm, association or governmental agency who is not a “person in interest.”</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Who May Request."> <text>A person in interest who has the right to inspect records pursuant to State Government Article, §§10-612—10-619, Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Contents of Request."> <text>The person in interest shall request the correction or amendment in writing. Each request shall:</text> <paragraph num="A."> <text>Identify the personal records the person is seeking to correct or amend;</text> </paragraph> <paragraph num="B."> <text>State the precise correction or amendment requested;</text> </paragraph> <paragraph num="C."> <text>State the reason the correction or amendment is sought; and</text> </paragraph> <paragraph num="D."> <text>Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Filing the Request."> <text>A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the appropriate official custodian as listed below:</text> <paragraph num="A."> <text>Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;</text> </paragraph> <paragraph num="B."> <text>Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041;</text> </paragraph> <paragraph num="C."> <text>Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614;</text> </paragraph> <paragraph num="D."> <text>Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001;</text> </paragraph> <paragraph num="E."> <text>Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766;</text> </paragraph> <paragraph num="F."> <text>Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21203-0717;</text> </paragraph> <paragraph num="G."> <text>Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Return of Request."> <text>A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Department.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Response to Request."> <text>Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall:</text> <paragraph num="A."> <text>Make the requested correction or amendment and inform the person in writing of the action; or</text> </paragraph> <paragraph num="B."> <text>Inform the person in writing of the:</text> <paragraph num="(1)"> <text>Department's refusal to make the requested correction or amendment; and</text> </paragraph> <paragraph num="(2)"> <text>Reason for the refusal; or</text> </paragraph> </paragraph> <paragraph num="C."> <text>Inform the person in writing that the request will not be acted on because:</text> <paragraph num="(1)"> <text>The person is not a “person in interest”;</text> </paragraph> <paragraph num="(2)"> <text>The records sought to be corrected or amended are not “personal records”;</text> </paragraph> <paragraph num="(3)"> <text>The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-612—10-619, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(4)"> <text>Of any other reason that is authorized by law.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Refusal of Request."> <text>If the Department's final determination under Regulation .07 is to refuse the requested correction or amendment, as authorized by Regulation .07B, the person in interest may file with the Department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:</text> <paragraph num="A."> <text>The requested correction or amendment; and</text> </paragraph> <paragraph num="B."> <text>Disagreement with the Department's refusal to make the correction or amendment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Information Provided to Third Parties."> <text>When the Department discloses to a third party information from personal records about which a statement in compliance with Regulation .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Administrative Review."> <paragraph num="A."> <text>A person in interest may request an administrative review within the Department, by filing a request for review with the Secretary or the Secretary's designee, if the person in interest has been denied:</text> <paragraph num="(1)"> <text>An amendment or correction of a record;</text> </paragraph> <paragraph num="(2)"> <text>The right to file a statement; or</text> </paragraph> <paragraph num="(3)"> <text>The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A request for review shall be filed within 30 days of the date the person in interest is advised of the Department's action.</text> </paragraph> <paragraph num="C."> <text>The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>This remedy of administrative review need not be exhausted before filing suit in a circuit court pursuant to State Government Article, §10-625(e), Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §10-625, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 16, 1984 (11:14 Md. R. 1250)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)</annotation> </annotations> </chapter> <chapter num="16" heading="Rules of Procedure of the Board of Airport Zoning Appeals"> <regulation prefix="Regulation" num=".01" heading="Scope of Authority."> <paragraph num="A."> <text>The Board may hear and decide appeals in cases when there is a denial by the Maryland Aviation Administration in an order, requirement, decision, or determination relating to a request for a permit for any activity, land use, or structure within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.</text> </paragraph> <paragraph num="B."> <text>The Board may hear, decide, and grant specific variances permitting a prohibited activity or land use, or deny requests for a prohibited activity or land use within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Aviation Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Board” means the Maryland Board of Airport Zoning Appeals.</text> </paragraph> <paragraph num="(3)"> <text>“Contested case” means a proceeding so defined under State Government Article, §10-202(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Party” means:</text> <paragraph num="(a)"> <text>The applicant, appellant, or the Administration;</text> </paragraph> <paragraph num="(b)"> <text>An aggrieved person or any officer or agency of the political subdivision affected by the decision of the Administration and who has been granted the right to intervene by the Chairman of the Board.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Vice Chairman."> <text>The Chairman shall appoint a Vice Chairman to fulfill the duties of the Chairman when the Chairman is unable to perform his duties due to absence or disability.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Meetings, Quorums, Votes."> <paragraph num="A."> <text>Meetings. The Board shall meet at the call of the Chairman or, during the Chairman's absence, the Vice Chairman. Unless otherwise designated, meetings shall be held at the Headquarters Building, Maryland Department of Transportation.</text> </paragraph> <paragraph num="B."> <text>Quorums.</text> <paragraph num="(1)"> <text>If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, four members of the Board are a quorum including:</text> <paragraph num="(a)"> <text>One at-large member;</text> </paragraph> <paragraph num="(b)"> <text>Two members from Anne Arundel County; and</text> </paragraph> <paragraph num="(c)"> <text>One member from Howard County.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an application for a variance or an appeal to the Board concerns property in Baltimore County, three members of the Board are a quorum including:</text> <paragraph num="(a)"> <text>One at-large member; and</text> </paragraph> <paragraph num="(b)"> <text>Two members from Baltimore County.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Votes. A majority of the quorum hearing an appeal or request for variance, as the quorum is defined in §B(1) or (2), of this regulation, shall be required to affirm any action of the Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Initiation of Appeals, Time Limits."> <paragraph num="A."> <text>Appeals to the Board may be taken by any party when there is a denial of the request for a permit by the Maryland Aviation Administration. An appeal shall be filed within 30 days of a decision by the Administration.</text> </paragraph> <paragraph num="B."> <text>Requests to the Board for a specific variance from noise zone or airport zoning district regulations shall be filed within 30 days of the decision by the Administration.</text> </paragraph> <paragraph num="C."> <text>The Chairman may extend the time limits set forth in §§A and B, of this regulation. The extension shall be at the discretion of the Chairman and only for good cause. A party requesting an extension shall file with the Board a written request setting forth the reason for the requested extension. This request shall be filed with the Board within the time period set forth in §A or B, of this regulation.</text> </paragraph> <paragraph num="D."> <text>Form of Appeal. Appeals shall be filed in writing with the Board and shall contain the following information:</text> <paragraph num="(1)"> <text>A caption setting forth the:</text> <paragraph num="(a)"> <text>Parties,</text> </paragraph> <paragraph num="(b)"> <text>Name of the Board,</text> </paragraph> <paragraph num="(c)"> <text>Docket number;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The basis for the appeal; and</text> </paragraph> <paragraph num="(3)"> <text>The relief sought.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Request for Variance. A request for variance shall be filed in writing with the Board and shall contain the following information:</text> <paragraph num="(1)"> <text>A caption setting forth the:</text> <paragraph num="(a)"> <text>Parties,</text> </paragraph> <paragraph num="(b)"> <text>Name of the Board,</text> </paragraph> <paragraph num="(c)"> <text>Docket number;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The basis for the request for variance; and</text> </paragraph> <paragraph num="(3)"> <text>The relief sought.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Docket, Time of Hearing, Notice."> <paragraph num="A."> <text>The Secretary of the Board shall maintain a docket in which all appeals and requests for variance shall be recorded. The docket shall be available for public inspection during normal business hours at the Headquarters Building, Maryland Department of Transportation.</text> </paragraph> <paragraph num="B."> <text>Appeals and requests for variance shall be recorded on the docket upon receipt and filed for hearing in the order they are received by the Board. The Board may, however, for administrative ease and in its discretion, schedule hearings in any order other than the order in which they are received, provided that this does not result in a delay of more than 2 months from the date a hearing would have been conducted had it been scheduled based upon the date of receipt of the appeal or request for variance.</text> </paragraph> <paragraph num="C."> <text>Upon request by any party, the Board may hold expedited proceedings if it determines that there are sufficient grounds for so doing. In this event, the provisions of §§B and E may be waived.</text> </paragraph> <paragraph num="D."> <text>The Chairman or his designated representative may request further documentation from any party prior to the hearing.</text> </paragraph> <paragraph num="E."> <text>Notice of hearings on appeals or requests for variance shall be:</text> <paragraph num="(1)"> <text>Sent by certified mail to all parties not more than 30 days, or less than 10 days, before the date of the hearing; and</text> </paragraph> <paragraph num="(2)"> <text>Advertised in the Maryland Register or a newspaper of general circulation in the county in which the applicant's property is located at least 10 days before the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Representation."> <paragraph num="A."> <text>A party may appear in proper person or be represented by counsel.</text> </paragraph> <paragraph num="B."> <text>A political subdivision may be represented by any officer or agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Prehearing Procedures."> <paragraph num="A."> <text>At least 2 weeks before the hearing, each party shall file with the Board a list of witnesses and documentary evidence to be introduced at the hearing, and a copy shall be served on each other party to the hearing.</text> </paragraph> <paragraph num="B."> <text>Prehearing Conferences. The Chairman of the Board may hold prehearing conferences as he considers appropriate.</text> </paragraph> <paragraph num="C."> <text>The Board may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of documents.</text> </paragraph> <paragraph num="D."> <text>A preliminary motion filed by a party shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 10 working days before the hearing, and a copy shall be served on each other party to the hearing. Any response shall be filed with the Board at least 5 working days before the hearing, and a copy shall be served on each other party to the hearing. The Board may, in its discretion, grant a hearing on the motions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Conduct of the Hearing."> <paragraph num="A."> <text>Duties of Chairman. The Chairman or his designee shall be the presiding officer. The presiding officer:</text> <paragraph num="(1)"> <text>Shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing;</text> </paragraph> <paragraph num="(2)"> <text>May set time limits on arguments;</text> </paragraph> <paragraph num="(3)"> <text>Shall be responsible for decorum in the hearing and may suspend the proceeding as necessary to maintain decorum;</text> </paragraph> <paragraph num="(4)"> <text>May request a representative of the Attorney General's Office to act as legal advisor to the Board regarding questions of evidence and law.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Order of Procedure. The order in which the parties shall present their cases shall be determined by the presiding officer.</text> </paragraph> <paragraph num="C."> <text>Examination of Witnesses and Introduction of Evidence.</text> <paragraph num="(1)"> <text>The rules of evidence in all hearings under these procedures shall be as set forth under the Administrative Procedure Act, State Government Article, §10-213, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, however, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.</text> </paragraph> <paragraph num="(3)"> <text>The Chairman and any members of the Board may examine any witness called to testify at the hearing. The presiding officer may call as a witness any other person.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Summary of Evidence. The presiding officer may, in his discretion, permit any party to summarize the evidence, provided that, if one party is permitted summary, the presiding officer shall also permit each other party to the hearing to summarize the evidence.</text> </paragraph> <paragraph num="E."> <text>Executive Session. The Board shall hold an executive session to consider all probative and relevant evidence submitted during the hearing and to determine the outcome of the hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Records and Transcripts."> <paragraph num="A."> <text>The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings.</text> </paragraph> <paragraph num="B."> <text>A stenographic record or an electronic recording shall be made of each hearing, but need not be transcribed unless a request for a transcribed copy is made. The party requesting the transcribed copy shall pay all costs of transcription.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Decision and Order."> <text>Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party within 120 days of the hearing.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Judicial Review."> <text>Upon issuance of a final decision, an aggrieved party may seek judicial review.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 15, 1986 (13:25 Md. R. 2661)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)</annotation> </annotations> </chapter> <chapter num="17" heading="Public-Private Partnership Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to:</text> <paragraph num="A."> <text>Establish a Maryland Department of Transportation Public-Private Partnership Program (“Program”) to enhance the State's transportation systems, assets, functions, and infrastructure; and</text> </paragraph> <paragraph num="B."> <text>Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Department’s Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>In accordance with State Finance and Procurement Article, §10A-101(g)(2), Annotated Code of Maryland, the Department is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.</text> </paragraph> <paragraph num="B."> <text>Within the Department, the Office of the Secretary shall be responsible for administering the Program on behalf of its Modal Administrations.</text> </paragraph> <paragraph num="C."> <text>In accordance with State Finance and Procurement Article, §10A-101(g)(2) and (3), Annotated Code of Maryland, the Maryland Transportation Authority is a separate reporting agency and its public-private partnership program is not included in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(3)"> <text>“Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants.</text> </paragraph> <paragraph num="(4)"> <text>“Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.</text> </paragraph> <paragraph num="(5)"> <text>“Modal Administrations” means the State Highway Administration, the Maryland Transit Administration, the Maryland Aviation Administration, the Maryland Port Administration, and the Maryland Motor Vehicle Administration.</text> </paragraph> <paragraph num="(6)"> <text>“Multi-step solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps:</text> <paragraph num="(a)"> <text>Issuance of a request for qualifications;</text> </paragraph> <paragraph num="(b)"> <text>Preproposal conference; issuance of a draft request for proposals;</text> </paragraph> <paragraph num="(c)"> <text>Industry review meetings; and</text> </paragraph> <paragraph num="(d)"> <text>Issuance of a final request for proposals.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Program” means the structure, process, methodology and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A -101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Department.</text> </paragraph> <paragraph num="(13)"> <text>“Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Secretary” means the Secretary of the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(16)"> <text>“Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.</text> </paragraph> <paragraph num="(17)"> <text>“Steering Committee” is the Transportation Public-Private Partnerships Steering Committee established to advise the Secretary on the structure and implementation of the Department’s Program and comprised of Department and other State employees identified by the Secretary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Transportation Public-Private Partnerships Steering Committee."> <paragraph num="A."> <text>The Steering Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to, the following:</text> <paragraph num="(1)"> <text>Identification of potential public-private partnership opportunities for screening;</text> </paragraph> <paragraph num="(2)"> <text>Screening of public-private partnership opportunities, including both high-level and detailed-level;</text> </paragraph> <paragraph num="(3)"> <text>Prioritization of public-private partnership opportunities for solicitation;</text> </paragraph> <paragraph num="(4)"> <text>Developing presolicitation and solicitation plans and processes for public-private partnerships;</text> </paragraph> <paragraph num="(5)"> <text>Ongoing monitoring of public-private partnerships; and</text> </paragraph> <paragraph num="(6)"> <text>Communication and coordination with other State reporting agencies.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Steering Committee shall be comprised of Department and other State employees as identified by the Secretary.</text> </paragraph> <paragraph num="C."> <text>The Steering Committee shall be chaired by a Department employee, as identified by the Secretary, and referred to as the Steering Committee chair.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Identification Process."> <paragraph num="A."> <text>Public-private partnership concepts and opportunities identified within the Department and its Modal Administrations and through other state, regional, local, and municipal processes.</text> <paragraph num="(1)"> <text>Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Department and its Modal Administrations and through other state, regional, local, and municipal processes, including but not limited to:</text> <paragraph num="(a)"> <text>Consolidated transportation program;</text> </paragraph> <paragraph num="(b)"> <text>Statewide transportation improvement program;</text> </paragraph> <paragraph num="(c)"> <text>Long-range transportation plans developed by metropolitan planning organizations; and</text> </paragraph> <paragraph num="(d)"> <text>County priority letters.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Public-Private Partnership Candidate Concept Application.</text> <paragraph num="(a)"> <text>To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor, either:</text> <paragraph num="(i)"> <text>A Modal Administration planning office; or</text> </paragraph> <paragraph num="(ii)"> <text>The Department’s planning staff.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.</text> </paragraph> <paragraph num="(c)"> <text>Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, including but not limited to:</text> <paragraph num="(i)"> <text>Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;</text> </paragraph> <paragraph num="(ii)"> <text>Preliminary qualitative evaluation of relevant benefits and cost;</text> </paragraph> <paragraph num="(iii)"> <text>Preliminary description of financial concepts;</text> </paragraph> <paragraph num="(iv)"> <text>Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and</text> </paragraph> <paragraph num="(v)"> <text>Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:</text> <paragraph num="(i)"> <text>Developed by the Steering Committee;</text> </paragraph> <paragraph num="(ii)"> <text>Approved by the Secretary; and</text> </paragraph> <paragraph num="(iii)"> <text>Updated by the Steering Committee as needed.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Unsolicited Proposals.</text> <paragraph num="(1)"> <text>In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Department in implementing its functions in a manner consistent with State policy.</text> </paragraph> <paragraph num="(2)"> <text>Assets defined as transportation facilities projects under Transportation Article, §4-101(h), Annotated Code of Maryland:</text> <paragraph num="(a)"> <text>Are not the direct responsibility of the Department;</text> </paragraph> <paragraph num="(b)"> <text>Are the direct responsibility of the Maryland Transportation Authority; and</text> </paragraph> <paragraph num="(c)"> <text>Should not be included in unsolicited proposals submitted to the Department.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An unsolicited proposal may be submitted at any time.</text> </paragraph> <paragraph num="(4)"> <text>An unsolicited proposal shall:</text> <paragraph num="(a)"> <text>Be sealed and delivered to the Secretary’s Office to the attention of the Steering Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and</text> </paragraph> <paragraph num="(b)"> <text>Consist of 15 hardcopies and 1 electronic copy.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Unsolicited Informational Meetings.</text> <paragraph num="(a)"> <text>Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission.</text> </paragraph> <paragraph num="(b)"> <text>Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair.</text> </paragraph> <paragraph num="(c)"> <text>The Department may not be required to grant meetings in response to a request.</text> </paragraph> <paragraph num="(d)"> <text>During unsolicited informational meetings, the Department may provide informal feedback and comments to the private entity.</text> </paragraph> <paragraph num="(e)"> <text>The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs.</text> </paragraph> <paragraph num="(f)"> <text>A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept.</text> </paragraph> <paragraph num="(7)"> <text>An unsolicited proposal shall include, at a minimum, the following:</text> <paragraph num="(a)"> <text>An executive summary of the major elements of the unsolicited proposal, including:</text> <paragraph num="(i)"> <text>The title of the proposed concept;</text> </paragraph> <paragraph num="(ii)"> <text>A brief description and justification of the proposed concept;</text> </paragraph> <paragraph num="(iii)"> <text>The name and address of the public-private partnership private entity; and</text> </paragraph> <paragraph num="(iv)"> <text>A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity.</text> </paragraph> <paragraph num="(c)"> <text>A summary narrative that describes:</text> <paragraph num="(i)"> <text>The key components of the proposed public-private partnership concept;</text> </paragraph> <paragraph num="(ii)"> <text>Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;</text> </paragraph> <paragraph num="(iii)"> <text>Preliminary qualitative evaluation of relevant benefits and costs;</text> </paragraph> <paragraph num="(iv)"> <text>Preliminary description of financial concepts;</text> </paragraph> <paragraph num="(v)"> <text>The relevance of the public-private concept to other transportation facilities or other public infrastructure assets; and</text> </paragraph> <paragraph num="(vi)"> <text>A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>A high-level description of financial feasibility that includes:</text> <paragraph num="(i)"> <text>Amounts and sources of any public funding that may be required;</text> </paragraph> <paragraph num="(ii)"> <text>How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and</text> </paragraph> <paragraph num="(iii)"> <text>How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the public-private partnership agreement.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Rationale for a public-private partnership delivery method relative to a conventional project delivery approach.</text> </paragraph> <paragraph num="(f)"> <text>Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(g)"> <text>Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Unsolicited Proposal Fee.</text> <paragraph num="(a)"> <text>Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program, shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(b)"> <text>Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(c)"> <text>The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees.</text> </paragraph> <paragraph num="(d)"> <text>Unsolicited proposal fees are non-refundable.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Screening Process."> <paragraph num="A."> <text>The purpose of screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.</text> </paragraph> <paragraph num="B."> <text>The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.</text> </paragraph> <paragraph num="C."> <text>The screening process shall be organized in two phases.</text> <paragraph num="(1)"> <text>High-Level Screening Phase.</text> <paragraph num="(a)"> <text>Factors to be considered during the high-level screening may include, but are not limited to:</text> <paragraph num="(i)"> <text>Ability to meet State transportation, socioeconomic development, workforce, and environmental goals;</text> </paragraph> <paragraph num="(ii)"> <text>Technical implementation considerations;</text> </paragraph> <paragraph num="(iii)"> <text>Potential need for coordination with other State agencies, including but not limited to the Maryland Transportation Authority;</text> </paragraph> <paragraph num="(iv)"> <text>Opportunities to accelerate asset delivery implementation;</text> </paragraph> <paragraph num="(v)"> <text>Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;</text> </paragraph> <paragraph num="(vi)"> <text>Opportunities to reduce reliance on public funds or finance, or both;</text> </paragraph> <paragraph num="(vii)"> <text>Public affordability considerations;</text> </paragraph> <paragraph num="(viii)"> <text>Potential for increased revenue generation and revenue sharing with the Department; and</text> </paragraph> <paragraph num="(ix)"> <text>Potential impact on the workforce, including existing State employees, if any.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For internally generated public-private partnership concepts, the high level screening shall be conducted based on the Public-Private Partnership Candidate Concept Application and supporting information provided by the internal sponsor.</text> </paragraph> <paragraph num="(c)"> <text>For unsolicited public-private partnership concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department.</text> </paragraph> <paragraph num="(d)"> <text>Based on the findings of the high level screening, the Steering Committee may recommend to the Secretary that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening.</text> </paragraph> <paragraph num="(e)"> <text>The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to the detailed-level screening phase.</text> </paragraph> <paragraph num="(f)"> <text>Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall:</text> <paragraph num="(i)"> <text>Notify the internal sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or</text> </paragraph> <paragraph num="(ii)"> <text>Request additional information from the internal sponsor or private entity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Detailed-Level Screening Phase.</text> <paragraph num="(a)"> <text>The detailed-level screening phase shall be more comprehensive than the high-level screening phase.</text> </paragraph> <paragraph num="(b)"> <text>In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:</text> <paragraph num="(i)"> <text>Scope, design concepts, and phasing schedules;</text> </paragraph> <paragraph num="(ii)"> <text>Compliance with federal and State environmental and transportation planning requirements;</text> </paragraph> <paragraph num="(iii)"> <text>Technical and financial feasibility analyses;</text> </paragraph> <paragraph num="(iv)"> <text>Evaluation of operations and maintenance requirements;</text> </paragraph> <paragraph num="(v)"> <text>Asset lifecycle costs and revenue estimates;</text> </paragraph> <paragraph num="(vi)"> <text>Risk assessment of key asset delivery elements;</text> </paragraph> <paragraph num="(vii)"> <text>In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and</text> </paragraph> <paragraph num="(viii)"> <text>Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Secretary, on a case-by-case basis.</text> </paragraph> <paragraph num="(d)"> <text>Based on the findings of the detailed-level screening, the Steering Committee shall make recommendations to the Secretary as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report.</text> </paragraph> <paragraph num="(e)"> <text>The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to submission of a pre-solicitation report.</text> </paragraph> <paragraph num="(f)"> <text>Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall:</text> <paragraph num="(i)"> <text>Notify the internal sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or</text> </paragraph> <paragraph num="(ii)"> <text>Request additional information from the internal sponsor or private entity.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Pre-solicitation."> <paragraph num="A."> <text>Pre-solicitation Report Development.</text> <paragraph num="(1)"> <text>The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.</text> </paragraph> <paragraph num="(2)"> <text>In consultation with the Steering Committee, the Secretary shall determine:</text> <paragraph num="(a)"> <text>The tasks required for the development of a pre-solicitation report; and</text> </paragraph> <paragraph num="(b)"> <text>The responsible parties within the Department.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to:</text> <paragraph num="(a)"> <text>Analyses and documentation, including some or all of the following categories:</text> <paragraph num="(i)"> <text>Scope, design concepts, and phasing schedules;</text> </paragraph> <paragraph num="(ii)"> <text>Compliance with federal and State environmental and transportation planning requirements;</text> </paragraph> <paragraph num="(iii)"> <text>Technical and financial feasibility analyses;</text> </paragraph> <paragraph num="(iv)"> <text>Evaluation of operations and maintenance requirements;</text> </paragraph> <paragraph num="(v)"> <text>Asset lifecycle costs and revenue estimates;</text> </paragraph> <paragraph num="(vi)"> <text>Risk assessment of key asset delivery elements;</text> </paragraph> <paragraph num="(vii)"> <text>In the event that a public-private partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and</text> </paragraph> <paragraph num="(viii)"> <text>Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Issuing public requests for information to obtain additional information that may help the Department confirm or refine key assumptions; and</text> </paragraph> <paragraph num="(c)"> <text>Organizing public industry forums to obtain additional information that may help the Department confirm or refine key assumptions.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In the event that the proposed public-private partnership delivery method may have a potential impact on existing State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Department may not issue a public notice of solicitation for a public-private partnership until:</text> <paragraph num="(1)"> <text>A pre-solicitation report concerning the proposed public-private partnership is submitted to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>The Department has sought and received:</text> <paragraph num="(a)"> <text>The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and</text> </paragraph> <paragraph num="(b)"> <text>The approval of the Board of Public Works of the method of solicitation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Solicitation Process."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Department or from an unsolicited proposal.</text> </paragraph> <paragraph num="(2)"> <text>For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Solicitations Relating to Concepts Described in Unsolicited Proposals.</text> <paragraph num="(1)"> <text>The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal.</text> </paragraph> <paragraph num="(4)"> <text>The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Multi-Step Solicitation Process.</text> <paragraph num="(1)"> <text>The Department may use a multi-step solicitation process that includes, but is not limited to, some or all of the following steps:</text> <paragraph num="(a)"> <text>Issuance of a request for qualifications;</text> </paragraph> <paragraph num="(b)"> <text>Preproposal conference;</text> </paragraph> <paragraph num="(c)"> <text>Issuance of a draft request for proposals;</text> </paragraph> <paragraph num="(d)"> <text>Industry review meetings; and</text> </paragraph> <paragraph num="(e)"> <text>Issuance of a final request for proposals.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The determination to utilize some or all of the solicitation steps shall be case-by-case.</text> </paragraph> <paragraph num="(3)"> <text>The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.</text> </paragraph> <paragraph num="(4)"> <text>Request for Qualifications.</text> <paragraph num="(a)"> <text>The purpose of a request for qualifications is to:</text> <paragraph num="(i)"> <text>Identify private entities that qualify as participants in the solicitation process; and</text> </paragraph> <paragraph num="(ii)"> <text>Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Based on the responses to the request for qualifications, the Department may:</text> <paragraph num="(i)"> <text>Identify one or more private entities as qualified; and</text> </paragraph> <paragraph num="(ii)"> <text>Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:</text> <paragraph num="(i)"> <text>Participate in industry review meetings;</text> </paragraph> <paragraph num="(ii)"> <text>Receive drafts of the request for proposals;</text> </paragraph> <paragraph num="(iii)"> <text>Submit comments on drafts of the request for proposals;</text> </paragraph> <paragraph num="(iv)"> <text>Receive the final request for proposals; and</text> </paragraph> <paragraph num="(v)"> <text>Submit a written proposal in response to the final request for proposals.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Preproposal Conference.</text> <paragraph num="(a)"> <text>The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes.</text> </paragraph> <paragraph num="(b)"> <text>A preproposal conference may be scheduled by the Department after the initial public notice of solicitation for a public-private partnership.</text> </paragraph> <paragraph num="(c)"> <text>Preproposal conferences are open to all interested private entities.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Draft Request for Proposals.</text> <paragraph num="(a)"> <text>As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities.</text> </paragraph> <paragraph num="(b)"> <text>Draft requests for proposals may include, but are not limited to:</text> <paragraph num="(i)"> <text>Instructions to private entities for responding to the request for proposals;</text> </paragraph> <paragraph num="(ii)"> <text>Technical provisions;</text> </paragraph> <paragraph num="(iii)"> <text>Scope of work; and</text> </paragraph> <paragraph num="(iv)"> <text>Public-private partnership agreement key terms and components.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process.</text> </paragraph> <paragraph num="(d)"> <text>The Department may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Industry Review Meetings.</text> <paragraph num="(a)"> <text>The Department may conduct industry review meetings as part of a multi-step solicitation process.</text> </paragraph> <paragraph num="(b)"> <text>The purpose of industry review meetings is to:</text> <paragraph num="(i)"> <text>Obtain comments and make revisions to the draft request for proposals;</text> </paragraph> <paragraph num="(ii)"> <text>Obtain the best value for the State;</text> </paragraph> <paragraph num="(iii)"> <text>Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept;</text> </paragraph> <paragraph num="(iv)"> <text>Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and</text> </paragraph> <paragraph num="(v)"> <text>Finalize the requirements for the request for proposals.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Agreement negotiations may not be conducted during industry review meetings.</text> </paragraph> <paragraph num="(d)"> <text>Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.</text> </paragraph> <paragraph num="(e)"> <text>Industry review meetings may be:</text> <paragraph num="(i)"> <text>Joint workshops with all shortlisted private entities invited to participate; or</text> </paragraph> <paragraph num="(ii)"> <text>One-on-one meetings between the Department and individual shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The Department may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Final Request for Proposals.</text> <paragraph num="(a)"> <text>In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.</text> </paragraph> <paragraph num="(b)"> <text>The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to:</text> <paragraph num="(i)"> <text>Preproposal conference;</text> </paragraph> <paragraph num="(ii)"> <text>Request for qualifications; and</text> </paragraph> <paragraph num="(iii)"> <text>Industry review meetings.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Department may issue a final request for proposals without previously:</text> <paragraph num="(i)"> <text>Issuing a request for qualifications;</text> </paragraph> <paragraph num="(ii)"> <text>Issuing a draft request for proposals; or</text> </paragraph> <paragraph num="(iii)"> <text>Conducting industry review meetings.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>Information Availability During Solicitation.</text> <paragraph num="(a)"> <text>The Department may make relevant technical and financial information available to private entities through an electronic data room.</text> </paragraph> <paragraph num="(b)"> <text>The Department may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections.</text> </paragraph> <paragraph num="(c)"> <text>Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established.</text> </paragraph> <paragraph num="(d)"> <text>Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established.</text> </paragraph> <paragraph num="(e)"> <text>Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Reimbursement.</text> <paragraph num="(1)"> <text>The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity shall be described in the public notice of solicitation associated with the specific public-private partnership.</text> </paragraph> <paragraph num="(3)"> <text>The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement.</text> </paragraph> <paragraph num="(4)"> <text>The Department shall only consider reimbursement for shortlisted private entities.</text> </paragraph> <paragraph num="(5)"> <text>Maximum Reimbursement Amount.</text> <paragraph num="(a)"> <text>The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership.</text> </paragraph> <paragraph num="(b)"> <text>The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reservation of Rights. The Department reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation, the right to:</text> <paragraph num="(1)"> <text>Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;</text> </paragraph> <paragraph num="(2)"> <text>Issue addenda, supplements, and modifications to a public notice of solicitation;</text> </paragraph> <paragraph num="(3)"> <text>Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;</text> </paragraph> <paragraph num="(5)"> <text>Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;</text> </paragraph> <paragraph num="(6)"> <text>Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law;</text> </paragraph> <paragraph num="(7)"> <text>Determine whether to pursue federal credit assistance on behalf of the private entities;</text> </paragraph> <paragraph num="(8)"> <text>Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland;.</text> </paragraph> <paragraph num="(9)"> <text>Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or</text> </paragraph> <paragraph num="(10)"> <text>Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Additional reservations of Department rights may be included in the solicitation documents for a public-private partnership.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Evaluation, Negotiation, and Award."> <paragraph num="A."> <text>The Department shall conduct evaluations of submitted responses to the following: requests for qualifications and submitted proposals using the information submitted by the private entity.</text> <paragraph num="(1)"> <text>Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular public-private partnership opportunity.</text> </paragraph> <paragraph num="(2)"> <text>The objective of this evaluation process is to select the private entity that provides the best value solution for the State.</text> </paragraph> <paragraph num="(3)"> <text>The Department’s evaluation criteria shall be clearly set forth in each request for solicitation.</text> </paragraph> <paragraph num="(4)"> <text>A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve.</text> </paragraph> <paragraph num="C."> <text>The Secretary shall establish one or more evaluation committees on a case-by-case basis that may:</text> <paragraph num="(1)"> <text>Be comprised of:</text> <paragraph num="(a)"> <text>Secretary’s Office employees;</text> </paragraph> <paragraph num="(b)"> <text>Modal Administration employees; and</text> </paragraph> <paragraph num="(c)"> <text>Other State employees;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Review statements of qualifications;</text> </paragraph> <paragraph num="(3)"> <text>Review proposals; and</text> </paragraph> <paragraph num="(4)"> <text>Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Best and Final Offers.</text> <paragraph num="(1)"> <text>After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary may request multiple iterations of best and final offers.</text> </paragraph> <paragraph num="(3)"> <text>A best and final offer process is not required.</text> </paragraph> </paragraph> <paragraph num="E."> <text>After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity.</text> </paragraph> <paragraph num="F."> <text>The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may:</text> <paragraph num="(1)"> <text>Be comprised of:</text> <paragraph num="(a)"> <text>Secretary’s Office employees;</text> </paragraph> <paragraph num="(b)"> <text>Modal Administration employees; and</text> </paragraph> <paragraph num="(c)"> <text>Other State employees;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Review the apparent best value private entity’s response to the request for proposals;</text> </paragraph> <paragraph num="(3)"> <text>Review the apparent best value private entity’s best and final offer, if any; and</text> </paragraph> <paragraph num="(4)"> <text>Receive assistance from outside experts and consultants during the evaluation process.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:</text> <paragraph num="(1)"> <text>Negotiations with the apparent best value private entity are unsuccessful; or</text> </paragraph> <paragraph num="(2)"> <text>The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the public-private partnership solicitation.</text> </paragraph> </paragraph> <paragraph num="H."> <text>After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval.</text> </paragraph> <paragraph num="I."> <text>After the Secretary provides written approval of the best value private entity, the Department shall:</text> <paragraph num="(1)"> <text>Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity;</text> </paragraph> <paragraph num="(2)"> <text>Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Final Agreement Review.</text> <paragraph num="(1)"> <text>The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:</text> <paragraph num="(a)"> <text>The financial plan, including annual cash flows, for any public-private partnership including:</text> <paragraph num="(i)"> <text>State contributions;</text> </paragraph> <paragraph num="(ii)"> <text>Federal loans or credit assistance;</text> </paragraph> <paragraph num="(iii)"> <text>Private investment;</text> </paragraph> <paragraph num="(iv)"> <text>Local contributions; and</text> </paragraph> <paragraph num="(v)"> <text>Other funding contributions;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The ongoing financial costs and increases associated with any operating and maintenance contracts;</text> </paragraph> <paragraph num="(c)"> <text>The impact any public private partnership agreement may have on the State’s debt affordability measures;</text> </paragraph> <paragraph num="(d)"> <text>The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase;</text> </paragraph> <paragraph num="(e)"> <text>An analysis of why the proposed agreement is more advantageous than a conventional project delivery;</text> </paragraph> <paragraph num="(f)"> <text>A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership;</text> </paragraph> <paragraph num="(g)"> <text>A summary of the performance measures included in the ongoing operation of the public private partnership;</text> </paragraph> <paragraph num="(h)"> <text>A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and</text> </paragraph> <paragraph num="(i)"> <text>A plan for how the long-term operating and maintenance contract will be overseen by the agency.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Delivery."> <text>Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)</annotation> </annotations> </chapter> <chapter num="18" heading="Tax Credits — Employer-Provided Commuter Benefits — Expansion and Administration"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to implement the requirements of Chapter 118, Acts of 2022, by establishing an application process for employers that provide commuter benefits to receive the tax credit described in Environment Article, §2-901, Annotated Code of Maryland, and in compliance with transportation congestion relief and air quality mitigation goals.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definition."> <text>In this chapter, “business entity” has the meaning stated in Environment Article, §2–901, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Application for Commuter Tax Credit."> <paragraph num="A."> <text>A business entity shall provide the Department with a completed online application.</text> </paragraph> <paragraph num="B."> <text>The Department shall approve all applications that qualify for a tax credit certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Who May Request."> <text>Any business entity may request a commuter tax credit on a tax return for the tax year in which a commuter benefit was paid.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Period of Validity."> <paragraph num="A."> <text>A claim for a refund may not be filed after 3 years from the date of the tax, and, if the commuter tax credit is more than the State tax liability, the unused credit may not be carried forward to any other year.</text> </paragraph> <paragraph num="B."> <text>For any fiscal year, the total amount of the tax credit certificates issued by the Department for the credit allowed may not exceed $1,000,000.</text> </paragraph> <paragraph num="C."> <text>For taxable years beginning after December 31, 2012, the income tax credit is available only on an electronically filed income tax return for the tax year in which the credit is being claimed</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Required Proofs."> <paragraph num="A."> <text>The Form 500CR section of the income tax return shall be completed.</text> </paragraph> <paragraph num="B."> <text>State and Local Income Taxes Withheld. Form MW508CR shall be submitted with Form MW508, the Maryland Annual Employer Withholding Reconciliation Report, in order to claim this credit against Maryland income tax withheld. If the tax-exempt entity is required to file the MW508 electronically, then the MW508CR shall be filed with an amended MW508A, as the MW508CR is not available electronically at this time.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 20, 2023 (50:5 Md. R. 181)</annotation> </annotations> </chapter> </subtitle> <subtitle num="02" heading="Transportation Service Human Resources System"> <chapter num="01" heading="Applicability and Definitions"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>These regulations apply to employees of the Transportation Service Human Resources System (Transportation Service) established under the authority of Transportation Article, §2-103.4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Exceptions.</text> <paragraph num="(1)"> <text>These regulations do not apply to Maryland Transit employees who are included under a collective bargaining agreement.</text> </paragraph> <paragraph num="(2)"> <text>AG employees are subject only to COMAR 11.02.03 and 11.02.13.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the:</text> <paragraph num="(a)"> <text>Maryland Aviation Administration;</text> </paragraph> <paragraph num="(b)"> <text>Motor Vehicle Administration;</text> </paragraph> <paragraph num="(c)"> <text>State Highway Administration;</text> </paragraph> <paragraph num="(d)"> <text>Maryland Transportation Authority;</text> </paragraph> <paragraph num="(e)"> <text>Maryland Port Administration;</text> </paragraph> <paragraph num="(f)"> <text>Maryland Transit Administration; and</text> </paragraph> <paragraph num="(g)"> <text>Secretary's Office.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Administrator” means the:</text> <paragraph num="(a)"> <text>Secretary of Transportation;</text> </paragraph> <paragraph num="(b)"> <text>Deputy Secretary of Transportation;</text> </paragraph> <paragraph num="(c)"> <text>Administrators of the:</text> <paragraph num="(i)"> <text>Maryland Transit Administration,</text> </paragraph> <paragraph num="(ii)"> <text>Motor Vehicle Administration, and</text> </paragraph> <paragraph num="(iii)"> <text>State Highway Administration;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Executive Director of the Maryland Aviation Administration;</text> </paragraph> <paragraph num="(e)"> <text>Executive Director of the Maryland Port Administration; and</text> </paragraph> <paragraph num="(f)"> <text>Executive Director of the Maryland Transportation Authority.</text> </paragraph> </paragraph> <paragraph num="(2-1)"> <text>“AG employee” means an employee who is compensated by the Department and who serves at the pleasure of and whose level of compensation is governed by the Attorney General.</text> </paragraph> <paragraph num="(3)"> <text>“Appointing authority” means the Secretary or the Secretary's designee.</text> </paragraph> <paragraph num="(4)"> <text>“Appointment” means the filling of a vacant position.</text> </paragraph> <paragraph num="(5)"> <text>Career Service Employee.</text> <paragraph num="(a)"> <text>“Career Service employee” means an employee of the Transportation Service who has been selected competitively and who, after completion of probation, may be dismissed only for cause.</text> </paragraph> <paragraph num="(b)"> <text>Notwithstanding the provisions of §B(16) of this regulation, “Career Service employees” includes secretarial staff who provide direct staff support to the offices of the administrators and who, immediately before the date of their conversion into Transportation Service, were:</text> <paragraph num="(i)"> <text>Classified service employees in the State Personnel Management System; or</text> </paragraph> <paragraph num="(ii)"> <text>Employees of the Maryland Transportation Authority, the Maryland Port Administration, or the Maryland Transit Administration, and who were removable only for cause.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Class” or “classification” means a grouping of one or more positions sufficiently similar with respect to duties, responsibilities, and qualifications so that the same descriptive title may be used to designate each position in that grouping.</text> </paragraph> <paragraph num="(7)"> <text>“Commission Plan employee” means an employee engaged in a marketing or sales activity, whose compensation method is based upon private sector practices for sales and marketing positions, and who serves at the pleasure of the appointing authority.</text> </paragraph> <paragraph num="(8)"> <text>“Contractual employee” means an employee whose conditions of employment and compensation are specified in a personal services contract.</text> </paragraph> <paragraph num="(9)"> <text>“Conversion” means the movement of individuals who are Department of Transportation employees into the Transportation Service, regardless of whether it is by simultaneous movement of employee and position, or by movement of an employee into a vacant position.</text> </paragraph> <paragraph num="(10)"> <text>“Day” means calendar day, unless otherwise defined in this subtitle.</text> </paragraph> <paragraph num="(11)"> <text>“Demotion” means a change from one class to another with a lower maximum rate of compensation which may result in the reduction of an employee's wages or salary.</text> </paragraph> <paragraph num="(12)"> <text>“Department” means the Maryland Department of Transportation, including the administrations.</text> </paragraph> <paragraph num="(13)"> <text>“Deputy Secretary” means the Deputy Secretary of Transportation.</text> </paragraph> <paragraph num="(14)"> <text>“Designee” means the representative of an appointing authority who has been delegated in writing certain powers of the appointing authority.</text> </paragraph> <paragraph num="(15)"> <text>“Emergency employee” means an employee who is hired for a period not to exceed 90 days and who does not receive leave or other fringe benefits.</text> </paragraph> <paragraph num="(16)"> <text>“Executive Service employee” means an employee of the Transportation Service who:</text> <paragraph num="(a)"> <text>Serves at the pleasure of the appointing authority; and</text> </paragraph> <paragraph num="(b)"> <text>Is compensated on either the executive or standard salary schedules of the Department, and either:</text> <paragraph num="(i)"> <text>Staffs a significant policy role,</text> </paragraph> <paragraph num="(ii)"> <text>Staffs a position that requires expert, unique, or specialized training or qualifications to which the Career Service selection procedures set forth in COMAR 11.02.02.02 do not apply or are not practical, or</text> </paragraph> <paragraph num="(iii)"> <text>Provides direct staff support to the offices of the administrators.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Fringe benefits” means any form of noncash compensation including, but not limited to, health insurance subsidies, retirement, or pension benefits.</text> </paragraph> <paragraph num="(18)"> <text>“Grievance” means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department of Transportation over the interpretation and application of Department regulations, rules, or policies over which management has control.</text> </paragraph> <paragraph num="(19)"> <text>“List of eligibles” means a list of applicants whose eligibility for employment in a specific classification has been certified as candidates by an MDOT Human Resources Office.</text> </paragraph> <paragraph num="(20)"> <text>“Party” means an employee having a grievance or other right of appeal under this subtitle or the employee's appointing authority or designee, or both.</text> </paragraph> <paragraph num="(21)"> <text>“Position” means a set of duties and responsibilities for a job funded under an approved budget and having an assigned position identification number (PIN).</text> </paragraph> <paragraph num="(22)"> <text>“Probation” means a trial work period at the beginning of an employee's tenure in a position during which an employee is evaluated.</text> </paragraph> <paragraph num="(23)"> <text>“Promotion” means a change from the current position into a vacant position in a different classification that has a higher maximum rate of compensation.</text> </paragraph> <paragraph num="(24)"> <text>“Reassignment” means the movement of a Transportation Service employee within an administration.</text> </paragraph> <paragraph num="(25)"> <text>“Reclassification” means the change of a position from one class to another class which more appropriately reflects the duties of the position and which may be at a higher, lower, or the same salary scale as the former position.</text> </paragraph> <paragraph num="(26)"> <text>“Reinstatement” means the reemployment of an individual who separated in good standing from the Department and the restoration of certain salary and leave benefits.</text> </paragraph> <paragraph num="(27)"> <text>“Secretary” means the Secretary of Transportation.</text> </paragraph> <paragraph num="(28)"> <text>“Temporary employee” means an employee who is hired for a limited period of time and who does not receive leave or other fringe benefits.</text> </paragraph> <paragraph num="(29)"> <text>“Transfer” means the movement of a Transportation Service employee between administrations.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102, 2-103.4, and 7-201; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 7, 1996 (23:20 Md. R. 1424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476); October 7, 1996 (23:20 Md. R. 1424); March 26, 2007 (34:6 Md. R. 627); October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="02" heading="Hiring, Appointment, Promotion, and Resignation"> <regulation prefix="Regulation" num=".01" heading="Employee Categories."> <paragraph num="A."> <text>The Transportation Service may employ the categories of employees set forth in §§B—G of this regulation.</text> </paragraph> <paragraph num="B."> <text>Career Service Employees. Career service is intended to facilitate a career commitment. Employees appointed as Career Service employees shall be hired from a competitive list of eligibles. Upon satisfactory completion of a required probation period, employees may only be terminated for cause.</text> </paragraph> <paragraph num="C."> <text>Executive Service Employees. Employees appointed as Executive Service employees shall be hired based on their experience or other relevant qualifications for the position. Executive Service employees serve at the pleasure of the appointing authority.</text> </paragraph> <paragraph num="D."> <text>Temporary Employees.</text> <paragraph num="(1)"> <text>Employees appointed as temporary employees shall:</text> <paragraph num="(a)"> <text>Be hired for a specific period not to exceed 12 months or the limits established under a special employment program, such as a student intern program; and</text> </paragraph> <paragraph num="(b)"> <text>Meet the minimum qualifications for the classification for which they are appointed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Temporary employees serve at the pleasure of the appointing authority, and are compensated only by cash compensation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Commission Plan Employees. Commission Plan employees are appointed to positions comparable to those in private industry and serve at the pleasure of the appointing authority. The compensation method shall be based upon accepted private sector practices to include a base salary plus commissions earned by achieving goals that relate directly to additional sales volume or enhanced net revenue.</text> </paragraph> <paragraph num="F."> <text>Contractual Employees. Employees appointed as contractual employees shall be hired on a personal services contract based on their qualifications. Conditions of their employment and compensation shall be specified in the contract. Total compensation includes cash, leave, and benefits, exclusive of pension or retirement benefits, and shall be the same for same classifications. However, the combination of cash, leave, and benefits may be varied according to the needs of the contract.</text> </paragraph> <paragraph num="G."> <text>Emergency Employees. Employees shall be appointed on an emergency basis only for a period not to exceed 90 days and compensated only by cash compensation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Career Service Examinations and Selections."> <paragraph num="A."> <text>Except as provided under §O of this regulation, Career Service positions shall be filled competitively.</text> </paragraph> <paragraph num="B."> <text>Examination methods shall be job related, and may only assess the applicant's job-related skills, knowledge, abilities, education, and experience. Examinations may be specific to a particular position, a class, or a classification series.</text> </paragraph> <paragraph num="C."> <text>A written selection plan shall be established which sets forth the steps in the recruitment, examination, and selection process, their relative value in the total process, and the sequence of the steps.</text> </paragraph> <paragraph num="D."> <text>Lists of eligibles shall be established which group job candidates into categories. The categories shall range from the qualified to the best qualified.</text> </paragraph> <paragraph num="E."> <text>Geographic Area Limitation. Applicants shall select those geographic areas for which they wish to be considered.</text> </paragraph> <paragraph num="F."> <text>An appointing authority shall select a candidate from the highest rating category of a list of eligibles, except as specified in §H of this regulation or if the highest rating category contains an insufficient number of candidates. Selection may be further limited to those applicants who have elected to work in the areas in which the positions' functions are performed.</text> </paragraph> <paragraph num="G."> <text>An appointing authority may select a job candidate for a vacant Career Service position from a listing of qualified candidates supplied by the Human Resources Office. If an appointing authority or the appointing authority's designee cannot make an adequate selection from among those candidates, the appointing authority shall document the reasons and may request the Human Resources Office to provide additional job candidates from the list of eligibles.</text> </paragraph> <paragraph num="H."> <text>Job Specific Selections. An appointing authority who is filling a vacant Career Service position that requires specific job skills not found among job candidates on the existing list of eligibles shall document the reasons for not filling the position from the existing list of eligibles, and may request the Human Resources Office to establish a list of job candidates who possess the specific job skills required.</text> </paragraph> <paragraph num="I."> <text>Before selection, candidates on the list of eligibles may be required to demonstrate other job-related qualifications for the specific job to be filled.</text> </paragraph> <paragraph num="J."> <text>Removal from Lists of Eligibles.</text> <paragraph num="(1)"> <text>A candidate shall be removed from a list of eligibles:</text> <paragraph num="(a)"> <text>For deceptive or fraudulent conduct or other misconduct in the employment process;</text> </paragraph> <paragraph num="(b)"> <text>For failing to respond to two notices for interviews; or</text> </paragraph> <paragraph num="(c)"> <text>If the candidate is selected for a position from the list of eligibles.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A candidate shall be removed from a list of eligibles for a geographic area the candidate selected in accordance with §E of this regulation if the candidate declines because of location to consider a job opportunity in that geographic area.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Promotional Selections. An appointing authority may limit the selection of a candidate to fill a vacant Career Service position to a list of State, Department of Transportation, or administration employees.</text> </paragraph> <paragraph num="L."> <text>Employees in positions in the Department immediately before their conversion into the Transportation Service may be converted into the Career Service without competitive examination or selection.</text> </paragraph> <paragraph num="M."> <text>A contractual employee who was awarded a contract following a competitive examination and selection process as specified in §§B and C of this regulation may be placed in a Career Service vacancy which is the same or substantially the same without being subject to further competition.</text> </paragraph> <paragraph num="N."> <text>In the design of its selection plan for a vacant Career Service position, an appointing authority may use an eligible list certified for a unique classification under the authority of State Personnel and Pensions Article, §4-302, Annotated Code of Maryland, if the eligible list was certified before the date of the administration's incorporation into the Transportation Service. Notwithstanding any regulation to the contrary, the eligible list shall remain in full force and effect until the date of its expiration, and the relative standing of eligibles may not be affected except when a clerical error or fraudulent act has tainted an examination score.</text> </paragraph> <paragraph num="O."> <text>Career Service positions may be exempt from competitive examinations and use of eligible lists if the positions are entry level, trainee level, or occupations that require minimal experience:</text> <paragraph num="(1)"> <text>That have been determined by the Director, Office of Human Resources at the Secretary's office; and</text> </paragraph> <paragraph num="(2)"> <text>For which the Director, Office of Human Resources at the Secretary's office has determined that competitive examinations are either impractical or cannot validly evaluate candidates' abilities and knowledge.</text> </paragraph> </paragraph> <paragraph num="P."> <text>For any position exempted from the use of competitive examinations and lists of eligibles by §O of this regulation, the position is to be filled in accordance with a selection plan setting forth how candidates shall be recruited and screened for interviews and the relative value of factors to be considered in the selection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Career Service Promotion."> <paragraph num="A."> <text>The Transportation Service shall provide notice to current employees of promotional job recruiting opportunities through the posting of job vacancy notices and test schedules on bulletin boards and through other appropriate recruiting methods.</text> </paragraph> <paragraph num="B."> <text>Transportation Service promotional practices shall be in accordance with applicable federal and State equal opportunity laws and regulations.</text> </paragraph> <paragraph num="C."> <text>An appointing authority may limit the selection of employees for promotion to Transportation Service vacancies to current Department of Transportation employees as provided for in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="D."> <text>Commission Plan, Executive Service, contractual, and temporary employees with at least 6 months service are entitled to promotional status for purposes of examination and selection.</text> </paragraph> <paragraph num="E."> <text>Career Service employees with at least 6 months service are entitled to promotional status for purposes of examination and selection.</text> </paragraph> <paragraph num="F."> <text>Other Department employees who have 6 months of service in a position and, if applicable, have completed an original probation period, are entitled to promotional status for purposes of examination and selection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Resignation."> <paragraph num="A."> <text>Notice. An employee may resign a position by providing at least 2 weeks notice, or a lesser time period if acceptable, to the appointing authority. Failure to provide an acceptable notice period may be grounds for issuing a notice of disqualification for future employment.</text> </paragraph> <paragraph num="B."> <text>Automatic Resignation. An employee who does not report to work or provide notice to the supervisor of the reason for an absence from work for 5 consecutive workdays is considered to have resigned effective as of the last day of work. Automatic resignation may be considered grounds for issuing a notice of disqualification for future employment.</text> </paragraph> <paragraph num="C."> <text>An Executive Service or Commission Plan employee who resigns may be granted severance pay at the discretion of the Secretary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Probation."> <paragraph num="A."> <text>Career Service employees initially hired into the Transportation Service shall serve a 6-month probation period, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation period, or may shorten the probation period.</text> </paragraph> <paragraph num="B."> <text>A Career Service employee who is promoted is required to serve a probation period in the new classification not to exceed 6 months, unless another period is specified before recruitment for the position. A supervisor may, with the concurrence of the appointing authority or the appointing authority's designee, extend the promotional probation period for an additional period not to exceed the length of the original promotional probation period, or may shorten the probation period.</text> </paragraph> <paragraph num="C."> <text>An employee reinstated into a classification other than the employee's former classification may be required to serve a 6-month probation, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation, or may shorten the probation period.</text> </paragraph> <paragraph num="D."> <text>Current Department employees who convert into the Transportation Service and who have satisfactorily completed a probation period are not required to serve an additional probation period as a result of the conversion.</text> </paragraph> <paragraph num="E."> <text>Current Department employees who are on probation and who convert into the Transportation Service shall serve probation under its original terms.</text> </paragraph> <paragraph num="F."> <text>An employee who, in the judgment of the supervisor, is not satisfactorily performing the job duties may be rejected from a Career Service position with the Transportation Service with the concurrence of the appointing authority.</text> </paragraph> <paragraph num="G."> <text>An employee rejected on probation shall be provided at least 2 weeks notice unless, in the judgment of the appointing authority, the employee's continued presence on the job would be contrary to the best interests of the Department.</text> </paragraph> <paragraph num="H."> <text>Written Notice. The appointing authority shall provide the employee, in writing, with the reason or reasons for the rejection on probation, the effective date of the rejection on probation, and the appropriate appeal routes, including the time frame for appeal to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="I."> <text>An employee rejected on promotional probation shall be returned to the employee's previous position if vacant. If the previous position is not vacant, the appointing authority, at the appointing authority's discretion, may place the employee in any vacancy in the previous classification.</text> </paragraph> <paragraph num="J."> <text>Appeal of Rejection on Probation.</text> <paragraph num="(1)"> <text>An employee may appeal a rejection on probation in writing to the Office of Administrative Hearings, with a copy to the appointing authority, within 5 work days of receipt of the written notice of rejection. Work days do not include Saturdays, Sundays, and observed holidays. The Secretary of Budget and Management or a designated representative shall allow either party 15 days from the date of the Office of Administrative Hearings' proposed decision to file exceptions to the proposed decision.</text> </paragraph> <paragraph num="(2)"> <text>A police officer serving an initial probationary period as a police officer, or a rejected employee serving a probation period as set forth in §A or C of this regulation, shall be afforded an opportunity for a hearing which is limited to the legal and constitutional basis for the rejection.</text> </paragraph> <paragraph num="(3)"> <text>A rejected employee serving a promotional probation period as set forth in §B of this regulation shall be offered a hearing on the merits of the rejection.</text> </paragraph> <paragraph num="(4)"> <text>The burden of proof in an appeal of rejection on probation is as set forth in COMAR 11.02.08.10J.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Police officers initially hired into the Transportation Service may be required by the appointing authority to serve a 2-year probationary period, and may be promoted during the probationary period at the discretion of the appointing authority.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Service Credits."> <paragraph num="A."> <text>An employee of the Department who converts into the Transportation Service shall retain credit for years of service credited by the Department to the employee at the time of conversion.</text> </paragraph> <paragraph num="B."> <text>State employees who are hired into the Transportation Service shall receive credit for years of State service.</text> </paragraph> <paragraph num="C."> <text>Contractual and temporary employees who are hired into a Transportation Service position shall receive service and leave earning rate credit for the period of their uninterrupted contractual, temporary, or contractual and temporary service which took place immediately before their appointment to a Transportation Service position.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Voluntary Demotion."> <text>An employee may request a voluntary demotion without prejudice, which may be granted at the discretion of the appointing authority or the appointing authority's designee.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Background Investigation."> <paragraph num="A."> <text>The appointing authority or the appointing authority's designee shall make a determination regarding the necessity of investigating the background of n eligible individual for purposes of verification of suitability for employment. When appropriate and job-related, areas of investigation may include, but are not limited to, employment history, academic credentials, military records, criminal conviction records, and personal references.</text> </paragraph> <paragraph num="B."> <text>In conducting the background investigation, the appointing authority or the appointing authority's designee shall:</text> <paragraph num="(1)"> <text>Provide written notification to the eligible individual that:</text> <paragraph num="(a)"> <text>A background investigation may be conducted; and</text> </paragraph> <paragraph num="(b)"> <text>Consequences for fraudulent or irregular information may include, but are not limited to, nonselection, removal from the list of eligibles, termination of employment in situations where employment has begun, and criminal prosecution; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Obtain a release of information form signed by the eligible individual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The appointing authority or the appointing authority's designee may investigate the qualifications and background of an individual who has been offered or appointed to a position. If the appointing authority or the appointing authority's designee discovers that the individual provided fraudulent or irregular information in taking an examination or in any part of the appointment process, the appointing authority may take any of the following actions before the individual begins work:</text> <paragraph num="(1)"> <text>Remove the individual from the eligibility list;</text> </paragraph> <paragraph num="(2)"> <text>Withdraw the offer; or</text> </paragraph> <paragraph num="(3)"> <text>Withdraw the appointment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Denial of Promotional Opportunity While on Sick or Maternity Leave."> <paragraph num="A."> <text>Applicability. This regulation applies to all Transportation Service employees except contractual employees.</text> </paragraph> <paragraph num="B."> <text>An employee may not be denied the opportunity to seek, qualify for, or receive any promotion solely because the employee is on leave for maternity reasons or on leave due to illness or injury, if the employee is expected to return to work 60 days after receiving a request to call for an interview for the position.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)</annotation> </annotations> </chapter> <chapter num="03" heading="Leave Benefits"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Allotted leave” means a benefit which the Department is either required to provide, for example, personal leave, or which the Department has the option of providing, for example, advanced sick leave.</text> </paragraph> <paragraph num="(1-1)"> <text>“Disaster service leave” means leave with pay that may be allotted to an employee to serve during a disaster.</text> </paragraph> <paragraph num="(1-2)"> <text>“Donated leave” means leave donated under the Employee-to-Employee Leave Donation Program specified in Regulation .15 of this chapter by one employee to another employee for a serious and prolonged medical condition.</text> </paragraph> <paragraph num="(2)"> <text>“Earned leave” means a benefit which an employee obtains by performing work, for example, annual leave.</text> </paragraph> <paragraph num="(3)"> <text>“Employee” means a member of the Career Service, Commission Plan, or Executive Service.</text> </paragraph> <paragraph num="(4)"> <text>“Full-time employee” means an employee whose standard workweek is at least 40 hours during a 7-day period between Wednesday and Tuesday.</text> </paragraph> <paragraph num="(5)"> <text>“Leave” means an approved absence from work, with a minimum use rate of 0.1 hour.</text> </paragraph> <paragraph num="(5-1)"> <text>“Leave bank leave” means leave granted to an employee who is a member of the State Employees' Leave Bank, as specified in Regulation .15 of this chapter, for a serious and prolonged medical condition.</text> </paragraph> <paragraph num="(6)"> <text>“Leave with pay” means leave during which an employee receives compensation.</text> </paragraph> <paragraph num="(7)"> <text>“Leave without pay” means leave during which an employee does not receive cash compensation.</text> </paragraph> <paragraph num="(8)"> <text>“Overtime” means time spent performing work in excess of 40 hours during a 7-day period between Wednesday and Tuesday or in excess of a tour of duty designated by the appointing authority or the appointing authority's designee for law enforcement or fire protection personnel.</text> </paragraph> <paragraph num="(9)"> <text>“Part-time employee” means an employee whose standard work hours are less than 40 hours per workweek, and whose fringe benefits are prorated to the extent applicable by law.</text> </paragraph> <paragraph num="(10)"> <text>“Workday” means the number of hours specified by an appointing authority or the appointing authority's designee in an employee work schedule.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Leave Approval."> <paragraph num="A."> <text>The appointing authority or the appointing authority's designee shall establish written procedures for requesting leave, approval of leave, and notification of absence, and shall ensure that each employee is given notice of the procedures.</text> </paragraph> <paragraph num="B."> <text>Emergency Use of Sick Leave. In medical emergencies, accumulated sick leave may be used without prior approval. The employee's supervisor shall be notified of the emergency as soon as possible.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Annual Leave."> <paragraph num="A."> <text>Annual leave is a form of earned leave with pay.</text> </paragraph> <paragraph num="B."> <text>Eligibility.</text> <paragraph num="(1)"> <text>An employee is eligible to earn annual leave as set forth in §C of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Use of Annual Leave.</text> <paragraph num="(a)"> <text>With appropriate approval, an employee with at least 6 months of service may use accumulated annual leave for any purpose.</text> </paragraph> <paragraph num="(b)"> <text>Employees with less than 6 months of service may not use annual leave.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Rates of Earning. Employees shall earn annual leave at the following rates:</text> <paragraph num="(1)"> <text>Upon employment and through the completion of the 5th year of service, an employee shall earn annual leave at the rate of 1.0 hour of leave for each 26 hours worked, and may not earn more than 10 days of annual leave per calendar year;</text> </paragraph> <paragraph num="(2)"> <text>From the beginning of the 6th year of service through the completion of the 10th year, an employee shall earn annual leave at the rate of 1.5 hours of leave for each 26 hours worked, and may not earn more than 15 days of annual leave per calendar year;</text> </paragraph> <paragraph num="(3)"> <text>From the beginning of the 11th year of service through the completion of the 20th year, an employee shall earn annual leave at the rate of 2 hours of leave for each 26 hours worked, and may not earn more than 20 days of annual leave per calendar year;</text> </paragraph> <paragraph num="(4)"> <text>With the exception of §C(5) of this regulation, beginning with the 21st year of service and continuing after that, an employee shall earn 2.5 hours of annual leave for each 26 hours worked, and may not earn more than 25 days of annual leave per calendar year.</text> </paragraph> <paragraph num="(5)"> <text>A Department employee who, as of the date of conversion into the Transportation Service, is earning annual leave at a rate greater than that set forth in §C(1)—(4) of this regulation, shall continue to earn annual leave at the former rate or a higher rate if eligible until separation from employment with the Department;</text> </paragraph> <paragraph num="(6)"> <text>For annual leave earning rate purposes, a former Department employee's entrance on duty date shall be adjusted upon reinstatement to allow for the same earning power date that was in effect at the time of separation.</text> </paragraph> <paragraph num="(7)"> <text>Periods of paid leave, except for extended sick leave and advanced sick leave shall be included in hours worked for the purpose of calculating annual leave earnings.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Limitations Applying to the Calculation of Annual Leave Earnings.</text> <paragraph num="(1)"> <text>Overtime hours worked may not be used to compute annual leave earnings for full-time employees.</text> </paragraph> <paragraph num="(2)"> <text>Hours worked beyond the maximum allowed by the percentage of employment for a part-time employee's position may not be used to compute annual leave earnings.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Accumulation of Forwarding of Annual Leave Earnings. A maximum of 75 days or 600 hours of annual leave may be carried into a new calendar year.</text> </paragraph> <paragraph num="F."> <text>Transferring Annual Leave.</text> <paragraph num="(1)"> <text>An employee of another State department or agency who is hired into the Transportation Service without a break in service may transfer a maximum of 70 days of accumulated annual leave.</text> </paragraph> <paragraph num="(2)"> <text>An employee who separates from the Department and is hired without a break in service by another State department or agency shall transfer any accumulated annual leave up to the maximum allowed by that State department or agency.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Payment Upon Separation.</text> <paragraph num="(1)"> <text>An employee of the Department with at least 6 months of continuous service who separates from State employment shall be paid for unused, accumulated annual leave based on the remaining number of unused annual leave days that were accrued at the end of the previous calendar year, not exceeding 50 days or 400 hours of the total, plus the remaining number of unused annual leave days that were accrued during the calendar year in which the employee's State employment terminates.</text> </paragraph> <paragraph num="(2)"> <text>The amount paid shall equal the last permanent hourly rate multiplied by the number of annual leave hours available at the time of separation after calculating the amount under §G(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="H."> <text>A previous State employee, who is hired into the Transportation Service within 5 years from the date of separation from State service, shall be entitled to restoration of leave earning rates based on years of former service.</text> </paragraph> <paragraph num="I."> <text>Forfeiture. Accumulated and unused annual leave in excess of the amounts specified in §§D(2) and E of this regulation shall be forfeited.</text> </paragraph> <paragraph num="J."> <text>The Secretary may, under extraordinary circumstances, compensate employees who lose annual leave.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Personal Leave."> <paragraph num="A."> <text>Personal leave is a form of allotted leave with pay.</text> </paragraph> <paragraph num="B."> <text>Allotment.</text> <paragraph num="(1)"> <text>A full-time employee shall be allotted 7 days of personal leave per calendar year.</text> </paragraph> <paragraph num="(2)"> <text>A full-time employee hired after June 30 of a calendar year shall be allotted 3 personal leave days for that calendar year.</text> </paragraph> <paragraph num="(3)"> <text>A full-time employee hired after November 30 of a calendar year shall be allotted 1 personal leave day for that calendar year.</text> </paragraph> <paragraph num="(4)"> <text>For each calendar year that is a leap year, a full-time employee shall be allotted 8 days of personal leave.</text> </paragraph> <paragraph num="(5)"> <text>A part-time employee shall be allotted a percentage of personal leave equal to the percentage that the employee's part-time position is funded.</text> </paragraph> <paragraph num="(6)"> <text>An employee may not be allotted personal leave while the employee is on extended sick leave.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Use of Personal Leave.</text> <paragraph num="(1)"> <text>With appropriate approval, an employee may use personal leave for any purpose.</text> </paragraph> <paragraph num="(2)"> <text>Each administration shall establish written procedures for the approval of personal leave. The Secretary shall approve the written procedures.</text> </paragraph> <paragraph num="(3)"> <text>Approval may be denied only if the denial is necessary as a result of a critical shortage of staff.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Accumulation.</text> <paragraph num="(1)"> <text>Personal leave may not be accumulated.</text> </paragraph> <paragraph num="(2)"> <text>Unused personal leave shall be forfeited at the end of each calendar year, or upon termination of employment with the State.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Transfer of Personal Leave.</text> <paragraph num="(1)"> <text>An employee who is hired without a break in service by another State department or agency may transfer unused personal leave up to the limits allowed by that department or agency. Unused personal leave in excess of the amount authorized to be transferred shall be forfeited.</text> </paragraph> <paragraph num="(2)"> <text>An employee who is hired by the Department from another State department or agency without a break in service may not transfer any unused personal leave, but shall be allotted personal leave based on the date of hire.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reinstatement.</text> <paragraph num="(1)"> <text>An employee who is reinstated into the Transportation Service before June 30 of the same calendar year in which the employee left shall be credited with the employee's unused personal leave.</text> </paragraph> <paragraph num="(2)"> <text>An employee who is reinstated into the Transportation Service after June 30 of the same calendar year in which the employee left shall be credited with a maximum of 3 days of the employee's unused personal leave.</text> </paragraph> <paragraph num="(3)"> <text>An employee who is reinstated into the Transportation Service after November 30 of the same calendar year in which the employee left shall be credited with a maximum of 1 day of the employee's unused personal leave.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Payment for Unused Personal Leave.</text> <paragraph num="(1)"> <text>An employee who has perfect attendance for a full calendar year shall be paid for all unused personal leave up to a maximum of 3 days, based on the amount of personal leave that was not used in the calendar year.</text> </paragraph> <paragraph num="(2)"> <text>For an employee to have perfect attendance, the employee may not have:</text> <paragraph num="(a)"> <text>Used earned or allotted sick leave, except for a death in the family;</text> </paragraph> <paragraph num="(b)"> <text>Used work injury leave;</text> </paragraph> <paragraph num="(c)"> <text>Been placed on disciplinary suspension or disciplinary loss of leave;</text> </paragraph> <paragraph num="(d)"> <text>Been on leave without pay; or</text> </paragraph> <paragraph num="(e)"> <text>Used annual or compensatory leave which was not requested and approved before the end of the employee's previous shift, unless the:</text> <paragraph num="(i)"> <text>Leave was taken under officially declared liberal leave, or</text> </paragraph> <paragraph num="(ii)"> <text>Employee reported to work and the leave was approved by the supervisor.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>The appointing authority or the appointing authority's designee may grant payment under this section to an employee whose lack of perfect attendance is solely and directly attributed to a disability as defined in the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101—12213.</text> </paragraph> <paragraph num="(4)"> <text>Payment under this section is subject to the budgetary constraints of the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Holiday Leave."> <paragraph num="A."> <text>Holiday leave is a form of allotted leave with pay.</text> </paragraph> <paragraph num="B."> <text>Observed Holidays. The holidays observed by the Department are:</text> <paragraph num="(1)"> <text>New Year's Day — January 1;</text> </paragraph> <paragraph num="(2)"> <text>Dr. Martin Luther King, Jr.'s Birthday — January 15, unless the United States Congress designates another day;</text> </paragraph> <paragraph num="(3)"> <text>Presidents' Day — third Monday in February;</text> </paragraph> <paragraph num="(4)"> <text>Memorial Day — May 30, unless the United States Congress designates another day;</text> </paragraph> <paragraph num="(5)"> <text>Juneteenth National Independence Day — June 19, unless the United States Congress designates another day;</text> </paragraph> <paragraph num="(6)"> <text>Independence Day — July 4;</text> </paragraph> <paragraph num="(7)"> <text>Labor Day — first Monday in September;</text> </paragraph> <paragraph num="(8)"> <text>Columbus Day — October 12, unless the United States Congress designates another day;</text> </paragraph> <paragraph num="(9)"> <text>Veterans' Day — November 11;</text> </paragraph> <paragraph num="(10)"> <text>Thanksgiving Day — fourth Thursday in November;</text> </paragraph> <paragraph num="(11)"> <text>Christmas Day — December 25.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In addition to the holidays identified in §B of this regulation, employees are authorized to use holiday leave for all days of general and congressional elections, but not primary elections, throughout the State, and each other day that the President of the United States or the Governor designates for the general cessation of business.</text> </paragraph> <paragraph num="D."> <text>Part-time employees are allotted holiday leave computed on the basis of the funded percentage of their part-time positions.</text> </paragraph> <paragraph num="E."> <text>Conditions Affecting the Allotment and Use of Holiday Leave.</text> <paragraph num="(1)"> <text>Holidays Falling on a Weekend. If a holiday falls on a Saturday, the Friday immediately preceding is considered and treated as a holiday. If a holiday falls on a Sunday, the following Monday is considered and treated as a holiday.</text> </paragraph> <paragraph num="(2)"> <text>Requirements for Essential Services. In units providing 7-day-a-week service, holidays shall be scheduled by the appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="(3)"> <text>Working on Holidays. An employee who is required to work on a scheduled holiday, as set forth in §B of this regulation, shall be compensated either by cash overtime or compensatory leave, depending upon the employee's eligibility as determined by the Secretary or the Secretary's designee in accordance with standards established by the Fair Labor Standards Act.</text> </paragraph> <paragraph num="(4)"> <text>Employees on Advanced and Extended Sick Leave.</text> <paragraph num="(a)"> <text>Employees on advanced sick leave shall be allotted holiday leave.</text> </paragraph> <paragraph num="(b)"> <text>Employees on extended sick leave shall not be allotted holiday leave.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Work Status. To be entitled to holiday leave, an employee shall be in a paid status on either the scheduled workday before or the scheduled workday after the holiday is observed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Compensatory Leave."> <paragraph num="A."> <text>Compensatory leave is a form of earned leave with pay.</text> </paragraph> <paragraph num="B."> <text>Eligibility and Use of Compensatory Leave.</text> <paragraph num="(1)"> <text>Employees designated by the Secretary or the Secretary's designee may earn compensatory leave which, with appropriate approval, may be used for any purpose.</text> </paragraph> <paragraph num="(2)"> <text>Employees in the standard pay plan who are exempt under the Fair Labor Standards Act shall earn compensatory leave for any time worked in excess of the normal workday if the employee worked at least 1/2 hour in excess of the normal workday, including the first 1/2 hour.</text> </paragraph> <paragraph num="(3)"> <text>At the discretion of the Secretary, employees eligible for cash overtime, and who have been designated by the Secretary or the Secretary's designee as eligible to elect to earn compensatory time, may choose to earn and use compensatory time in accordance with written criteria established by the Secretary and consistent with the Fair Labor Standards Act.</text> </paragraph> <paragraph num="(4)"> <text>Employees who are included in the Department's executive salary plan at ES levels up through and including ES grade 5, or compensated at an equivalent flat rate, shall earn compensatory leave for any time worked in excess of the first hour beyond their normal workday, including the first hour.</text> </paragraph> <paragraph num="(5)"> <text>Employees who are included in the Department's executive salary plan at the ES-6 level and above, or compensated at an equivalent flat rate, shall earn 1 compensatory leave day for working 5 or more hours on an observed holiday, and may not earn other compensatory leave.</text> </paragraph> <paragraph num="(6)"> <text>The use of compensatory leave by AG employees shall be in accordance with policies set by the Attorney General.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Transferring Compensatory Leave. An employee who transfers from one administration to another within the Department may transfer any accumulated compensatory leave earnings.</text> </paragraph> <paragraph num="D."> <text>Subject to Regulation .14 of this chapter, upon separation from the Department, an employee shall be paid for up to 25 percent of unused compensatory leave, and payment for unused compensatory leave may not exceed 5 days.</text> </paragraph> <paragraph num="E."> <text>Compensatory leave not used is forfeited 1 year from the date earned.</text> </paragraph> <paragraph num="F."> <text>An employee converting into the Transportation Service may transfer all accumulated compensatory leave. Transferred compensatory leave not used is forfeited 1 year from the original date earned.</text> </paragraph> <paragraph num="G."> <text>The Secretary may, under extraordinary circumstances, compensate employees who lose compensatory leave. The Secretary shall establish written criteria and procedures for the payment of unused compensatory leave.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Sick Leave."> <paragraph num="A."> <text>Types of Sick Leave.</text> <paragraph num="(1)"> <text>Definition. “Occurrence” means each period of sick leave, regardless of duration, used for the reasons set forth in §B(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Sick leave is a form of earned leave with sick pay.</text> </paragraph> <paragraph num="(3)"> <text>Advanced and extended sick leave are forms of allotted leave with sick pay.</text> </paragraph> <paragraph num="(4)"> <text>Payment for sick leave, advanced sick leave, or extended sick leave taken for the employee's personal illness, injury, or medical disability constitutes a separate benefit on account of sickness, and is not a continuation of salary.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Eligibility.</text> <paragraph num="(1)"> <text>Rate of Earning and Accumulation.</text> <paragraph num="(a)"> <text>Upon employment, an employee shall earn 1.5 hours of sick leave for each 26 hours worked, and may accumulate up to 15 days of sick leave per calendar year.</text> </paragraph> <paragraph num="(b)"> <text>Periods of paid leave, except for extended sick leave, advanced sick leave, donated leave, and leave bank leave, are to be included in hours worked for the purpose of calculating sick leave earnings.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Use. With appropriate notification, an employee may use accumulated sick leave for:</text> <paragraph num="(a)"> <text>Injury, illness, or other medical disability;</text> </paragraph> <paragraph num="(b)"> <text>A medical or dental appointment for the employee or immediate family member, that is, an employee's spouse, child, parent or a parent of an employee's spouse, others who took the place of parents, brothers and sisters of an employee or an employee's spouse, and other relatives living as members of the employee's household;</text> </paragraph> <paragraph num="(c)"> <text>Medical care and treatment of an employee's immediate family; or</text> </paragraph> <paragraph num="(d)"> <text>Any other use authorized by this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Care of Newborn or Adoptive Child.</text> <paragraph num="(a)"> <text>An employee may use one occurrence of earned sick leave without the necessity for medical certification to care for the employee's newborn child or to care for a child placed with the employee for purposes of adoption.</text> </paragraph> <paragraph num="(b)"> <text>The sick leave taken:</text> <paragraph num="(i)"> <text>Shall be consecutive workdays;</text> </paragraph> <paragraph num="(ii)"> <text>May be used only within 1 year from the date of the birth or placement for purposes of adoption of a child; and</text> </paragraph> <paragraph num="(iii)"> <text>May not exceed 20 workdays.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Additional time needed to care for a child requiring more than the 20 days of care allowed by §B(3)(b)(iii) of this regulation may be requested under other leave provisions.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Limitation Applying to the Calculation of Sick Leave Earnings. Hours worked in excess of hours regularly scheduled in a normal workweek may not be applied in computing sick leave earnings.</text> </paragraph> <paragraph num="D."> <text>There is no limitation on the amount of unused sick leave which an employee may carry forward from one calendar year to another.</text> </paragraph> <paragraph num="E."> <text>Transferring Sick Leave. A Department employee converting into the Transportation Service, or an employee in State service who is hired into the Transportation Service from another State department or agency, shall transfer any advanced sick leave obligations, and may transfer any unused sick leave.</text> </paragraph> <paragraph num="F."> <text>Restoration of Sick Leave.</text> <paragraph num="(1)"> <text>Upon reinstatement within 2 years, a former Department employee is entitled to restoration of unused sick leave.</text> </paragraph> <paragraph num="(2)"> <text>A previous State employee who is hired into the Transportation Service within 2 years from the date of separation from State service is entitled to restoration of unused sick leave.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Sick Leave Certificates.</text> <paragraph num="(1)"> <text>Definition. In this section, “sick leave certificate” means a written certification from individuals specified in §G(6) of this regulation which verifies any illness of an employee or illness of a member of the employee's immediate family which necessitates the employee's absence from work for a specified period of time.</text> </paragraph> <paragraph num="(2)"> <text>5-Day Sick Leave Certificates.</text> <paragraph num="(a)"> <text>An employee shall submit an original 5-day sick leave certificate signed as specified in §G(6) of this regulation for any illness requiring an absence from work for 5 or more consecutive workdays. The certificate shall specify the period covered by the illness and the prognosis regarding the employee's ability to return to work.</text> </paragraph> <paragraph num="(b)"> <text>An employee shall submit an original 5-day sick leave certificate verifying the necessity for an absence of 5 or more consecutive workdays from work when the absence is required in connection with the care and treatment of an employee's immediate family member.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>1-Occurrence Sick Leave Certificates.</text> <paragraph num="(a)"> <text>If an employee has been absent from work for 6 or more undocumented occurrences within a 12-month period for causes requiring the use of earned sick leave, the appointing authority or the appointing authority's designee may require an employee to submit a 1-occurrence sick leave certificate to verify any subsequent use of earned sick leave for 1 or more occurrences.</text> </paragraph> <paragraph num="(b)"> <text>The requirement to submit a 1-occurrence sick leave certificate applies for a period of at least 6 months.</text> </paragraph> <paragraph num="(c)"> <text>An employee shall be provided with a written notice stating the starting and ending dates for the period during which 1-occurrence sick leave certificates are required.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Other Sick Leave Certificate Submission Requirements. When an illness of 1 day or more occurs during a period of previously approved annual, personal, or compensatory leave, the use of sick leave to cover the period of illness may be authorized, if the employee presents a sick leave certificate.</text> </paragraph> <paragraph num="(5)"> <text>Limitations on Requiring 1-Occurrence Sick Leave Certificates. Use of sick leave in connection with a medical appointment for an employee, a death in an employee's family, a birth of an employee's child, or an adoption may not be included as a sick leave occurrence for the purpose of establishing a 1-occurrence sick leave certificate requirement.</text> </paragraph> <paragraph num="(6)"> <text>Sick Leave Certificate Authentication. Original sick leave certificates shall be signed or certified by one of the following or their designee:</text> <paragraph num="(a)"> <text>Licensed physician;</text> </paragraph> <paragraph num="(b)"> <text>Accredited Christian Science practitioner;</text> </paragraph> <paragraph num="(c)"> <text>Physical therapist;</text> </paragraph> <paragraph num="(d)"> <text>Clinical psychologist;</text> </paragraph> <paragraph num="(e)"> <text>Dentist;</text> </paragraph> <paragraph num="(f)"> <text>Oral surgeon;</text> </paragraph> <paragraph num="(g)"> <text>Chiropractor;</text> </paragraph> <paragraph num="(h)"> <text>Podiatrist;</text> </paragraph> <paragraph num="(i)"> <text>Certified nurse practitioner;</text> </paragraph> <paragraph num="(j)"> <text>Certified nurse midwife;</text> </paragraph> <paragraph num="(k)"> <text>Licensed clinical social worker; or</text> </paragraph> <paragraph num="(l)"> <text>Optometrist.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Advanced Sick Leave.</text> <paragraph num="(1)"> <text>Advanced sick leave is a form of allotted leave with pay, and shall be repaid.</text> </paragraph> <paragraph num="(2)"> <text>Eligibility.</text> <paragraph num="(a)"> <text>An employee with a minimum of 1 year of continuous State service at the time of the request who has exhausted all accumulated annual, personal, sick, and compensatory leave available may request an allotment and use of up to 60 working days of advanced sick leave within a 24-month period for a serious health condition, as defined in COMAR 11.02.13.02B(14).</text> </paragraph> <paragraph num="(b)"> <text>The initial 24-month period begins with the first allotment of advanced sick leave while employed in the Transportation Service.</text> </paragraph> <paragraph num="(c)"> <text>An employee's total advanced sick leave debt may not exceed 60 days at any one time.</text> </paragraph> <paragraph num="(d)"> <text>A minimum of 10 working days of advanced sick leave shall be granted to an employee.</text> </paragraph> <paragraph num="(e)"> <text>An employee who will be unable to return to work at any time is no longer eligible for advanced sick leave.</text> </paragraph> <paragraph num="(f)"> <text>An employee who has been advanced the maximum 60 days of advanced sick leave may not be allotted more until the 60 days has been repaid.</text> </paragraph> <paragraph num="(g)"> <text>An employee may not be allotted an amount of advanced sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An employee on advanced sick leave may not earn annual leave.</text> </paragraph> <paragraph num="(4)"> <text>Before applying for advanced sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.</text> </paragraph> <paragraph num="(5)"> <text>Advanced sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.</text> </paragraph> <paragraph num="(6)"> <text>Personal Leave.</text> <paragraph num="(a)"> <text>Personal leave shall be allotted to an employee on advanced sick leave, but may not be used by the employee.</text> </paragraph> <paragraph num="(b)"> <text>Personal leave allotted during an employee's advanced sick leave shall be deducted from the employee's advanced sick leave debt.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Approval of a request for an allotment and use of advanced sick leave is at the discretion of the Secretary or the Secretary's designee. The Secretary or Secretary's designee may request the Department Medical Advisor to determine the medical necessity and duration of the advanced sick leave.</text> </paragraph> <paragraph num="(8)"> <text>The Department Medical Advisor may require the employee to submit to a medical examination. Requests for advanced sick leave may not be granted if the employee refuses to submit to a medical examination.</text> </paragraph> <paragraph num="(9)"> <text>Repayment.</text> <paragraph num="(a)"> <text>Employee acceptance of an allotment of advanced sick leave constitutes an agreement to repay the Department for compensation received while using this leave, which remains binding even if the employee terminates employment with the Department.</text> </paragraph> <paragraph num="(b)"> <text>Reimbursement to the Department shall be made at the minimum rate of 1/2 of the rate of sick leave and annual leave earned. In addition, the employee may apply credited annual leave, personal leave, sick leave, compensatory leave, or cash to the amount owed.</text> </paragraph> <paragraph num="(c)"> <text>Leave earned or allotted during periods of advanced sick leave is to be deducted from the advanced sick leave debt of the employee.</text> </paragraph> <paragraph num="(d)"> <text>Repayed advanced sick leave is not credited to the 60-day maximum entitlement.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Waiver of Repayment. Repayment is not required:</text> <paragraph num="(a)"> <text>From an employee's estate; or</text> </paragraph> <paragraph num="(b)"> <text>On separation from the Department for any part of an advanced sick leave debt that was incurred under the State Personal Management System before June 5, 1995.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Extended Sick Leave.</text> <paragraph num="(1)"> <text>Extended sick leave is a form of allotted leave with pay.</text> </paragraph> <paragraph num="(2)"> <text>Specific Illness.</text> <paragraph num="(a)"> <text>At the discretion of the appointing authority or the appointing authority's designee, an employee with at least 5 years of service may be granted extended sick leave for a period of up to 90 days to bridge the time necessary to process an application for retirement necessitated by a medical disability.</text> </paragraph> <paragraph num="(b)"> <text>The employee shall provide medical documentation that the previous earned sick leave used was for the illness or related conditions necessitating the request for extended sick leave.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In order to be eligible for extended sick leave, an employee shall exhaust all other leave, except advanced sick leave.</text> </paragraph> <paragraph num="(4)"> <text>The employee shall file a written request to the appointing authority or the appointing authority's designee on a form prescribed by the Secretary.</text> </paragraph> <paragraph num="(5)"> <text>All medical information shall be sent directly to the Department Medical Advisor by the employee's physician.</text> </paragraph> <paragraph num="(6)"> <text>If requested by the appointing authority or the appointing authority's designee, the Department Medical Advisor shall determine the medical necessity and the duration of the extended sick leave, not to exceed the limits set forth in §I(2) of this regulation. In making this determination, the Department Medical Advisor may require the employee to submit to a medical examination.</text> </paragraph> <paragraph num="(7)"> <text>Requests for extended sick leave may not be granted if the employee refuses to submit to a medical examination.</text> </paragraph> <paragraph num="(8)"> <text>An employee on extended sick leave may not earn annual leave.</text> </paragraph> <paragraph num="(9)"> <text>An employee on extended sick leave may not be allotted personal leave.</text> </paragraph> <paragraph num="(10)"> <text>Before applying for extended sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank, and any leave received under these programs shall be deducted from the 90-day maximum allowance of extended sick leave.</text> </paragraph> <paragraph num="(11)"> <text>Extended sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.</text> </paragraph> <paragraph num="(12)"> <text>An employee may not be allotted an amount of extended sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.</text> </paragraph> <paragraph num="(13)"> <text>An employee applying for extended sick leave under this section may not return to work and shall present evidence of application for retirement.</text> </paragraph> <paragraph num="(14)"> <text>Review of Requests for Extended Sick Leave.</text> <paragraph num="(a)"> <text>The appointing authority or the appointing authority's designee, or a board established by the Secretary, shall review all requests for extended sick leave.</text> </paragraph> <paragraph num="(b)"> <text>Requests may be denied for medical reasons only upon the recommendation of the Department Medical Advisor.</text> </paragraph> <paragraph num="(c)"> <text>Requests may also be denied for job performance-related reasons as documented by the appointing authority or the appointing authority's designee.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Bereavement Leave."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Bereavement leave” means a form of allotted leave with pay that can only be used for the death of an employee’s family member.</text> </paragraph> <paragraph num="(2)"> <text>“Immediate family” means the following individuals related to the employee or an employee’s spouse:</text> <paragraph num="(a)"> <text>Children, foster children, or stepchildren;</text> </paragraph> <paragraph num="(b)"> <text>Parents, stepparents, foster parents, others who took the place of parents, or legal guardians;</text> </paragraph> <paragraph num="(c)"> <text>Brothers or sisters;</text> </paragraph> <paragraph num="(d)"> <text>Grandparents or grandchildren; and</text> </paragraph> <paragraph num="(e)"> <text>Other relatives living as members of the employee's household.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Child” means an adopted, biological, or foster child, a stepchild, or a legal ward, who is at least 6 months old and younger than 27 years old.</text> </paragraph> <paragraph num="(4)"> <text>Infant means an adopted, biological, or foster child, a stepchild, or legal ward, who is younger than 6 months old.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Eligibility.</text> <paragraph num="(1)"> <text>Death in an Employee's Immediate Family. A maximum of 5 days may be charged to sick leave in the event of a death in the immediate family of an employee or an employee's spouse.</text> </paragraph> <paragraph num="(2)"> <text>Bereavement Leave. An employee may elect to receive up to 3 days of bereavement leave with pay and 2 days sick leave on the death of the following family members:</text> <paragraph num="(a)"> <text>Spouse of the employee;</text> </paragraph> <paragraph num="(b)"> <text>Children, including foster children and stepchildren of the employee or employee’s spouse;</text> </paragraph> <paragraph num="(c)"> <text>Parents, stepparents, or foster parents of the employee;</text> </paragraph> <paragraph num="(d)"> <text>Brothers and sisters of the employee; and</text> </paragraph> <paragraph num="(e)"> <text>Grandparents and grandchildren of the employee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An employee may receive up to 10 days of bereavement leave with pay within 60 days after the death of the employee’s child.</text> </paragraph> <paragraph num="(4)"> <text>An employee may receive up to 60 days of bereavement leave with pay within 60 days after:</text> <paragraph num="(a)"> <text>The employee experiences a stillbirth, or;</text> </paragraph> <paragraph num="(b)"> <text>The death of the employee’s infant.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>An employee may use parental bereavement leave only after notifying the employee’s appointing authority of the employee’s intention to use parental bereavement leave. An employee’s appointing authority may not require an employee entitled to parental bereavement leave to use any other paid leave available to the employee.</text> </paragraph> <paragraph num="(6)"> <text>Death of Employee's Other Relatives. A maximum of 1 day may be charged to sick leave in the event of the death of one of the following relatives:</text> <paragraph num="(a)"> <text>Aunts and uncles of an employee or spouse;</text> </paragraph> <paragraph num="(b)"> <text>Nephews and nieces of an employee or spouse;</text> </paragraph> <paragraph num="(c)"> <text>Brothers-in-law and sisters-in-law of an employee or spouse; and</text> </paragraph> <paragraph num="(d)"> <text>Sons-in-law and daughters-in-law.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>If the sick leave required in connection with a death in a family is in excess of the limits specified, an employee may, with appropriate approval, use accumulated annual, personal, or compensatory leave.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Work Injury Leave."> <paragraph num="A."> <text>Definition.</text> <paragraph num="(1)"> <text>In this regulation, “injury” means an accidental personal injury occurring during the performance of an employee's actual job duties.</text> </paragraph> <paragraph num="(2)"> <text>“Injury” does not include occupational diseases.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Work injury leave with sick pay is leave that is allotted to an employee who, in the actual performance of the employee's job duties, sustains an injury which is determined to be compensable according to the Maryland Workers' Compensation Law, Labor and Employment Article, §§9-1019-1201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The injured employee or someone on the employee's behalf shall provide notice of the injury to the employee's appointing authority or the appointing authority's designee immediately after the injury occurs.</text> </paragraph> <paragraph num="D."> <text>Work injury leave with sick pay may be allotted only if the following conditions are met:</text> <paragraph num="(1)"> <text>The injury occurred in the actual performance of the employee's job duties;</text> </paragraph> <paragraph num="(2)"> <text>The injury is determined to be compensable under the Maryland Workers' Compensation Law, Labor and Employment Article, § 9-1019-1201, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>A physician verifies the employee's injury and inability to work; and</text> </paragraph> <paragraph num="(4)"> <text>The Department Medical Advisor verifies the medical necessity and specifies the duration of the employee's absence from work.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Allotment. Starting with the first full workday, work injury leave with sick pay may be provisionally allotted pending a determination of compensability by the Workers' Compensation Commission or, in the absence of a Workers' Compensation Commission order, by the Injured Workers' Insurance Fund.</text> </paragraph> <paragraph num="F."> <text>The injured employee's appointing authority or the appointing authority's designee shall file an Employer's First Report of Injury with the Injured Workers' Insurance Fund, the Workers' Compensation Commission, and the Division of Labor and Industry immediately after receipt of the notice of the injury as set forth in §C of this regulation.</text> </paragraph> <paragraph num="G."> <text>If the Workers' Compensation Commission determines the injury to be noncompensable or, in the absence of a determination by the Workers' Compensation Commission, the Injured Workers' Insurance Fund determines the injury to be noncompensable, then work injury leave with sick pay provisionally allotted shall be rescinded and the employee's accumulated leave balance shall be adjusted to cover that period of time.</text> </paragraph> <paragraph num="H."> <text>Rate of Payment.</text> <paragraph num="(1)"> <text>Work injury leave with sick pay is paid at the rate of 66 2/3 percent of the employee's gross pay starting with the first full workday.</text> </paragraph> <paragraph num="(2)"> <text>For work injuries occurring on or before June 30, 1994, that are compensable under this regulation, work injury leave with sick pay is paid at the rate of 70 percent of the employee's gross pay.</text> </paragraph> <paragraph num="(3)"> <text>The rates set forth in §H(1) and (2) of this regulation may be adjusted to conform to any Internal Revenue Service rulings or judicial decisions.</text> </paragraph> <paragraph num="(4)"> <text>Payment for work injury leave constitutes a separate benefit on account of an accidental personal injury occurring during the performance of an employee's actual job duties and is not a continuation of salary.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The Department's Medical Advisor is responsible for evaluating the employee's medical claim and making an initial determination as to approval within 10 workdays of the employee's injury. In making this evaluation, the Department Medical Advisor may require the employee to submit to a medical examination. The Department Medical Advisor shall file a report stating the findings and conclusions with the appointing authority or the appointing authority's designee and the Injured Workers' Insurance Fund.</text> </paragraph> <paragraph num="J."> <text>Requests for work injury leave may not be granted if the employee refuses to submit to a medical examination.</text> </paragraph> <paragraph num="K."> <text>The Injured Workers' Insurance Fund shall determine whether the claim is compensable under Maryland Workers' Compensation Law within 30 calendar days after the Injured Workers' Insurance Fund receives the employer's report of injury.</text> </paragraph> <paragraph num="L."> <text>Acceptance of work injury leave constitutes an agreement to repay the Department for all work injury leave allotted if the injury is determined to be noncompensable as specified in §G of this regulation. This agreement remains in force upon separation from the Department.</text> </paragraph> <paragraph num="M."> <text>Acceptance of work injury leave constitutes an agreement by the employee that the Department, after notice to the injured employee, has the exclusive right of subrogation to the rights of the injured employee against any third person who may have caused the compensable injury to the extent of the compensation paid or owed to the injured employee under this regulation.</text> </paragraph> <paragraph num="N."> <text>Exhaustion of Work Injury Leave.</text> <paragraph num="(1)"> <text>After work injury leave has been exhausted and an employee is receiving temporary total benefits, the employee may apply for a leave of absence—illness, as specified in Regulation .12D of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>During a period of leave of absence—illness granted under this section, the Department shall pay the employee's portion as well as the State's subsidy for health care coverage for the first 60 workdays and the State's subsidy only for up to a total of 2 years, including the original 60 workdays.</text> </paragraph> <paragraph num="(3)"> <text>An employee on leave of absence—illness shall provide continuing medical documentation to the Department.</text> </paragraph> <paragraph num="(4)"> <text>The Department may request a review of the employee's medical condition by the Medical Advisor.</text> </paragraph> <paragraph num="(5)"> <text>An employee may not be eligible for health care coverage as provided in §N(1) of this regulation if the employee refuses to submit to a medical examination requested by the Medical Advisor.</text> </paragraph> </paragraph> <paragraph num="O."> <text>An injured employee may be entitled to temporary total benefits for loss of wages according to the Workers' Compensation Law only after all available work injury leave has been used.</text> </paragraph> <paragraph num="P."> <text>Medical and hospital expenses may be paid on behalf of an injured employee who is on work injury leave or leave with pay, according to the Workers' Compensation Law.</text> </paragraph> <paragraph num="Q."> <text>Work injury leave may be used for continuing treatment for the injury for which the leave was granted, and may be used only for time taken within an employee's scheduled shift, including reasonable travel time.</text> </paragraph> <paragraph num="R."> <text>Work injury leave terminates on a date specified by the Department's Medical Advisor. Work injury leave may not extend beyond 1 year from the date of injury.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Administrative Leave."> <paragraph num="A."> <text>Administrative leave is a form of allotted leave with pay.</text> </paragraph> <paragraph num="B."> <text>Allotment.</text> <paragraph num="(1)"> <text>Administrative leave may be allotted according to §B(2)—(5) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Emergency Releases. Employees may be released from work without charge to earned leave when emergency conditions exist, as specified in COMAR 01.01.1981.10, which is incorporated by reference.</text> </paragraph> <paragraph num="(3)"> <text>State Job Examination/Interview. Employees may be granted up to 4 hours of administrative leave with pay to take a State or Department job examination, or to go to a State or Department job interview. In cases requiring travel to and from outlying areas, exceptions to the 4-hour limit may be granted.</text> </paragraph> <paragraph num="(4)"> <text>Question Concerning Fitness for Duty. An employee, with approval of supervisory personnel designated by the appointing authority or the appointing authority's designee, may be relieved of assigned duties, placed on leave status, and allotted administrative leave during:</text> <paragraph num="(a)"> <text>An investigation of an incident involving work-related conduct; or</text> </paragraph> <paragraph num="(b)"> <text>The period required to make a determination as to the employee's medical fitness for continued duty.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Activities of Employee Organizations.</text> <paragraph num="(a)"> <text>An employee who is an authorized member, officer, or delegate to a State employees' organization may be granted administrative leave to attend official organization events.</text> </paragraph> <paragraph num="(b)"> <text>The use of administrative leave in connection with the activities of employees' organizations shall be assessed and, when considered appropriate, approved by the appointing authority or the appointing authority's designee.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Other Forms of Leave with Pay."> <paragraph num="A."> <text>When an employee has obtained appropriate supervisory approval and provided such documentation as may be required, leave with pay shall be authorized for the situations set forth in §§B—D of this regulation.</text> </paragraph> <paragraph num="B."> <text>Obligated Military Service. An employee who is a member of the organized Militia or the Army, Navy, Air Force, Coast Guard, or Marine Reserves, is entitled annually to not more than 30 days of leave for military training.</text> </paragraph> <paragraph num="C."> <text>Adjudicatory Proceedings. When an employee has been subpoenaed or summoned to appear in court in connection with a civil or criminal case, to appear in an administrative proceeding before an administrative body, called for jury duty, or for a deposition, and is not a party to the action being heard or a paid witness, the employee is entitled to leave with pay.</text> </paragraph> <paragraph num="D."> <text>Parental Leave. An employee who is the primary caregiver responsible for the care and nurturing of the employee’s child may, upon request, be granted up to 60 days of paid parental leave within 6 months following the birth of a child or adoption of a child younger than 6 years old. The employee shall exhaust all annual and personal leave before the employee may request parental leave to attain a total of 60 days of paid leave after the birth or adoption of a child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Time Off for Religious Observances."> <paragraph num="A."> <text>An employee may use the following types of leave for religious observances:</text> <paragraph num="(1)"> <text>Annual leave in accordance with Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Personal leave in accordance with Regulation .04 of this chapter; or</text> </paragraph> <paragraph num="(3)"> <text>Compensatory leave in accordance with Regulation .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an employee is scheduled to work on a holiday or is employed by an administration which renders a service that is provided continuously on a 7-day-a-week basis, the employee's appointing authority or the appointing authority's designee shall make reasonable accommodation to the employee's request to use leave for religious observances if accommodation can be made without serious interference with the efficiency of the administration. If reasonable accommodation cannot be made, the appointing authority or the appointing authority's designee may deny the leave request.</text> </paragraph> <paragraph num="C."> <text>Earned Religious Observance Time.</text> <paragraph num="(1)"> <text>The provisions of this section do not apply in an organizational unit which renders a service that is provided continuously on a 7-day-a-week basis.</text> </paragraph> <paragraph num="(2)"> <text>An employee may submit to the employee's appointing authority a request to work extra time to compensate for time off for religious observances. If modifications in work schedules do not interfere with the efficient operation of the administration, the appointing authority shall give an employee, who elects to work extra time for time lost to meet religious requirements, the opportunity to work extra time. This extra time worked shall be granted as compensatory time off and may not be applied toward overtime pay.</text> </paragraph> <paragraph num="(3)"> <text>An employee who is exempt from receiving overtime cash payments shall be granted equal hour-for-hour time off for religious observance.</text> </paragraph> <paragraph num="(4)"> <text>An employee who is entitled to receive overtime payments shall be granted equal hour-for-hour time off for religious observance up to a maximum of 40 hours in any workweek. Time worked in excess of 40 hours in any workweek shall be granted at the rate of time and one-half for religious observance.</text> </paragraph> <paragraph num="(5)"> <text>The appointing authority may adopt written policies, subject to the approval of the Secretary, which provide for exceptions to this section in the interest of the efficient operation of the agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Leave of Absence."> <paragraph num="A."> <text>A leave of absence is an authorized period of nonemployment with the Department during which the employee may be reinstated and be eligible for certain leave and salary considerations in accordance with COMAR 11.02.05.</text> </paragraph> <paragraph num="B."> <text>Eligibility. Employees who have satisfactorily completed an original probationary period, or employees who do not serve a probation but have completed 6 months of service with the Department, may be allotted a leave of absence when approved by an appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="C."> <text>Limitations on the Length of Leaves of Absence. Except as provided in §F of this regulation, an employee may apply for a leave of absence without pay for a period of up to 2 years.</text> </paragraph> <paragraph num="D."> <text>Leave of Absence—Illness.</text> <paragraph num="(1)"> <text>The appointing authority or the appointing authority's designee may approve a medically substantiated request for a leave of absence for temporary incapacitation due to physical or mental illness.</text> </paragraph> <paragraph num="(2)"> <text>The employee shall submit with the request for a leave of absence—illness, a verification of the illness or injury signed or certified by one of the health care providers specified in Regulation .07G(6) of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>The employee's request may be referred to the Department's Medical Advisor for review and input.</text> </paragraph> <paragraph num="(4)"> <text>Continuation of Health Care Coverage.</text> <paragraph num="(a)"> <text>For the first 60 workdays of the leave of absence, an employee may request the Department to continue the employee's health care coverage.</text> </paragraph> <paragraph num="(b)"> <text>The Department shall pay the employee's portion as well as the State's subsidy.</text> </paragraph> <paragraph num="(c)"> <text>Acceptance of this continuation of health care coverage constitutes an agreement by the employee to repay the Department for the cost incurred.</text> </paragraph> <paragraph num="(d)"> <text>This agreement remains binding even if the employee terminates employment with the Department.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Within the first 6 months of the leave of absence for illness, an individual shall be reinstated in the agency and in the classification the individual held at the time the leave of absence was granted.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Leave of Absence—Personal. A personal leave of absence may be approved for any reason acceptable to an appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="F."> <text>Leave of Absence—Military.</text> <paragraph num="(1)"> <text>An appointing authority or the appointing authority's designee shall approve a request for a leave of absence for military service.</text> </paragraph> <paragraph num="(2)"> <text>The duration of a military leave of absence is for the period of time an employee is on an original tour of duty, or on active duty.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Leave of Absence—Education.</text> <paragraph num="(1)"> <text>An employee who has been accepted as a full-time student at an accredited educational institution may apply for an education leave of absence.</text> </paragraph> <paragraph num="(2)"> <text>The appointing authority or the appointing authority's designee may deny the request for an education leave of absence if it is not in the best interest of the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Law Enforcement and Fire Protection Employees."> <text>The Secretary may establish procedures for conversion of leave earning rates and leave accumulation for law enforcement and fire protection employees.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Calculation and Payment of Overtime."> <text>The Secretary shall establish procedures governing the calculation and payment of overtime consistent with the Fair Labor Standards Act.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Leave Donation Program and Leave Bank."> <text>In accordance with State Personnel and Pensions Article, §§9-601—9-607, Annotated Code of Maryland, and COMAR 17.04.11.22 and 23, employees may participate in the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Maryland Transit Administration Employee Leave Protections."> <text>Notwithstanding these regulations, employees who are protected under the provisions of Transportation Article, §7-605, Annotated Code of Maryland, shall be allowed to continue earning leave benefits in a manner consistent with that statute.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Family Medical Leave."> <text>Regulations implementing the federal Family and Medical Leave Act of 1993 are contained in COMAR 11.02.13.</text> </regulation> <regulation prefix="Regulation" num=".19" heading="Organ Donation Leave."> <paragraph num="A."> <text>This regulation applies to all employees, including contractual, emergency, and temporary employees.</text> </paragraph> <paragraph num="B."> <text>Amount of Leave. In any 12-month period, an employee may use up to:</text> <paragraph num="(1)"> <text>7 days of organ donation leave to serve as a bone marrow donor; and</text> </paragraph> <paragraph num="(2)"> <text>30 days of organ donation leave to serve as an organ donor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Application for Leave.</text> <paragraph num="(1)"> <text>An employee or the employee's authorized representative may request organ donation leave by submitting a form, provided by the Secretary, to the employee's appointing authority.</text> </paragraph> <paragraph num="(2)"> <text>A request shall be accompanied by the medical documentation required by the form.</text> </paragraph> <paragraph num="(3)"> <text>The employee's appointing authority shall render a decision on requests for organ donation leave within 5 working days of receiving the request.</text> </paragraph> <paragraph num="(4)"> <text>If an employee must make the donation before receiving approval, the leave shall be provided retroactively upon approval.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Criteria for Reviewing Requests for Leave.</text> <paragraph num="(1)"> <text>An employee shall be denied the use of organ donation leave only if the employee fails to provide medical documentation establishing the employee as an organ or bone marrow donor.</text> </paragraph> <paragraph num="(2)"> <text>If there is a question about medical documentation, the documentation shall be immediately forwarded to the State Medical Director for review.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Use of Leave.</text> <paragraph num="(1)"> <text>Organ donation leave may only be used for the actual donation procedure, the preparation for the donation procedure, and recovery from the donation procedure.</text> </paragraph> <paragraph num="(2)"> <text>Leave may be used in increments of 1 hour or more.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Treatment of Medical Documentation.</text> <paragraph num="(1)"> <text>Medical documentation submitted with the request for organ donation leave shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process.</text> </paragraph> <paragraph num="(2)"> <text>An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Disaster Service Leave."> <paragraph num="A."> <text>Eligibility.</text> <paragraph num="(1)"> <text>On request, an employee may be entitled to disaster service leave with pay if:</text> <paragraph num="(a)"> <text>The employee is certified by the American Red Cross as a disaster service volunteer: and</text> </paragraph> <paragraph num="(b)"> <text>The American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The employee is a member of:</text> <paragraph num="(a)"> <text>The Civil Air Patrol;</text> </paragraph> <paragraph num="(b)"> <text>The United States Coast Guard Auxiliary;</text> </paragraph> <paragraph num="(c)"> <text>Maryland Voluntary Organizations Active in Disaster;</text> </paragraph> <paragraph num="(d)"> <text>A volunteer emergency medical services department;</text> </paragraph> <paragraph num="(e)"> <text>A volunteer fire department;</text> </paragraph> <paragraph num="(f)"> <text>A volunteer rescuer company of volunteer rescue squad; or</text> </paragraph> <paragraph num="(g)"> <text>A Community Emergency Response team.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>General.</text> <paragraph num="(1)"> <text>An employee may use up to 30 days of disaster service leave in any 12-month period only after obtaining approval from the employee’s appointing authority or the appointing authority’s designee.</text> </paragraph> <paragraph num="(2)"> <text>An employee will continue to earn credit for service while using disaster service leave.</text> </paragraph> <paragraph num="(3)"> <text>An employee using disaster leave will be paid at the employee's regular rate of pay. Acting pay is not included.</text> </paragraph> <paragraph num="(4)"> <text>An employee will continue to earn annual and sick leave while on disaster service leave.</text> </paragraph> <paragraph num="(5)"> <text>Health insurance benefits are continued while using disaster service leave.</text> </paragraph> <paragraph num="(6)"> <text>For purposes of Worker’s Compensation, including work injury leave, and the Maryland Tort Claims Act, while an employee is using disaster service leave, the employee is not considered a State employee.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)</annotation> <annotation type="History" subtype="Administrative History">Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)</annotation> </annotations> </chapter> <chapter num="04" heading="Equal Employment Opportunity"> <regulation prefix="Regulation" num=".01" heading="Program."> <text>The Department shall have comprehensive equal employment opportunity and affirmative action programs covering all administrations regarding human resources regulations, policies, management practices, and operating procedures. This chapter applies to all applicants and employees, including contractual, emergency, and temporary employees.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Nondiscrimination."> <paragraph num="A."> <text>Departmental actions taken to carry out these regulations, as well as related policies and management practices, shall be nondiscriminatory.</text> </paragraph> <paragraph num="B."> <text>Personnel transactions shall be carried out in a nondiscriminatory manner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Complaints."> <paragraph num="A."> <text>A complaint of discrimination shall be filed with the administration's equal employment opportunity officer or the Office of Diversity and Equity in The Secretary's Office.</text> </paragraph> <paragraph num="B."> <text>A complaint of discrimination shall be filed within 30 days from the time the complainant first knew of or reasonably should have known of the alleged discriminatory action or practice.</text> </paragraph> <paragraph num="C."> <text>A complaint of discrimination shall allege a distinction in treatment in recruitment, interview, selection, placement, training, compensation, tuition aid, promotion, reclassification, transfer, discipline, termination, or any other of the terms, conditions, and privileges of employment. These complaints of discrimination shall allege discrimination based upon any of the following factors:</text> <paragraph num="(1)"> <text>Age;</text> </paragraph> <paragraph num="(2)"> <text>Ancestry;</text> </paragraph> <paragraph num="(3)"> <text>Color;</text> </paragraph> <paragraph num="(4)"> <text>Creed;</text> </paragraph> <paragraph num="(5)"> <text>Gender identity and expression;</text> </paragraph> <paragraph num="(6)"> <text>Genetic information;</text> </paragraph> <paragraph num="(7)"> <text>Marital status;</text> </paragraph> <paragraph num="(8)"> <text>Mental or physical disability;</text> </paragraph> <paragraph num="(9)"> <text>National origin;</text> </paragraph> <paragraph num="(10)"> <text>Race;</text> </paragraph> <paragraph num="(11)"> <text>Religious affiliation, belief, or opinion;</text> </paragraph> <paragraph num="(12)"> <text>Sex;</text> </paragraph> <paragraph num="(13)"> <text>Sexual orientation; or</text> </paragraph> <paragraph num="(14)"> <text>Other reasons prohibited by law.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Discrimination Complaint. A complaint shall contain the following:</text> <paragraph num="(1)"> <text>The full name, address, and telephone number of the complainant;</text> </paragraph> <paragraph num="(2)"> <text>The full name and address of the administration, person, or administration and person against whom the complaint is made;</text> </paragraph> <paragraph num="(3)"> <text>A clear and concise signed and dated written statement of the facts constituting the alleged discriminatory action or practice, including when the alleged discriminatory action or practice took place and identifying the alleged violation of the discriminatory factors under §C of this regulation; and</text> </paragraph> <paragraph num="(4)"> <text>The remedy the complainant is seeking.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Responsibilities of the Equal Employment Officer.</text> <paragraph num="(1)"> <text>Upon receipt of an inquiry or a written complaint, the administration's equal employment opportunity officer shall counsel the comlainant as to the following:</text> <paragraph num="(a)"> <text>The right to file either a complaint or a grievance under COMAR 11.02.09;</text> </paragraph> <paragraph num="(b)"> <text>The right to file a complaint with the Maryland Human Relations Commission within 180 days after the date on which the alleged discriminatory action occurred; and</text> </paragraph> <paragraph num="(c)"> <text>The right to file a complaint with the Equal Employment Opportunity Commission within 300 days from the date the alleged discriminatory action occurred.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>When a complaint is filed, the equal employment opportunity officer shall contact the complainant and the respondent in the administration against whom the charges have been brought. At that time, the complainant may choose to proceed with mediation or an investigation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Mediation.</text> <paragraph num="(1)"> <text>If the complainant and the respondent agree to mediation, the equal employment opportunity officer will schedule and arrange the mediation conference.</text> </paragraph> <paragraph num="(2)"> <text>If an agreement is reached, the agreement will be reduced to writing by the parties, and reviewed by the administration’s Office of the Attorney General for legal sufficiency. Upon completion of such review, the agreement will be signed by the complainant, the respondent, the Manager of the administration’s Equal Employment Opportunity Office, or the Director of the Office of Diversity and Equity, and the complaint will be considered withdrawn.</text> </paragraph> <paragraph num="(3)"> <text>If no agreement is reached, the complaint will be investigated in accordance with §G of this regulation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Investigation.</text> <paragraph num="(1)"> <text>If the complainant elects to proceed with the investigation, an equal employment opportunity officer shall investigate the complaint to ascertain all facts, including reviewing all relevant records, policies, and any other pertinent information. All information obtained as a part of the investigation shall be confidential.</text> </paragraph> <paragraph num="(2)"> <text>Within 30 days after a complaint is received, an equal employment opportunity officer shall investigate the complaint, issue a report of the investigation, and recommend a proposed decision to the Administrator of the administration where the complaint originated. The Administrator or the Director of the Office of Diversity and Equity shall issue a written decision to the complainant and may grant any appropriate relief.</text> </paragraph> <paragraph num="(3)"> <text>The equal employment officer may request that the parties waive the 30-day requirement if additional time is needed to complete the investigation and issue a report.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Appeals.</text> <paragraph num="(1)"> <text>Within 10 days after receiving the decision, a complainant may appeal the decision, in writing, to the Department of Budget and Management, Office of the Statewide EEO Coordinator.</text> </paragraph> <paragraph num="(2)"> <text>If the complainant is dissatisfied with the decision, the Administrator or designee shall inform the complainant of the right to file a complaint of discrimination with the Maryland Human Relations Commission or the Equal Employment Opportunity Commission.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Affirmative Action Plan."> <paragraph num="A."> <text>The Department shall develop an Affirmative Action Plan to address any need for corrective action.</text> </paragraph> <paragraph num="B."> <text>The Affirmative Action Plan shall:</text> <paragraph num="(1)"> <text>Be designed to achieve equal opportunity through positive, aggressive, and continuous results-oriented measures to correct past or present discriminatory practices and their effects on the conditions and privileges of employment; and</text> </paragraph> <paragraph num="(2)"> <text>Provide general and specific procedural guidance in relation to:</text> <paragraph num="(a)"> <text>Publicity and dissemination of equal opportunity/affirmative action (EO/AA) matters;</text> </paragraph> <paragraph num="(b)"> <text>EO/AA requirements in employee recruitment and selection; and</text> </paragraph> <paragraph num="(c)"> <text>EO/AA related education and training.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102, 2-103, and 2-103.4; State Personnel and Pensions Article, §§2-106 and 5-201—5-215; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 7, 2011 (38:5 Md. R. 318)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective September 12, 1994 (21:18 Md. R. 1509); August 24, 2009 (36:17 Md. R. 1312); March 7, 2011 (38:5 Md. R. 318)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 7, 2011 (38:5 Md. R. 318)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, B amended effective August 24, 2009 (36:17 Md. R. 1312)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 7, 2011 (38:5 Md. R. 318)</annotation> </annotations> </chapter> <chapter num="05" heading="Reinstatement"> <regulation prefix="Regulation" num=".01" heading="Eligibility for Reinstatement."> <paragraph num="A."> <text>Employees eligible for reinstatement include:</text> <paragraph num="(1)"> <text>Department employees on an approved leave of absence applying before the expiration of the leave of absence;</text> </paragraph> <paragraph num="(2)"> <text>Transportation Service employees who are laid off and return within a 5-year period from the time of the employee's layoff;</text> </paragraph> <paragraph num="(3)"> <text>Transportation Service employees who have separated in good standing applying within a 5-year period following the employee's resignation; and</text> </paragraph> <paragraph num="(4)"> <text>Department employees who have not converted into the Transportation Service, and who:</text> <paragraph num="(a)"> <text>Are laid off and return within a 2-year period from the time of the employee's layoff, and</text> </paragraph> <paragraph num="(b)"> <text>Have separated in good standing applying within a 2-year period following the employee's resignation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>An employee who is eligible and requests reinstatement shall be placed on the list of eligibles for the employee's former job classification and considered for future job openings. If selected, the employee is entitled to a salary equivalent to the employee's former grade and salary step, and shall receive reinstatement credits as specified in §D of this regulation.</text> </paragraph> <paragraph num="C."> <text>An employee eligible for reinstatement who is hired into a classification other than the employee's former classification shall receive reinstatement credits as specified in §D of this regulation.</text> </paragraph> <paragraph num="D."> <text>Reinstatement Leave Credits. An employee who is reinstated is entitled to restoration of leave earning rates based on years of former service, and an employee who is reinstated within 2 years is entitled to restoration of unused sick leave balances. In addition, an employee returning from a military leave of absence shall receive credit for the leave of absence.</text> </paragraph> <paragraph num="E."> <text>Reinstatement from Active Military Service. An employee who requests to return to a Department position after serving a period of active military service shall be reinstated in accordance with State Personnel and Pensions Article, Title 11, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A and B amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> </annotations> </chapter> <chapter num="06" heading="Medical Examinations and Evaluations"> <regulation prefix="Regulation" num=".01" heading="General."> <text>The Secretary shall designate a Department Medical Advisor who shall advise the appointing authority or the appointing authority's designee with respect to medical examinations and medical evaluations related to employment with the Department. Reports shall be provided by the Department Medical Advisor to the appointing authority or the appointing authority's designee.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Department Medical Advisor."> <paragraph num="A."> <text>The Department Medical Advisor:</text> <paragraph num="(1)"> <text>Is a licensed physician who is an employee of the Department or who is contracted by the Department to provide the required Department Medical Advisor services;</text> </paragraph> <paragraph num="(2)"> <text>May consult with other health care professionals to carry out the responsibilities set forth in this chapter subject to the approval of the Secretary;</text> </paragraph> <paragraph num="(3)"> <text>Shall conduct medical examinations as provided for under the Department Medical Advisor Policy, and the determination of the Department Medical Advisor in these examinations is the final medical determination;</text> </paragraph> <paragraph num="(4)"> <text>Is the Department's medical expert on employability and all other related matters;</text> </paragraph> <paragraph num="(5)"> <text>Shall conduct any other medical examinations or studies concerning the medical state of employees or individuals who have received an offer of employment or a conditional offer of employment as directed by the appointing authority or the appointing authority's designee; and</text> </paragraph> <paragraph num="(6)"> <text>May advise the appointing authority or the appointing authority's designee that an individual has a medical condition which affects the individual's ability to perform the essential functions of the position.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An employee may be subject to a medical examination:</text> <paragraph num="(1)"> <text>If the employee loses excessive time from employment due to illness or injury;</text> </paragraph> <paragraph num="(2)"> <text>To determine if the employee has any physical or mental impairment which might prevent the employee from properly performing the duties of the position; or</text> </paragraph> <paragraph num="(3)"> <text>To determine the medical necessity and duration of advanced sick leave, extended sick leave, work injury leave, and leave of absence—illness.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The determinations of the Department Medical Advisor in examinations of applicants and employees conducted under §A(3) and (5) of this regulation are final and are not subject to review by the Office of Administrative Hearings.</text> </paragraph> <paragraph num="D."> <text>If an employee is approved for disability retirement by the State Retirement Agency, unless the employee resigns or is removed earlier, the employee shall be considered resigned from State service 120 calendar days after the approval.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 122)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective August 30, 1993 (20:17 Md. R. 1346); March 6, 2023 (50:4 Md. R. 122)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D adopted effective July 16, 2009 (36:14 Md. R. 985)</annotation> </annotations> </chapter> <chapter num="07" heading="Layoff"> <regulation prefix="Regulation" num=".01" heading="General Provisions."> <paragraph num="A."> <text>This chapter does not apply when positions are deleted from the budget by the:</text> <paragraph num="(1)"> <text>Governor's decision to omit an appropriation for a position from the budget bill as evidenced in the supporting documentation submitted in the budget;</text> </paragraph> <paragraph num="(2)"> <text>General Assembly's decision to strike out an appropriation for a position as evidenced in the budget bill or in the report of the budget committees; or</text> </paragraph> <paragraph num="(3)"> <text>Governor's decision pursuant to State Finance and Procurement Article, §7-213, Annotated Code of Maryland, with the approval of the Board of Public Works, to reduce an appropriation for a position included in the budget bill as enacted, as evidenced in the supporting documentation submitted to the Board of Public Works.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Career Service employees who are in positions that are to be abolished, discontinued, or vacated because of a change in Departmental organization or because of work stoppage, lack of funds, or lack of work, may be laid off.</text> </paragraph> <paragraph num="C."> <text>Appointing authorities shall provide the Secretary with a proposed list of positions and the reason for the layoff. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended layoff.</text> </paragraph> <paragraph num="D."> <text>Employees in positions to be abolished, discontinued, or vacated shall receive at least 30 days notice.</text> </paragraph> <paragraph num="E."> <text>An employee who has been notified of an impending layoff may request to displace another employee with the fewest retention points in the same classification within an administration or the Department. At the Secretary's discretion, displacement may be limited to an organizational unit within an administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Retention Points."> <paragraph num="A."> <text>Formula for Establishing Retention Points. The Secretary shall establish a formula which reflects the following factors and percentages:</text> <paragraph num="(1)"> <text>Total State service — 25 percent;</text> </paragraph> <paragraph num="(2)"> <text>Total service in the Department — 50 percent; and</text> </paragraph> <paragraph num="(3)"> <text>Performance appraisals — 25 percent.</text> </paragraph> </paragraph> <paragraph num="B."> <text>On July 1, 1996, the formula shall reflect the following percentages:</text> <paragraph num="(1)"> <text>Total State service — 15 percent;</text> </paragraph> <paragraph num="(2)"> <text>Total service in the Department — 35 percent; and</text> </paragraph> <paragraph num="(3)"> <text>Performance appraisals — 50 percent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Severance Pay."> <paragraph num="A."> <text>Employees who are laid off who have 1 year or more of service with the Department of Transportation shall receive severance pay.</text> </paragraph> <paragraph num="B."> <text>The Secretary may also authorize the offering of severance pay to employees in designated work units affected by a reduction in force who resign instead of a layoff action.</text> </paragraph> <paragraph num="C."> <text>Severance pay for employees who are laid off, except for employees laid off due to lack of funds, is 1 week of pay for each year of service with the State, with a minimum of 4 weeks and a maximum of 26 weeks.</text> </paragraph> <paragraph num="D."> <text>Subject to §A of this regulation, employees laid off due to lack of funds shall receive 4 weeks severance pay, regardless of length of service.</text> </paragraph> <paragraph num="E."> <text>If an employee who is laid off, or resigns instead of layoff, returns to employment with the Department within 6 months in the same classification, the employee shall reimburse the Department, on a prorated basis, for any severance pay received.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Recall."> <text>Employees who are laid off or resign instead of layoff shall be placed on a list of eligibles for their classification for reinstatement for 5 years as specified in COMAR 11.02.05.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)</annotation> </annotations> </chapter> <chapter num="08" heading="Disciplinary Action"> <regulation prefix="Regulation" num=".01" heading="General."> <paragraph num="A."> <text>In the case of Career Service employees, disciplinary action may include, as appropriate:</text> <paragraph num="(1)"> <text>Official written reprimand;</text> </paragraph> <paragraph num="(2)"> <text>Suspension without pay;</text> </paragraph> <paragraph num="(3)"> <text>Loss of leave;</text> </paragraph> <paragraph num="(4)"> <text>Involuntary demotion;</text> </paragraph> <paragraph num="(5)"> <text>Suspension, with or without pay, pending charges for termination;</text> </paragraph> <paragraph num="(6)"> <text>Termination under charges from a Career Service position; or</text> </paragraph> <paragraph num="(7)"> <text>Rejection on promotional probation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Before imposing any disciplinary action, the appointing authority or designated representative shall:</text> <paragraph num="(1)"> <text>Investigate the alleged misconduct;</text> </paragraph> <paragraph num="(2)"> <text>Meet with the employee;</text> </paragraph> <paragraph num="(3)"> <text>Consider any mitigating circumstances;</text> </paragraph> <paragraph num="(4)"> <text>Determine the appropriate disciplinary action, if any, to be imposed; and</text> </paragraph> <paragraph num="(5)"> <text>Give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Before a Career Service employee may be disciplined for performance-related reasons, the appointing authority or designee shall:</text> <paragraph num="(1)"> <text>Investigate the employee’s performance, including the employee’s most recent performance appraisal; and</text> </paragraph> <paragraph num="(2)"> <text>Provide notice to the employee, in writing, of the deficiency and provide an explanation of the employer’s position, which shall include:</text> <paragraph num="(a)"> <text>Specific instances of unacceptable performance by the employee on which the proposed action is based;</text> </paragraph> <paragraph num="(b)"> <text>The performance criteria and factors of the employee’s position involved in each specification of unacceptable performance; and</text> </paragraph> <paragraph num="(c)"> <text>A description of the effort made by the employer to assist the employee in improving performance.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>An appointing authority or designated representative may impose any disciplinary action for a Career Service employee no later than 30 days after the appointing authority or designated representative acquires knowledge of the misconduct for which the disciplinary action is imposed. The 30-day period includes the time necessary for the appointing authority or designated representative to conduct its investigation and meet the other requirements in §B of this regulation.</text> </paragraph> <paragraph num="E."> <text>The appointing authority or a designated representative and an employee may agree to hold a disciplinary action in abeyance for a period not to exceed 18 months in order to permit an employee to improve conduct or performance.</text> </paragraph> <paragraph num="F."> <text>Disciplinary action is not allowed because of the religious or political opinions or affiliations of any employee, or because of the failure to contribute to any fund.</text> </paragraph> <paragraph num="G."> <text>Police Officers.</text> <paragraph num="(1)"> <text>Police officers of the Department have specific rights in administrative actions which may result in discipline under the Law Enforcement Officers' Bill of Rights, and therefore are subject to the provisions of Public Safety Article, Title 3, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Nondisciplinary administrative terminations of police officers are not covered by the Law Enforcement Officers' Bill of Rights and shall be conducted in accordance with Regulation .07-1 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Conviction” means:</text> <paragraph num="(a)"> <text>A judgment of conviction, whether entered upon a finding of guilt or acceptance of a plea of nolo contendere, and the imposition of sentence; or</text> </paragraph> <paragraph num="(b)"> <text>The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Day” or “Days” means a calendar day or calendar days.</text> </paragraph> <paragraph num="(3)"> <text>“Designated representative” means an attorney, an employee organization representative, or any other individual authorized in writing by a party to represent the party.</text> </paragraph> <paragraph num="(4)"> <text>“Nondisciplinary administrative termination” means termination of a police officer of the Department for reasons not covered by the Law Enforcement Officers' Bill of Rights, including termination because of a physical or mental impairment which prevents the performance of essential functions of the job, with or without reasonable accommodations.</text> </paragraph> <paragraph num="(5)"> <text>“Party” means an employee or a group of employees having a grievance or other right of appeal or the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(6)"> <text>“Work days” means all days except Saturdays, Sundays, and observed holidays.</text> </paragraph> <paragraph num="(7)"> <text>“Working days” means all days except Saturdays, Sundays, observed holidays, and all days an employee is on leave.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Official Written Reprimand."> <paragraph num="A."> <text>The appointing authority or the appointing authority's designee may give an employee an official written reprimand because of unacceptable job performance or work-related conduct.</text> </paragraph> <paragraph num="B."> <text>Time Limit for Imposition of an Official Written Reprimand. An official written reprimand shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="C."> <text>Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing of the reasons for the official written reprimand, and the appropriate appeal procedure, including the time frames for appeal.</text> </paragraph> <paragraph num="D."> <text>Appeal of an Official Written Reprimand. An employee may appeal an official written reprimand in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Disciplinary Suspension."> <paragraph num="A."> <text>An appointing authority or the appointing authority's designee may suspend an employee without pay because of unacceptable job performance or work-related conduct.</text> </paragraph> <paragraph num="B."> <text>Disciplinary Suspension of Fair Labor Standards Act (FLSA) Exempt Employees.</text> <paragraph num="(1)"> <text>The appointing authority, or the appointing authority's designee, may suspend an FLSA exempt employee as provided for under §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>FLSA exempt employees shall be suspended in increments of 5 workdays, as defined in COMAR 11.02.03.01B(10).</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension days shall be consecutive and shall include any day that:</text> <paragraph num="(1)"> <text>Is an observed holiday;</text> </paragraph> <paragraph num="(2)"> <text>An employee is on leave; or</text> </paragraph> <paragraph num="(3)"> <text>An employee is scheduled to work.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Time Limit for Imposition of Suspension. A disciplinary suspension shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="E."> <text>Exceptions to §D of this regulation are actions taken by Accident Review Boards of the Department. Each board has 20 calendar days for review of accidents, and then suspensions shall be imposed as set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="F."> <text>Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing, on a Transportation Service Suspension form, of the reasons for the suspension and the appropriate appeal route, including the time frames for appeal.</text> </paragraph> <paragraph num="G."> <text>Appeal of a Disciplinary Suspension. An employee may appeal a disciplinary suspension in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disciplinary Loss of Leave."> <paragraph num="A."> <text>Disciplinary Loss of Leave. The appointing authority or the appointing authority's designee may, for disciplinary purposes, remove up to 5 days of personal or annual leave, or personal and annual leave, from an employee's accumulated leave balance. Personal leave shall be removed before annual leave. Disciplinary loss of leave may be imposed because of unacceptable job performance or work-related conduct.</text> </paragraph> <paragraph num="B."> <text>Time Limit for Imposition of Loss of Leave. Loss of leave shall be imposed within the time frame set forth in Regulations .01D and .03E of this chapter.</text> </paragraph> <paragraph num="C."> <text>Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing on a Transportation Service Loss of Leave form of the reasons for the loss of leave and the appropriate appeal route, including the time frame for appeal.</text> </paragraph> <paragraph num="D."> <text>Appeal of Disciplinary Loss of Leave. An employee may appeal a disciplinary loss of leave in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Involuntary Demotion."> <paragraph num="A."> <text>An appointing authority or the appointing authority's designee may demote an employee for disciplinary or performance reasons, and may reduce the employee's salary or wages.</text> </paragraph> <paragraph num="B."> <text>Time Limit for Imposition of an Involuntary Demotion. An involuntary demotion shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="C."> <text>Written Notice. The appointing authority or the appointing authority's designee shall provide an employee in writing with the reason or the reasons for the demotion, the proposed new classification and grade level, the future effective date of the demotion, and the appropriate appeal route, including the time frame for appeal.</text> </paragraph> <paragraph num="D."> <text>The appointing authority or the appointing authority's designee shall give an employee notice at least 30 days before the effective date of a demotion.</text> </paragraph> <paragraph num="E."> <text>Appeal of an Involuntary Demotion. An employee may appeal an involuntary demotion in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05-1" heading="Suspension Pending Charges for Termination of a Career Service Employee."> <paragraph num="A."> <text>An appointing authority or the appointing authority's designee may suspend a Career Service employee with or without pay pending final disposition of the charges for termination, if the suspension is necessary to protect the interests of the Department.</text> </paragraph> <paragraph num="B."> <text>Written Notice. The appointing authority or the appointing authority's designee shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, the effective date of the suspension, and the appropriate appeal route, including the time frame for appeal.</text> </paragraph> <paragraph num="C."> <text>Thirty Day Limitation for Suspension Without Pay Pending Charges for Termination.</text> <paragraph num="(1)"> <text>If an employee is suspended without pay, the appointing authority or designated representative shall provide to the Secretary of Transportation the charges for termination within 30 days after the first day of the suspension period.</text> </paragraph> <paragraph num="(2)"> <text>If the appointing authority or designated representative has not filed the charges for termination after 30 days, the employee shall be placed on leave with pay until the Secretary of Transportation receives charges for termination.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Time Limit for Imposition of Suspension Pending Charges for Termination. A suspension pending charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="E."> <text>Appeal of Suspension Pending Charges.</text> <paragraph num="(1)"> <text>The Office of Administrative Hearings shall afford the employee a hearing, at which time the employee may:</text> <paragraph num="(a)"> <text>Rebut the reasons given for the suspension;</text> </paragraph> <paragraph num="(b)"> <text>Allege mitigating circumstances; and</text> </paragraph> <paragraph num="(c)"> <text>Offer alternatives to the suspension.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An employee may appeal a suspension pending charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination of a Career Service Employee."> <paragraph num="A."> <text>An appointing authority may, for cause, terminate a Career Service employee.</text> </paragraph> <paragraph num="B."> <text>Cause for Termination. One or more than one of the following causes is sufficient reason for termination, though termination may be for a cause or causes other than those enumerated:</text> <paragraph num="(1)"> <text>The employee is incompetent or inefficient in the performance of job duties and is unable to perform at acceptable levels after proper guidance, training, and recommendations for improvement have been provided to the employee;</text> </paragraph> <paragraph num="(2)"> <text>The employee's action or inaction amounts to insubordination;</text> </paragraph> <paragraph num="(3)"> <text>The employee has performed the job duties in a careless, negligent, or willful manner, including causing damage to, or waste of, State property, State resources, or property of a member of the public;</text> </paragraph> <paragraph num="(4)"> <text>The employee has engaged in or attempted to engage in bribery or extortion in the performance of duties;</text> </paragraph> <paragraph num="(5)"> <text>The employee has a physical or mental impairment which prevents the employee from performing the essential functions of the job, with or without reasonable accommodations as determined by the Department Medical Advisor in accordance with applicable laws;</text> </paragraph> <paragraph num="(6)"> <text>The employee has violated any statute, regulation, executive order, written policy, written directive, or written rule;</text> </paragraph> <paragraph num="(7)"> <text>The employee has failed to obey a lawful and reasonable direction given by a supervisor or superior;</text> </paragraph> <paragraph num="(8)"> <text>The employee has committed an act of misconduct or a serious breach of discipline;</text> </paragraph> <paragraph num="(9)"> <text>Unauthorized absence;</text> </paragraph> <paragraph num="(10)"> <text>The employee has used unwarranted or excessive force in the treatment of other employees, supervisors, or members of the public;</text> </paragraph> <paragraph num="(11)"> <text>The employee has been wantonly offensive toward other employees, supervisors, or members of the public;</text> </paragraph> <paragraph num="(12)"> <text>The employee's action or inaction has caused or reasonably could be expected to result in loss or injury to the State or members of the public;</text> </paragraph> <paragraph num="(13)"> <text>The employee has stolen, or attempted to steal, State property, State resources, or property of a member of the public;</text> </paragraph> <paragraph num="(14)"> <text>The employee has misappropriated or mishandled State funds, revenues, resources, or property;</text> </paragraph> <paragraph num="(15)"> <text>The employee has willfully made a false official statement or report;</text> </paragraph> <paragraph num="(16)"> <text>The employee has been convicted of a felony or a job-related misdemeanor;</text> </paragraph> <paragraph num="(17)"> <text>The employee has violated Executive Order 01.01.1991.16 on substance abuse;</text> </paragraph> <paragraph num="(18)"> <text>The employee has taken for personal use a fee, gift, or other valuable thing in the course of work or in connection with it when the fee, gift, or other valuable thing is given to the employee by any person in the hope or expectation of receiving a favor or better treatment than that accorded other persons;</text> </paragraph> <paragraph num="(19)"> <text>The appointing authority or the appointing authority's designee has investigated an employee's qualifications and background and has discovered that fraudulent or irregular information resulted in the employee's appointment;</text> </paragraph> <paragraph num="(20)"> <text>The employee has engaged in conduct that has brought the Department into public disrepute.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An appointing authority or designated representative may suspend an employee with or without pay pending final disposition of the charges for termination if the suspension is necessary to protect the interests of the Department as provided in Regulation .01 of this chapter. The appointing authority or designated representative shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, and the effective date in accordance with Regulation .05-1 of this chapter.</text> </paragraph> <paragraph num="D."> <text>Charges Shall be Filed with the Secretary of Transportation. The Secretary shall provide the employee, in writing, with a statement of the charges and specifications for termination, and the appropriate appeal route, including the time frame for appeal.</text> </paragraph> <paragraph num="E."> <text>Time Limit for Imposition of Charges for Termination. Charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="F."> <text>Appeal of Charges for Termination. An employee may appeal charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.</text> </paragraph> <paragraph num="G."> <text>The Secretary shall issue an order upholding the employee’s termination from Transportation Service in the following instances:</text> <paragraph num="(1)"> <text>If no appeal is received by the Secretary or the Secretary’s designee within 15 days of receipt of the charges; and</text> </paragraph> <paragraph num="(2)"> <text>If no agreement is reached during the settlement conference and no appeal is received by the Office of Administrative Hearings within 15 days following the settlement conference.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Discipline or Termination of an Executive Service or Commission Plan Employee."> <paragraph num="A."> <text>An appointing authority may recommend to the Secretary of Transportation the discipline or termination of an Executive Service or Commission Plan employee. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended discipline or termination. After approval by the Secretary, the appointing authority shall send the employee written notice of the discipline or termination, and the appropriate appeal route, including the time frame for appeal to the Office of Administrative Hearings.</text> </paragraph> <paragraph num="B."> <text>Appeal of Discipline or Termination.</text> <paragraph num="(1)"> <text>An Executive Service or Commission Plan employee may appeal the discipline or termination in writing to the Office of Administrative Hearings within 15 days of receipt of the discipline or termination notice. However, the employee has the burden of proof at the Office of Administrative Hearings, and the hearing is limited to the legal and constitutional basis for the discipline or termination.</text> </paragraph> <paragraph num="(2)"> <text>If the employee does not appeal the action within 15 days or if the employee does not appear for a scheduled hearing, the action is final.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07-1" heading="Nondisciplinary Administrative Terminations of Police Officers of the Department."> <paragraph num="A."> <text>Termination.</text> <paragraph num="(1)"> <text>An appointing authority may recommend to the Secretary of Transportation the nondisciplinary administrative termination of a police officer of the Department.</text> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Secretary's designee shall review the request and, at the discretion of the Secretary or the Secretary's designee, approve or disapprove the recommended termination.</text> </paragraph> <paragraph num="(3)"> <text>On approval of the termination by the Secretary or the Secretary's designee, the appointing authority shall send the police officer written notice of the termination and the appropriate appeal route, including the time frame for appeal.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Appeal of Termination.</text> <paragraph num="(1)"> <text>The procedures for appeal of termination are the same as provided for in Regulation .10 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The hearing at the Office of Administrative Hearings is limited to the legal and constitutional basis for the termination.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Rejection on Promotional Probation"> <paragraph num="A."> <text>An employee may be rejected on promotional probation in accordance with COMAR 11.02.02.05.</text> </paragraph> <paragraph num="B."> <text>Time Limit for Imposition of Rejection on Promotional Probation. A rejection on promotional probation shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text> </paragraph> <paragraph num="C."> <text>Written Notice. The employee shall be provided written notice of the rejection on promotional probation in accordance with COMAR 11.02.02.05.</text> </paragraph> <paragraph num="D."> <text>Appeal of Rejection on Promotional Probation. An employee may appeal a rejection on promotional probation in accordance with procedures set forth in Regulation .10 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Authority to Conduct Hearings and Appeals."> <text>The Office of Administrative Hearings shall conduct hearings and issue a final decision for Department of Transportation personnel cases.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Appeal Procedure."> <paragraph num="A."> <text>A Career Service employee may appeal an Official Written Reprimand, Suspension without Pay, Loss of Leave, Involuntary Demotion, Suspension pending charges for Termination, Charges for Termination, and Rejection on Promotional Probation, in writing, to the Secretary or the Secretary’s designee within 15 days of receipt of the written notice.</text> </paragraph> <paragraph num="B."> <text>If an employee does not appeal the action within the specified time frames, the action is final.</text> </paragraph> <paragraph num="C."> <text>Filing an Appeal.</text> <paragraph num="(1)"> <text>An appeal is considered filed on the date the appeal is received by the Secretary or the Secretary’s designee.</text> </paragraph> <paragraph num="(2)"> <text>The employee shall include with the appeal, the reason for the appeal, the requested remedy, and a copy of the notice of disciplinary action, with any documentation that was attached.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the appeal shall be forwarded to the Appointing Authority.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Settlement Conference.</text> <paragraph num="(1)"> <text>The Secretary or the Secretary’s designee will schedule a settlement conference within 30 days from the receipt of the written appeal. The Secretary or the Secretary’s designee shall send written notice of a settlement conference to the parties by mail or facsimile.</text> </paragraph> <paragraph num="(2)"> <text>The settlement conference notice shall contain:</text> <paragraph num="(a)"> <text>The date, time, place, and the nature of the conference;</text> </paragraph> <paragraph num="(b)"> <text>A statement that notice must be received 3 business days before the conference date if special arrangements are needed to accommodate an individual with a disability;</text> </paragraph> <paragraph num="(c)"> <text>A statement that notice must be received 3 business days before the conference date if an interpreter is needed; and</text> </paragraph> <paragraph num="(d)"> <text>A statement that failure to participate in good faith or to attend a conference may result in a decision adverse to a party.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A party or a designated representative shall be present for all scheduled settlement conferences.</text> </paragraph> <paragraph num="(4)"> <text>If a designated representative participates in a settlement conference instead of a party, the designated representative shall have the authority to negotiate or settle the matter appealed.</text> </paragraph> <paragraph num="(5)"> <text>The designation of the representative shall be in writing.</text> </paragraph> <paragraph num="(6)"> <text>If neither the employee nor the designated representative appears at the scheduled settlement conference, the action is final.</text> </paragraph> <paragraph num="(7)"> <text>When the employee’s designated representative is another State employee, the appointing authority of the designated representative shall assure that the designated representative is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal. An employee may not leave the employee’s post of duty to represent another employee at a grievance appeal or a disciplinary appeal conference or hearing without permission from the employee’s supervisor.</text> </paragraph> <paragraph num="(8)"> <text>The appointing authority shall assure that the employee is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal.</text> </paragraph> <paragraph num="(9)"> <text>At the exclusive discretion of the Secretary or the Secretary’s designee, a settlement conference may be conducted by telephone, video, or other electronic means if each party has an opportunity to participate in the entire proceeding. Except as authorized by the Secretary or the Secretary’s designee, documents for a telephone, video, or electronic conference shall be received by the Secretary or the Secretary’s designee and each party at least 3 business days before the scheduled conference.</text> </paragraph> <paragraph num="(10)"> <text>If an agreement is not reached during the settlement conference, the employee shall have 15 days from the date of the settlement conference to appeal, in writing, to the Office of Administrative Hearings, with a copy to the Secretary or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Postponement of a Settlement Conference.</text> <paragraph num="(1)"> <text>The Secretary or the Secretary’s designee shall only consider a postponement of a settlement conference:</text> <paragraph num="(a)"> <text>If the requesting party provides a written request 3 business days before the scheduled conference and establishes good cause for the postponement;</text> </paragraph> <paragraph num="(b)"> <text>In the case of an emergency as defined in §E(3)of this regulation; or</text> </paragraph> <paragraph num="(c)"> <text>Under unusual circumstances as determined by the Secretary or the Secretary’s designee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Secretary or the Secretary’s designee may require documentation of the reasons for the postponement from the party requesting the postponement.</text> </paragraph> <paragraph num="(3)"> <text>Emergency postponements are granted only when the emergency is a sudden, unforeseen occurrence requiring the immediate attention of the requesting party.</text> </paragraph> <paragraph num="(4)"> <text>If the postponement is requested due to a medical emergency, the party requesting the postponement shall submit written medical documentation by one of the medical providers specified in COMAR 11.02.03.07G(6). Failure to provide the required documentation may result in a decision adverse to the requesting party.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Appeal Hearing.</text> <paragraph num="(1)"> <text>Official Written Reprimand, Suspension without Pay, Loss of Leave, Involuntary Demotion, Charges for Termination, and Rejection on Promotional Probation. An administrative law judge of the Office of Administrative Hearings shall hear the appeal within 90 days and shall render a final decision within 45 days of the hearing.</text> </paragraph> <paragraph num="(2)"> <text>Suspension Pending Charges for Termination.</text> <paragraph num="(a)"> <text>An administrative law judge of the Office of Administrative Hearings shall hear the appeal within 45 days, at which time the employee may:</text> <paragraph num="(i)"> <text>Rebut the reasons given for the suspension;</text> </paragraph> <paragraph num="(ii)"> <text>Allege mitigating circumstances; and</text> </paragraph> <paragraph num="(iii)"> <text>Offer alternatives to the suspension.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The administrative law judge shall issue a final decision within 15 days of the hearing.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Representation. An employee may be represented at a grievance hearing or appeal hearing by an attorney, an employee organization representative, or any other individual authorized, in writing, by the employee to represent him or her.</text> </paragraph> <paragraph num="H."> <text>Compensation for Representatives and Witnesses.</text> <paragraph num="(1)"> <text>An employee may not lose salary or wages, including overtime and shift differential payments, for investigating, processing, or testifying during any step of the grievance procedure or appeal hearing.</text> </paragraph> <paragraph num="(2)"> <text>Attendance at a hearing is considered work time, and the appointing authority or the appointing authority's designee shall ensure that an employee who is required to attend a grievance hearing or an appeal hearing receives salary or wages.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Leaving Duty Post. An employee may not leave the employee's duty post to engage in grievance handling or to pursue an appeal without the permission of the employee's supervisor.</text> </paragraph> <paragraph num="J."> <text>Payment of Travel Expenses. The appointing authority or the appointing authority's designee shall pay travel expenses, as set forth in COMAR 23.02.01, incurred by its employees in connection with attendance at grievance or appeal hearings.</text> </paragraph> <paragraph num="K."> <text>Burden of Proof.</text> <paragraph num="(1)"> <text>Decisions shall be based upon a preponderance of the evidence.</text> </paragraph> <paragraph num="(2)"> <text>The appointing authority or the appointing authority's designee bears the burden of proof in the following cases:</text> <paragraph num="(a)"> <text>Disciplinary cases involving a Career Service employee;</text> </paragraph> <paragraph num="(b)"> <text>Appeal of a less than Meets Standards performance appraisal rating; and</text> </paragraph> <paragraph num="(c)"> <text>Appeal of a denial of a salary increase due to a performance appraisal rating.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The employee bears the burden of proof in the following cases:</text> <paragraph num="(a)"> <text>Grievance hearings, except for appeal of a less than Meets Standards performance appraisal rating and denial of salary increase due to performance appraisal rating;</text> </paragraph> <paragraph num="(b)"> <text>Rejection of employee on probation as set forth in COMAR 11.02.02.05A;</text> </paragraph> <paragraph num="(c)"> <text>Rejection of employee on probation as set forth in COMAR 11.02.02.05C;</text> </paragraph> <paragraph num="(d)"> <text>Disqualification from future employment of a Career Service employee;</text> </paragraph> <paragraph num="(e)"> <text>Discipline or termination of a Commission Plan employee or Executive Service employee; and</text> </paragraph> <paragraph num="(f)"> <text>Rejection on probation of a police officer serving an initial probationary period as a police officer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="L."> <text>An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)</annotation> </annotations> </chapter> <chapter num="09" heading="Grievances"> <regulation prefix="Regulation" num=".01" heading="Definitions and Application."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Days” means calendar days.</text> </paragraph> <paragraph num="(2)"> <text>“Exclusive representative” means an employee organization that has been certified by the State Labor Relations Board as an exclusive representative under State Personnel and Pensions Article, Division I, Title 3, Subtitle 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Grievance.</text> <paragraph num="(a)"> <text>“Grievance” means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department over the interpretation and application of Department regulations, rules, or policies over which management has control or over a term or condition of a memorandum of understanding between the State and the exclusive representative.</text> </paragraph> <paragraph num="(b)"> <text>“Grievance” does not include a dispute about:</text> <paragraph num="(i)"> <text>A pay grade or range for a classification;</text> </paragraph> <paragraph num="(ii)"> <text>The amount or the effective date of a Statewide pay increase;</text> </paragraph> <paragraph num="(iii)"> <text>The establishment of a classification;</text> </paragraph> <paragraph num="(iv)"> <text>The assignment of a classification to a service category;</text> </paragraph> <paragraph num="(v)"> <text>A mid-year performance appraisal; or</text> </paragraph> <paragraph num="(vi)"> <text>An oral reprimand or counseling memoranda.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Party” means:</text> <paragraph num="(a)"> <text>An employee having a grievance; or</text> </paragraph> <paragraph num="(b)"> <text>An aggrieved employee's appointing authority or the appointing authority's designee, or both.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The following employees are authorized to present grievances:</text> <paragraph num="(1)"> <text>Career Service;</text> </paragraph> <paragraph num="(2)"> <text>Executive Service; and</text> </paragraph> <paragraph num="(3)"> <text>Commission Plan.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The following employees are not authorized to present grievances:</text> <paragraph num="(1)"> <text>Temporary;</text> </paragraph> <paragraph num="(2)"> <text>Contractual;</text> </paragraph> <paragraph num="(3)"> <text>Law enforcement;</text> </paragraph> <paragraph num="(4)"> <text>Those covered under Maryland Transit Administration collective bargaining agreements;</text> </paragraph> <paragraph num="(5)"> <text>Emergency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General."> <paragraph num="A."> <text>Time Limits — Employee. An employee shall file a grievance in writing, on a grievance form supplied by the Human Resources Office, within 30 days of the alleged cause of complaint or knowledge of the complaint. Failure to file or appeal any step of the grievance process within the time limits specified results in dismissal of the grievance.</text> </paragraph> <paragraph num="B."> <text>Time Limits — Appointing Authority or Appointing Authority's Designee. Failure to render a decision within the time limits specified constitutes a denial which the employee may appeal, within the appropriate time limits, to the next step of the grievance process.</text> </paragraph> <paragraph num="C."> <text>Waiver of Time Limits or Steps. By mutual agreement, both parties may waive time limits or steps of the grievance process.</text> </paragraph> <paragraph num="D."> <text>Failure of Grievant to Appear at Scheduled Grievance Conference. Failure of a grievant to appear at a scheduled grievance conference shall result in dismissal of the grievance, unless a valid or documented reason acceptable to the grievance conference officer is provided to explain the grievant's absence.</text> </paragraph> <paragraph num="E."> <text>Efforts to Resolve a Grievance and Consolidation of Similar Grievances. Both parties shall endeavor to resolve a grievance at the lowest possible step. Similar grievances may be consolidated and processed together as a single grievance.</text> </paragraph> <paragraph num="F."> <text>The employee may be represented at any step of the grievance procedure by any person of the employee's choosing.</text> </paragraph> <paragraph num="G."> <text>In a reclassification grievance, the Office of Administrative Hearings may award back pay to the employee for a maximum of 1 year before the date the employee presented the grievance in writing to the appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="H."> <text>Burden of Proof.</text> <paragraph num="(1)"> <text>Decisions shall be based upon a preponderance of the evidence.</text> </paragraph> <paragraph num="(2)"> <text>The appointing authority or the appointing authority’s designee bears the burden of proof in the following grievances:</text> <paragraph num="(a)"> <text>Appeal of a less than “Meets Standards” annual performance appraisal rating; and</text> </paragraph> <paragraph num="(b)"> <text>Appeal of a denial of a salary increase due to an annual performance appraisal rating.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The employee bears the burden of proof in all other grievances.</text> </paragraph> </paragraph> <paragraph num="I."> <text>An employee with an annual written performance appraisal rating equivalent to overall “Meets Standards” or higher may only grieve the evaluation up to Step Two of the grievance procedure.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Grievance Process."> <paragraph num="A."> <text>Step One. An employee shall initiate a grievance appeal in writing to the employee's appointing authority or the appointing authority's designee within 30 days of the alleged cause of complaint or knowledge of the complaint. In addition, the employee may discuss the grievance orally with the employee's supervisor within the same 30-day period. The appointing authority or the appointing authority's designee shall hear the grievance within 10 days or on a mutually agreed upon date. The appointing authority or the appointing authority's designee shall render a written decision within 20 days of hearing the grievance. If the employee chooses to appeal to Step Two, the appeal shall be filed within 10 days after receipt of the written decision.</text> </paragraph> <paragraph num="B."> <text>Step Two. An employee may appeal the grievance within 10 days to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall hear the grievance within 15 days of receipt of the appeal or on a mutually agreed upon date. The Secretary or the Secretary's designee shall render a decision within 40 days of hearing the grievance. If the employee chooses to appeal to Step Three, the appeal shall be filed within 15 days after receipt of the written decision.</text> </paragraph> <paragraph num="C."> <text>Step Three. An employee may submit the grievance complaint to the Office of Administrative Hearings on a grievance form provided by the Human Resources Office. An administrative law judge of the Office of Administrative Hearings shall render a written decision, which is binding on all parties, within 45 calendar days after a hearing is held, or within 45 days after all legal memoranda or briefs have been filed.</text> </paragraph> <paragraph num="D."> <text>An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Freedom from Reprisal."> <paragraph num="A."> <text>An employee may not be subject to coercion, discrimination, interference, reprisal, or restraint as a result of pursuing a grievance.</text> </paragraph> <paragraph num="B."> <text>An employee of the Department may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee as a result of pursuing a grievance.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)</annotation> </annotations> </chapter> <chapter num="10" heading="Employee Performance Appraisal"> <regulation prefix="Regulation" num=".01" heading="Standards."> <text>The Secretary shall establish standards for the evaluation of attendance, work quantity, work quality, and any other pertinent factors of employee performance, and may amend these standards as may be necessary from time to time.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Appraisals."> <paragraph num="A."> <text>The appointing authority or the appointing authority's designee shall ensure that written appraisals of the performance of all Career Service, Commission Plan, and Executive Service employees working under the jurisdiction of the appointing authority or the appointing authority's designee be made at least once each year.</text> </paragraph> <paragraph num="B."> <text>The performance appraisal shall be made by the employee's immediate supervisor, whenever practicable, and shall be reviewed and approved by the next level of supervision.</text> </paragraph> <paragraph num="C."> <text>The performance appraisal may be reviewed by the appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="D."> <text>The employee's immediate supervisor shall discuss the performance appraisal with the employee.</text> </paragraph> <paragraph num="E."> <text>Less-than-standard appraisals shall be reported to the appointing authority or the appointing authority's designee.</text> </paragraph> <paragraph num="F."> <text>An employee may appeal a performance appraisal or denial of salary increase in accordance with COMAR 11.02.09.</text> </paragraph> <paragraph num="G."> <text>An employee with a written performance appraisal rating equivalent to overall “meets standards” or higher may only grieve the evaluation up to Step Two of the grievance procedure outlined in COMAR 11.02.09.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02G amended effective July 12, 2010 (37:14 Md. R. 938)</annotation> </annotations> </chapter> <chapter num="11" heading="Testing for Drugs and Alcohol"> <regulation prefix="Regulation" num=".01" heading="Illegal Use of Drugs and Alcohol."> <paragraph num="A."> <text>The purpose of these regulations is to define and elaborate on the State's policy that employees are prohibited from the illegal use of drugs and from using or being under the influence of alcohol while on duty.</text> </paragraph> <paragraph num="B."> <text>In accordance with the documents incorporated by reference in Regulation .02 of this chapter, employees and applicants for employment are subject to:</text> <paragraph num="(1)"> <text>Drug and alcohol testing; and</text> </paragraph> <paragraph num="(2)"> <text>Disciplinary actions for violations of these regulations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>Governor's Executive Order 01.01.1991.16.</text> </paragraph> <paragraph num="(2)"> <text>14 CFR §61.14 (1993), as amended and published in 59 FR 7388—7389 (1994).</text> </paragraph> <paragraph num="(3)"> <text>14 CFR §63.12b (1993), as amended and published in 59 FR 7389 (1994).</text> </paragraph> <paragraph num="(4)"> <text>14 CFR §65.23 (1993), as amended and published in 59 FR 7389 (1994).</text> </paragraph> <paragraph num="(5)"> <text>14 CFR §§65.46a and 65.46b, as published in 59 FR 7389 (1994).</text> </paragraph> <paragraph num="(6)"> <text>14 CFR §§121.458 and 121.459 and 14 CFR 121, Appendix J, as published in 59 FR 7389—7396 (1994).</text> </paragraph> <paragraph num="(7)"> <text>14 CFR §135.1 (1993), as amended and published in 59 FR 7396 (1994).</text> </paragraph> <paragraph num="(8)"> <text>14 CFR §§135.253 and 135.255, as published in 59 FR 7396—7397 (1994).</text> </paragraph> <paragraph num="(9)"> <text>49 CFR 40, 382, 653, and 654, as published in 59 FR 7354—7366, 7505—7514, 7549—7557, 7589—7595, and 43000—43019 (1994).</text> </paragraph> <paragraph num="(10)"> <text>49 CFR §392.5 (1993), and the amendments published in 59 FR 7514—7515 (1994).</text> </paragraph> <paragraph num="(11)"> <text>“On-duty time” as defined in 49 CFR §395.2(8), as published in 59 FR 7515 (1994).</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §2-103, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective August 30, 1993 (20:17 Md. R. 1346)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 repealed and new Regulation .01 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 73)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 repealed and new Regulations .01 and .02 adopted effective May 8, 1995 (22:9 Md. R. 645)</annotation> </annotations> </chapter> <chapter num="12" heading="Pilot Programs, Research Projects, and Demonstration Projects"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Pilot program” means a program designed to determine whether a specified change in human resource policies, procedures, or practices results in improved human resource management.</text> </paragraph> <paragraph num="(2)"> <text>“Research or demonstration project” means a study of human resource operational methodology, a study of the effects of human resource operational policies and practices, or a study of comparative alternatives in human resource management.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General."> <paragraph num="A."> <text>Notwithstanding any other provisions of this subtitle, the Secretary may establish pilot programs, research projects, or demonstration projects in the Transportation Service.</text> </paragraph> <paragraph num="B."> <text>A pilot program, research project, or demonstration project may not exceed 5 years in length.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 27)</annotation> </annotations> </chapter> <chapter num="13" heading="Family Medical Leave"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>These regulations implement the provisions of the Family and Medical Leave Act of 1993 (FMLA) and are intended to balance the demands of the work place with the needs of families, to promote stability and economic security of families, and to promote national interests in preserving family integrity.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Chronic serious health condition” means a condition which:</text> <paragraph num="(a)"> <text>Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under the direct supervision of a health care provider;</text> </paragraph> <paragraph num="(b)"> <text>Continues over an extended period of time, including recurring episodes of a single underlying condition; and</text> </paragraph> <paragraph num="(c)"> <text>May cause episodic, rather than continuing, periods of incapacity, for example, asthma, diabetes, or epilepsy.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Continuing treatment by a health care provider” has the meaning stated in §C of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>“Employment benefits” means benefits provided or made available to employees by the Department, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions.</text> </paragraph> <paragraph num="(4)"> <text>“Equivalent position” means a position having:</text> <paragraph num="(a)"> <text>The same pay, benefits, and working conditions;</text> </paragraph> <paragraph num="(b)"> <text>The same or substantially similar duties and responsibilities;</text> </paragraph> <paragraph num="(c)"> <text>Substantially equivalent skill, effort, responsibility, and authority;</text> </paragraph> <paragraph num="(d)"> <text>The same work site or a geographically proximate work site;</text> </paragraph> <paragraph num="(e)"> <text>The same shift or an equivalent schedule; and</text> </paragraph> <paragraph num="(f)"> <text>The same opportunity for nondiscretionary payments.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Family member” means a spouse, parent, son, or daughter.</text> </paragraph> <paragraph num="(6)"> <text>“FMLA leave” means unpaid family medical leave taken under the provisions of this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Group health plan” means any plan of, or contributed to by, the Department, including a self-insured plan, to provide health care, directly or otherwise, to the Department's employees.</text> </paragraph> <paragraph num="(8)"> <text>“Health care provider” means a:</text> <paragraph num="(a)"> <text>Doctor of medicine or osteopathy who is authorized to practice medicine or surgery;</text> </paragraph> <paragraph num="(b)"> <text>Podiatrist, performing within the scope of the podiatrist's practice as defined under State law;</text> </paragraph> <paragraph num="(c)"> <text>Dentist, performing within the scope of the dentist's practice as defined under State law;</text> </paragraph> <paragraph num="(d)"> <text>Clinical psychologist, performing within the scope of the clinical psychologist's practice as defined under State law;</text> </paragraph> <paragraph num="(e)"> <text>Optometrist, performing within the scope of the optometrist's practice as defined under State law;</text> </paragraph> <paragraph num="(f)"> <text>Chiropractor, limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, performing within the scope of the chiropractor's practice as defined under State law;</text> </paragraph> <paragraph num="(g)"> <text>Nurse practitioner, nurse midwife, and clinical social worker who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;</text> </paragraph> <paragraph num="(h)"> <text>Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and</text> </paragraph> <paragraph num="(i)"> <text>Health care provider from whom a benefits manager for State of Maryland group health plans will accept certification of the existence of a serious health condition to substantiate a claim for benefits.</text> </paragraph> </paragraph> <paragraph num="(8-1)"> <text>“Incapacity” means an inability to work, attend school, or perform other regular daily activities because of a serious condition, treatment, or recovery.</text> </paragraph> <paragraph num="(9)"> <text>“Intermittent leave” means leave taken in separate periods of time due to a single illness or injury of an employee or family member.</text> </paragraph> <paragraph num="(10)"> <text>“Paid leave” means vacation, personal, compensatory, holiday, and earned sick leave.</text> </paragraph> <paragraph num="(11)"> <text>“Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child.</text> </paragraph> <paragraph num="(12)"> <text>“Physical or mental disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.</text> </paragraph> <paragraph num="(13)"> <text>“Reduced work schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.</text> </paragraph> <paragraph num="(13-1)"> <text>Return to Work.</text> <paragraph num="(a)"> <text>“Return to work” means a return to work by an employee for a period of at least 30 calendar days.</text> </paragraph> <paragraph num="(b)"> <text>“Return to work” includes cases in which an employee retires within 30 calendar days or retires directly from FMLA leave.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Serious Health Condition.</text> <paragraph num="(a)"> <text>“Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:</text> <paragraph num="(i)"> <text>Inpatient care, any subsequent treatment in connection with the inpatient care, or continuing treatment by a health care provider;</text> </paragraph> <paragraph num="(ii)"> <text>Restorative dental or plastic surgery after an injury or removal of cancerous growths if all FMLA requirements are met;</text> </paragraph> <paragraph num="(iii)"> <text>Mental illness resulting from stress or allergies, if all FMLA requirements are met; or</text> </paragraph> <paragraph num="(iv)"> <text>Substance abuse, if all FMLA requirements are met and treatment for the substance abuse is provided by a health care provider or a provider of health care services.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Serious health condition” does not include:</text> <paragraph num="(i)"> <text>Conditions for which cosmetic treatments are administered, such as most treatments for acne or plastic surgery, unless inpatient hospital care is required or complications develop;</text> </paragraph> <paragraph num="(ii)"> <text>Absences resulting from substance abuse, except as specified in §B(14)(a)(iv) of this regulation;</text> </paragraph> <paragraph num="(iii)"> <text>The common cold, the flu, earaches, upset stomach, headaches other than migraines, routine dental or orthodontic problems, periodontal disease, and other routine health problems.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(14-1)"> <text>“Son or daughter” means a biological child, adopted child, foster child, stepchild, or legal ward of a person standing in loco parentis, who is younger than 18 years old, or 18 years old or older and incapable of self-care because of a physical or mental disability.</text> </paragraph> <paragraph num="(15)"> <text>“Spouse” means a husband or wife as defined or recognized by the state in which the employee resides.</text> </paragraph> <paragraph num="(16)"> <text>“State” means any state of the United States, the District of Columbia, or a possession of the United States.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Continuing Treatment by a Health Care Provider.</text> <paragraph num="(1)"> <text>Specific.</text> <paragraph num="(a)"> <text>“Continuing treatment by a health care provider” means a situation in which the employee or family member has a serious health condition involving a period of incapacity of more than 3 consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, and that also involves treatment:</text> <paragraph num="(i)"> <text>Two or more times by a health care provider, a nurse or physician's assistant under the direct supervision of a health care provider, or a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider; or</text> </paragraph> <paragraph num="(ii)"> <text>By a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In this subsection, “treatment” includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of that condition. “Treatment” does not include routine physical, eye, or dental examinations.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>General. “Continuing treatment by a health care provider” also means a period of:</text> <paragraph num="(a)"> <text>Incapacity for pregnancy or for prenatal care;</text> </paragraph> <paragraph num="(b)"> <text>Incapacity or treatment for the incapacity due to a chronic serious health condition;</text> </paragraph> <paragraph num="(c)"> <text>Incapacity which is permanent or long-term due to a condition for which treatment may not be effective, and for which the employee or family member is under the continuing treatment of, but not necessarily receiving active treatment from, a health care provider, for example, Alzheimer's disease or a severe stroke;</text> </paragraph> <paragraph num="(d)"> <text>Absence taken to receive multiple treatments, including periods of recovery, from a health care provider or by a provider of health care services under the orders of, or on referral by, a health care provider.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility and Use."> <paragraph num="A."> <text>In order to be entitled to FMLA leave, an employee shall have a minimum of 12 months employment with the State.</text> </paragraph> <paragraph num="B."> <text>An employee may not be disqualified on the basis that fewer than 50 employees work within a 75-mile radius of the work site.</text> </paragraph> <paragraph num="C."> <text>FMLA leave may be used for:</text> <paragraph num="(1)"> <text>The birth of a child and subsequent care;</text> </paragraph> <paragraph num="(2)"> <text>The care of a child placed with the employee for adoption or foster care;</text> </paragraph> <paragraph num="(3)"> <text>The care of a seriously ill spouse, child, or parent; or</text> </paragraph> <paragraph num="(4)"> <text>A serious health condition that makes an employee unable to perform the essential functions of the employee's position.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Employees may use up to 12 weeks of unpaid leave under these regulations within a 12-month period.</text> </paragraph> <paragraph num="E."> <text>Calculation of the 12-Month Period.</text> <paragraph num="(1)"> <text>The 12-month period is calculated backward from the date FMLA leave is first taken under this policy.</text> </paragraph> <paragraph num="(2)"> <text>The Department may change to another method of calculating the 12-month period by giving at least 60 days notice to employees and ensuring that the change takes place in such a way that employees retain the full benefit of 12 weeks of FMLA leave.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Employees requesting leave under these regulations shall first use any available paid leave, which shall be deducted from the 12-week maximum entitlement set forth in §D of this regulation.</text> </paragraph> <paragraph num="G."> <text>Except for work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), any leave used before a request for FMLA leave may not be deducted from the employee's FMLA entitlement set forth in §D of this regulation.</text> </paragraph> <paragraph num="H."> <text>Work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), used during the 12-month period specified in §D of this regulation, shall automatically be counted against the employee's entitlement set forth in §D of this regulation.</text> </paragraph> <paragraph num="I."> <text>Employees shall continue to accrue leave, service credits, and other benefits under the provisions of this subtitle during paid leave.</text> </paragraph> <paragraph num="J."> <text>The entire 12 weeks of family medical leave taken for the birth of a child or the placement of a child for adoption or foster care shall be taken within 12 months of the birth or placement.</text> </paragraph> <paragraph num="K."> <text>A husband and wife shall be allowed a total of 12 weeks of FMLA leave for the birth of a child or the placement of a child for adoption or foster care.</text> </paragraph> <paragraph num="L."> <text>An employee may not be required to take a position with reasonable accommodation instead of FMLA leave entitlement.</text> </paragraph> <paragraph num="M."> <text>An employee may not be required to take FMLA leave instead of reasonable accommodation.</text> </paragraph> <paragraph num="N."> <text>An employee who has exhausted FMLA leave entitlement shall retain any applicable right to reasonable accommodation.</text> </paragraph> <paragraph num="O."> <text>An employee's rights under these regulations remain in effect until the employee gives unequivocal notice of intent not to return to work.</text> </paragraph> <paragraph num="P."> <text>Except as specified in §H of this regulation, leave previously taken for which the employee would have been entitled to FMLA leave may not be designated as FMLA leave after the leave has ended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Continuation of Health Care Benefits."> <paragraph num="A."> <text>During the period of FMLA leave, the employee shall be entitled to continuation of health benefits coverage, and shall be entitled to any added coverage or changes in health care benefits that are made available to other employees.</text> </paragraph> <paragraph num="B."> <text>During periods in which the employee is receiving pay, the employee's share of health insurance premiums shall continue to be deducted from the employee's pay.</text> </paragraph> <paragraph num="C."> <text>During periods of unpaid FMLA leave, the Department shall pay both the employer and employee portions of health insurance premiums.</text> </paragraph> <paragraph num="D."> <text>Within six pay periods of the employee's return to work, the employee shall reimburse the Department for the employee's portion paid by the Department while on unpaid leave. Repayment shall be by payroll deduction unless the employee elects to make repayment by lump sum.</text> </paragraph> <paragraph num="E."> <text>If the employee does not return to work, the employee shall repay both the employee's and the Department's portion of any health insurance premiums paid by the Department during periods of unpaid FMLA leave. The employee may elect to repay the Department either by a lump sum or by a mutually agreeable payment plan.</text> </paragraph> <paragraph num="F."> <text>Employee Not Returning to Work Due to Serious Health Condition.</text> <paragraph num="(1)"> <text>The Department may not require the employee to repay health insurance premiums paid by the Department if the employee does not return to work due to a serious health condition that would entitle the employee to FMLA leave or because of other circumstances beyond the employee's control.</text> </paragraph> <paragraph num="(2)"> <text>If an employee does not return to work due to a serious health condition of the employee or a family member, the Department may require medical certification of the serious health condition.</text> </paragraph> <paragraph num="(3)"> <text>If the certification specified in §E(1) of this regulation is not provided within 30 days, the employee may be required to repay the Department all costs of health insurance payments made during unpaid FMLA leave.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Restoration to Work."> <paragraph num="A."> <text>An employee returning from FMLA leave shall be returned to the employee's former position or an equivalent position.</text> </paragraph> <paragraph num="B."> <text>If special qualifications that are required for the position have lapsed during the employee's leave, the employee shall be given reasonable opportunity to fulfill the requirements after returning to work.</text> </paragraph> <paragraph num="C."> <text>An employee returning to work has no greater right to the employee's former job or an equivalent position, or to other benefits, than if the employee had been continuously employed during the period of leave.</text> </paragraph> <paragraph num="D."> <text>An employee who is hired for a specific term, or only to perform work on a specific project, has no right to the employee's former job or an equivalent position if the employment term or project is over and the employer would not otherwise have continued employment.</text> </paragraph> <paragraph num="E."> <text>Employees who did not choose to continue health care coverage or other employer-provided insurance coverage during periods of FMLA leave shall have benefits resumed at the same level as when leave began without a new qualification period.</text> </paragraph> <paragraph num="F."> <text>If an employee is unable to perform an essential function of the employee's former position or an equivalent position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the provisions of the Americans with Disabilities Act shall apply, as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Certification by Health Care Provider."> <paragraph num="A."> <text>If the certification required by this regulation is not provided by the health care provider, the Department may deny FMLA leave until the certification is received.</text> </paragraph> <paragraph num="B."> <text>Leave to Care for Family Member.</text> <paragraph num="(1)"> <text>The Department may require an employee applying for FMLA leave to care for a family member to provide certification from a health care provider that the employee is needed to care for the family member.</text> </paragraph> <paragraph num="(2)"> <text>Care for a family member includes providing psychological comfort and arranging for third-party care.</text> </paragraph> <paragraph num="(3)"> <text>Certification by a health care provider shall indicate that:</text> <paragraph num="(a)"> <text>Third-party care is necessary for the family member; or</text> </paragraph> <paragraph num="(b)"> <text>The employee's presence would provide psychological comfort and be beneficial to the family member.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Employee Serious Health Condition.</text> <paragraph num="(1)"> <text>The Department shall require an employee applying for FMLA leave to provide certification from a health care provider that the employee has a serious health condition and is unable to perform the function of the employee's job.</text> </paragraph> <paragraph num="(2)"> <text>The Department may require the employee to obtain a second opinion from a health care provider not employed by the Department.</text> </paragraph> <paragraph num="(3)"> <text>If the first and second opinions differ, the Department may require a third opinion from a health care provider mutually selected by the employee and the Department.</text> </paragraph> <paragraph num="(4)"> <text>The cost of second and third opinions shall be paid by the employing administration.</text> </paragraph> <paragraph num="(5)"> <text>Pending receipt of the second or third opinions, the employee is provisionally entitled to FMLA leave.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the need for FMLA leave is foreseeable and certification is not provided within 15 days of the Department's request for certification, the leave may be denied until certification is received.</text> </paragraph> <paragraph num="E."> <text>Recertification. The Department may not require recertification of FMLA leave status more frequently than every 30 days unless:</text> <paragraph num="(1)"> <text>The employee requests an extension;</text> </paragraph> <paragraph num="(2)"> <text>Circumstances regarding the illness or injury change significantly; or</text> </paragraph> <paragraph num="(3)"> <text>New information casts doubt upon the validity of the most recent certification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fitness for Duty."> <paragraph num="A."> <text>An administration may require fitness for duty certification for employees who return to work from FMLA leave only if the administration has a uniformly applied policy or procedure that requires employees in the same occupation and with the same serious health condition who take FMLA leave for this condition to obtain and present certification from the employee's health care provider that the employee is able to resume work.</text> </paragraph> <paragraph num="B."> <text>A fitness for duty certification is only in regard to the particular health condition that caused the employee's need for FMLA leave.</text> </paragraph> <paragraph num="C."> <text>A fitness for duty medical evaluation shall be job related.</text> </paragraph> <paragraph num="D."> <text>The department may not require a second or third opinion for a fitness for duty certification.</text> </paragraph> <paragraph num="E."> <text>The Department shall notify an employee applying for FMLA leave that a fitness for duty certification is required before the employee returns to work.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Intermittent FMLA Leave and Reduced Work Schedules."> <paragraph num="A."> <text>Intermittent FMLA leave or a reduced work schedule due to a serious health condition of an employee or family member may be arranged when medically necessary. Medical necessity includes planned medical treatment and recovery from serious health conditions.</text> </paragraph> <paragraph num="B."> <text>Intermittent leave or a reduced work schedule for birth or placement of a child for adoption or foster care may be taken with the Department's consent.</text> </paragraph> <paragraph num="C."> <text>An employee who requests intermittent FMLA leave may be temporarily reassigned to an alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.</text> </paragraph> <paragraph num="D."> <text>An alternative position has equivalent pay and benefits but does not necessarily have equivalent duties. However, benefits earned based upon hours worked, such as vacation and sick leave, are reduced accordingly.</text> </paragraph> <paragraph num="E."> <text>The Department may request the employee to provide the reason why the leave must be taken on an intermittent leave or reduced work schedule basis, and the schedule for treatment, if applicable.</text> </paragraph> <paragraph num="F."> <text>An employee requesting intermittent FMLA leave or a reduced work schedule due to a serious health condition may be required to provide certification from the health care provider that the leave is medically necessary. The expected duration and schedule of the leave must also be provided.</text> </paragraph> <paragraph num="G."> <text>Only the leave actually taken is counted toward the 12-week entitlement. The amount of FMLA leave used is calculated based upon the proportion of the normal workweek. If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks before the beginning of the leave period is used for calculating the employee's normal workweek.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 12, 1994 (21:18 Md. R. 1509)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="Maryland Aviation Administration"> <chapter num="01" heading="Baltimore/Washington International Thurgood Marshall Airport"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned” means forsake, desert, give up and surrender one’s claim or right.</text> </paragraph> <paragraph num="(2)"> <text>“Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to the Transportation Article, §2-102(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Air carrier” means the commercial system of air transportation consisting of the certified air carriers, supplemental air carriers, and commercial operators of large aircraft.</text> </paragraph> <paragraph num="(4)"> <text>“Airfield operator's permit” means a license issued by the Maryland Aviation Administration for operating motor vehicles, loading bridges, or any other motorized equipment on the air operations area.</text> </paragraph> <paragraph num="(5)"> <text>“Air operations area” means the nonmovement area (taxilanes, loading ramps, apron, parking, cargo areas, and vehicle service roads within the airport operations area used for servicing aircraft and movement of vehicles), and movement area (runways, taxiways, and other areas of the Airport which are used for taxiing, takeoff, and landing of aircraft).</text> </paragraph> <paragraph num="(6)"> <text>“Airport” means Baltimore/Washington International Thurgood Marshall Airport (BWI), owned by the State of Maryland and operated by the Maryland Aviation Administration, as it exists or may be developed.</text> </paragraph> <paragraph num="(7)"> <text>“Airport Director” means the Executive Director or the Executive Director's designated representative.</text> </paragraph> <paragraph num="(8)"> <text>“Airport police” means any person vested with a police power of arrest on the Airport and providing police services on behalf of the Maryland Aviation Administration, either as an employee of the Administration or under contract to the Administration.</text> </paragraph> <paragraph num="(9)"> <text>“Airport police office” means an office established in the Airport terminal by the Maryland Aviation Administration for use by the Airport police.</text> </paragraph> <paragraph num="(10)"> <text>“Airport taxicab” means a taxicab driven by an authorized person who is working for, or under contract to, the authorized Airport taxicab concessionaire.</text> </paragraph> <paragraph num="(11)"> <text>“Airport taxicab concessionaire” means a company, partnership, corporation, or proprietorship which holds a contract with the Administration for the provision of taxicab service at the Airport.</text> </paragraph> <paragraph num="(12)"> <text>“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the Maryland Aviation Administration.</text> </paragraph> <paragraph num="(13)"> <text>“Authorized signatory” means an individual designated by an Airport tenant or contractor and approved by the Administration to sign for the company and verify that each identification badge applicant for the company has a continuous need for an Airport identification badge.</text> </paragraph> <paragraph num="(14)"> <text>“Bus” means a motor vehicle operated by an appropriately authorized agent on a fixed route and predetermined schedule to and from the Airport.</text> </paragraph> <paragraph num="(15)"> <text>“Combustible liquid” means any liquid that has a closed cup flash point at or above 100°F.</text> </paragraph> <paragraph num="(16)"> <text>“Commercial activity” means the sale, exchange, trading, buying, merchandising, hiring, marketing, promotion, or selling of commodities, goods, services, or property of any kind, or any revenue-producing activity.</text> </paragraph> <paragraph num="(17)"> <text>“Commercial vehicle” means any vehicle operated in connection with a commercial activity at the Airport as defined by §B(14) of this regulation and Regulation .06A of this chapter.</text> </paragraph> <paragraph num="(18)"> <text>“Courtesy service” means the operation of a business involving transportation of persons, baggage, or message/package delivery to or from the Airport in a courtesy vehicle.</text> </paragraph> <paragraph num="(19)"> <text>“Courtesy vehicle” means a vehicle operated to and from the Airport by a person for the transportation or convenience of its patrons or by a business whose airport activity is directly related to an off-Airport commercial activity.</text> </paragraph> <paragraph num="(20)"> <text>“Curbside” means the curb of the upper or lower motor vehicle ramp adjacent to the terminal building.</text> </paragraph> <paragraph num="(21)"> <text>“Deadheading” means a taxicab being driven to the Airport without a paying passenger in the taxicab.</text> </paragraph> <paragraph num="(22)"> <text>“Derelict vehicle” means very poor condition as a result of disuse and neglect.</text> </paragraph> <paragraph num="(23)"> <text>“Department” means the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(24)"> <text>“Division” means the Division of Transportation and Terminal Services of the Maryland Aviation Administration.</text> </paragraph> <paragraph num="(25)"> <text>“Domestic animal” means any animal of a species usually domesticated in the United States and customarily found in the home.</text> </paragraph> <paragraph num="(26)"> <text>“Executive Director” means the Executive Director of the Maryland Aviation Administration, whose office is established pursuant to Transportation Article, §5-202.1, Annotated Code of Maryland, or the Executive Director's authorized representative.</text> </paragraph> <paragraph num="(27)"> <text>Fire Marshal.</text> <paragraph num="(a)"> <text>“Fire marshal” means an individual from the Airport Fire Marshal's Office or a fire prevention inspector who is employed by the BWI Airport Fire and Rescue Department.</text> </paragraph> <paragraph num="(b)"> <text>“Fire marshal” includes any designated representative of the State Fire Marshal's Office.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“Fire Prevention Code” means the State Fire Prevention Code as defined in COMAR 29.06.01.</text> </paragraph> <paragraph num="(29)"> <text>“Flammable liquid” means any liquid that has a closed cup flash point below 100ºF.</text> </paragraph> <paragraph num="(30)"> <text>“Grace period” means a period of time not to exceed 120 minutes for which on-Airport rental car businesses do not charge fees for late returns of rental cars.</text> </paragraph> <paragraph num="(31)"> <text>Gross Revenue — Off-Airport Rental Car Business.</text> <paragraph num="(a)"> <text>“Gross revenue — off-Airport rental car business” means all monies paid or payable from Airport customers to the off-Airport rental car business for the rental of its vehicles, or any vehicle-related item or service under a rental agreement with car pick up at the off-Airport site:</text> <paragraph num="(i)"> <text>Regardless of the ownership, area fleet, or location assignment of the vehicles;</text> </paragraph> <paragraph num="(ii)"> <text>Without regard to the manner in which, or place at which, the vehicles are furnished to the rental car business' customers; and</text> </paragraph> <paragraph num="(iii)"> <text>Without regard to whether the vehicles are returned to the off-Airport site or to some other location.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Gross revenue — off-Airport rental car business” includes the total amount billed by the rental car business on its Airport customer invoices, including any separately stated fees and charges related to its rental car business at the off-Airport site.</text> </paragraph> <paragraph num="(c)"> <text>“Gross revenue — off-Airport rental car business” does not include:</text> <paragraph num="(i)"> <text>Federal, State, or local sales, or similar taxes, which are separately stated and collected from customers;</text> </paragraph> <paragraph num="(ii)"> <text>Amounts received as insurance proceeds, or otherwise, for damages to vehicles and other property;</text> </paragraph> <paragraph num="(iii)"> <text>Sums received for loss, conversion, or abandonment of its vehicles;</text> </paragraph> <paragraph num="(iv)"> <text>Sums received from customers under its right to recover from its customers for damages to the rented vehicles to the extent the charges do not exceed the actual cost of repair or replacement;</text> </paragraph> <paragraph num="(v)"> <text>Proceeds from the sale of its vehicles;</text> </paragraph> <paragraph num="(vi)"> <text>Revenues realized as reimbursement for refueling a vehicle rented pursuant to a rental agreement under which the customer is obligated to return the vehicle with the same amount of gasoline furnished at the inception of the rental; and</text> </paragraph> <paragraph num="(vii)"> <text>Revenues realized from advance charges to customers for fuel, pursuant to a rental agreement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(32)"> <text>“Grounding or bonding” means providing a conductive path to equalize the potential static electricity between fueling equipment and aircraft by use of a cable.</text> </paragraph> <paragraph num="(33)"> <text>“Hazardous waste” means those wastes which are listed by the U.S. Environmental Protection Agency (EPA) or possess the qualities as specified by the EPA in accordance with its criteria as set forth in the Resource Conservation Recovery Act (RCRA) and as defined in COMAR 26.13.02.03.</text> </paragraph> <paragraph num="(34)"> <text>“IBC” has the meaning stated in COMAR 05.02.07.03B(7).</text> </paragraph> <paragraph num="(35)"> <text>“Identification badge” means an official identity card or badge used for the purpose of entering the air operations area and other restricted areas of the Airport, issued and approved by the Administration for Airport employees.</text> </paragraph> <paragraph num="(36)"> <text>“Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization:</text> <paragraph num="(a)"> <text>That is acceptable to the authority having jurisdiction and is concerned with product evaluation;</text> </paragraph> <paragraph num="(b)"> <text>That maintains periodic inspection of production of labeled equipment or materials; and</text> </paragraph> <paragraph num="(c)"> <text>By whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.</text> </paragraph> </paragraph> <paragraph num="(37)"> <text>“Law enforcement officer” means any person vested with a police power of arrest under federal, State, county, or city authority, and generally identifiable by uniform, badge, or other indicia of authority.</text> </paragraph> <paragraph num="(38)"> <text>“Limousine” means any motor vehicle having a rated seating capacity of six or more persons, not including the driver, operating to and from the Airport in accordance with a valid certificate issued by the appropriate governmental agency.</text> </paragraph> <paragraph num="(39)"> <text>“Listed” means equipment, materials, or services included in a list published by an organization:</text> <paragraph num="(a)"> <text>That is acceptable to the authority having jurisdiction and concerned with evaluation of products or services;</text> </paragraph> <paragraph num="(b)"> <text>That maintains periodic inspection of production of listed equipment or materials; and</text> </paragraph> <paragraph num="(c)"> <text>Whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose.</text> </paragraph> </paragraph> <paragraph num="(40)"> <text>“Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except a device moved by human or animal power and except aircraft and devices moved exclusively upon stationary rails or tracks.</text> </paragraph> <paragraph num="(41)"> <text>“Movement area” means the runways, taxiways, and other areas of the Airport that are used for taxiing, takeoff, and landing of aircraft, wherein movement of aircraft is under the control of the Federal Aviation Administration.</text> </paragraph> <paragraph num="(42)"> <text>“NFPA” has the meaning stated in COMAR 29.06.01.05B(5).</text> </paragraph> <paragraph num="(43)"> <text>“Non-Airport taxicab” means any properly licensed taxicab other than an “Airport taxicab”.</text> </paragraph> <paragraph num="(44)"> <text>“Nonmovement area” means the taxilanes, loading ramps, apron, parking, cargo areas, and vehicle service roads within the air operations area used for servicing aircraft and movement of vehicles exclusive of the movement area.</text> </paragraph> <paragraph num="(45)"> <text>“Off-Airport commercial activity” means a commercial activity operated by a business not physically located on Airport property that derives revenue in whole or in part from Airport customers.</text> </paragraph> <paragraph num="(46)"> <text>“Off-Airport rental car business” means a rental car business which:</text> <paragraph num="(a)"> <text>Is not located on Airport property; and</text> </paragraph> <paragraph num="(b)"> <text>Utilizes vehicles to transport Airport patrons to or from the off-Airport rental car business to or from the Airport consolidated rental car facility.</text> </paragraph> </paragraph> <paragraph num="(47)"> <text>“Office of Administrative Hearings (OAH)” means the unit within Maryland's Executive Branch responsible for scheduling and conducting administrative hearings.</text> </paragraph> <paragraph num="(48)"> <text>“On-Airport” means property at Baltimore/Washington International Thurgood Marshall Airport which is owned by the State and operated by the Maryland Aviation Administration or its contractors, as it exists or may be developed.</text> </paragraph> <paragraph num="(49)"> <text>“On-Airport rental car business” has the same meaning as “rental vehicle company” stated in Transportation Article, §18-108(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(50)"> <text>“Operator” means any person who is in actual physical control of an aircraft or a motor vehicle.</text> </paragraph> <paragraph num="(51)"> <text>“Owner” means a person who holds the legal title of an aircraft or a motor vehicle. If the aircraft or motor vehicle is the subject of conditional sale or lease, with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the conditional vendee or lessee or anyone in possession of an aircraft or motor vehicle on the Airport or, if a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee, or mortgagor shall be deemed the owner.</text> </paragraph> <paragraph num="(52)"> <text>“Permit” means a courtesy/commercial vehicle permit or decal issued to a person or a qualified business permitting use of designated Airport property for conducting commercial activity or courtesy service.</text> </paragraph> <paragraph num="(53)"> <text>“Permit holder” means a qualified business that:</text> <paragraph num="(a)"> <text>Owns, operates, or authorizes a person to operate a permitted commercial or courtesy vehicle as defined in §§B(17) and (19) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Is granted authority to operate commercial and courtesy vehicles by the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.</text> </paragraph> </paragraph> <paragraph num="(54)"> <text>“Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative or employee of one.</text> </paragraph> <paragraph num="(55)"> <text>“Privilege fee” means a certain percent of gross revenue imposed on an off-Airport rental car business by the Administration for the privilege granted to the business to operate a commercial activity on and at the Airport.</text> </paragraph> <paragraph num="(56)"> <text>“Regulations” means these regulations as amended and supplemented.</text> </paragraph> <paragraph num="(57)"> <text>“Restricted area” means airport areas where access by the general public is prohibited or limited to authorized persons only with a business need.</text> </paragraph> <paragraph num="(58)"> <text>“Soliciting” means conducting unauthorized commercial activity including, but not limited to, generating business by speaking, distributing printed material, or any other means.</text> </paragraph> <paragraph num="(59)"> <text>“Solid waste” means any garbage, refuse, sludge, solid, liquid, semisolid, or contained gaseous materials which are the by-products of commercial activity, as defined under COMAR 26.03.03 and 26.13.02.</text> </paragraph> <paragraph num="(60)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(61)"> <text>“Terminal” means any passenger terminal facility at the Airport, including all roadways and parking facilities associated with it.</text> </paragraph> <paragraph num="(62)"> <text>“Traffic” means pedestrians and vehicles, singly or together, using any Airport area.</text> </paragraph> <paragraph num="(63)"> <text>“Transportation facility charge” means amounts collected by on-Airport rental car businesses to recover actual operation and maintenance costs related to operating a common shuttle bus fleet and a common bus maintenance facility at the Airport.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this subtitle, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>NFPA 1, Uniform Fire Code, as incorporated by reference in COMAR 29.06.01.06B(1) and as amended in COMAR 29.06.01.08 and .09.</text> </paragraph> <paragraph num="(2)"> <text>A compendium of Codes and Standards referenced in NFPA 1 as incorporated by reference in COMAR 29.06.01.06B(2) and as amended in COMAR 29.06.01.07, including:</text> <paragraph num="(a)"> <text>National Electrical Code (NFPA 70);</text> </paragraph> <paragraph num="(b)"> <text>Life Safety Code (NFPA 101);</text> </paragraph> <paragraph num="(c)"> <text>Standard for Aircraft Fuel Servicing (NFPA 407);</text> </paragraph> <paragraph num="(d)"> <text>Standard on Aircraft Hangars (NFPA 409);</text> </paragraph> <paragraph num="(e)"> <text>Standard on Aircraft Maintenance (NFPA 410); and</text> </paragraph> <paragraph num="(f)"> <text>Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways (NFPA 415).</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The International Building Code as incorporated by reference in COMAR 29.06.01.06B(3).</text> </paragraph> <paragraph num="(4)"> <text>29 CFR §1910.1200 Toxic and Hazardous Substances, as amended.</text> </paragraph> <paragraph num="(5)"> <text>The certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone, consisting of the 65, 70, and 75 Ldn contours overprinted on county tax maps as indicated below:</text> <paragraph num="(a)"> <text>Airport Noise Zone Map;</text> </paragraph> <paragraph num="(b)"> <text>Tax Map Index;</text> </paragraph> <paragraph num="(c)"> <text>Anne Arundel County Tax Maps 3, 4, 7, 8, 9, and 15;</text> </paragraph> <paragraph num="(d)"> <text>Howard County Tax Map 44.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The Martin State Airport — Airport Noise Zone, certified by the Executive Director, and consisting of the 65, 70, and 75 Ldn contours overprinted on county tax maps as indicated below:</text> <paragraph num="(a)"> <text>Airport Noise Zone Map;</text> </paragraph> <paragraph num="(b)"> <text>Tax Map index;</text> </paragraph> <paragraph num="(c)"> <text>Baltimore County Tax Maps 90 and 91.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Airport Design (U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 150/5300-13, September 29, 1989, and Changes 1 through 12, January 3, 2008.</text> </paragraph> <paragraph num="(8)"> <text>Heliport Design (U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 150/5390-2B, September 30, 2004.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Incorporation by Reference Locations. Due to limited distribution, the documents incorporated by reference in §B(1), (2), and (3) of this regulation are available for inspection at the following depositories only:</text> <paragraph num="(1)"> <text>Department of Legislative Services, 90 State Circle, Annapolis, MD 21401, (410) 946-5400;</text> </paragraph> <paragraph num="(2)"> <text>Maryland State Law Library, Courts of Appeal Building, 361 Rowe Boulevard, Annapolis, MD 21401, (410) 260-1430;</text> </paragraph> <paragraph num="(3)"> <text>Marshall Law Library, University of Maryland School of Law, 501 West Fayette Street, Baltimore, MD 21201, (410) 706-6502;</text> </paragraph> <paragraph num="(4)"> <text>Hornbake Library, University of Maryland, Marylandia & Rare Books Department, College Park, MD 20742, (301) 405-9210; and</text> </paragraph> <paragraph num="(5)"> <text>State Library Resource Center, Enoch Pratt Free Library, 400 Cathedral Street, Baltimore, MD 21201, (410) 396-1789.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Aircraft Rules."> <paragraph num="A."> <text>Negligent Operations Prohibited.</text> <paragraph num="(1)"> <text>Operating an aircraft in a careless or negligent manner or in disregard of the rights and safety of others, or without due caution and circumspection or at a speed or in a manner which does or is likely to endanger persons or property, is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Operation of an aircraft that is so constructed, equipped, or loaded as to endanger or is likely to endanger persons or property is prohibited.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Compliance with Orders.</text> <paragraph num="(1)"> <text>All aeronautical activities at the Airport shall conform to the current applicable provisions of the Federal Aviation Administration Regulations and Orders, applicable State law, regulations, and orders issued by the Administration or an air traffic controller on duty in the Control Tower.</text> </paragraph> <paragraph num="(2)"> <text>All aircraft operated from the Airport, except aircraft specifically exempt from these requirements by law, shall be registered with the Federal Aviation Administration and shall have a Federal Aviation Administration certificate of air worthiness.</text> </paragraph> <paragraph num="(3)"> <text>The owner of any aircraft based or hangared at the Airport may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.</text> </paragraph> <paragraph num="(4)"> <text>The liability insurance policy shall provide coverage for at least $50,000 bodily injury per individual and $100,000 bodily injury per accident, and $50,000 property damage protection.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Payment of Aircraft Fees. All aircraft operators, upon landing or before take-off, shall register with the Airport Director's office at the terminal building or with the fixed base operator to pay the commercial fees established by the Administration and to receive receipt of payment. Operators of scheduled air carriers operating under special lease contracts or those operators who have established other payment arrangements with the Administration are exempt from these requirements.</text> </paragraph> <paragraph num="D."> <text>Denial of Use of Airport. The Airport Director may deny the use of the Airport to any pilot in violation of these regulations and shall have the authority to close the Airport or any portion of it to air operations or to any specific aircraft or class of aircraft, if in his opinion the use of the Airport by the aircraft might endanger persons or property or jeopardize the operational efficiency of the Airport.</text> </paragraph> <paragraph num="E."> <text>Aircraft Accidents.</text> <paragraph num="(1)"> <text>Any person operating an aircraft who is involved in an accident on the Airport resulting in injury to any person or damage to any property, shall stop the aircraft at the scene of the accident, notify the Control Tower and the Airport Director, and comply with applicable provisions of Part 430, National Transportation Safety Board Regulations.</text> </paragraph> <paragraph num="(2)"> <text>Aircraft operators who are involved in accidents on the Airport, and the owner of the aircraft, if other than the operator, shall make a full written report of the accident to the Airport Director within 24 hours after the accident, or as soon as possible, and shall include the names and addresses of the individuals involved, the registration and license number of the aircraft involved, the name of the insurance company shown on the liability insurance policy, the binder or policy number, and all other information relevant to the accident.</text> </paragraph> <paragraph num="(3)"> <text>An aircraft involved in an accident may not be removed from the scene of the accident until clearance to do so has been granted by the Federal Aviation Administration, the National Transportation Safety Board, and the Administration.</text> </paragraph> <paragraph num="(4)"> <text>Damage to any airfield lighting equipment or fixtures by means of contact with an aircraft shall be reported immediately to the Airport Director by the individual involved who is fully responsible for damage as covered in §F of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Damage to Airport.</text> <paragraph num="(1)"> <text>In the event of damage to Airport property from any type of accident, crash, or fire, or resulting from any malfunction or operation, the owner or operator of the aircraft involved is responsible to the Administration for the damage, the amount of which is to be ascertained by the Executive Director who shall require payment by the owner or operator.</text> </paragraph> <paragraph num="(2)"> <text>If the owner or operator fails or refuses to pay the amount of the claim for damage, a full report of the circumstances on which the claim is based and a copy of the claim shall be forwarded to counsel for the Administration, who may institute all necessary legal proceedings for collection of the claim.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Removal of Disabled Aircraft.</text> <paragraph num="(1)"> <text>Aircraft owners, operators, and Airport tenants promptly shall remove disabled aircraft and parts of disabled aircraft from the Airport unless required or directed to delay removal by the Administration or a federal agency.</text> </paragraph> <paragraph num="(2)"> <text>Disabled aircraft may not block the air operations area unnecessarily. When a disabled aircraft is blocking or delaying the opening or use of any portion of the air operations areas, the owner or operator of the aircraft shall make immediate arrangements to have the aircraft moved. If removal of the aircraft is not initiated as soon as is reasonably possible or is not progressing at a reasonable rate, the Airport Director may have the aircraft moved at the expense and risk of the owner.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Enplaning and Deplaning.</text> <paragraph num="(1)"> <text>Passengers and cargo shall be enplaned and deplaned only in areas designated by the Administration. If an aircraft is loaded or unloaded at ground level, passengers shall be channeled through established routes across the aircraft apron area under the direction and supervision of the aircraft owner or operator or designated representatives of the aircraft owner or operator.</text> </paragraph> <paragraph num="(2)"> <text>General aviation and noncommercial aircraft operators using the terminal apron facilities for loading or unloading passengers and cargo shall obtain prior permission from the Airport Director. The operator also shall make prior arrangements for ground and passenger services including sky cap services for passenger luggage.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Cleaning and Maintaining Aircraft. Aircraft cleaning, painting, washing, polishing, or other maintenance shall be conducted only in the areas and under the conditions designated by the Administration's representative according to NFPA 1 Uniform Fire Code.</text> </paragraph> <paragraph num="J."> <text>Refusal of Clearance. The Airport Director may prohibit aircraft operations when, in the Director's judgment, conditions are such that continued operations would be unsafe or unwise. The Airport Director has the authority to issue a Notice to Airmen (NOTAM) to close or open the Airport, or any portion of it.</text> </paragraph> <paragraph num="K."> <text>Radio Communication. Operating aircraft shall be equipped with functioning two-way radio, tunable to and capable of operating on the appropriate frequencies for Tower and Ground Control. Persons who land in emergencies without radio equipment shall obtain departure approval from the Airport Director and the Control Tower.</text> </paragraph> <paragraph num="L."> <text>Aircraft Equipment. Fixed wing aircraft operated on the Airport shall be equipped with a tail or nose wheel, and wheel brakes.</text> </paragraph> <paragraph num="M."> <text>Landing and Taking Off.</text> <paragraph num="(1)"> <text>Operators taking off an aircraft from the Airport shall do so only on the runway or helipad assigned by, and after clearance has been obtained from, the Control Tower.</text> </paragraph> <paragraph num="(2)"> <text>Operators landing an aircraft shall comply fully with the air traffic control instructions and runway assignments given by the Control Tower.</text> </paragraph> <paragraph num="(3)"> <text>Locked wheel turns are prohibited.</text> </paragraph> <paragraph num="(4)"> <text>All persons operating aircraft in the Airport control zone as described in the Airman's Information Manual shall comply with current established traffic control procedures and shall operate within established traffic patterns as promulgated jointly by the Federal Aviation Administration (FAA) and the Airport Director, unless specifically authorized to do otherwise by the FAA Control Tower.</text> </paragraph> <paragraph num="(5)"> <text>Simulated emergencies which require special handling by the Control Tower are prohibited within the Airport control zone as described in the Airman's Information Manual.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Airport Marking and Lighting. All aircraft operations shall obey all Airport lighting and pavement marking signals.</text> </paragraph> <paragraph num="O."> <text>Motorless Aircraft. Landing at or taking off from the Airport in a motorless aircraft is prohibited except in cases where prior permission has been granted by the Airport Director and clearance has been obtained from the Control Tower.</text> </paragraph> <paragraph num="P."> <text>Student Pilots.</text> <paragraph num="(1)"> <text>Student pilots who operate aircraft on the Airport shall be accompanied by a certificated flight instructor unless they are certified as competent to conduct solo operations by the chief instructor of any flight school based at the Airport under a formal lease agreement with the Administration. Student pilots who conduct solo flight operations are required to give prior notice of their student status to Air Traffic Control (e.g., “Cessna 1234—Student pilot requesting landing clearance”).</text> </paragraph> <paragraph num="(2)"> <text>A student pilot may not make his initial solo flight at the Airport.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Airport Operational Restrictions.</text> <paragraph num="(1)"> <text>The following types of operations may be conducted at the Airport only with the prior authorization of the Airport Director:</text> <paragraph num="(a)"> <text>Training flights;</text> </paragraph> <paragraph num="(b)"> <text>Experimental or demonstration flights;</text> </paragraph> <paragraph num="(c)"> <text>Air shows involving stunt flying or aerobatics.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Equipment demonstrations on the ground also require the prior authorization of the Airport Director.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Starting and Running Aircraft Engines.</text> <paragraph num="(1)"> <text>Starting, running, or operating an aircraft by persons other than licensed pilots, licensed mechanics, or student pilots, is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>It is prohibited to start an aircraft engine unless blocks or chocks are placed in front of the wheels or unless parking brakes are in the applied position.</text> </paragraph> <paragraph num="(3)"> <text>Aircraft engines may be operated only in places designated by the Administration. Unnecessary engine running is prohibited.</text> </paragraph> <paragraph num="(4)"> <text>Run-up of jet or turboprop engines (for purposes other than take-off preparation) is prohibited except in areas and at times designated by the Airport Director.</text> </paragraph> <paragraph num="(5)"> <text>It is prohibited to leave an aircraft unattended with engines running.</text> </paragraph> </paragraph> <paragraph num="S."> <text>Radio Ground Control. Any person who taxis or tows an aircraft within the movement area shall monitor the ground control frequency being used by the Control Tower and remain in direct communication with the Control Tower at all times.</text> </paragraph> <paragraph num="T."> <text>Propeller Slipstream and Jet Blast. Any person who positions, starts, or runs-up engines or who taxis an aircraft is required to exercise due care to assure that propeller slipstream or jet blast will not cause injury to persons, scatter debris, or damage property on the Airport or in areas adjacent to the Airport.</text> </paragraph> <paragraph num="U."> <text>Pushing, Towing, Backing and Taxiing of Aircraft. Pushing, towing, backing, and taxiing of aircraft shall be done at a safe and reasonable speed and with due care to assure that there is no danger of collision with any person or object in the immediate area. Aircraft may be pushed, towed, backed, or taxied into or within a movement area only under the control and instructions of the Control Tower.</text> </paragraph> <paragraph num="V."> <text>Aircraft Parking.</text> <paragraph num="(1)"> <text>Aircraft may be parked at a gate position only for the purpose of enplaning and deplaning passengers.</text> </paragraph> <paragraph num="(2)"> <text>When an aircraft gate position on the unleased portion of the terminal apron is not needed for other aircraft, an aircraft operator, following assignment to that gate, may park at the gate position for as long as he chooses subject only to the rate schedule established by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>When an aircraft gate position on the unleased portion of the terminal apron is needed for other aircraft, an aircraft operator to whom the gate position is assigned may park at the gate position only for the maximum allowable turnaround time established by the Administration or permitted by lease for his aircraft type. Failure of the aircraft operator to remove the aircraft from the gate position within the allotted maximum time shall subject the aircraft owner, in addition to any other penalties prescribed by these regulations, to a ramp penalty charge of $50 for each additional 30 minutes or less of parking, or removal of the aircraft from the gate position at the owner's risk and expense, or both.</text> </paragraph> <paragraph num="(4)"> <text>Operators of private, itinerant, nonscheduled, or military aircraft may use the terminal apron only for enplaning and deplaning passengers and cargo. Operators desiring to use the terminal apron for any other purpose are required to obtain the prior authorization of the Airport Director.</text> </paragraph> <paragraph num="(5)"> <text>Only with the approval of the Airport Director is an operator of a private, itinerant, nonscheduled, or military aircraft permitted to use an aircraft gate position assigned for scheduled air carrier use.</text> </paragraph> <paragraph num="(6)"> <text>Aircraft may be parked at the Airport terminal building only in positions and orientations established by the Administration or permitted by lease.</text> </paragraph> <paragraph num="(7)"> <text>Aircraft may be double-parked at a terminal gate position only with prior approval of the Airport Director.</text> </paragraph> <paragraph num="(8)"> <text>Aircraft may not be parked anywhere on the Airport in a position blocking access through hangar doors, unless permission to do so has been obtained from the Airport Director or the operator having jurisdiction over the hangars.</text> </paragraph> <paragraph num="(9)"> <text>Aircraft may be parked and stored at the Airport only in designated areas. Aircraft found to be in violation of this regulation will be removed by the Airport Director at the risk and expense of the owner.</text> </paragraph> <paragraph num="(10)"> <text>Any person parking an aircraft on a public aircraft parking area shall comply with the procedures established by the Administration. Fees for aircraft parking are governed by the Administration's rate schedule.</text> </paragraph> <paragraph num="(11)"> <text>Any person parking and leaving an aircraft is required to assure that it is properly tied down and that the landing gear is chocked with wheel blocks or other approved devices.</text> </paragraph> <paragraph num="(12)"> <text>Cargo may be loaded on or unloaded from an aircraft only in designated areas.</text> </paragraph> <paragraph num="(13)"> <text>Except in a public parking area in compliance with the procedures established by the Administration, an aircraft may not be parked on any portion of the Airport without the express permission of the Administration. Upon instruction from the Airport Director, the operator of any aircraft parked or stored on the Airport shall move the aircraft to any other designated place on the Airport. If the operator refuses to comply with the instruction, the Airport Director may order the aircraft towed to a designated place at the operator's risk and expense.</text> </paragraph> </paragraph> <paragraph num="W."> <text>Aircraft Lights. Operators taxiing or towing an aircraft during periods of low visibility shall keep the aircraft's navigational lights fully illuminated.</text> </paragraph> <paragraph num="X."> <text>Removal of Passengers from Aircraft. At the request of the owner or operator of an aircraft, Airport law enforcement officers may use reasonable force to remove from the aircraft any person who creates a nuisance or a threat to persons, property, or aircraft operations.</text> </paragraph> <paragraph num="Y."> <text>Derelict Aircraft.</text> <paragraph num="(1)"> <text>Abandoning aircraft anywhere on the Airport is prohibited. The Airport Director may remove derelict aircraft from the Airport at the sole risk and expense of the owner or operator.</text> </paragraph> <paragraph num="(2)"> <text>Storage and retention of aircraft parts or components being held as inventory is permissible only in enclosed facilities that have been approved by the Administration for that purpose and in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.</text> </paragraph> </paragraph> <paragraph num="Z."> <text>Based Aircraft. It is prohibited to base an aircraft at the Airport unless a written agreement has been obtained from the Administration or a fixed base operator.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fire Hazards."> <paragraph num="A."> <text>Cleaning of Equipment. The use of flammable or combustible liquids in the cleaning of aircraft, aircraft engines, propellers, or other appliances, equipment, or parts of aircraft is prohibited, unless those cleaning operations are conducted in facilities specifically approved by the Administration for that purpose and are performed in accordance with COMAR 29.06.01.</text> </paragraph> <paragraph num="B."> <text>Cleaning Fluids. All cleaning fluids of a vaporizing nature shall be stored or transported in containers with dispensing devices which comply with the applicable sections of COMAR 29.06.01.</text> </paragraph> <paragraph num="C."> <text>Open Flame Operations. Open flame operations may be conducted on the Airport only after obtaining either a Welding and Burning permit or a Special Use permit through the Airport Fire Marshal's Office.</text> </paragraph> <paragraph num="D."> <text>Storage of Material.</text> <paragraph num="(1)"> <text>The storage of combustible materials in hangars at the Airport shall be conducted in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.</text> </paragraph> <paragraph num="(2)"> <text>The height of stored material may not exceed that of the lower or bottom side of roof trusses or of a point 18 inches below sprinkler lines or heads, whichever is lower. Storage areas shall have spaces between them as well as aisles throughout the areas of sufficient size to allow passage of fire department personnel and equipment. Sufficient spaces for aisles shall be determined through inspection by the fire marshal in compliance with COMAR 29.06.01.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Storage of Hazardous Material.</text> <paragraph num="(1)"> <text>Flammable and combustible liquids, gases, explosives, signal flares, or other hazardous materials shall be stored and kept in containers and receptacles and in structures and areas specifically approved by the fire marshal in accordance with COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>Tenants and concessionaires shall ensure that drums and containers are properly marked in accordance with 29 CFR §1910.1200.</text> </paragraph> <paragraph num="(3)"> <text>In addition to the labeling requirements of 29 CFR §1910.1200, each tenant and concessionaire shall mark its drums and containers with its company name and date of initial receipt of the item on the Airport premises.</text> </paragraph> <paragraph num="(4)"> <text>Tenants and concessionaires shall properly store drums and containers and shall ensure proper disposal of materials in accordance with COMAR 26.13.03.</text> </paragraph> <paragraph num="(5)"> <text>Tenants and concessionaires shall provide adequate documentation regarding the contents of drums and containers to inspectors of the Administration, the Maryland Department of the Environment, or other law enforcement agency.</text> </paragraph> <paragraph num="(6)"> <text>If as a result of a routine inspection of the Airport premises an improperly marked or stored drum or container is found, the tenant or concessionaire shall be cited. The tenant or concessionaire shall correct the deficiency within 1 working day. This inspection may be conducted by the fire marshal or representatives of the Administration, the Maryland Department of the Environment, or the Maryland Division of Labor and Industry.</text> </paragraph> <paragraph num="(7)"> <text>If the tenant or concessionaire fails to correct the noted deficiency, the Administration may correct the deficiency or cause it to be corrected by a private contractor at the expense of the responsible party.</text> </paragraph> <paragraph num="(8)"> <text>Owners of containers which have been apparently abandoned and consequently collected by the Administration and placed in storage shall be charged for all costs incurred by the Administration in connection with them, including:</text> <paragraph num="(a)"> <text>Removal to storage;</text> </paragraph> <paragraph num="(b)"> <text>Storage fees;</text> </paragraph> <paragraph num="(c)"> <text>Chemical analysis;</text> </paragraph> <paragraph num="(d)"> <text>Disposal;</text> </paragraph> <paragraph num="(e)"> <text>Record keeping; and</text> </paragraph> <paragraph num="(f)"> <text>Any actions required by federal and State statute or regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Airport Hazardous Material Spill Decontamination Procedures.</text> <paragraph num="(1)"> <text>Spills involving flammable materials, regardless of size, shall be reported immediately to the Administration.</text> </paragraph> <paragraph num="(2)"> <text>The tenant or agency responsible for causing the spill shall provide for cleanup of the spill by either calling in a commercial organization which is licensed through the Maryland Department of the Environment to clean up and remove the spilled material or by accomplishing the cleanup itself.</text> </paragraph> <paragraph num="(3)"> <text>If the tenant or agency accomplishes the cleanup, all contaminated absorbents, fuel-soaked rags, or other materials shall be placed in approved containers and removed by a licensed handler as specified in §F(2) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>If, in the event of a spill, a determination is made by the Administration that outside assistance must be obtained for removal of spilled materials, the tenant or agency responsible for the spill shall call a commercial organization as specified in §F(2) of this regulation. If the tenant or agency fails to call for this additional assistance, the Administration shall request assistance from the Maryland Department of the Environment or a commercial organization. The tenant or agency shall be charged for the cost of this service.</text> </paragraph> <paragraph num="(5)"> <text>The tenant or agency shall file a report of the spill in accordance with COMAR 26.10.08.04.</text> </paragraph> <paragraph num="(6)"> <text>The tenant or agency shall furnish the Administration with a list of names and telephone numbers of persons to be contacted in the event of a hazardous material spill.</text> </paragraph> <paragraph num="(7)"> <text>The Administration shall maintain a current list of commercial organizations which can be called upon to accomplish cleanup and removal of a hazardous material spill at the Airport.</text> </paragraph> <paragraph num="(8)"> <text>In the event of a sewage spill, the tenant or agency shall decontaminate all affected equipment. A sewage spill may not be flushed so as to contaminate storm drains, surface waters, or streams.</text> </paragraph> <paragraph num="(9)"> <text>Disposal of all contaminated materials shall be conducted in accordance with §F(2)—4), above.</text> </paragraph> <paragraph num="(10)"> <text>Other spills shall be handled by the tenant or agency in the same manner as the procedures for hazardous material spills and sewage spills.</text> </paragraph> <paragraph num="(11)"> <text>The tenant or agency shall be charged by the Administration standard rates and fees for all labor, equipment, and materials that the Administration may provide in support of these activities.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Lubricating Oils.</text> <paragraph num="(1)"> <text>Lubricating oils shall be stored, kept, or transported in containers and receptacles, and in structures and areas, specifically approved by the fire marshal for these purposes in compliance with the applicable sections of COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>The storage of empty lubricating oil drums or cans on the Airport is prohibited, except in approved areas designated by the Administration in compliance with the applicable sections of COMAR 26.13.03.</text> </paragraph> <paragraph num="(3)"> <text>Petroleum products or objectionable industrial waste matter shall be discharged only into pans or containers provided for that purpose in compliance with applicable sections of COMAR 29.06.01 and shall be disposed of in a manner approved by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>A company transporting oil on the Airport shall possess a valid Oil Operations Permit issued by the Waste Management Administration in accordance with COMAR 26.10.01.16.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Waste. The storage of oily waste, rags, and other rubbish and trash at the Airport is prohibited unless they are in suitable metal receptacles with operating self-closing covers as approved by COMAR 29.06.01. All waste within this general classification shall be removed daily from the Airport premises.</text> </paragraph> <paragraph num="I."> <text>Smoking.</text> <paragraph num="(1)"> <text>Smoking is prohibited within the fuel farm, except in an area outside and designated by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Smoking or carrying lighted cigars, cigarettes, pipes, matches, or any open flame within the air operations area or any building owned or leased by the Administration is prohibited.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Floor Care. The accumulation of oil, grease, or other flammable material on the floors of the Airport is prohibited. The floors of hangars and other buildings shall be cleaned daily and continuously kept free of rags, waste material, or other trash or rubbish.</text> </paragraph> <paragraph num="K."> <text>Care of Aircraft Ramp, Apron, and Parking Areas.</text> <paragraph num="(1)"> <text>Any person, including the operator of an aircraft, who causes overflowing or spilling of oil, grease, fuel, or any similar material anywhere on the Airport, is responsible for the immediate cleanup of the area. If that person fails to clean the area, the Airport Director may provide the necessary cleaning and charge the responsible person for the expense. The cleaning of aircraft ramp areas, aprons, and parking areas shall be conducted in accordance with NFPA 410 Aircraft Maintenance.</text> </paragraph> <paragraph num="(2)"> <text>Any person who observes any unsafe conditions on the ramp is required to notify the Airport Director.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Doping, Spray Painting, and Paint Stripping.</text> <paragraph num="(1)"> <text>Doping processes, spray painting, or paint stripping operations are permitted only in properly designed, ventilated buildings or areas that are approved by COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>Only persons who are properly clothed for safety and self-protection are permitted to enter or work in a doping or spray painting room while doping and spray painting operations are being conducted.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Fire Extinguishers. All fire extinguishing equipment shall be maintained in accordance with COMAR 29.06.01.</text> </paragraph> <paragraph num="N."> <text>Eye Hazards. The use of any material, such as an oil absorbent or similar material, that creates an eye hazard when picked up, swirled, or blown about by the blast from an aircraft engine is prohibited in any passenger loading area or other public area of the Airport.</text> </paragraph> <paragraph num="O."> <text>Operating Motor Vehicles in Hangars. Operating a tractor, tug, or other motor vehicle without protective screens or baffles to prevent the escape of sparks or flames in any hangar or other building used for aircraft maintenance when an aircraft is present is prohibited, except in an emergency. Storage/parking/maintenance of motor vehicles in any hangar is prohibited.</text> </paragraph> <paragraph num="P."> <text>Grounding or Bonding of Aircraft. Aircraft in hangars shall be grounded or bonded for removal and control of static electrical accumulations on aircraft while aircraft are undergoing service or repair in accordance with NFPA 409, Aircraft Hangars. Aircraft being serviced on the Airport ramp or other designated area shall be grounded or bonded for removal and control of static electrical accumulations in accordance with NFPA 407, Aircraft Fuel Servicing.</text> </paragraph> <paragraph num="Q."> <text>Motorized Ground Equipment Near Aircraft or Hangars. In parking motorized ground equipment, the operator shall position it so that it can be readily driven or towed away from the aircraft or hangars in case of an emergency.</text> </paragraph> <paragraph num="R."> <text>Repairing of Aircraft. Except for minor adjustments, an aircraft may be repaired only in an area specifically designated by the Administration.</text> </paragraph> <paragraph num="S."> <text>Operating Aircraft Engines in Hangars. Except for the air rotation of jet aircraft without ignition, starting or operating aircraft engines inside any hangar is prohibited.</text> </paragraph> <paragraph num="T."> <text>Heating Systems in Hangars. The installation and operation of any heating system or device is prohibited in any hangar at the Airport other than systems or devices listed or labeled by an independent testing laboratory or facility as suitable for use in heating aircraft hangars. Those systems and devices shall be installed in the manner prescribed by and standards set forth in NFPA 70, National Electrical Code, and NFPA 409, Aircraft Hangars. The use of portable aircraft engine heating equipment is prohibited inside any aircraft hangar. Only listed or labeled, and Federal Aviation Administration (FAA) approved, equipment shall be used.</text> </paragraph> <paragraph num="U."> <text>Electrical Equipment and Lighting Systems.</text> <paragraph num="(1)"> <text>All electrical equipment shall be in accordance with NFPA 70, National Electrical.</text> </paragraph> <paragraph num="(2)"> <text>The use of a portable lamp without a protective guard or shield in any maintenance shelter or hangar is prohibited.</text> </paragraph> <paragraph num="(3)"> <text>Power-operated equipment or electrical devices shall be turned off while not in actual use.</text> </paragraph> <paragraph num="(4)"> <text>New or additional electrical equipment or wiring installed in any aircraft hangar shall be in accordance with NFPA 70, National Electrical Code, and NFPA 409, Aircraft Hangars.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Dangerous Articles."> <paragraph num="A."> <text>Explosives, Corrosives, Poisons, and Radiological Materials. The storing, retaining, handling, using, dispensing, or transporting of any Class A explosive or hazardous material (as defined by the “Hazardous Material Regulation of the U.S. Department of Transportation”) requires a Special Use permit authorized by the Airport Director and issued by the fire marshal under COMAR 29.06.01.</text> </paragraph> <paragraph num="B."> <text>Detonators such as blasting caps, electric blasting caps, and detonating primers shall be stored in a separate magazine for blasting supplies and may not be stored in a magazine with other explosive materials.</text> </paragraph> <paragraph num="C."> <text>Detonators shall be stored in a Type 1, 2, or 3 magazine, except that electrical blasting caps having leg wires at least 4 feet long may be stored in a Type 4 magazine. Whenever specific types of magazines are required by COMAR 29.06.01, magazines of higher classifications may be permitted to be substituted.</text> </paragraph> <paragraph num="D."> <text>Explosive materials that are bullet-sensitive shall be stored in a Type 1, 2, or 3 magazine.</text> </paragraph> <paragraph num="E."> <text>Explosive materials that are not cap-sensitive shall be stored in a Type 4 or 5 magazine.</text> </paragraph> <paragraph num="F."> <text>Magazines shall be in the charge of a competent person at all times who shall be at least 21 years old or a member of the Armed Services, and who shall be held responsible for the enforcement of all safety precautions.</text> </paragraph> <paragraph num="G."> <text>Magazine doors shall be kept locked, except during the time of placement and removal of stocks of explosives or during inspection.</text> </paragraph> <paragraph num="H."> <text>Safety rules governing the operation of magazines shall be posted on the interior of the magazine door.</text> </paragraph> <paragraph num="I."> <text>Smoking, carrying lighted matches, open flames, spark-producing devices, and firearms (except firearms carried by authorized guards) are prohibited inside or within 50 feet of magazines.</text> </paragraph> <paragraph num="J."> <text>The land surrounding magazines shall be kept clear of brush, dried grass, leaves, and similar combustibles for a distance of at least 25 feet.</text> </paragraph> <paragraph num="K."> <text>Combustible materials may not be stored within 50 feet of magazines.</text> </paragraph> <paragraph num="L."> <text>Aircraft involved in loading, unloading, reloading, or temporarily retaining Class A explosives or blasting agents shall be parked on the Airport in areas designated by the Administration. Class B and C explosives shall be handled in the same manner when compliance is considered necessary by the Administration to ensure public safety.</text> </paragraph> <paragraph num="M."> <text>Explosive cargo shall be transported to and from the designated parking areas in vehicles equipped in accordance with federal regulations.</text> </paragraph> <paragraph num="N."> <text>A carrier of explosive cargo shall notify the Administration at least 12 hours before the scheduled arrival of the aircraft involved. The Administration will then issue the appropriate NOTAMs.</text> </paragraph> <paragraph num="O."> <text>Carriers of explosive cargo shall notify the Administration immediately upon arrival of explosives at the Airport and shall also notify a consignee or handling agent who shall remove the explosive cargo from the Airport within 48 hours of notification.</text> </paragraph> <paragraph num="P."> <text>Clothes Lockers. Only metal clothes lockers may be used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-2" heading="Fueling and Defueling."> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>The provisions of this section govern the fueling and defueling of aircraft at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>The fueling or defueling of an aircraft is prohibited while an engine or engines of the aircraft are operating.</text> </paragraph> <paragraph num="(3)"> <text>The operation of any electrical appliance in an aircraft is prohibited when the aircraft is being fueled or defueled.</text> </paragraph> <paragraph num="(4)"> <text>During the fueling or defueling of an aircraft, the aircraft fueling and defueling equipment (such as hoses and funnels) shall be electrically grounded or bonded.</text> </paragraph> <paragraph num="(5)"> <text>When a fuel spill occurs at or near a fuel delivery device, the Administration shall be notified immediately. Valves and dome covers shall be shut down and the fueling vehicle shall remain in place until the arrival of fire department vehicles. If the engine of the fueling vehicle is running at the time of the fuel spill, it shall remain running until orders otherwise are issued by the fire department incident commander at the scene. Conversely, if the engine of the fueling vehicle is shut down at the time of the fuel spill, it shall remain shut down until the fire department incident commander at the scene orders the vehicle removed. Fueling or defueling operations may not resume following a fuel spill until all affected areas are thoroughly cleaned.</text> </paragraph> <paragraph num="(6)"> <text>Only fueling/defueling personnel, and other personnel expressly authorized by an air carrier in accordance with approved operating procedures, are permitted within 50 feet of an aircraft during fueling and defueling operations. Fueling operators shall possess an Oil Operator's Certificate issued in accordance with COMAR 26.10.01.</text> </paragraph> <paragraph num="(7)"> <text>A person may not be aboard an aircraft during fueling or defueling unless a cabin attendant is present at or near the cabin door and unless a passenger boarding ramp or bridge is in place at the cabin door.</text> </paragraph> <paragraph num="(8)"> <text>During fueling or defueling, the use of any material which may cause a static spark is prohibited.</text> </paragraph> <paragraph num="(9)"> <text>Fueling or defueling operations may not begin unless fire extinguishers are within ready reach.</text> </paragraph> <paragraph num="(10)"> <text>Starting the engine of an aircraft when there is any flammable or combustible liquid on the ground in the vicinity of the aircraft is prohibited.</text> </paragraph> <paragraph num="(11)"> <text>It is prohibited to fuel or defuel an aircraft with any equipment or apparatus which is not in a safe, sound, and nonleaking condition.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The fueling and defueling of aircraft and the maintenance of an aircraft fueling system may not be conducted within 50 feet of any hangar or other building, except as conducted in compliance with:</text> <paragraph num="(1)"> <text>NFPA 407 Aircraft Fuel Servicing; and</text> </paragraph> <paragraph num="(2)"> <text>NFPA 410 Aircraft Maintenance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Parking fueling vehicles in areas other than those assigned by the Administration except for the accomplishment of minor adjustments or repairs necessary to move the vehicle to a designated storage or repair area is prohibited. Fuel trucks, empty or otherwise, are not permitted within any building at the Airport unless the building is properly designed and equipped for fuel truck repair purposes. Fueling or defueling aircraft in any building is strictly prohibited.</text> </paragraph> <paragraph num="D."> <text>An operator may not back a fueling vehicle anywhere on the Airport unless an attendant is present outside the fueling vehicle to assist.</text> </paragraph> <paragraph num="E."> <text>Fueling operations shall be stopped when a fire is detected within 300 feet.</text> </paragraph> <paragraph num="F."> <text>The operation or ground testing of airborne radar equipment is prohibited except in areas approved for that purpose. Aircraft radar directional beams may not be operated near another aircraft, fueling operations, fueling trucks or flammable liquid storage when the high intensity beam emitter is within a 300-foot radius or the low intensity beam emitter is within a 100-foot radius.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Control of Vehicular Traffic on the Air Operations Area."> <paragraph num="A."> <text>Authority to Operate on the Air Operations Area. The only motor vehicle operations permitted on the air operations area are those expressly authorized by the Airport Director, who shall identify the motor vehicles by registration. Permanent registration shall be extended on the basis of need only to Airport activities whose operations are formalized by contract with the Administration. Temporary registration may be extended to agencies whose business is directly related to the aviation activity of the Airport when access to the air operations area is considered necessary to the conduct of business.</text> </paragraph> <paragraph num="B."> <text>Traffic Control.</text> <paragraph num="(1)"> <text>All motor vehicle operators are required to obey all posted regulatory signs, traffic signals, and all instructions by the Control Tower, the Airport Director, or by an officer charged with traffic control and enforcement.</text> </paragraph> <paragraph num="(2)"> <text>Radio Equipped Vehicle.</text> <paragraph num="(a)"> <text>Operators of vehicles with two-way radio equipment and who possess a valid airfield operator's permit and are authorized by the Airport Director to enter upon the movement area shall first establish and maintain radio contact with the Control Tower and obtain Control Tower authorization to proceed.</text> </paragraph> <paragraph num="(b)"> <text>Operators of vehicles with two-way radio equipment and who possess a valid airfield operator's permit and are authorized by the Airport Director and desiring to cross an active runway shall first obtain specific clearance to do so from the Control Tower.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Vehicles Without Radio Equipment. Vehicles without two-way radio equipment are not permitted to enter, or operate within, the movement area unless escorted by an authorized radio equipped vehicle that is in contact with the Control Tower.</text> </paragraph> <paragraph num="(4)"> <text>To supplement control of traffic by radio, the Control Tower also uses standard light signals. It is the responsibility of all vehicle operators to be familiar with these signals and to comply with them when they are in use.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Operations Near Aircraft.</text> <paragraph num="(1)"> <text>Aircraft servicing vehicles designated for a specific airport are the only motor vehicles that may pass within 20 feet of a parked aircraft.</text> </paragraph> <paragraph num="(2)"> <text>Motor vehicles may not be operated between an aircraft and terminal concourses while passengers are enplaning or deplaning.</text> </paragraph> <paragraph num="(3)"> <text>Aircraft servicing vehicles may not be operated on the loading ramp unless the aircraft to be serviced has come to a complete stop at its designated loading position.</text> </paragraph> <paragraph num="(4)"> <text>Vehicles shall pass only to the rear of taxiing aircraft.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Designated Vehicular and Pedestrian Routes.</text> <paragraph num="(1)"> <text>Vehicle operators shall use marked roadways and may not use the ramp or cargo areas as a short cut.</text> </paragraph> <paragraph num="(2)"> <text>Vehicle operators who are authorized to pass through a terminal underpass before entering and again before exiting the underpass shall come first to a complete stop.</text> </paragraph> <paragraph num="(3)"> <text>Pedestrians desiring to walk between terminal concourses shall remain within 50 feet of the terminal building at all times to remain clear of the taxilane.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Speed Limits.</text> <paragraph num="(1)"> <text>Except for authorized emergency vehicles, the maximum allowable speed for a motor vehicle on the outer ramp road is 15 miles per hour.</text> </paragraph> <paragraph num="(2)"> <text>Except for authorized emergency vehicles, the maximum allowable speed for any vehicle within 20 feet of a parked aircraft is 5 miles per hour.</text> </paragraph> <paragraph num="(3)"> <text>Except for authorized emergency vehicles, the maximum allowable speed for a vehicle on the inner ramp road (adjacent to the main Terminal) is 5 miles per hour.</text> </paragraph> <paragraph num="(4)"> <text>The maximum allowable vehicle speed in the main terminal baggage make-up and delivery areas is 4 miles per hour (brisk walking speed).</text> </paragraph> <paragraph num="(5)"> <text>Except for authorized emergency vehicles, the maximum allowable speed for a motor vehicle on connecting ramp roadways, aircraft parking ramps, aprons, and in hangar areas is 10 miles per hour.</text> </paragraph> <paragraph num="(6)"> <text>Except for authorized emergency vehicles, the maximum allowable speed limit for a motor vehicle on the cargo ramp roadway is 20 miles per hour.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Careless Driving. Motor vehicle operations on the air operations area shall be conducted in a careful and prudent manner reflecting due consideration of driving circumstances so as not to endanger the life, limb, or property of any person.</text> </paragraph> <paragraph num="G."> <text>Safety Equipment.</text> <paragraph num="(1)"> <text>Motor vehicles operated on the air operations area shall be properly maintained in accordance with all Airport standard operating procedures.</text> </paragraph> <paragraph num="(2)"> <text>Motor Vehicle Lights.</text> <paragraph num="(a)"> <text>Operation of a motor vehicle on the air operations area is prohibited if any of its headlights or tail lights are inoperative.</text> </paragraph> <paragraph num="(b)"> <text>Persons operating motor vehicles on the air operations area shall keep the vehicle's headlights and tail lights fully illuminated between the hours of sunset and sunrise and at all times when passing through unlighted or poorly lighted areas or when visibility is restricted.</text> </paragraph> <paragraph num="(c)"> <text>If a stalled motor vehicle is left on the air operations area between the hours of sunset and sunrise, either its parking lights shall be illuminated or warning lights shall be posted.</text> </paragraph> <paragraph num="(d)"> <text>The headlights of a motor vehicle on the air operations area shall be adequate to meet State requirements in addition to those of the Administration.</text> </paragraph> <paragraph num="(e)"> <text>Baggage, cargo carts, and trailers operating on the air operations area shall be equipped with at least two yellow reflectors on each side and two red reflectors on the rear or marked with reflectorized tape as approved by the Administration.</text> </paragraph> <paragraph num="(f)"> <text>Motor vehicles operating on a taxiway or runway shall be equipped with flashing amber identification lights on top of the vehicle.</text> </paragraph> <paragraph num="(g)"> <text>It is preferred that motor vehicles operating on the air operations area be equipped with headlight dimmer switches. Vehicles not so equipped that are approved for operating on the air operations area shall have headlight beams focused to strike the ground not more than 50 feet ahead of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Motor Vehicle Brakes.</text> <paragraph num="(a)"> <text>Operators are required to test the vehicle's brakes before commencing any operation on the air operations area.</text> </paragraph> <paragraph num="(b)"> <text>All motor vehicles operated on the air operations area shall be equipped with an emergency brake capable of holding the vehicle on a 30-degree grade.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Motor Vehicle Windows and Mirrors.</text> <paragraph num="(a)"> <text>All motor vehicles operated on the air operations area shall be equipped with at least one mirror, so adjusted that the operator of the vehicle has a clear view for a distance of at least 200 feet to the rear unless the vehicle is a specialized service vehicle not licensed for general highway use and having an open cab which provides the driver with unobstructed, 360-degree visibility.</text> </paragraph> <paragraph num="(b)"> <text>Windows of any motor vehicle operated on the air operations area shall be free of cracks, blisters, discoloration, or any other defect causing distortion or obstruction to the vision of the operator.</text> </paragraph> <paragraph num="(c)"> <text>Posters, stickers, signs, or other objects on the windows of a motor vehicle operating on the air operations area, other than those required by the Administration or by law, are prohibited.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>All motor vehicles approved for operating on the air operations area are subject to inspection as prescribed by the Administration.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Emergency Vehicles and Conditions.</text> <paragraph num="(1)"> <text>Emergency conditions existing on the air operations area do not mitigate or cancel any existing regulations.</text> </paragraph> <paragraph num="(2)"> <text>Under emergency conditions such as an aircraft accident or fire, access to the scene is denied to all vehicles or persons except those whose duties require their presence. The Airport Director shall determine when normal operations may be resumed.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Occupants of Motor Vehicles.</text> <paragraph num="(1)"> <text>While on the air operations area, riding on the outside of a moving motor vehicle, or riding with arms or legs protruding from the body of the vehicle is prohibited. Standing up in a moving motor vehicle is prohibited unless the vehicle is designed and intended for this purpose.</text> </paragraph> <paragraph num="(2)"> <text>Passengers, other than those permitted by these regulations or by other applicable law, are not permitted in any motor vehicle on the air operations area.</text> </paragraph> <paragraph num="(3)"> <text>Seat belts shall be worn in accordance with State motor vehicle laws and regulations on the air operations area.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Tugs and Trailers.</text> <paragraph num="(1)"> <text>Towing of a train of more than six baggage carts is prohibited on the air operations area.</text> </paragraph> <paragraph num="(2)"> <text>Any trailer or semitrailer operated on the air operations area shall be equipped with proper brakes so that when disengaged from the towing vehicle it will not become free-rolling.</text> </paragraph> <paragraph num="(3)"> <text>All towed equipment operated on the air operations area shall be equipped with positive locking couplings.</text> </paragraph> <paragraph num="(4)"> <text>Tugs, trailers, baggage, or cargo carts shall be returned to an assigned storage area immediately following their use with the brakes set in the locked position.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Yielding Right-of-Way.</text> <paragraph num="(1)"> <text>Any person operating a motor vehicle on the air operations area shall yield the right-of-way to aircraft in motion or aircraft with engines running, ready to be put in motion.</text> </paragraph> <paragraph num="(2)"> <text>Any person operating a motor vehicle across or into vehicle traffic lanes on the air operations area shall yield the right-of-way to vehicles already in those lanes.</text> </paragraph> <paragraph num="(3)"> <text>All persons operating motor vehicles on the air operations area shall pass to the right of approaching vehicles.</text> </paragraph> <paragraph num="(4)"> <text>All persons operating motor vehicles on the air operations area shall yield right-of-way to emergency vehicles.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Parking.</text> <paragraph num="(1)"> <text>Parking on the air operations area, except at places designated by the Airport Director, is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Parking within 15 feet of any fire hydrant or other fire control apparatus is prohibited.</text> </paragraph> <paragraph num="(3)"> <text>Parking on the air operations area which interferes with or prevents the passage or movement of aircraft or emergency or other motor vehicles is prohibited. Vehicles in violation of this regulation may be removed by the Airport Director at the expense and risk of the owner or operator.</text> </paragraph> <paragraph num="(4)"> <text>Parking within 200 feet of the edge of a runway is prohibited.</text> </paragraph> <paragraph num="(5)"> <text>A motor vehicle may not be left unattended with the motor running unless properly chocked and authorized by the Airport Director.</text> </paragraph> <paragraph num="(6)"> <text>Parking within the triple yellow lines that denote the movement area of a loading bridge is prohibited.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Motor Vehicle Accidents.</text> <paragraph num="(1)"> <text>A person operating a motor vehicle on the air operations area, who is involved in an accident resulting in injury to any person or damage to any property, shall stop the vehicle at the scene or as close as possible without obstructing traffic, notify the Airport Director, and remain at the scene of the accident until he has given a full report to the investigating officer. Upon request, any relevant permit, license, registration, or other document shall be shown to the investigating officer.</text> </paragraph> <paragraph num="(2)"> <text>A person operating a motor vehicle on the air operations area who is involved in an accident as defined in §M(1) of this regulation and the owner, if other than the operator, shall make a full written report of the accident to the Airport Director within 24 hours after the accident. The report shall include the names and addresses of the individuals involved, a description of the property or vehicles involved, the registration and license numbers of the vehicles involved, and any other relevant information.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Repair of Motor Vehicles. Cleaning, repairing, maintaining, or overhauling of motor vehicles or other equipment is prohibited on the air operations area, except in an approved shop area.</text> </paragraph> <paragraph num="O."> <text>Contractors' Access and Use of Premises.</text> <paragraph num="(1)"> <text>Construction vehicles and equipment shall use only those entrances and exits designated by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Construction vehicles and equipment shall enter and exit the airfield area only during times specified in writing by the Airport Director.</text> </paragraph> <paragraph num="(3)"> <text>When not in use, construction vehicles and equipment may not remain at a work site on the airfield area without the written authorization of the Airport Director.</text> </paragraph> <paragraph num="(4)"> <text>Construction vehicles and equipment that have the written authorization of the Airport Director to remain at a work site when not in use shall be marked and lighted so they will not be hazardous to other vehicles and aircraft.</text> </paragraph> <paragraph num="(5)"> <text>Construction vehicles and equipment that are operated by individuals with a valid airfield operator's permit and authorized to operate in the movement area may not operate on or move across an active runway unless they are either in two-way radio contact with the Control Tower, or escorted by an authorized vehicle which is in two-way radio contact with the Control Tower.</text> </paragraph> </paragraph> <paragraph num="P."> <text>Vehicle Identification and Escort Rules.</text> <paragraph num="(1)"> <text>Vehicles authorized permanent access to the air operations area shall be clearly marked with the company name, logo, or other identification acceptable to the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Vehicles authorized temporary access to the air operations area shall display conspicuously on the windshield an “Official Permit” issued by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>Vehicles not authorized access to the air operations area as in §P(1) and (2) of this regulation shall be escorted by Administration personnel or authorized personnel of an Airport tenant.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Airfield Operator's Permit.</text> <paragraph num="(1)"> <text>An Airfield Operator's Permit is required for all individuals who operate a motor vehicle, a loading bridge, or any other motorized equipment on the air operations area. The Administration has a three-tier system for its Airfield Operator’s Permit:</text> <paragraph num="(a)"> <text>Tier 1 is designated for those individuals requiring access to only non-movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 1 shall have a V/P or V/P/L on the individual’s identification badge.</text> </paragraph> <paragraph num="(b)"> <text>Tier 2 is designated for those individuals requiring access to nonmovement areas and limited access to movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 2 shall have a V/P/T on the individual’s identification badge.</text> </paragraph> <paragraph num="(c)"> <text>Tier 3 is designated for those individuals requiring unrestricted access to the non-movement and movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 3 shall have a V/P/R on the individual’s identification badge.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An applicant for an Airfield Operator's Permit shall obtain a Request for Access/PIN Change form and the Equipment Training Record form from the Administration.</text> </paragraph> <paragraph num="(3)"> <text>An applicant for an Airfield Operator's Permit of any tier shall possess a valid motor vehicle operator's license from any state. Applicants for an Airfield Operator's Permit shall successfully complete the following:</text> <paragraph num="(a)"> <text>Tier 1: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent. The applicant shall also complete recurrent non-movement area training on a bi-annual basis.</text> </paragraph> <paragraph num="(b)"> <text>Tier 2: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent and the Movement Area Airfield Operator’s Permit written examination with a minimum score of 90 percent. The applicant shall also complete recurrent movement area training on an annual basis.</text> </paragraph> <paragraph num="(c)"> <text>Tier 3: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent, the Movement Area Airfield Operator’s Permit written examination with a minimum score of 90 percent, and a daytime and nighttime movement area practical driving test as follows:</text> <paragraph num="(i)"> <text>Daytime and Nighttime Practical Driving Test. The applicant shall also take a written test and a practical driving test during daylight and nighttime hours with an Airport Operations supervisor. A minimum score of 90 percent is required on the written test. The written test also contains core questions of which have no numerical value but are pass/fail. A fail on any of the core questions ends the test and results in a denial of the permit. The practical driving test demonstrates the ability to move around the Airport with knowledge, technique, and in a safe manner.</text> </paragraph> <paragraph num="(ii)"> <text>The applicant shall also complete recurrent movement area training on an annual basis.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Airfield Operator's Permit shall be annotated to indicate the class of equipment and level of authorization that an individual is permitted to operate on the air operations area in accordance with the regulations specified by the Airport Director for Baltimore/Washington International Thurgood Marshall Airport, or the Director's designee.</text> </paragraph> <paragraph num="(5)"> <text>The expiration date of all tiers of Airfield Operator's Permits shall coincide with the expiration date of the applicant's identification badge issued by the Administration. If renewal of an Airfield Operator's Permit is desired, this renewal shall be done at the time of the employee identification badge renewal.</text> </paragraph> <paragraph num="(6)"> <text>An applicant for an Airfield Operator's Permit shall complete the applicable training and submit an Equipment Training Record form. Training shall take place before issuance of an Airfield Operator's Permit.</text> </paragraph> <paragraph num="(7)"> <text>Citations for violations of Airport regulations concerning airfield vehicular operations may be issued by the Airport Police and the Airport Director and individuals designated by the Airport Director. A copy of the citation shall be given to the individual charged with a violation.</text> </paragraph> <paragraph num="(8)"> <text>The Airport Director or the Director's designee may issue warning letters, conduct conferences, issue and modify orders of suspension and revocation of Airfield Operator's Permits, conduct hearings, and implement a point system for violations of Airport regulations.</text> </paragraph> <paragraph num="(9)"> <text>The Airport Director or the Director's designee may send warning letters to individuals who have accumulated three points. Individuals who have accumulated five points shall be required to meet with the Airport Director to review their driving record. Upon receipt of eight points, the individual's Airfield Operator's Permit shall be suspended. Upon receipt of 12 points, the individual's Airfield Operator's Permit shall be revoked.</text> </paragraph> <paragraph num="(10)"> <text>If an individual accumulates eight or more points, the Airport Director shall issue a notice of suspension or revocation to be served personally through the tenant manager. The notice shall state the duration of the suspension or revocation and shall advise the individual of the individual's right to request a hearing before the License Review Board.</text> </paragraph> <paragraph num="(11)"> <text>Each notice of suspension or revocation shall be effective upon receipt, unless a hearing is requested. Points assessed shall be retained on an individual's driving record for 2 years from the date of assessment unless changed by the License Review Board.</text> </paragraph> <paragraph num="(12)"> <text>Upon receipt of a request for a hearing, the Airport Director or the Director's designee shall stay the suspension or revocation pending the outcome of the hearing, unless it appears to the Airport Director that substantial and immediate harm could result to the individual or others if the Airfield Operator's Permit was continued in effect pending the hearing.</text> </paragraph> <paragraph num="(13)"> <text>The duration of any subsequent suspension shall be for not less than 15 days but not more than 90 days.</text> </paragraph> <paragraph num="(14)"> <text>The License Review Board shall consist of a minimum of three persons designated by the Airport Director. In case of revocation or suspension, the Board shall include the tenant manager or immediate supervisor of the individual. The Board shall conduct hearings and render decisions at the request of an individual concerning contested citations, point assessments, suspensions, or revocations.</text> </paragraph> <paragraph num="(15)"> <text>Hearings shall be conducted and decisions rendered in accordance with the Administrative Procedure Act, State Government Article, §§10-20110-217, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>The Board may uphold or void citations issued for violations of Airport regulations. The Board may uphold, void, or modify suspensions, revocations, or points assessed for violations of Airport regulations.</text> </paragraph> <paragraph num="(17)"> <text>An individual may appeal from a final decision of the Board. If the individual resides or has a principal place of business in Maryland, the appeal shall be made to the circuit court for the county in which the individual resides, otherwise an appeal shall be made to the Circuit Court for Anne Arundel County.</text> </paragraph> <paragraph num="(18)"> <text>Upon notification that an appeal is filed, the Board shall grant a stay of the Board's decision pending the outcome of the appeal, unless it appears to the Board that substantial and immediate harm could result to the individual or others if the Airfield Operator's Permit was continued in effect pending the appeal.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Guidemen. If the vision of a motor vehicle operator is restricted in any manner, operation of the vehicle is prohibited unless a guideman is positioned outside the vehicle to assist the operator.</text> </paragraph> <paragraph num="S."> <text>Special Vehicular Regulations.</text> <paragraph num="(1)"> <text>The operation of any two-wheeled motor vehicle or self-propelled vehicle on the air operations area shall be approved in writing by the Airport Director.</text> </paragraph> <paragraph num="(2)"> <text>Unlicensed motor vehicles approved for use on the air operations area are prohibited from using public roadways unless authorized by the State Motor Vehicle Administration.</text> </paragraph> <paragraph num="(3)"> <text>Only specially equipped vehicles approved by the Airport Director may be operated inside a hangar.</text> </paragraph> </paragraph> <paragraph num="T."> <text>Abandoned, Derelict, Inoperable, and Surplus Motor Vehicles and Equipment.</text> <paragraph num="(1)"> <text>Abandoning or parking a derelict, inoperable, or surplus motor vehicle or equipment on the Air Operations Area is prohibited. The Airport Director, or the Airport Director’s designee, may remove from the Air Operations Area, any motor vehicle or equipment that is abandoned, derelict, inoperable, or surplus and which presents an operational or security problem for the Air Operations Area. The owner of a motor vehicle or equipment that has been removed pursuant to this regulation shall be held liable for the reasonable costs of the removal and storage of the motor vehicle and/or equipment.</text> </paragraph> <paragraph num="(2)"> <text>Airport tenants are responsible for the prompt removal of abandoned, derelict, inoperable, or surplus motor vehicles and equipment from their leased premises, at the owner’s expense.</text> </paragraph> <paragraph num="(3)"> <text>The Airport Director or Airport Director’s designee will attempt to identify the owner of any abandoned, derelict, inoperable, and surplus motor vehicles or equipment on the Air Operations Area and any which present an operational or security concern on the Air Operations Area. The Airport Director or Airport Director’s designee will attempt to contact the owner via certified mail, return receipt requested, bearing a postmark of the USPS, no less than thirty days to prior to removal, using the most updated tenant provided contact information. The Airport Director or Airport Director’s designee will maintain the certified mail receipts. A removal notice shall also be posted on the windshield of any motor vehicle and on the most visible surface of equipment deemed to be abandoned, derelict, inoperable, and surplus and any which present an operational or security concern on the Air Operations Area.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Control of Landside Traffic and Ground Transportation."> <paragraph num="A."> <text>Governing Law. Motor vehicle operators using the public streets, ramps, roads, and highways on the Airport shall comply with the Transportation Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Compliance With Orders.</text> <paragraph num="(1)"> <text>Parking or standing is prohibited on all Airport roads, except in designated parking areas.</text> </paragraph> <paragraph num="(2)"> <text>Leaving a motor vehicle unattended at curbside in front of the terminal is prohibited.</text> </paragraph> <paragraph num="(3)"> <text>A vehicle may not enter any area that is closed to vehicular traffic by barricades or other traffic control devices.</text> </paragraph> <paragraph num="(4)"> <text>Private vehicles are prohibited from parking in areas marked “taxi”, “limo”, “buses”, or “commercial delivery”.</text> </paragraph> <paragraph num="(5)"> <text>Areas posted as “Restricted Parking” may be used only by clearly marked emergency vehicles or vehicles authorized in writing by the Administration.</text> </paragraph> <paragraph num="(6)"> <text>Parking in pedestrian crosswalks is prohibited.</text> </paragraph> <paragraph num="(7)"> <text>Parking which in any way obstructs traffic or creates a hazard is prohibited.</text> </paragraph> <paragraph num="(8)"> <text>In addition to these general regulations, the Administration may further regulate parking by posting signs or notices. Parking in violation of any sign or notice is prohibited.</text> </paragraph> <paragraph num="(9)"> <text>The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of these regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Public Parking Lots.</text> <paragraph num="(1)"> <text>Claiming or removing a motor vehicle without first paying the full parking fee is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Any person claiming a vehicle without a claim check is required to show identification and evidence of ownership or right to use the vehicle.</text> </paragraph> <paragraph num="(3)"> <text>Any person claiming a vehicle without a claim check shall be charged the maximum daily rate and any other accrued charges.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Employee Parking Lots.</text> <paragraph num="(1)"> <text>Employee parking privileges at Baltimore/Washington International Thurgood Marshall Airport shall be limited to those individuals having an employer/employee relationship with a company possessing lease or concession agreements or other contracts with the Administration or with an Administration-approved subtenant of the company who receive salary or wages for work regularly performed at the Airport on behalf of this employer or company.</text> </paragraph> <paragraph num="(2)"> <text>Only vehicles displaying a current and valid BWI employee parking decal are permitted to park in the area or areas designated by the Administration as an employee parking lot.</text> </paragraph> <paragraph num="(3)"> <text>BWI Employee Parking Decals — Display.</text> <paragraph num="(a)"> <text>BWI employee parking decals shall be in the form of a hang tag displayed from the vehicle's rearview mirror with the decal number and expiration date clearly visible when viewed from the outside.</text> </paragraph> <paragraph num="(b)"> <text>BWI employee parking decals for motorcycles shall be in the form of a decal which shall be permanently affixed on the rear of the motorcycle, either on the bumper or other stationary part, so that it is clearly visible from the rear.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>BWI Employee Parking Decals — General Information.</text> <paragraph num="(a)"> <text>BWI employee parking decals are valid for either a 12-month or a 6-month period as determined and set by the Administration.</text> </paragraph> <paragraph num="(b)"> <text>Fees are payable for each decal cycle and may be charged according to the work location of the employee as determined by the Administration.</text> </paragraph> <paragraph num="(c)"> <text>An employee whose permanent work location is in the Airport terminal and who uses the employee parking shuttle bus system may be charged a rate which allows the Administration to recover the operating costs of the system.</text> </paragraph> <paragraph num="(d)"> <text>An employee whose permanent work location is in one of the Air Cargo Complex buildings on Airport property, or other Airport property, and who does not use the employee parking shuttle bus system may be charged a different rate.</text> </paragraph> <paragraph num="(e)"> <text>Fees for each decal cycle shall be determined by the Administration based upon an analysis of the prior 12 months of operating expenses.</text> </paragraph> <paragraph num="(f)"> <text>Fees for each decal cycle shall be communicated to Airport employees at least 10 days before the beginning of each decal cycle.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>BWI employee parking decals are issued to authorized Airport employees only after verification by their employers.</text> </paragraph> <paragraph num="(6)"> <text>BWI employee parking decals are for use by Airport employees in vehicles used by them in transport to and from the Airport.</text> </paragraph> <paragraph num="(7)"> <text>BWI employee parking decals which are lost, stolen, or misplaced by the employee and which have not expired may be replaced upon payment of the fee in effect at the time of replacement.</text> </paragraph> <paragraph num="(8)"> <text>Alteration of a BWI employee parking decal voids the decal.</text> </paragraph> <paragraph num="(9)"> <text>Refunds of payments for BWI employee parking decals may be issued at the discretion of the Administration.</text> </paragraph> <paragraph num="(10)"> <text>Failure to display a BWI employee parking decal by the employee may subject the employee to a fine.</text> </paragraph> <paragraph num="(11)"> <text>Fees for each decal cycle may be prorated based on the month of purchase.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Penalties, Fines and Costs.</text> <paragraph num="(1)"> <text>Abandoned vehicles and vehicles parked in violation of any parking regulation, sign, or notice may be removed by the Administration at the expense and risk of the owner. Towing charges are in addition to any fines.</text> </paragraph> <paragraph num="(2)"> <text>Parking violations are subject to the following fines:</text> <paragraph num="(a)"> <text>Obstructing movement of traffic — $35;</text> </paragraph> <paragraph num="(b)"> <text>Obstructing movement of pedestrians — $35;</text> </paragraph> <paragraph num="(c)"> <text>Unattended vehicle — $50;</text> </paragraph> <paragraph num="(d)"> <text>Meter or other time limit violation — $35;</text> </paragraph> <paragraph num="(e)"> <text>Parking in other than designated areas — $35;</text> </paragraph> <paragraph num="(f)"> <text>Illegally parked in handicapped area — $50;</text> </paragraph> <paragraph num="(g)"> <text>Illegally parked in leased space — $35;</text> </paragraph> <paragraph num="(h)"> <text>Parked in no parking area — upper level roadway system — $35;</text> </paragraph> <paragraph num="(i)"> <text>Parked in no parking area — lower level roadway system — $35;</text> </paragraph> <paragraph num="(j)"> <text>Failure to display current employee parking decal or permit — $35;</text> </paragraph> <paragraph num="(k)"> <text>Failure to display current valid Courtesy/Commercial Vehicle Permit — $50.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Fines shall be paid within 15 days of citation to the Maryland Aviation Administration, Office of Business Administration, Accounting Section.</text> </paragraph> <paragraph num="(4)"> <text>Vehicles with three or more unpaid tickets against them may be impounded until all tickets have been cleared.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Buses and Limousines.</text> <paragraph num="(1)"> <text>Only buses operating on predetermined routes and schedules approved by the Administration or with a valid permit are permitted to operate at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>Only limousine operators who hold a valid certificate issued by the appropriate governmental agency and who have a concession agreement with the Administration may operate from the Airport and solicit customers or serve passengers at the Airport with or without a prearranged reservation.</text> </paragraph> <paragraph num="(3)"> <text>Only vehicles displaying a valid permit may drop off passengers at the Airport and pick up passengers who have a prearranged reservation with the permit holder.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Rental Cars.</text> <paragraph num="(1)"> <text>An on-Airport rental car business which is located on Airport property and has a written car rental lease and concession contract with the Administration is permitted to engage in an on-Airport car rental business at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>An on-Airport rental car business shall collect from its customers a transportation facility charge per transaction day, which is a 24-hour period, or any fraction of the period that a vehicle is rented under a rental agreement. When an on-Airport rental car business grants a grace period for late returns of rental cars, it may not collect a transportation facility charge for the grace period.</text> </paragraph> <paragraph num="(3)"> <text>The transportation facility charge offsets the actual costs of on-Airport rental car businesses to operate and maintain a common shuttle bus fleet and a common bus maintenance facility.</text> </paragraph> <paragraph num="(4)"> <text>If the total amount of the transportation facility charges collected by the on-Airport rental car businesses during a 12-month period exceeds the actual costs for operation and maintenance in the same 12-month period, the on-Airport rental car businesses shall retain the excess amount and adjust the transportation facility charge for the following 12-month period by a corresponding amount.</text> </paragraph> <paragraph num="(5)"> <text>At least 60 days prior to the commencement of a contract year, the on-Airport rental car businesses shall consult with the Administration to set the amount of the transportation facility charge for the next contract year based upon actual operation and maintenance costs.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Service Vehicles. Service vehicles operating to or from the airside of the Airport are prohibited on the main Airport entrance and exit roadways.</text> </paragraph> <paragraph num="I."> <text>Pedestrians.</text> <paragraph num="(1)"> <text>Pedestrians in a marked crosswalk have the right-of-way over all vehicles. Pedestrians shall yield the right-of-way to emergency vehicles.</text> </paragraph> <paragraph num="(2)"> <text>Jaywalking is prohibited. Crosswalks shall be used.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Off-Airport Rental Car Businesses.</text> <paragraph num="(1)"> <text>A rental car business which is not located on Airport property and which utilizes courtesy vehicles to transport Airport customers to or from the off-Airport rental car business to or from the Airport consolidated rental car facility is subject to a privilege fee of 8 percent of gross revenue. The privilege fee for an off-Airport rental car business may not exceed the percent of gross revenue imposed on an on-Airport rental car business.</text> </paragraph> <paragraph num="(2)"> <text>An off-Airport rental car business' courtesy vehicles shall transport Airport customers to or from the off-Airport rental car business to or from the Airport consolidated rental car facility. The off-Airport rental car business' courtesy vehicles may not transport its patrons directly to or from the Airport terminal building or any other Airport location except for the consolidated rental car facility.</text> </paragraph> <paragraph num="(3)"> <text>Patrons of the off-Airport rental car business shall be transported to or from the Airport terminal building by a consolidated rental car bus along with other rental car Airport customers to or from the Airport consolidated rental car facility.</text> </paragraph> <paragraph num="(4)"> <text>The off-Airport rental car business shall submit a report to the Administration on or before the twentieth day of each month for the preceding month's activity showing the gross revenues and the calculation of the fee due the Administration, including reasonable detail and breakdown of gross revenues as may be required by the Administration.</text> </paragraph> <paragraph num="(5)"> <text>The privilege fee shall be due and payable on or before the twentieth day of each month for the preceding month's gross revenues.</text> </paragraph> <paragraph num="(6)"> <text>The off-Airport rental car business shall provide the Administration with a certificate of commercial general liability insurance and automobile liability insurance in the amounts determined by the Administration.</text> </paragraph> <paragraph num="(7)"> <text>The off-Airport rental car business shall permit the Administration to audit all business records and accounts during business hours upon demand and to make the records and accounts available to the Administration at the Airport.</text> </paragraph> <paragraph num="(8)"> <text>The privilege to operate a commercial activity at the Airport is suspended if the off-Airport rental car business fails to submit the monthly privilege fee including a late charge on any amount past due within 30 days of the due date for payments.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05-1" heading="Commercial Vehicles and Courtesy Vehicles — General."> <paragraph num="A."> <text>General Provisions.</text> <paragraph num="(1)"> <text>Except as provided in these regulations, and except for vehicles utilized by off-Airport rental car businesses, a commercial vehicle or courtesy vehicle may not conduct business at the Airport unless a permit is first obtained from the Administration and displayed as provided in these regulations.</text> </paragraph> <paragraph num="(2)"> <text>A qualified business conducting a commercial activity as defined in Regulation .01B of this chapter and its vehicles used in transporting passengers shall be approved and registered by either the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.</text> </paragraph> <paragraph num="(3)"> <text>A permit shall be displayed on an area of the vehicle designated by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>Commercial vehicles and courtesy vehicles transporting passengers to and from the Airport shall drop off passengers or pick up prearranged passengers and immediately depart the Airport. Parking is only allowed in the public parking facilities subject to current parking rates and regulations.</text> </paragraph> <paragraph num="(5)"> <text>Commercial vehicles using the Airport for delivery of merchandise shall occupy only the areas designated by the Administration and at the times designated by the Administration. These areas may be eliminated, changed, or reassigned at the discretion of the Administration.</text> </paragraph> <paragraph num="(6)"> <text>Commercial and courtesy vehicles may only pick up passengers who have a prearranged reservation with the company.</text> </paragraph> <paragraph num="(7)"> <text>Soliciting of any kind by a commercial or courtesy vehicle operator, including, but not limited to, hand signals, hand-held lights, audible devices, physical contact, voice, and signs, other than those specified in §A(8) of this regulation, is prohibited on Airport property.</text> </paragraph> <paragraph num="(8)"> <text>A commercial or courtesy vehicle operator may not hold a sign larger than 11 inches × 17 inches designating the prearranged passenger's name and the company name. The company telephone number may not be displayed on the sign.</text> </paragraph> <paragraph num="(9)"> <text>Failure to abide by these regulations may result in forfeiture of the permit or denial of renewal of the permit for the following year.</text> </paragraph> <paragraph num="(10)"> <text>Fees.</text> <paragraph num="(a)"> <text>The fees in this subsection are established for all commercial vehicles and courtesy vehicles using the Airport.</text> </paragraph> <paragraph num="(b)"> <text>For a firm or person operating under a lease or concession contract with the Administration, which already makes payment to the Administration, payment of the fees specified in this regulation may be waived for vehicles specifically associated with the activities authorized under the lease or concession contract, but display of a valid permit on each authorized vehicle is required.</text> </paragraph> <paragraph num="(c)"> <text>For all other firms or persons, other than those meeting the conditions of §A(10)(b) of this regulation, the annual permit fee for each vehicle is $100.</text> </paragraph> <paragraph num="(d)"> <text>Fees for permits are:</text> <paragraph num="(i)"> <text>July 1 through September 30, per vehicle — $100;</text> </paragraph> <paragraph num="(ii)"> <text>October 1 through December 31, each vehicle — $75;</text> </paragraph> <paragraph num="(iii)"> <text>January 1 through March 31, each vehicle — $50;</text> </paragraph> <paragraph num="(iv)"> <text>April 1 through June 30, each vehicle — $25.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(11)"> <text>Permits may be obtained from the Administration upon presentation of the vehicle's Maryland or other state registration card and after payment of the requisite fee. Fees are not refundable.</text> </paragraph> <paragraph num="(12)"> <text>A replacement permit to replace the original permit which has been stolen, lost, or damaged may be obtained but shall be issued only upon proof satisfactory to the Administration that the original permit has been stolen, lost, or damaged. The fee for a replacement permit is $20.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Denial of Permit.</text> <paragraph num="(1)"> <text>The Division may deny an application for a permit if:</text> <paragraph num="(a)"> <text>An applicant provides information on the application that is:</text> <paragraph num="(i)"> <text>Incomplete;</text> </paragraph> <paragraph num="(ii)"> <text>Inaccurate;</text> </paragraph> <paragraph num="(iii)"> <text>False; or</text> </paragraph> <paragraph num="(iv)"> <text>Not current;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>An applicant does not have the appropriate governmental authority to operate;</text> </paragraph> <paragraph num="(c)"> <text>An applicant fails to pay the filing fee; or</text> </paragraph> <paragraph num="(d)"> <text>At the time of application, the applicant or applicant's employer or contractor currently has a permit suspended or revoked.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Division denies an application for a permit, the aggrieved applicant may appeal the Division's decision by filing an appeal with OAH in accordance with Regulation .05-3 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Prohibited Acts. While conducting commercial activity under a permit, a permit holder or its authorized operator may not:</text> <paragraph num="(1)"> <text>Pick up passengers who do not have a prearranged reservation with the company;</text> </paragraph> <paragraph num="(2)"> <text>Solicit by any means, including hand signals, hand-held lights, audible devices, physical contact, voice, and signs, other than a sign 11 inches × 17 inches or smaller that designates information about prearranged passengers and the company name;</text> </paragraph> <paragraph num="(3)"> <text>Hold a sign larger than 11 inches × 17 inches that designates information about prearranged passengers and a company name, if required;</text> </paragraph> <paragraph num="(4)"> <text>Display a company telephone number on the sign referred to in §C(3) of this regulation;</text> </paragraph> <paragraph num="(5)"> <text>Fail to display a currently valid permit on an area of the vehicle designated by the Administration;</text> </paragraph> <paragraph num="(6)"> <text>Display discourteous or inconsiderate behavior;</text> </paragraph> <paragraph num="(7)"> <text>Use profane or abusive conduct or language;</text> </paragraph> <paragraph num="(8)"> <text>Smoke while transporting a passenger;</text> </paragraph> <paragraph num="(9)"> <text>Violate Regulation .05E of this chapter as evidenced by:</text> <paragraph num="(a)"> <text>A conviction; or</text> </paragraph> <paragraph num="(b)"> <text>Payment of a fine provided for under that regulation;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Operate a motor vehicle in a reckless or unsafe manner, or in general disregard of the State laws governing the operation of motor vehicles, as evidenced by:</text> <paragraph num="(a)"> <text>A conviction; or</text> </paragraph> <paragraph num="(b)"> <text>Payment of a fine provided for under the applicable State law;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Operate a motor vehicle while under the influence of alcohol or drugs, as defined under State law, as evidenced by:</text> <paragraph num="(a)"> <text>A conviction; or</text> </paragraph> <paragraph num="(b)"> <text>Payment of a fine provided for under the applicable State law; or</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Violate any other applicable law or regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05-2" heading="Commercial Vehicles and Courtesy Vehicles — Disciplinary Proceedings."> <paragraph num="A."> <text>If a permit holder engages in a prohibited act, as defined by Regulation .05-1C of this chapter, the Division may:</text> <paragraph num="(1)"> <text>Issue a written warning to the permit holder;</text> </paragraph> <paragraph num="(2)"> <text>Suspend a permit; or</text> </paragraph> <paragraph num="(3)"> <text>Revoke a permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a permit holder engages in a prohibited act under Regulation .05-1C(10)—(12) of this chapter, the Division may suspend or revoke a permit without first issuing a warning to the permit holder.</text> </paragraph> <paragraph num="C."> <text>Letter of Warning.</text> <paragraph num="(1)"> <text>The Division shall issue a letter of warning to a permit holder by certified mail, return receipt requested, and first-class mail on:</text> <paragraph num="(a)"> <text>Receipt of a first complaint against the permit holder; or</text> </paragraph> <paragraph num="(b)"> <text>The permit holder's first violation of Regulation .05E of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The letter of warning shall:</text> <paragraph num="(a)"> <text>State the substance of the complaint or the regulation violated;</text> </paragraph> <paragraph num="(b)"> <text>Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the warning letter is mailed to the permit holder; and</text> </paragraph> <paragraph num="(c)"> <text>State that failure of the permit holder to provide an explanation shall result in the Division sustaining the warning.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.</text> </paragraph> <paragraph num="(4)"> <text>If the Division accepts the explanation, the Division shall send written notice to the permit holder and rescind the letter of warning.</text> </paragraph> <paragraph num="(5)"> <text>If the Division rejects the permit holder's explanation, the:</text> <paragraph num="(a)"> <text>Division shall sustain the warning;</text> </paragraph> <paragraph num="(b)"> <text>Division shall send written notice to the permit holder by certified mail, return receipt requested, and first-class mail;</text> </paragraph> <paragraph num="(c)"> <text>Warning shall become part of the permit holder's record maintained by the Division; and</text> </paragraph> <paragraph num="(d)"> <text>Division shall send a copy of the warning to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the permit holder fails to file a timely explanation, the notice in §C(5) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Suspension of Permit.</text> <paragraph num="(1)"> <text>The Division may suspend any permits issued to a permit holder on:</text> <paragraph num="(a)"> <text>Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The issuance of a second warning to a permit holder within a 12-month period before the date of issuance of the most recent warning; or</text> </paragraph> <paragraph num="(c)"> <text>The permit holder's second violation of Regulation .05E of this chapter within a 12-month period before the date of issuance of the most recent violation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Division shall send a written notice of proposed suspension to the permit holder by certified mail, return receipt requested, and first-class mail.</text> </paragraph> <paragraph num="(3)"> <text>The notice of proposed suspension shall:</text> <paragraph num="(a)"> <text>State the substance of the complaint or the regulation violated;</text> </paragraph> <paragraph num="(b)"> <text>Identify prior complaints or regulations violated;</text> </paragraph> <paragraph num="(c)"> <text>Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed suspension is mailed to the permit holder; and</text> </paragraph> <paragraph num="(d)"> <text>State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed suspension.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.</text> </paragraph> <paragraph num="(5)"> <text>If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the notice of proposed suspension.</text> </paragraph> <paragraph num="(6)"> <text>If the Division rejects the permit holder's explanation, the:</text> <paragraph num="(a)"> <text>Division shall sustain the notice of proposed suspension;</text> </paragraph> <paragraph num="(b)"> <text>Division shall send written notice of the suspension to the permit holder by certified mail, return receipt requested, and first-class mail;</text> </paragraph> <paragraph num="(c)"> <text>Notice shall identify the permits suspended and length of the suspension and state the effective date;</text> </paragraph> <paragraph num="(d)"> <text>Notice shall state the grounds for suspension;</text> </paragraph> <paragraph num="(e)"> <text>Notice shall inform the aggrieved permit holder that it may appeal the suspension within 10 calendar days from the date of the letter of suspension; and</text> </paragraph> <paragraph num="(f)"> <text>Division's decision shall become part of the permit holder's record maintained by the Division.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>If the permit holder fails to file a timely explanation, the notice in §D(6) of this regulation shall be mailed within 30 days from the deadline by which the permit holder was required to submit the explanation.</text> </paragraph> <paragraph num="(8)"> <text>An aggrieved permit holder may appeal the suspension in accordance with Regulation .05-3 of this chapter.</text> </paragraph> <paragraph num="(9)"> <text>If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.</text> </paragraph> <paragraph num="(10)"> <text>During the suspension period, the Division may not issue a new permit to the permit holder.</text> </paragraph> <paragraph num="(11)"> <text>If no appeal is filed, within 10 calendar days of the date of the decision to suspend, the permit holder shall surrender to the Administration any permits suspended.</text> </paragraph> <paragraph num="(12)"> <text>The Division shall send a copy of a final agency decision suspending the permit holder to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Revocation of Permit.</text> <paragraph num="(1)"> <text>The Division may revoke any permits issued to a permit holder on:</text> <paragraph num="(a)"> <text>Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The issuance of a third warning to a permit holder within a 24-month period before the date of issuance of the most recent warning; or</text> </paragraph> <paragraph num="(c)"> <text>The permit holder's third violation of Regulation .05E of this chapter within a 24-month period before the date of issuance of the most recent violation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Division shall send a written notice of proposed revocation to the permit holder by certified mail, return receipt requested, and first-class mail.</text> </paragraph> <paragraph num="(3)"> <text>The notice of proposed revocation shall:</text> <paragraph num="(a)"> <text>State the substance of the complaint or the regulation violated;</text> </paragraph> <paragraph num="(b)"> <text>Identify prior complaints or regulations violated;</text> </paragraph> <paragraph num="(c)"> <text>Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed revocation is mailed to the permit holder; and</text> </paragraph> <paragraph num="(d)"> <text>State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed revocation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.</text> </paragraph> <paragraph num="(5)"> <text>If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the proposed notice of revocation.</text> </paragraph> <paragraph num="(6)"> <text>If the Division rejects the permit holder's explanation, the:</text> <paragraph num="(a)"> <text>Division shall sustain the notice of proposed revocation;</text> </paragraph> <paragraph num="(b)"> <text>Division shall send written notice of the revocation to the permit holder by certified mail, return receipt requested, and first-class mail;</text> </paragraph> <paragraph num="(c)"> <text>Notice shall identify the permits revoked and the effective date of the revocation;</text> </paragraph> <paragraph num="(d)"> <text>Notice shall state the grounds for revocation;</text> </paragraph> <paragraph num="(e)"> <text>Notice shall inform the aggrieved permit holder that it may appeal the revocation within 10 calendar days from the date of the letter of revocation; and</text> </paragraph> <paragraph num="(f)"> <text>Division's decision shall become part of the permit holder's record maintained by the Division.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>If the permit holder fails to file a timely explanation, the notice in §E(6) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.</text> </paragraph> <paragraph num="(8)"> <text>An aggrieved permit holder may appeal the revocation in accordance with Regulation .05-3 of this chapter.</text> </paragraph> <paragraph num="(9)"> <text>If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.</text> </paragraph> <paragraph num="(10)"> <text>During the revocation period, the Division may not issue a new permit to the permit holder.</text> </paragraph> <paragraph num="(11)"> <text>If no appeal is filed, within 10 calendar days of the date of the decision to revoke, the permit holder shall surrender to the Administration any permits revoked.</text> </paragraph> <paragraph num="(12)"> <text>The Division shall send a copy of a final agency decision revoking a permit to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.</text> </paragraph> <paragraph num="(13)"> <text>For a 1-year period following the effective date of the revocation, the Division may not issue a new permit to the permit holder.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05-3" heading="Commercial Vehicles and Courtesy Vehicles — Appeals."> <paragraph num="A."> <text>Appeal to OAH.</text> <paragraph num="(1)"> <text>Not later than 10 calendar days from the Division's decision, an applicant whose application has been denied or a permit holder whose permit has been suspended or revoked may appeal the decision by sending a written request for a hearing by certified mail, return receipt requested, addressed to the Executive Director.</text> </paragraph> <paragraph num="(2)"> <text>Not later than 7 business days from the date of receipt of a timely request for a hearing, the Executive Director shall forward the request to OAH.</text> </paragraph> <paragraph num="(3)"> <text>OAH shall hold a hearing not later than 20 calendar days from the date OAH receives the hearing request.</text> </paragraph> <paragraph num="(4)"> <text>If the applicant or permit holder fails to appear at the hearing, OAH shall uphold the denial, suspension, or revocation.</text> </paragraph> <paragraph num="(5)"> <text>The hearing is conducted according to the procedures and regulations set forth in COMAR 28.02.01, except as modified by this regulation.</text> </paragraph> <paragraph num="(6)"> <text>Not later than 30 calendar days after the close of the hearing record, OAH shall issue a proposed decision that includes proposed findings of fact and conclusions of law and a proposed order.</text> </paragraph> <paragraph num="(7)"> <text>OAH shall send a copy of the proposed decision to the Executive Director and the parties.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Appeal to the Executive Director.</text> <paragraph num="(1)"> <text>Filing of Exceptions.</text> <paragraph num="(a)"> <text>Not later than 10 business days from the date of OAH's proposed decision, a party aggrieved by the proposed decision may appeal by filing written exceptions with the Executive Director.</text> </paragraph> <paragraph num="(b)"> <text>The exceptions shall specify the reasons why the proposed decision should be overturned.</text> </paragraph> <paragraph num="(c)"> <text>A party filing exceptions may request an oral argument and shall submit the request with the exceptions.</text> </paragraph> <paragraph num="(d)"> <text>A party filing exceptions shall mail a copy of its exceptions to the opposing party by first-class mail.</text> </paragraph> <paragraph num="(e)"> <text>If exceptions are not filed within the specified time period, the OAH proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Response to Exceptions.</text> <paragraph num="(a)"> <text>Not later than 10 business days after the exceptions are filed, the opposing party may file a response with the Executive Director.</text> </paragraph> <paragraph num="(b)"> <text>A party filing a response may request an oral argument and shall submit the request with the response.</text> </paragraph> <paragraph num="(c)"> <text>A party filing a response shall mail a copy of its response to the party filing exceptions by first-class mail.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Decision of the Executive Director.</text> <paragraph num="(a)"> <text>The Executive Director may rule on the exceptions with or without argument.</text> </paragraph> <paragraph num="(b)"> <text>If the Executive Director denies the exceptions, the proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.</text> </paragraph> <paragraph num="(c)"> <text>If the Executive Director grants the exceptions, the Executive Director shall modify the proposed decision accordingly and the modified decision is the final agency decision.</text> </paragraph> <paragraph num="(d)"> <text>The Executive Director shall issue the final decision in accordance with State Government Article, §§10-220 and 10-221, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>A party aggrieved by a final agency decision may seek judicial review in accordance with State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>Filing of a petition for judicial review under §C of this regulation does not operate as a stay of a suspension or revocation of a permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Commercial Activity."> <paragraph num="A."> <text>Commercial activity is permitted at the Airport only when expressly authorized in writing by and in a manner prescribed by the Administration. Commercial activity includes, but is not limited to:</text> <paragraph num="(1)"> <text>The sale or merchandising of any goods or services;</text> </paragraph> <paragraph num="(2)"> <text>The advertising or promotion of any goods or services;</text> </paragraph> <paragraph num="(3)"> <text>All commercial photography and recording, unless specifically exempted by the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maintenance and Repair of Leased Premises.</text> <paragraph num="(1)"> <text>The Administration is responsible for the maintenance, repair, and custodial services as specified in each of the tenant lease agreements.</text> </paragraph> <paragraph num="(2)"> <text>Tenant Responsibility.</text> <paragraph num="(a)"> <text>Tenants shall be responsible for repairs to leased premises which are damaged due to improper operation, misuse, or negligence of a tenant, or agent or agents of the tenant operating under control of the tenant. Repair of the premises shall be made at the tenant's own expense.</text> </paragraph> <paragraph num="(b)"> <text>The Administration shall be notified in writing whenever a tenant engages a contractor for the purpose of repairs and reserves the right to disapprove a contractor if there is reason to believe the contractor's performance will be unsatisfactory.</text> </paragraph> <paragraph num="(c)"> <text>Repair work shall be inspected and approved by the Administration before the release of a tenant from responsibility for the damage and repairs, whether the work was performed by the tenant or by a contractor hired by the tenant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration shall only provide custodial services which are specifically provided for in the contract/lease agreement between the Administration and the tenant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Building Permits.</text> <paragraph num="(1)"> <text>Construction or modifications to existing facilities in or on State-owned property under the jurisdiction of the Administration may not be undertaken without prior issuance of a building permit.</text> </paragraph> <paragraph num="(2)"> <text>The application shall be approved and the permit issued before the initiation of any construction or modification activities.</text> </paragraph> <paragraph num="(3)"> <text>The application for a building permit shall be accompanied by a complete set of plans and specifications for the work that is planned to ensure that the project is in compliance with applicable building codes, fire regulations, and other standards.</text> </paragraph> <paragraph num="(4)"> <text>Any construction work, installation, modification, or other work which does not comply with the approved application is subject to removal by the Administration at the applicant's expense.</text> </paragraph> <paragraph num="(5)"> <text>The building permit shall be displayed on the construction site at all times.</text> </paragraph> <paragraph num="(6)"> <text>All building, construction, and modifications to existing or new structures shall comply with the International Building Code, International Existing Building Code, NFPA 1 Uniform Fire Code, NFPA 101 Life Safety Code, and all other pertinent codes adopted by the State and the Maryland Aviation Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Minimum Standards for Commercial Aeronautical Activities.</text> <paragraph num="(1)"> <text>This section is applicable to any commercial activity which involves or is required for the operation of aircraft or which contributes to the safety of aeronautical operations.</text> </paragraph> <paragraph num="(2)"> <text>The activities in §D(1) of this regulation include:</text> <paragraph num="(a)"> <text>Charter operations;</text> </paragraph> <paragraph num="(b)"> <text>Pilot training;</text> </paragraph> <paragraph num="(c)"> <text>Aircraft rental and sightseeing;</text> </paragraph> <paragraph num="(d)"> <text>Aerial photography;</text> </paragraph> <paragraph num="(e)"> <text>Crop dusting;</text> </paragraph> <paragraph num="(f)"> <text>Aerial advertising and surveying;</text> </paragraph> <paragraph num="(g)"> <text>Air taxi operations;</text> </paragraph> <paragraph num="(h)"> <text>Aircraft sales and services;</text> </paragraph> <paragraph num="(i)"> <text>Sale of aviation petroleum products;</text> </paragraph> <paragraph num="(j)"> <text>Repair and maintenance of aircraft parts; and</text> </paragraph> <paragraph num="(k)"> <text>Air freight ground handling services.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration shall establish minimum acceptable qualifications to ensure that the level and quality of service, as well as other conditions, shall be adhered to by those conducting commercial activities at the Airport.</text> </paragraph> <paragraph num="(4)"> <text>The Administration may extend the opportunity to engage in commercial aeronautical activities at the Airport to applicants who meet the Administration's published standards for those activities, providing there is available suitable space at the Airport for the conduct of these activities, and have an Administration approved application for lease.</text> </paragraph> <paragraph num="(5)"> <text>An applicant wishing to engage in commercial aeronautical activities at the Airport shall submit a letter of application to the Administration. The letter shall include the type of activity that the applicant wishes to engage in, what facilities, or space, or both, are requested to accomplish the activity, and an outline of the operation of the intended activity at the Airport.</text> </paragraph> <paragraph num="(6)"> <text>The applicant shall furnish the following documents when submitting a letter of application:</text> <paragraph num="(a)"> <text>Evidence of organizational and financial capability to provide the proposed activity;</text> </paragraph> <paragraph num="(b)"> <text>Business and financial references; and</text> </paragraph> <paragraph num="(c)"> <text>A copy of the applicant's annual financial report, and that of the parent company if a wholly owned subsidiary, for the last complete fiscal year showing the applicant's assets and liabilities and the value of its unencumbered capital assets.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The annual report in §D(6)(c) of this regulation shall be certified by a certified public accountant. If unable to provide the annual report, the applicant shall provide bank references and other records necessary to substantiate the applicant's financial status.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Performance Requirements for the Ground Handling of Passenger-Carrying Air Carriers and Commercial Operations.</text> <paragraph num="(1)"> <text>This section applies to all fixed based operators, ground handling operators, and air carriers performing ground handling services at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>Commercial air carriers operating at the Airport that are not expressly granted ground handling rights in their agreements with the Administration shall be handled by an authorized fixed base operator, ground handling operator, or tenant air carrier (after this referred to as “operators”).</text> </paragraph> <paragraph num="(3)"> <text>Operators shall obtain approval from the Administration for each nontenant operation including assignment of aircraft parking space, holdroom use, and other terminal facilities. Requests for approval shall be submitted at least 10 days before the scheduled flight date or at the earliest practicable time.</text> </paragraph> <paragraph num="(4)"> <text>Costs and financial charges to nontenant air carriers/commercial operators shall be reasonable as measured by comparing the cost of providing these services to charges levied for similar services at other airports.</text> </paragraph> <paragraph num="(5)"> <text>Airport fees including landing, ticket counter, and holdroom fees collected by operators shall be forwarded to the Administration.</text> </paragraph> <paragraph num="(6)"> <text>On the basis of the Administration's evaluation of the activity, operators who fail to meet the prescribed performance requirements may be denied authorization to continue to conduct ground handling for passenger-carrying flights.</text> </paragraph> <paragraph num="(7)"> <text>In agreements between operators and air carriers and commercial operators of large aircraft, operators shall stipulate the requirement that Administration performance standards be met, along with applicable State or federal regulations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Standard Rates and Fees at Baltimore/Washington International Thurgood Marshall Airport. The Administration has established standard rates and fees for rental of space at the Airport. These rates and fees are available upon request.</text> </paragraph> <paragraph num="G."> <text>Festivals, Exhibits, and Trade Shows. A public or special event held at the Airport requires a Special Use permit authorized by the Administration and issued by the fire marshal in accordance with COMAR 29.06.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Environmental Protection and Public Health."> <paragraph num="A."> <text>Water Pollution. A person may not introduce or permit to be introduced into any water system or any surface or underground water at the Airport any organic or inorganic matter or deleterious substance which is injurious to human, plant, animal, fish, or other life or property. The types of permissible quantities of discharge shall be governed by the then applicable water discharge standards as promulgated by the United States Environmental Protection Agency under the Federal Water Pollution Control Act of 1972, or under any amendment or successor legislation to it, or as established by State statute or by COMAR 26.08.03, whichever is the most stringent.</text> </paragraph> <paragraph num="B."> <text>Air Pollution.</text> <paragraph num="(1)"> <text>A person may not introduce or permit to be introduced into the atmosphere at the Airport any air contaminants or combinations of them by burning or otherwise which are injurious to human, plant, or animal life or property, or which in any way interferes with the operation of aircraft on the ground or in the air. The types and permissible quantities of discharge into the air shall be governed by the atmospheric discharge standards applicable at the time, as promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act of 1970, or under any amendment or successor legislation to it, or as established by State statute or by COMAR 26.11.06, whichever is the most stringent.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate a motor vehicle, and the owner of a motor vehicle may not permit it to be operated, upon the air operations area unless the engine power and exhaust mechanism is equipped, adjusted, and operated in accordance with COMAR 11.14.02.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Sanitary Sewerage, Storm Drainage, and Industrial Waste System. The control of pollutants entering the sanitary sewerage, storm drainage, and industrial waste systems is governed by COMAR 26.04.01—26.04.03.</text> </paragraph> <paragraph num="D."> <text>Washing Vehicles and Equipment.</text> <paragraph num="(1)"> <text>The Administration maintains an airfield vehicle and equipment wash facility at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>The vehicle and equipment wash facility drain is connected to a fuel and oil separator to eliminate contaminants from storm water drains. It is the only location on the Airport which is approved for washing vehicles and equipment.</text> </paragraph> <paragraph num="(3)"> <text>Anyone using the Airport vehicle and equipment wash area shall ensure that all waste is disposed of in the trash container provided. Materials may not be left on the ramp area; mud, dirt, and other refuse washed from a vehicle or equipment shall be thoroughly flushed down the open drain; and the area shall be kept neat and presentable.</text> </paragraph> <paragraph num="(4)"> <text>Discharge of oil, garbage, trash, and industrial waste into the drain system at the Airport vehicle and equipment wash area is prohibited.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Health Laws. All food and beverage services and related activities shall be carried out in full compliance with federal laws and regulations and in compliance with Health-General Article, Title 21, Subtitles 2--10, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>Food and Beverage Service, and Related Activities.</text> <paragraph num="(1)"> <text>Only fully licensed food and beverage services are allowed to provide service on or for the Airport or any aircraft.</text> </paragraph> <paragraph num="(2)"> <text>Only establishments designed and constructed in accordance with State health laws and regulations are permitted to provide food and beverage services.</text> </paragraph> <paragraph num="(3)"> <text>Any food or beverage which has been subject to possible contamination shall be disposed of immediately. Disposal of any food or beverage shall be in an approved disposal system.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Aircraft Drinking Water.</text> <paragraph num="(1)"> <text>All aircraft water sources and piping systems shall meet the requirements of the Federal Public Health Service and COMAR 26.04.01.</text> </paragraph> <paragraph num="(2)"> <text>Aircraft drinking water may be used only for drinking and cooking. All other uses are prohibited.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Aircraft Toilet Waste.</text> <paragraph num="(1)"> <text>Sewage accumulated in aircraft waste retention tanks shall be emptied using a flexible hose. All hose connections and the container into which sewage is emptied shall be water-tight.</text> </paragraph> <paragraph num="(2)"> <text>In the event of a sewage spill, all contaminated equipment and areas shall be decontaminated in compliance with COMAR 26.04.01. Defective equipment may not be reused until repaired. Decontamination and repair are the responsibilities of the aircraft or equipment owner or operator.</text> </paragraph> <paragraph num="(3)"> <text>All waste receptacles shall be closed or covered when transported to the sanitary disposal building.</text> </paragraph> <paragraph num="(4)"> <text>Toilet waste shall be disposed of at the sanitary disposal building.</text> </paragraph> <paragraph num="(5)"> <text>Flushing, cleaning all waste tanks and receptacles, and filling rinse compartments shall be performed at the Airport sanitary disposal building.</text> </paragraph> <paragraph num="(6)"> <text>Water hydrants may not be used to service toilet waste trucks or carts.</text> </paragraph> <paragraph num="(7)"> <text>Toilet waste tank trucks may not enter any building other than the sanitary disposal building. Buildings leased by the truck's owner are excepted from this prohibition.</text> </paragraph> <paragraph num="(8)"> <text>All toilet waste tank trucks shall be approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Aircraft and Airport Solid Waste.</text> <paragraph num="(1)"> <text>All solid waste containers shall be approved by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>All solid waste containers shall be emptied at least once daily at the sanitary disposal building.</text> </paragraph> <paragraph num="(3)"> <text>Open solid waste containers are specifically prohibited.</text> </paragraph> <paragraph num="(4)"> <text>Airport tenants or users may not permit trash or rubbish to be placed within the air operations area except in authorized trash receptacles.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Waste Removal.</text> <paragraph num="(1)"> <text>Waste removal services require:</text> <paragraph num="(a)"> <text>A permit from the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Written approval from the Maryland Department of the Environment authorizing the use of a particular vehicle. Unauthorized vehicles are specifically prohibited.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Solid waste collection areas and containers shall be approved by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>Solid waste containers and areas provided by the Administration are designed for normal office waste. Extraordinary waste such as vehicle parts, construction debris, and used lubricants shall be removed by private contractors and in accordance with §J(1) and (2) of this regulation and federal and State laws and regulations.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Quarantine. Federal and State laws and regulations prevail in all cases of human and animal quarantine action.</text> </paragraph> <paragraph num="L."> <text>Occupational Safety Noise Levels. The Administration shall adhere to all noise-related safety requirements as promulgated in COMAR 26.02.03.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Personal Conduct."> <paragraph num="A."> <text>Use and Enjoyment of Airport.</text> <paragraph num="(1)"> <text>Conduct which interferes with the lawful use and enjoyment of the Airport and its facilities, or with passage from place to place, or through entrances, exits, or passageways is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Walking, driving a motor vehicle, or riding a bicycle on the public areas of the Airport other than on roads, walks, or rights-of-way provided are prohibited.</text> </paragraph> <paragraph num="(3)"> <text>Smoking or carrying any lighted tobacco products in any building owned or leased by the Administration is prohibited. Smoking shall be permitted only in outdoor areas specifically designated by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>An area in which smoking or carrying lighted tobacco products is permitted shall be prominently marked.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Proselytizing.</text> <paragraph num="(1)"> <text>“Proselytize” means to induce or recruit someone to convert to one's faith or to join one's party, institution, or cause.</text> </paragraph> <paragraph num="(2)"> <text>Proselytizing activities at the Airport may be conducted only in those areas, during those times, and in a manner specified by the Airport Director.</text> </paragraph> <paragraph num="(3)"> <text>Requests for Authorization to Conduct Proselytizing Activities.</text> <paragraph num="(a)"> <text>Requests shall be made in writing to the Airport Director.</text> </paragraph> <paragraph num="(b)"> <text>A request shall provide the name, address, and telephone number of the organization, the nature and purpose of the activity, and the name and address of each representative of the organization who will be proselytizing in the terminal.</text> </paragraph> <paragraph num="(c)"> <text>Copies of all literature to be distributed shall be included in the request.</text> </paragraph> <paragraph num="(d)"> <text>The request shall indicate whether the organization is a benevolent, religious, or political organization.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An individual or organization authorized to conduct proselytizing activities in the terminal shall contact the Administration the day before each planned and authorized activity for assignment of an area in which proselytizing is authorized.</text> </paragraph> <paragraph num="(5)"> <text>An individual or organization may not proselytize in the Airport for more than 14 days in any 30-day period. A new written request shall be submitted to the Airport Director before each 14-day period or portion of it during which an individual or organization desires to engage in proselytizing activities.</text> </paragraph> <paragraph num="(6)"> <text>Notwithstanding the provisions of §B(5) of this regulation an individual or organization may obtain a permit for an additional consecutive period if, as of the next to last day of the individual's or organization's permit period, no other individual or organization has obtained a permit for that period. An individual or organization wishing to succeed itself shall forward a letter of request to reach the Airport Director not later than 4:30 p.m. on the 12th day of an active permit.</text> </paragraph> <paragraph num="(7)"> <text>An individual or organization involved in proselytizing activities at the Airport for more than 15 days in a period of 45 days shall submit to identification procedures by the Airport Police.</text> </paragraph> <paragraph num="(8)"> <text>The Administration is responsible for the scheduling and monitoring of proselytizing activities and shall enforce all rules in compliance with these regulations.</text> </paragraph> <paragraph num="(9)"> <text>An Airport patron, employee, or other individual not involved in proselytizing activity may not be approached:</text> <paragraph num="(a)"> <text>Within 10 feet of any security screening point, terminal entrance vestibule, or other interior or exterior entrance, elevator, escalator, or stairway;</text> </paragraph> <paragraph num="(b)"> <text>Out of an unbroken line from and parallel to all ticket counters; or</text> </paragraph> <paragraph num="(c)"> <text>While in any airline ticket line or concession counter line.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>A proselytizing representative may not engage in dancing, or chanting, or use any musical or other noise-producing instrument, or speak in loud or boisterous language or tone, or engage in any other activity which could be disruptive to normal terminal activity.</text> </paragraph> <paragraph num="(11)"> <text>An individual or organization conducting proselytizing activities may not contend, imply, or lead Airport patrons to believe that the individual's or organization's views represent or are endorsed by the Administration, its tenants, or the State.</text> </paragraph> <paragraph num="(12)"> <text>An individual conducting proselytizing activities may not physically touch or contact Airport patrons, employees, or other persons, or attach objects to their clothing or baggage without their consent.</text> </paragraph> <paragraph num="(13)"> <text>Products or goods may not be sold or exchanged in the terminal unless a written contract with the Administration authorizing this commercial activity has been executed. However, proselytizing representatives may offer for sale books, pamphlets, newspapers, and other literature related to or concerning their organization or group, without a written contract, if the organization or group has otherwise received approval from the Airport Director to conduct proselytizing activity.</text> </paragraph> <paragraph num="(14)"> <text>If an infraction of these regulations is observed by a representative of the Administration, the Airport Director may immediately ask the proselytizing representative to leave. Expulsion may not exceed 24 hours from any one incident. Upon receipt of a sworn, written complaint from any Airport patron, employee, or other individual of an infraction of these regulations, the organization shall be warned and advised that any repetition of a violation of any of these regulations may result in expulsion from the terminal. Similar procedures, including initiation of criminal proceedings by the Airport Police, shall be used for subsequent infractions.</text> </paragraph> <paragraph num="(15)"> <text>The proselytizing organization has a right to a hearing to be conducted by the Airport Director.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Preservation of Property.</text> <paragraph num="(1)"> <text>Destroying, injuring, defacing, disturbing, removing, or tampering with any man-made or natural Airport property is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Any person who causes damage to Airport property is liable for damage payments.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Coin-operated Devices. Attempts to use a coin-operated machine without first depositing the coins required by the instructions on the machine are prohibited.</text> </paragraph> <paragraph num="E."> <text>Handbills. Handbills may be posted or distributed only with the prior authorization of the Administration.</text> </paragraph> <paragraph num="F."> <text>Picketing and Demonstrations.</text> <paragraph num="(1)"> <text>Picketing and demonstrations anywhere on the Airport shall be authorized by the Administration in advance.</text> </paragraph> <paragraph num="(2)"> <text>Persons picketing or demonstrating may do so only in areas specified by the Airport Director.</text> </paragraph> <paragraph num="(3)"> <text>Persons picketing or demonstrating shall conduct themselves in a peaceful and orderly manner.</text> </paragraph> <paragraph num="(4)"> <text>Persons picketing or demonstrating may not obstruct the use of the Airport by others, or interfere with the operation of the Airport.</text> </paragraph> <paragraph num="(5)"> <text>Persons under the influence of alcohol or drugs may not picket or demonstrate.</text> </paragraph> <paragraph num="(6)"> <text>Signs shall be approved in advance of a specified picket date by the Airport Director. Only hand-carried signs are permitted.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Disorderly Conduct. Use of the terminal building or any other public area of the Airport for sleeping or other purpose in lieu of a hotel, motel, or other public accommodation is prohibited.</text> </paragraph> <paragraph num="H."> <text>Use of Intoxicating Liquors. Consumption of intoxicating liquors is prohibited except in places designated for on-premises liquor consumption.</text> </paragraph> <paragraph num="I."> <text>Airfield Airspace Restrictions.</text> <paragraph num="(1)"> <text>Model aircraft, rockets, kites, balloons, parachutes (other than in an emergency), or similar contrivances are prohibited. Weather devices authorized by the Administration are excepted from this prohibition.</text> </paragraph> <paragraph num="(2)"> <text>Interference with the safe operation of any aircraft landing at, taking off from, or operating on the Airport is prohibited.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Animals.</text> <paragraph num="(1)"> <text>Domestic pets are not permitted in the terminal building unless destined for air transport and restrained in a container at all times. Exceptions to this section are:</text> <paragraph num="(a)"> <text>Guide dogs for the blind;</text> </paragraph> <paragraph num="(b)"> <text>Lead dogs for the hearing impaired; and</text> </paragraph> <paragraph num="(c)"> <text>Dogs used for governmental security purposes.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Wild animals shall be properly confined for air travel at all times while at the Airport.</text> </paragraph> <paragraph num="(3)"> <text>Hunting and trapping are prohibited.</text> </paragraph> <paragraph num="(4)"> <text>Horseback riding is prohibited.</text> </paragraph> <paragraph num="(5)"> <text>Pets shall be curbed.</text> </paragraph> <paragraph num="(6)"> <text>Feeding or otherwise encouraging the congregation of birds or other animals on or in the vicinity of the Airport is prohibited.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Lost Articles. Articles found in public areas at the Airport may be turned in to the Airport Lost and Found Office. Articles unclaimed by their proper owner shall be disposed of by the Administration. Nothing in this section shall be construed to deny the right of air carriers to maintain “lost and found” services for property of their passengers.</text> </paragraph> <paragraph num="L."> <text>Forgery and Counterfeit. A person may not make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit, or falsely altered pass, permit, identification card, certificate, placard, sign, or other authorization purporting to be issued by or on behalf of the Administration.</text> </paragraph> <paragraph num="M."> <text>Moving Stairways and Elevators.</text> <paragraph num="(1)"> <text>Entering upon a moving stairway at the Airport while using or controlling a wheeled vehicle or device for transporting baggage, packages, or persons is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Depressing the red emergency button of a self-service elevator or moving stairway under any circumstances other than during an actual emergency is prohibited.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Airport Security."> <paragraph num="A."> <text>Restricted Areas. An individual entering any restricted area on the Airport requires the authorization of the Administration.</text> </paragraph> <paragraph num="B."> <text>Security Regulations.</text> <paragraph num="(1)"> <text>Tampering or interfering with the lock or security access electronics of any door, window, gate, or other opening leading to the air operations area or any other restricted area at the Airport, or breaching any other security device is prohibited except under emergency conditions.</text> </paragraph> <paragraph num="(2)"> <text>Interference with security procedures or violation of security regulations or directives is prohibited.</text> </paragraph> <paragraph num="(3)"> <text>It is unlawful for an individual to knowingly and willingly enter an aircraft or an Airport restricted area including the air operations area, contrary to security requirements established by the federal government or the State.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Weapons.</text> <paragraph num="(1)"> <text>Weapons, except those properly packaged for shipment, are prohibited.</text> </paragraph> <paragraph num="(2)"> <text>Exceptions to §C(1) of this regulation are:</text> <paragraph num="(a)"> <text>Law enforcement officers of the federal government, of the State of Maryland, its political subdivisions, and of the Maryland Aviation Administration and any other State agency, if weapons are required in performance of their duties;</text> </paragraph> <paragraph num="(b)"> <text>Enplaning and deplaning passengers authorized by 49 CFR §1544.219 to carry weapons aboard aircraft; and</text> </paragraph> <paragraph num="(c)"> <text>Uniformed employees of licensed armored transport services under contract to any tenant of the Airport carrying handguns when actually transporting monies or valuables.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Discharge of any weapon on the Airport except in the performance of official duties or in the lawful defense of life or property is prohibited.</text> </paragraph> <paragraph num="(4)"> <text>Furnishing, giving, selling, or trading any weapon or simulated weapon on the Airport is prohibited. Toys sold by Airport concessionaires and approved by the Administration are excepted from this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Identification Badge.</text> <paragraph num="(1)"> <text>An individual entering the air operations area at the Airport shall display an identification badge or be properly escorted by an individual displaying an identification badge issued by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>The identification badge shall be worn conspicuously on the outermost garments.</text> </paragraph> <paragraph num="(3)"> <text>The type of plastic laminate on the identification badge shall be such that, if tampered with, any photograph and identification badge would be mutilated.</text> </paragraph> <paragraph num="(4)"> <text>An individual shall give prompt notice to the Airport Security Office if their identification badge is lost or stolen. The Administration may charge the individual a fee to replace an identification badge. The fees are:</text> <paragraph num="(a)"> <text>First replacement — $25;</text> </paragraph> <paragraph num="(b)"> <text>Each successive replacement — $50.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>An employer shall immediately collect and forward to the Airport Security Office the identification badge of an employee that is no longer employed by the employer. The Administration may charge a $100 fee to an employer for the failure to return an identification badge to the Administration.</text> </paragraph> <paragraph num="(6)"> <text>Identification badges are not transferable.</text> </paragraph> <paragraph num="(7)"> <text>An individual entering the air operations area or a restricted area shall insert the individual’s identification badge or personal identification number, or both, in the appropriate reader.</text> </paragraph> <paragraph num="(8)"> <text>All individuals in lawful possession of, or applying for, an identification badge from the Administration shall comply with all laws applicable to Airport security, including without limitation all rules, regulations, policies, and procedures established by the Administration or the United States Department of Homeland Security, by and through the United States Transportation Security Administration, including the provisions of 49 CFR Parts 1540, 1542, and 1544, as amended.</text> </paragraph> <paragraph num="(9)"> <text>All individuals approved to be an authorized signatory shall comply with all laws applicable to Airport security, including without limitation all rules, regulations, policies, and procedures established by the Administration or the United States Department of Homeland Security, by and through the United States Transportation Security Administration, including the provisions of 49 CFR Parts 1540, 1542, and 1544, as amended.</text> </paragraph> <paragraph num="(10)"> <text>The Administration’s Director of the Airport Security Office, or the Director’s designee, shall have the authority to refuse, revoke, suspend, or confiscate any individual’s identification badge for any lawful reason, including, but not limited to, violations of federal laws, State laws, or Airport security rules, regulations, policies, or procedures.</text> </paragraph> <paragraph num="(11)"> <text>If the Administration’s Director of the Airport Security Office, or the Director’s designee, determines that an individual in lawful possession of an identification badge poses an immediate or continuing threat to the security of the Airport or the health, safety, or welfare of Airport property, tenants, personnel, passengers, or customers, the Director, or the Director’s designee, may immediately revoke, suspend, or confiscate the individual’s identification badge.</text> </paragraph> <paragraph num="(12)"> <text>If the Administration’s Director of the Airport Security Office, or the Director’s designee, refuses, revokes, suspends, or confiscates an individual’s identification badge, notice of the action shall be mailed to the last known address of the individual and served personally on the individual through the individual’s authorized signatory. The notice shall state the reason for the action, the duration of the action, and any requirements that must be met before an identification badge can be restored, and shall advise the individual of the individual’s right to request a hearing before the Administration’s Executive Director or the Executive Director’s designee.</text> </paragraph> <paragraph num="(13)"> <text>Each notice of refusal, revocation, suspension, or confiscation shall be effective upon receipt by the individual’s authorized signatory. Except in matters involving refusals or immediate revocations, suspensions, or confiscations of identification badges, upon receipt of a request for a hearing, the Administration’s Executive Director, or the Executive Director’s designee, shall stay the revocation, suspension, or confiscation pending the outcome of the hearing. In matters involving refusals or immediate revocations, suspensions, or confiscations of identification badges, the refusal, suspension, revocation, or confiscation shall remain in effect until it is amended or terminated by the Executive Director, or the Executive Director’s designee, or it expires by its terms.</text> </paragraph> <paragraph num="(14)"> <text>A request for a hearing must be filed in writing with the Administration’s Executive Director no later than 10 calendar days after notice of the action has been served on the individual’s authorized signatory. The request for a hearing must state the grounds for the appeal. The Executive Director or the Executive Director’s designee shall review the individual’s written appeal and shall set a date to conduct a hearing. The Executive Director or the Executive Director’s designee shall render a final agency decision in writing.</text> </paragraph> <paragraph num="(15)"> <text>All hearings under this regulation shall be conducted and decisions rendered in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="General."> <paragraph num="A."> <text>Use of Language. Words of any gender used in these regulations include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires.</text> </paragraph> <paragraph num="B."> <text>Captions. The captions or headings of sections and subsections in these regulations are inserted for convenience only, and may not be considered in construing the provisions of the regulations if any questions of intent should arise.</text> </paragraph> <paragraph num="C."> <text>Severability. If any provision of these regulations or their application to any person or circumstances is held invalid, the remainder of other regulations and the application of that provision to other persons or circumstances is not affected.</text> </paragraph> <paragraph num="D."> <text>Penalties.</text> <paragraph num="(1)"> <text>Maximum penalties for violating any of these regulations relating to safety, preservation of order, or the movement of traffic at the Airport, are a fine of $100 or imprisonment for not more than 3 months, or both.</text> </paragraph> <paragraph num="(2)"> <text>Maximum penalties for violation of parking regulations are as defined in Regulation .05E of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Violators of any other of these regulations may be charged with a misdemeanor and, upon conviction in the District Court of Anne Arundel County or other court of competent jurisdiction, shall be subject to a maximum fine of $500, or imprisonment for not more than 90 days, or both.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Taxicab Regulations."> <paragraph num="A."> <text>General Regulations.</text> <paragraph num="(1)"> <text>When at the Airport, both Airport and non-Airport taxicab drivers shall conform to all laws, ordinances, rules, and regulations of their respective jurisdictions, as well as those of the Administration and the State.</text> </paragraph> <paragraph num="(2)"> <text>All taxicab drivers shall drop off passengers bound for the Airport terminal at the sidewalk curb on the upper level of the terminal public roadway system.</text> </paragraph> <paragraph num="(3)"> <text>Only taxicabs licensed to operate by a political subdivision of the State and operating pursuant to a concession contract with the Administration may pick up passengers at the Airport subject to this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Deadheading is prohibited except for:</text> <paragraph num="(a)"> <text>Airport cabs;</text> </paragraph> <paragraph num="(b)"> <text>Supplementary Airport cabs as permitted in the concession contract awarded by the Administration.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Taxicab drivers are prohibited from trying to attract or solicit customers while at the Airport by using hand-held lights, vehicle lights, signs, or other visual/auditory devices or aids, other than those markings and lights required and approved by the local jurisdiction to be mounted on a taxicab.</text> </paragraph> <paragraph num="(6)"> <text>It shall be a violation of these regulations for a person owning a taxicab to permit the taxicab to be used in violation of these regulations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Airport Taxicabs. Airport taxicabs shall operate in compliance with all provisions of the concession contract awarded by the Administration.</text> </paragraph> <paragraph num="C."> <text>Non-Airport Taxicabs.</text> <paragraph num="(1)"> <text>Non-Airport taxicabs shall park, as needed, in the public parking lots, subject to current parking rates, when conducting business other than the transporting of passengers and luggage to the Airport or when conducting business with the Administration relating directly to non-Airport taxicab operations.</text> </paragraph> <paragraph num="(2)"> <text>A non-Airport taxicab shall immediately depart the Airport after dropping off an incoming commercial passenger at the Airport terminal.</text> </paragraph> <paragraph num="(3)"> <text>Non-Airport taxicab drivers may not solicit passengers at the Airport, which includes the terminal building, its vestibules, sidewalks, roadways, and parking lots.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A violation of the provisions of these taxicab regulations is a misdemeanor, and the maximum penalty which may be imposed for each violation is as set forth in Regulation .10D(3) of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone."> <paragraph num="A."> <text>Definitions. Acoustic terminology definitions used in this regulation have the same meanings as stated in COMAR 11.03.03.01A.</text> </paragraph> <paragraph num="B."> <text>BWI Noise Zone.</text> <paragraph num="(1)"> <text>The BWI Noise Zone is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director shall update and recertify the Airport Noise Zone as required by developing contours of equal noise exposure using day-night average sound levels (Ldn) to determine the extent of impacted land uses.</text> </paragraph> <paragraph num="(3)"> <text>The certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone consists of the 65, 70, and 75 Ldn contours overprinted on county tax maps as indicated as follows:</text> <paragraph num="(a)"> <text>Airport Noise Zone Map;</text> </paragraph> <paragraph num="(b)"> <text>Tax Map Index;</text> </paragraph> <paragraph num="(c)"> <text>Anne Arundel County Tax Maps 3, 4, 7, 8, 9, and 15;</text> </paragraph> <paragraph num="(d)"> <text>Howard County Tax Map 44.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The noise zone is a composite of the 65, 70, and 75 Ldn noise contours for the base year of 2020 and future years of 2025 and 2030.</text> </paragraph> <paragraph num="(5)"> <text>The noise zone reflects the projected future use of the Airport, including existing and planned projects in the Master Plan or Capital Program that influence future Airport use.</text> </paragraph> </paragraph> <paragraph num="C."> <text>BWI Noise Abatement Plan.</text> <paragraph num="(1)"> <text>The BWI Noise Abatement Plan is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director shall review and update the BWI Noise Abatement Plan as required.</text> </paragraph> <paragraph num="(3)"> <text>All entities which use the Airport facilities shall comply with the BWI Noise Abatement Plan.</text> </paragraph> <paragraph num="(4)"> <text>The elements contained in the BWI Noise Abatement Plan are as follows:</text> <paragraph num="(a)"> <text>Modified departure procedures;</text> </paragraph> <paragraph num="(b)"> <text>Modified visual flight rule (VFR) arrival procedures;</text> </paragraph> <paragraph num="(c)"> <text>Preferred runway use system;</text> </paragraph> <paragraph num="(d)"> <text>Control of Ground Based Noise Sources;</text> </paragraph> <paragraph num="(e)"> <text>Continued monitoring;</text> </paragraph> <paragraph num="(f)"> <text>Continued control of incompatible development; and</text> </paragraph> <paragraph num="(g)"> <text>Noise assistance programs.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Business Hours of Operation of the Terminal and Other Locations at the Airport."> <paragraph num="A."> <text>General Regulations. The terminal at the Airport, the pedestrian bridges connecting the hourly garage at the Airport to the terminal, the hourly garage, and the on-Airport consolidated rental car facility are open to the public twenty-four hours a day. No individual may enter or be present in the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility except:</text> <paragraph num="(1)"> <text>Airline passengers and on-Airport consolidated rental car facility customers;</text> </paragraph> <paragraph num="(2)"> <text>Individuals meeting, accompanying, or assisting passengers on an arriving or departing flight;</text> </paragraph> <paragraph num="(3)"> <text>Individuals whose employment requires their presence in the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility; and</text> </paragraph> <paragraph num="(4)"> <text>Other individuals specifically authorized by the Executive Director to enter and be present in some or all of these locations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Violations.</text> <paragraph num="(1)"> <text>For purposes of this section, “authorized employee” means an employee of the Administration designated by the Executive Director to ask a person to leave the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility when the surrounding circumstances suggest that the person has no apparent lawful business to pursue at the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility.</text> </paragraph> <paragraph num="(2)"> <text>If a person refuses or fails to leave the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility upon proper request to do so by an authorized employee, the Airport Police shall be notified and the person shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 26, 1975 (2:27 Md. R. 1628)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 9, 1976 (3:12 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.03.04 to 11.03.01</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)</annotation> </annotations> </chapter> <chapter num="02" heading="Martin State Airport"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>Words not specifically defined in this regulation which relate to aeronautical practices, processes, and equipment, will be construed according to their general usage in the aviation industry.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandon” means forsake, desert, give up and surrender one's claim or right.</text> </paragraph> <paragraph num="(2)"> <text>“Administration” means the Maryland Aviation Administration of the Department of Transportation, established pursuant to the Transportation Article, §5-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Aircraft” means any contrivance now known or hereafter designed, invented, or used for navigation or flight in the air or space, except a parachute or other contrivance used primarily as safety equipment.</text> </paragraph> <paragraph num="(4)"> <text>“Air operations area” means any area of the Airport used or intended to be used for landing, taking off, or surface maneuvering of aircraft.</text> </paragraph> <paragraph num="(5)"> <text>“Airport” means Martin State Airport, owned by the State and operated by the Maryland Aviation Administration, as now existing or as the same may hereafter be developed.</text> </paragraph> <paragraph num="(6)"> <text>“Airport Director” means the Airport Director, Maryland Aviation Administration, Martin State Airport, or the Airport Director's designated representative.</text> </paragraph> <paragraph num="(7)"> <text>“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the Maryland Aviation Administration.</text> </paragraph> <paragraph num="(8)"> <text>“Bus” means a motor vehicle operated by an appropriately authorized agency on a fixed route and predetermined schedule to and from the Airport.</text> </paragraph> <paragraph num="(9)"> <text>“Combustible liquid” means any liquid that has a closed cup flash point at or above 100°F.</text> </paragraph> <paragraph num="(10)"> <text>“Commercial activity” means the sale, exchange, trading, buying, merchandising, hiring, marketing, promotion, or selling of commodities, goods, services, or property of any kind, or any revenue-producing activity, on the Airport.</text> </paragraph> <paragraph num="(11)"> <text>“Control tower” means an air traffic control tower located at the Airport.</text> </paragraph> <paragraph num="(12)"> <text>“Courtesy car” means a car operated to and from the Airport by hotel, motel, public parking firms, car rental companies, or other business specifically for the transportation or convenience of their patrons or for the execution of any part of a private business transaction.</text> </paragraph> <paragraph num="(13)"> <text>“Curbside” means the curb of the roadway adjacent to the Terminal Building.</text> </paragraph> <paragraph num="(14)"> <text>“Department” means the Department of Transportation.</text> </paragraph> <paragraph num="(15)"> <text>“Domestic animal” means any animal of a species usually domesticated in the United States and customarily found in the home.</text> </paragraph> <paragraph num="(16)"> <text>“Executive Director” means the Executive Director of the Maryland Aviation Administration, whose office is established pursuant to Transportation Article, §5-202.1, Annotated Code of Maryland, or the Executive Director's duly authorized representative.</text> </paragraph> <paragraph num="(17)"> <text>Fire Marshal.</text> <paragraph num="(a)"> <text>“Fire marshal” means an individual from the Airport Fire Marshal's Office or a fire prevention inspector who is employed by the BWI Airport Fire and Rescue Department.</text> </paragraph> <paragraph num="(b)"> <text>“Fire marshal” includes any designated representative of the State Fire Marshal's Office.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Fire Prevention Code” means the State Fire Prevention Code as defined in COMAR 29.06.01.</text> </paragraph> <paragraph num="(19)"> <text>“Flammable liquids” means any liquid that has a closed cup flash point below 100°F.</text> </paragraph> <paragraph num="(20)"> <text>“Garbage” means any refuse, food, trash, or rubbish.</text> </paragraph> <paragraph num="(21)"> <text>“Grounding or bonding” means providing a conductive path to equalize the potential static electricity between fueling equipment and aircraft by use of a cable.</text> </paragraph> <paragraph num="(22)"> <text>“IBC” has the meaning stated in COMAR 05.02.07.03B(7).</text> </paragraph> <paragraph num="(23)"> <text>“Industrial waste” means any waste product, liquid, gaseous, or solid, derived from industrial activity.</text> </paragraph> <paragraph num="(24)"> <text>“Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization:</text> <paragraph num="(a)"> <text>That is acceptable to the authority having jurisdiction and is concerned with product evaluation;</text> </paragraph> <paragraph num="(b)"> <text>That maintains periodic inspection of production of labeled equipment or materials; and</text> </paragraph> <paragraph num="(c)"> <text>By whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.</text> </paragraph> </paragraph> <paragraph num="(25)"> <text>“Law enforcement officer” means any person vested with a police power of arrest under federal, State, county, or city authority, and identifiable by uniform, badge, or other indicia of authority.</text> </paragraph> <paragraph num="(26)"> <text>“Limousine” means any motor vehicle having a rated seating capacity of six or more persons, not including the driver, operating to and from the Airport according to a valid certificate issued by the appropriate governmental agency.</text> </paragraph> <paragraph num="(27)"> <text>“Listed” means equipment, materials, or services included in a list published by an organization:</text> <paragraph num="(a)"> <text>That is acceptable to the authority having jurisdiction and concerned with evaluation of products or services;</text> </paragraph> <paragraph num="(b)"> <text>That maintains periodic inspection of production of listed equipment or materials; and</text> </paragraph> <paragraph num="(c)"> <text>Whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose.</text> </paragraph> </paragraph> <paragraph num="(28)"> <text>“Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except a device moved by human or animal power, and except aircraft and devices moved exclusively upon stationary rails or tracks.</text> </paragraph> <paragraph num="(29)"> <text>“Movement area” means the runways, taxiways, and other areas of the Airport that are used for the taxiing, takeoff, and landing of aircraft, except loading ramps and parking areas.</text> </paragraph> <paragraph num="(30)"> <text>“NFPA” has the meaning stated in COMAR 29.06.01.05B(5).</text> </paragraph> <paragraph num="(31)"> <text>“Officer” means a law enforcement officer.</text> </paragraph> <paragraph num="(32)"> <text>“Oil” means any substance of vegetable, animal, or mineral origin with an oily consistency, easily liquefiable on warming and soluble in ether but not in water.</text> </paragraph> <paragraph num="(33)"> <text>“Operator” means a person who is in actual physical control of an aircraft or a motor vehicle.</text> </paragraph> <paragraph num="(34)"> <text>“Owner” means a person who holds the legal title to an aircraft or motor vehicle; or, if the aircraft or motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession of an aircraft or motor vehicle on the Airport, or, if a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee, or mortgagor shall be considered the owner for the purpose of these regulations.</text> </paragraph> <paragraph num="(35)"> <text>“Parking lot” means any designated parking area such as employee and public areas, including parking structures.</text> </paragraph> <paragraph num="(36)"> <text>“Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative or employee thereof.</text> </paragraph> <paragraph num="(37)"> <text>“Regulations” means these regulations as they may be amended and supplemented from time to time.</text> </paragraph> <paragraph num="(38)"> <text>“Restricted area” means Airport areas with access limited to authorized persons only.</text> </paragraph> <paragraph num="(39)"> <text>“Solid waste” means any garbage, refuse, sludge, solid, liquid, semisolid, or contained gaseous materials which are by-products of commercial activity, as defined by COMAR 26.03.03 and 26.13.02.</text> </paragraph> <paragraph num="(40)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(41)"> <text>“Sunset” or “sunrise” means the time of sunset or sunrise at the Airport as published by the United States National Weather Service.</text> </paragraph> <paragraph num="(42)"> <text>“Taxicab” means any motor vehicle that carries persons for a fare, usually determined by a meter, and that is appropriately licensed as a taxicab by a proper governmental authority.</text> </paragraph> <paragraph num="(43)"> <text>“Terminal” or “terminal building” means any passenger terminal facility at the Airport, including all roadways and parking facilities associated with the facility.</text> </paragraph> <paragraph num="(44)"> <text>“Toxic material” means any material, liquid, gaseous, or solid substance, containing a poisonous agent.</text> </paragraph> <paragraph num="(45)"> <text>“Traffic” means pedestrians and vehicles, either singly or together, using any Airport area, while they are using it.</text> </paragraph> <paragraph num="(46)"> <text>“Weapon” means a gun, knife (other than a pocketknife, maximum 4-inch blade), blackjack, slingshot, metal knuckles, aerosol irritant projector, or any explosive device except when properly packaged for shipment.</text> </paragraph> <paragraph num="(47)"> <text>“Wild animal” means any animal of a species not usually domesticated in the United States or customarily found in the home.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Aircraft Regulations."> <paragraph num="A."> <text>Negligent Operations Prohibited. Aircraft may not be operated:</text> <paragraph num="(1)"> <text>At the Airport in a careless or negligent manner;</text> </paragraph> <paragraph num="(2)"> <text>In disregard of the rights and safety of others;</text> </paragraph> <paragraph num="(3)"> <text>Without due caution and circumspection; or</text> </paragraph> <paragraph num="(4)"> <text>At a speed or in a manner which endangers or is likely to endanger persons or property.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Compliance with Orders.</text> <paragraph num="(1)"> <text>Aeronautical activities shall conform to the current applicable provisions of the Federal Aviation Administration regulations and orders, applicable State law, these regulations, and orders issued by the Administration, the Airport Director, or an air traffic controller on duty in the control tower.</text> </paragraph> <paragraph num="(2)"> <text>All aircraft operated from the Airport, except aircraft specifically exempt from these requirements by law, shall be registered with the Federal Aviation Administration and shall have a Federal Aviation Administration certificate of airworthiness.</text> </paragraph> <paragraph num="(3)"> <text>The owner of an aircraft based or hangared at the Airport may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.</text> </paragraph> <paragraph num="(4)"> <text>The liability insurance policy shall provide coverage for at least $50,000 bodily injury per individual, $100,000 bodily injury per accident, and $50,000 property damage protection.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Denial of Use of Airport. The Executive Director may deny the use of the Airport to any pilot in violation of these regulations and shall have the authority to close the Airport or any portion of it to air operations or to any specific aircraft or class of aircraft if, in the Executive Director's opinion, the use of the Airport by the aircraft might endanger persons or property or jeopardize the operational efficiency of the Airport.</text> </paragraph> <paragraph num="D."> <text>Aircraft Accidents.</text> <paragraph num="(1)"> <text>A person operating an aircraft who is involved in an accident on the Airport, resulting in injury to any person or damage to any property, shall, if physically able:</text> <paragraph num="(a)"> <text>Stop the aircraft at the scene of the accident or as close as possible to it without obstructing other aircraft operations or motor vehicle traffic more than necessary;</text> </paragraph> <paragraph num="(b)"> <text>Notify the Airport Director and the Federal Aviation Administration;</text> </paragraph> <paragraph num="(c)"> <text>Then return to and remain at the scene of the accident until he has given a full report of it to the investigating official;</text> </paragraph> <paragraph num="(d)"> <text>Upon request, exhibit to the investigating officer any permit, license, registration, or other document relevant to the accident or the persons or property involved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A person operating an aircraft who is involved in an accident on the Airport, and the owner of the aircraft, if other than the operator, shall, if physically able, make a full written report of the accident to the Airport Director within 24 hours after the accident, or as soon as possible thereafter, including:</text> <paragraph num="(a)"> <text>The names and addresses of the persons involved;</text> </paragraph> <paragraph num="(b)"> <text>The registration and license number of the aircraft involved;</text> </paragraph> <paragraph num="(c)"> <text>The name of the insurance company shown on the liability insurance policy, and the policy or binder number; and</text> </paragraph> <paragraph num="(d)"> <text>Any other information relevant to the accident.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A person may not remove from the scene of the accident an aircraft involved in an accident on the Airport until permitted to do so by the Federal Aviation Administration, the National Transportation Safety Board, and the Administration.</text> </paragraph> <paragraph num="(4)"> <text>A person damaging any airfield lighting equipment or fixtures by means of contact with aircraft shall report the damage to the Airport Director immediately, and shall be fully responsible for the damage.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Removal of Disabled Aircraft.</text> <paragraph num="(1)"> <text>Aircraft owners, operators, and Airport tenants shall promptly remove disabled aircraft and their parts from the Airport unless required or directed to delay this action by the Administration or a federal agency.</text> </paragraph> <paragraph num="(2)"> <text>A person may not allow a disabled aircraft to block a runway unnecessarily. When a disabled aircraft is blocking or delaying the opening or use of any portion of a runway, the owner or operator of the aircraft shall make immediate arrangements to have the aircraft moved as soon as the Administration and all appropriate governmental agencies have cleared the move. If that action to remove the aircraft is not initiated as soon as is reasonably possible, or is not progressing at a reasonable rate, the Airport Director may initiate action to have the aircraft moved at the expense and risk of the owner.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Enplaning and Deplaning. A person may not enplane or deplane passengers or cargo at the Airport, except in specific areas designated by the Administration.</text> </paragraph> <paragraph num="G."> <text>Cleaning and Maintaining Aircraft. A person may not clean, paint, wash, polish, or otherwise maintain an aircraft at the Airport except in areas and under the conditions designated for this purpose by the Administration.</text> </paragraph> <paragraph num="H."> <text>Refusal of Clearance. The Executive Director may prohibit aircraft operations at the Airport when circumstances are considered likely to endanger persons or property, or for any other justifiable reason. The Executive Director or the Airport Director shall have the authority to issue a Notice to Airmen (NOTAM) to close or open the Airport, or any portion of it.</text> </paragraph> <paragraph num="I."> <text>Aircraft Equipment. Aircraft may not be operated on the Airport, other than a helicopter, unless it is equipped with a tail or nose wheel, and wheel brakes. Any exception shall be authorized by the Airport Director with proper procedural instructions.</text> </paragraph> <paragraph num="J."> <text>Landing and Taking Off.</text> <paragraph num="(1)"> <text>A person may not land an aircraft at, or take off an aircraft from, the Airport except on the runway or helipad and in the direction assigned and upon clearance obtained from the control tower. A person operating aircraft not requiring a runway, such as a helicopter, shall strictly conform to the air traffic instructions given by the control tower.</text> </paragraph> <paragraph num="(2)"> <text>A person may not land an aircraft at, or take off an aircraft from, the Airport other than in conformity with the air traffic instructions given by the control tower.</text> </paragraph> <paragraph num="(3)"> <text>A person may not land an aircraft on, or take off an aircraft from, an unserviceable runway at the Airport or from any ramp area or taxiway.</text> </paragraph> <paragraph num="(4)"> <text>All persons operating aircraft in the Airport Class “D” airspace as described in the Airman's Information Manual shall conform to the current established traffic patterns and procedures promulgated jointly by the Federal Aviation Administration (FAA) and the Airport Director.</text> </paragraph> <paragraph num="(5)"> <text>Simulated emergencies which require special handling by the control tower are prohibited within the Airport Class “D” airspace as described in the Airman's Information Manual.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Airport Marking and Lighting. A person may not operate an aircraft at the Airport, unless he obeys all Airport lighting and pavement marking signals.</text> </paragraph> <paragraph num="L."> <text>Motorless Aircraft. A person may not land at, or take off from, the Airport in a motorless aircraft without first obtaining permission from the Airport Director and clearance from the control tower.</text> </paragraph> <paragraph num="M."> <text>Experimental Flights, Demonstrations, and Stunt Flying.</text> <paragraph num="(1)"> <text>A person may not conduct experimental flights or ground demonstrations of flight equipment on the Airport without the previous approval of the Airport Director.</text> </paragraph> <paragraph num="(2)"> <text>A person may not perform or conduct stunt flying or air acrobatics at the Airport, except for public displays of aviation flight authorized by the Executive Director or Airport Director.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Starting and Running Aircraft Engines.</text> <paragraph num="(1)"> <text>Starting, running, or operating an aircraft at the Airport by any person other than FAA certificated pilots or mechanics, is prohibited.</text> </paragraph> <paragraph num="(2)"> <text>A person may not start an aircraft engine at the Airport unless blocks or chocks are placed in front of the wheels or the aircraft is provided with adequate brakes and they are in applied position.</text> </paragraph> <paragraph num="(3)"> <text>A person may not operate an aircraft engine at the Airport other than in places designated for these purposes by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>A person may not warm-up or run-up jet or turboprop engines at the Airport other than in those areas and at those times designated by the Administration. A jet or turboprop engine may not be run-up for maintenance purposes at the Airport between the hours of 8 p.m. and 8 a.m., except in an emergency, and with the previous approval of the Airport Director.</text> </paragraph> <paragraph num="(5)"> <text>A person may not leave an aircraft unattended with engines running or being tested.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Radio Ground Control. A person may not taxi or tow an aircraft at the Airport unless that person monitors the ground control frequency being used by the control tower and remains in direct communication with the control tower at all times while so operating anywhere within the Airport movement area under the active control of the control tower.</text> </paragraph> <paragraph num="P."> <text>Propeller Slipstream and Jet Blast. A person may not position, start, or run-up engines, or taxi an aircraft in such a manner that propeller slipstream or jet blast could cause injury to persons, scatter debris, or damage property on the Airport or in areas adjacent to the Airport.</text> </paragraph> <paragraph num="Q."> <text>Taxiing.</text> <paragraph num="(1)"> <text>A person may not taxi an aircraft at the Airport until he has ascertained that there is no danger of collision with any person or object in the immediate area.</text> </paragraph> <paragraph num="(2)"> <text>A person may not taxi an aircraft at the Airport except at a safe and reasonable speed.</text> </paragraph> <paragraph num="(3)"> <text>A person may not taxi an aircraft at the Airport in an aircraft movement area other than according to instructions of the control tower.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Aircraft Parking.</text> <paragraph num="(1)"> <text>A person may not park an aircraft anywhere on the Airport in such a position as to block access through hangar doors, unless this action is approved by the Airport Director or the operator having jurisdiction over these hangars.</text> </paragraph> <paragraph num="(2)"> <text>A person may not use any area of the Airport, other than the public aircraft parking and storage areas, for parking and storage of aircraft, except as otherwise specifically approved by lease or otherwise. If a person uses these areas for aircraft parking and storage, the Airport Director shall order the aircraft removed at the risk and expense of the owner.</text> </paragraph> <paragraph num="(3)"> <text>A person may not park an aircraft on a public aircraft parking area at the Airport other than according to the procedures and rate schedule established by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>A person may not park and leave any aircraft without the aircraft being tied down properly and the landing gear chocked with wheel blocks or other approved devices, except as otherwise approved by the Airport Director.</text> </paragraph> <paragraph num="(5)"> <text>A person may not load cargo on or unload cargo from an aircraft, except in designated areas or in areas totally contained within an established leasehold approved for this activity.</text> </paragraph> </paragraph> <paragraph num="S."> <text>Aircraft Lights. A person may not taxi an aircraft at the Airport in unlighted or poorly lighted areas, during periods of low visibility (less than 3 miles), or between the hours of sunset and sunrise, unless the navigational lights of the aircraft are kept lighted while the aircraft is taxied.</text> </paragraph> <paragraph num="T."> <text>Removal of Passengers from Aircraft. A person may not create a nuisance or a threat to persons, property, or aircraft operations while aboard an aircraft at the Airport. At the request of the owner or operator of this aircraft, law enforcement officers may forcibly remove the person from the aircraft.</text> </paragraph> <paragraph num="U."> <text>Derelict Aircraft.</text> <paragraph num="(1)"> <text>A person may not abandon any aircraft anywhere on the Airport. The Airport Director may remove any abandoned aircraft from the Airport at the sole risk and expense of the owner or operator of the aircraft.</text> </paragraph> <paragraph num="(2)"> <text>A person may not store or keep aircraft parts or components being held as inventory anywhere on the Airport other than in an enclosed facility approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="V."> <text>Damage to Airport. The owner or operator of any aircraft which by reason of any type of accident, crash, or fire, or which by reason of malfunction or operation, causes any damage to Airport property, shall be responsible to the Administration for the damage. The amount of the damage shall be ascertained by the Executive Director, who shall make demand upon the owner or operator for payment of the damage.</text> </paragraph> <paragraph num="W."> <text>Based Aircraft.</text> <paragraph num="(1)"> <text>A person may not base an aircraft, personal or company-owned, at the Airport, unless a written agreement has been obtained from the Administration or a fixed-base operator.</text> </paragraph> <paragraph num="(2)"> <text>Persons basing aircraft used for hire or other commercial purposes are required to have a written agreement with the Administration.</text> </paragraph> </paragraph> <paragraph num="X."> <text>Unauthorized Maintenance. Except as provided in Regulation .03C of this chapter, a person may not perform maintenance on transient, based, or leased aircraft on the Airport premises without a written agreement with the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fire Hazards."> <paragraph num="A."> <text>Cleaning of Equipment.</text> <paragraph num="(1)"> <text>The use of flammable or combustible liquids in the cleaning of aircraft, aircraft engines, propellers, or other appliances, equipment, or parts of aircraft is prohibited, unless those cleaning operations are conducted in facilities specifically approved by the Administration for that purpose and are performed in accordance with COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>A person may not use flammable or combustible liquids for cleaning purposes at the Airport, except as provided in §A of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>A person may not store, transport, or use cleaning fluids of a vaporizing nature at the Airport except in containers with dispensing devices which comply with the applicable sections of COMAR 29.06.01.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Open Flame Operations. Open flame operations may be conducted on the Airport only after obtaining a Welding and Burning permit from the Airport Operations office.</text> </paragraph> <paragraph num="C."> <text>Storage of Material.</text> <paragraph num="(1)"> <text>The storage of combustible materials in hangars at the Airport shall be conducted in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.</text> </paragraph> <paragraph num="(2)"> <text>The height of stored material may not exceed that of the lower or bottom side of roof trusses or of a point 18 inches below sprinkler lines or heads, whichever is lower. Storage areas shall have spaces between them as well as aisles throughout the areas of sufficient size to allow passage of fire department personnel and equipment. Sufficient spaces for aisles shall be determined through inspection by the fire marshal in compliance with COMAR 29.06.01.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Storage of Hazardous Material.</text> <paragraph num="(1)"> <text>Flammable and combustible liquids, gases, explosives, signal flares, or other hazardous materials shall be stored and kept in containers and receptacles and in structures and areas specifically approved by the fire marshal in accordance with COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>All tenants and concessionaires shall ensure that drums and containers are properly marked in accordance with 29 CFR §1910.1200.</text> </paragraph> <paragraph num="(3)"> <text>In addition to the labeling requirements of 29 CFR §1910.1200, each tenant and concessionaire shall mark its drums and containers with its company name and date of initial receipt of the item on the Airport premises.</text> </paragraph> <paragraph num="(4)"> <text>All tenants and concessionaires shall properly store drums and containers and ensure proper disposal of materials in accordance with COMAR 26.13.03.</text> </paragraph> <paragraph num="(5)"> <text>All tenants and concessionaires shall provide adequate documentation regarding the contents of drums and containers to inspectors of the Administration, the Maryland Department of the Environment, or other law enforcement agency.</text> </paragraph> <paragraph num="(6)"> <text>If, as a result of a routine inspection of the Airport premises, an improperly marked or stored drum or container is found, the tenant or concessionaire shall be cited. The tenant or concessionaire shall correct the deficiency within 1 working day. This inspection may be conducted by the Fire marshal or representatives of the Administration, the Maryland Department of the Environment, or the Maryland Division of Labor and Industry.</text> </paragraph> <paragraph num="(7)"> <text>If a tenant or concessionaire fails to correct the noted deficiency, the Administration may correct the deficiency or cause it to be corrected by a private contractor at the expense of the responsible party.</text> </paragraph> <paragraph num="(8)"> <text>All abandoned drums or containers shall be collected by the Administration and placed in storage at the expense of the owner.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Lubricating Oil.</text> <paragraph num="(1)"> <text>Lubricating oils shall be stored, kept, or transported in containers and receptacles, and in structures and areas, specifically approved by the fire marshal for these purposes in compliance with the applicable sections of COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>The storage of empty lubricating oil drums or cans on the Airport is prohibited, except in approved areas designated by the Administration in compliance with the applicable sections of COMAR 26.13.03.</text> </paragraph> <paragraph num="(3)"> <text>Petroleum products or objectionable industrial waste matter shall be discharged only into pans or containers provided for that purpose in compliance with the applicable sections of COMAR 29.06.01 and shall be disposed of in a manner approved by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>A company transporting oil on the Airport shall possess a valid Oil Operations Permit issued by the Waste Management Administration in accordance with COMAR 26.10.01.16.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Waste. The storage of oily wastes, rags, and other rubbish and trash at the Airport is prohibited unless in suitable metal receptacles with operating self-closing covers as approved by COMAR 29.06.01. All waste within this general classification shall be removed from the Airport premises daily.</text> </paragraph> <paragraph num="G."> <text>Smoking.</text> <paragraph num="(1)"> <text>Smoking shall be prohibited within the fuel farm or in any building owned or leased by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Smoking or carrying lighted cigars, cigarettes, pipes, matches, or any open flame within the air operations area is prohibited.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Floor Care. The accumulation of oil, grease, or other flammable material on the floors of hangars and other buildings is prohibited. The floors of hangars and other buildings shall be continuously kept free of rags, waste material, trash, rubbish, or other flammable materials.</text> </paragraph> <paragraph num="I."> <text>Care of Aircraft Ramp, Apron, and Parking Areas. Any person, including the operators of aircraft, causing overflowing or spilling of oil, grease, fuel, or any similar material anywhere at the Airport, is responsible for immediately cleaning the spillage. Upon the default of the responsible person to clean this area, the Airport Director may provide the necessary cleaning and charge the responsible person for the expense of it at established rates.</text> </paragraph> <paragraph num="J."> <text>Cleaning of Aircraft. The cleaning of aircraft shall be conducted in accordance with NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e). This cleaning shall only be permitted in areas of the Airport approved by the Administration.</text> </paragraph> <paragraph num="K."> <text>Doping, Spray Painting, and Paint Striping.</text> <paragraph num="(1)"> <text>Doping processes, spray painting, or paint stripping operations are permitted only in properly designed, ventilated buildings or areas that are approved by COMAR 29.06.01.</text> </paragraph> <paragraph num="(2)"> <text>Only persons who are properly clothed for safety and self-protection are permitted to enter or work in a doping or spray painting room while doping and spray painting operations are being conducted.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Fire Extinguishers. All fire extinguishing equipment shall be maintained according to the requirements of COMAR 29.06.01.</text> </paragraph> <paragraph num="M."> <text>Eye Hazards. The use of a material, such as oil absorbents or similar material, that creates an eye hazard when picked up, swirled, or blown about by the blast from an aircraft engine is prohibited in any passenger loading area or other public area at the Airport.</text> </paragraph> <paragraph num="N."> <text>Operating Motor Vehicles in Hangars. No tractor, tug, or other vehicle may be operated within any hangar or other building used for aircraft maintenance or storage when an aircraft is present, except in an emergency, unless the exhaust of the tractor, tug, or other motor vehicle is protected by screens or baffles to prevent the escape of sparks or the propagation of flame. The parking of motor vehicles in any hangar with an aircraft is prohibited. The parking of a motor vehicle in aircraft hangars where multiple aircraft are stored is prohibited.</text> </paragraph> <paragraph num="O."> <text>Grounding or Bonding of Aircraft. Aircraft in hangars shall be grounded or bonded for removal and control of static electrical accumulations on aircraft while aircraft are undergoing service or repair in accordance with NFPA 409 Aircraft Hangars, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(d). Aircraft being serviced on the Airport ramp or other designated area shall be grounded or bonded for removal and control of static electrical accumulations in accordance with NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).</text> </paragraph> <paragraph num="P."> <text>Motorized Ground Equipment Near Aircraft or Hangars.</text> <paragraph num="(1)"> <text>Motorized ground equipment may not be parked near any aircraft or hangar at the Airport in a manner that prevents this equipment from being readily driven or towed away in case of an emergency.</text> </paragraph> <paragraph num="(2)"> <text>The parking of motorized ground equipment near aircraft and hangars at the Airport shall be conducted in accordance with NFPA 407 Aircraft Fuel Servicing, §407-8, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Repairing of Aircraft. The repair of an aircraft or aircraft engine, propeller, or other aircraft apparatus is prohibited in an area of the Airport other than that specifically designated by the Administration for this purpose, except that minor adjustments or repairs may be made while the aircraft is at a tie-down position, on the terminal apron, or being prepared for departure.</text> </paragraph> <paragraph num="R."> <text>Operating Aircraft Engines in Hangars. A person may not start or operate aircraft engines inside a hangar at the Airport, other than the air rotation of jet engines without ignition.</text> </paragraph> <paragraph num="S."> <text>Heating Systems in Hangars. The installation and operation of any heating system or device is prohibited in any hangar at the Airport, other than systems or devices listed or labeled by an independent testing laboratory or facility as suitable for use in heating aircraft hangars. Those systems and devices shall be installed in the manner prescribed by and standards set forth in NFPA 70, National Electrical Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(a), and NFPA 409 Aircraft Hangars, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(d)). The use of portable aircraft engine heating equipment is prohibited inside any aircraft hangar. Only listed or labeled, and Federal Aviation Administration (FAA) approved, equipment shall be used.</text> </paragraph> <paragraph num="T."> <text>Electrical Equipment and Lighting Systems.</text> <paragraph num="(1)"> <text>All electrical equipment shall be in accordance with NFPA 70 National Electrical Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(a).</text> </paragraph> <paragraph num="(2)"> <text>The use of a portable lamp assembly in any maintenance shelter or hangar without a proper protective guard or shield over the lamp assembly to prevent breakage is prohibited.</text> </paragraph> <paragraph num="(3)"> <text>A person may not keep power-operated equipment or electrical devices running at the Airport while not properly supervised.</text> </paragraph> <paragraph num="(4)"> <text>Gasoline or diesel powered generators, compressors, or other similar equipment shall be properly grounded or bonded and may not be operated in any hangar.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-1" heading="Dangerous Articles."> <paragraph num="A."> <text>Explosives, Corrosives, Poisons, and Radiological Materials. The storing, retaining, handling, using, dispensing, or transporting of any Class A explosive or hazardous material (as defined by the “Hazardous Material Regulation of the U.S. Department of Transportation”) requires a Special Use permit authorized by the Airport Director and issued by the fire marshal under COMAR 29.06.01.</text> </paragraph> <paragraph num="B."> <text>Control of Explosives.</text> <paragraph num="(1)"> <text>Detonators such as blasting caps, electric blasting caps, and detonating primers shall be stored in a separate magazine for blasting supplies and may not be stored in a magazine with other explosive materials.</text> </paragraph> <paragraph num="(2)"> <text>Detonators shall be stored in a Type 1, 2, or 3 magazine, except that electric blasting caps having leg wires at least 4 feet long may be stored in a Type 4 magazine. Whenever specific types of magazines are required by COMAR 29.06.01, magazines of higher classifications shall be permitted to be substituted.</text> </paragraph> <paragraph num="(3)"> <text>Explosive materials that are bullet-sensitive shall be stored in a Type 1, 2, or 3 magazine.</text> </paragraph> <paragraph num="(4)"> <text>Explosive materials that are not cap-sensitive shall be stored in a Type 4 or 5 magazine.</text> </paragraph> <paragraph num="(5)"> <text>Magazines shall be in the charge of a competent person at all times who shall be at least 21 years old or a member of the Armed Services and who shall be held responsible for enforcement of all safety precautions.</text> </paragraph> <paragraph num="(6)"> <text>Magazine doors shall be kept locked, except during the time of placement and removal of stocks of explosives, or during inspection.</text> </paragraph> <paragraph num="(7)"> <text>Safety rules governing the operation of magazines shall be posted on the interior of the magazine door.</text> </paragraph> <paragraph num="(8)"> <text>Aircraft that are involved in loading, unloading, reloading, or temporary retaining of Class A explosives or blasting agents shall be parked on the Airport in areas designated by the Administration. Class B and C explosives shall be handled in the same manner when compliance is deemed necessary by the Airport Director to ensure public safety.</text> </paragraph> <paragraph num="(9)"> <text>Explosive cargo shall be ground transported to and from the designated parking areas in vehicles equipped in accordance with federal regulations.</text> </paragraph> <paragraph num="(10)"> <text>A carrier of explosive cargo shall notify the Airport Director at least 12 hours before the scheduled arrival of the aircraft involved. The Airport Director will then issue the appropriate NOTAMs.</text> </paragraph> <paragraph num="(11)"> <text>Explosives may not be stored on an aircraft which has been authorized to park in a designated area. Temporary use of the designated area by an explosive-laden aircraft or temporary use of the designated area for explosives which are ready for air shipment or which have arrived by air for further movement may be permitted for not longer than 12 hours.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03-2" heading="Fueling and Defueling."> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>The provisions of this section govern and control the fueling and defueling of aircraft at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not fuel or defuel any aircraft while any engine of the aircraft is running.</text> </paragraph> <paragraph num="(3)"> <text>The smoking or carrying of lighted cigars, cigarettes, pipes, matches, or any open flame is prohibited within 100 feet of the site at which an aircraft is being fueled or defueled, or within 100 feet of the site of a flammable or combustible liquid spill.</text> </paragraph> <paragraph num="(4)"> <text>The operation of any electrical appliance in an aircraft is prohibited when the aircraft is being fueled or defueled.</text> </paragraph> <paragraph num="(5)"> <text>A person may not fuel or defuel an aircraft unless the aircraft and the fuel apparatus both are electrically bonded.</text> </paragraph> <paragraph num="(6)"> <text>When a fuel spill occurs at or near a fuel delivery device, the Administration shall be notified immediately. Valves and dome covers shall be shut down, and the fueling vehicle shall remain in place until the arrival of fire department vehicles. If the engine of the fueling vehicle is running at the time of the fuel spill, it shall remain running until orders otherwise are issued by the fire department incident commander at the scene. Conversely, if the engine of the fueling vehicle is shut down at the time of the fuel spill, it shall remain shut down until the fire department incident commander at the scene orders the vehicle removed. Fueling or defueling operations may not resume following a fuel spill until all affected areas are thoroughly cleaned.</text> </paragraph> <paragraph num="(7)"> <text>No person, except personnel engaged in the fueling, defueling, servicing, and operation of an aircraft, may be within 100 feet of aircraft during fueling or defueling, excluding passengers and flight crew.</text> </paragraph> <paragraph num="(8)"> <text>A person may not be in any aircraft being fueled or defueled.</text> </paragraph> <paragraph num="(9)"> <text>A material which may cause a static spark during fueling or defueling of aircraft may not be used within 100 feet of any aircraft being fueled or defueled.</text> </paragraph> <paragraph num="(10)"> <text>A person may not engage in aircraft fueling or defueling operations without fire extinguishers within ready reach.</text> </paragraph> <paragraph num="(11)"> <text>A person may not start the engine of any aircraft when there is any flammable or combustible liquid on the ground near the aircraft.</text> </paragraph> <paragraph num="(12)"> <text>A person may not fuel or defuel an aircraft with fueling hoses and other equipment or apparatus which are not in a safe, sound, and nonleaking condition.</text> </paragraph> <paragraph num="(13)"> <text>A person may not use hoses, funnels, and appurtenances in fueling and defueling operations unless the hoses, funnels, and appurtenances are equipped with a grounding or bonding device in good order to prevent ignition of flammable liquids.</text> </paragraph> <paragraph num="(14)"> <text>A person may not engage in the fueling and defueling of aircraft or the maintenance of aircraft fueling systems at a distance of less than 50 feet from any hangar or other building, unless conducted in compliance with:</text> <paragraph num="(a)"> <text>NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e); and</text> </paragraph> <paragraph num="(b)"> <text>NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>Use of Automotive Fuel in Aircraft Engines.</text> <paragraph num="(a)"> <text>Except as provided in §A(14)(b), the use of automotive fuel (MOGAS) in an aircraft engine is prohibited. The Administration, acting as the vendor of aviation fuel at the Airport, may not service any aircraft with aviation fuel (AVGAS) if it is determined that the aircraft has been fueled previously with automotive fuel (MOGAS).</text> </paragraph> <paragraph num="(b)"> <text>Permissible use of MOGAS shall be extended only to those aircraft owners/operators carrying a Supplemental Type Certificate (STC) from the Federal Aviation Administration which specifically authorizes use of MOGAS in the aircraft or if the aircraft is certified for MOGAS use by the Federal Aviation Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Fueling Vehicles.</text> <paragraph num="(1)"> <text>A person may not park a fueling vehicle other than in an area assigned by the Administration, except for the accomplishment of minor adjustments or repairs necessary to move this vehicle to a designated storage area when failure occurs elsewhere on the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not bring, keep, or store fuel vehicles, empty or otherwise, within any building at the Airport, unless the building is properly equipped for that purpose, or, in those instances under controlled conditions, during approved fueling and defueling operations.</text> </paragraph> <paragraph num="(3)"> <text>A person may not back a fueling vehicle anywhere on the Airport, unless an attendant is present outside the fueling vehicle to assist the operator of the fueling vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A person may not operate or ground test airborne radar equipment in any area on the Airport, except in areas approved for these purposes, when the directional beam of high intensity radar is within 300 feet, or the low intensity beam is within 100 feet, of another aircraft, aircraft fueling operation, aircraft fueling truck, or aircraft fuel or flammable liquid storage facility.</text> </paragraph> <paragraph num="D."> <text>The Administration shall adhere to NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c), and NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e).</text> </paragraph> <paragraph num="E."> <text>Furnace Rooms. A person may not let rubbish accumulate in the furnace rooms or any hangar or other building at the Airport. Rubbish in furnace rooms shall be collected in metal covered containers and shall be disposed of daily.</text> </paragraph> <paragraph num="F."> <text>Clothes Lockers. A person may not install or use at the Airport a clothes locker constructed of anything besides metal. All clothes lockers shall be either secured to a wall or anchored to the floor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Control of Vehicular Traffic on the Air Operations Area."> <paragraph num="A."> <text>Operating Procedure. The control of all vehicular traffic on the air operations area shall be governed by the regulations of the Administration.</text> </paragraph> <paragraph num="B."> <text>Authority to Operate on the Air Operations Area.</text> <paragraph num="(1)"> <text>A person may not operate or cause to be operated any motor vehicle on the air operations area, unless this operation is directly related to an aviation activity at the Airport, to the business of the Administration, or to the business of a tenant or authorized subtenant of the Airport engaged in a business activity authorized by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not drive a motor vehicle on the air operations area without proper vehicle identification as prescribed by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>A person may not wash, clean, or polish a motor vehicle within the air operations area or at any point on the Airport other than that approved by the Airport Director.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Communication with Control Tower.</text> <paragraph num="(1)"> <text>A person may not drive a motor vehicle on or across an active runway or taxiway unless he maintains direct contact with and receives clearance from the control tower. If the vehicle is not equipped with an operable two-way radio on the assigned ground control frequency, it may be used on or across an active runway or taxiway only under the escort or by the instructions of another motor vehicle equipped with two-way radio able to maintain contact with the control tower or, with prior arrangement, in conformance with light signals from the control tower.</text> </paragraph> <paragraph num="(2)"> <text>Vehicles without radio equipment that have been permitted to operate on the airfield in accordance with light signals may not proceed any closer than 200 feet from the edge of any active runway without clearance from the control tower. It shall be the responsibility of all vehicle operators to recognize and understand the standard light signals used by the control tower.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Operations Near Aircraft.</text> <paragraph num="(1)"> <text>No person other than the operator of an aircraft servicing vehicle for a designated aircraft may operate a motor vehicle on the air operations area so as to pass within 20 feet of a parked aircraft.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate an aircraft servicing vehicle on the loading ramp unless the aircraft to be serviced has come to a complete stop at its designated loading position.</text> </paragraph> <paragraph num="(3)"> <text>All vehicles shall pass to the rear of taxiing aircraft.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Speed Limits.</text> <paragraph num="(1)"> <text>A person may not operate any motor vehicle, other than an emergency vehicle proceeding in response to an alarm, on the air operations area at a speed exceeding 25 miles per hour, except as otherwise posted.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate any motor vehicle on aircraft parking ramps, aprons, or in hangar areas at a speed exceeding 15 miles per hour.</text> </paragraph> <paragraph num="(3)"> <text>A person may not drive a motor vehicle within 20 feet of a parked or taxiing aircraft at a speed exceeding 5 miles per hour.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Careless Driving. A person may not operate a motor vehicle on the air operations area in a careless or reckless manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.</text> </paragraph> <paragraph num="G."> <text>Safety Equipment.</text> <paragraph num="(1)"> <text>A person may not operate a motor vehicle on the air operations area unless this vehicle is properly maintained and is equipped with the safety equipment, in operable condition, described in this section.</text> </paragraph> <paragraph num="(2)"> <text>Motor Vehicle Lights.</text> <paragraph num="(a)"> <text>A person may not operate a motor vehicle on the air operations area, other than a motor vehicle designed for only one headlight, unless the motor vehicle is equipped with two headlights and one or more red taillights.</text> </paragraph> <paragraph num="(b)"> <text>A person may not operate a motor vehicle on the air operations area unless the vehicle's headlights and taillights are kept lighted between the hours of sunset and sunrise and at all times when passing through unlighted or poorly lighted areas.</text> </paragraph> <paragraph num="(c)"> <text>A person may not allow a stalled motor vehicle to remain on the air operations area between the hours of sunset and sunrise unless the parking lights of the vehicle are kept on or warning lights are posted.</text> </paragraph> <paragraph num="(d)"> <text>A person may not operate a motor vehicle on the air operations area unless headlights of the vehicle are sufficient to meet State requirements.</text> </paragraph> <paragraph num="(e)"> <text>A person may not operate a baggage or cargo cart and trailers on the air operations area unless the cart is equipped with at least two yellow reflectors on each side and two red reflectors on the rear.</text> </paragraph> <paragraph num="(f)"> <text>A person may not operate a motor vehicle on a taxiway or runway unless the vehicle is equipped with United States Department of Transportation-type clearance lights and mounted to United States Department of Transportation requirements. If a vehicle configuration will not permit installation of ICC clearance lights, a single 50 candle power non-flashing red light may be used.</text> </paragraph> <paragraph num="(g)"> <text>All motor vehicles with headlights approved for operating on the air operations area shall be equipped with dimmer switches. If there is no provision for dimming headlights, they must be focused so as to strike the ground not more than 50 feet ahead of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Motor Vehicle Brakes.</text> <paragraph num="(a)"> <text>A person may not operate a motor vehicle on the air operations area unless he tests the brakes of this vehicle upon approaching an aircraft within the distance necessary to avoid a collision with the aircraft if the brakes on the motor vehicle fail.</text> </paragraph> <paragraph num="(b)"> <text>A person may not operate a motor vehicle unless it is equipped with an emergency brake capable of holding the motor vehicle on a 30-degree grade.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Motor Vehicle Windows and Mirrors.</text> <paragraph num="(a)"> <text>A person may not operate a motor vehicle on the air operations area, except specialized Airport and aircraft servicing equipment not licensed for general highway use and having an open cab which provides the driver with unobstructed 360-degree visibility, unless the vehicle is equipped with at least one mirror adjusted so that the operator of the vehicle shall have a clear view of the road behind for a distance of at least 200 feet.</text> </paragraph> <paragraph num="(b)"> <text>A person may not operate a motor vehicle on the air operations area unless the windows of the vehicle are free of cracks, blisters, discoloration, and any other defect causing distortion or obstruction of the vision of the operator.</text> </paragraph> <paragraph num="(c)"> <text>A person may not use or place posters, stickers, signs, or other objects on the windows of a motor vehicle operating on the air operations area, other than those required by the Administration or by law.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>All vehicles approved for operating on the air operations area shall carry an approved fire extinguisher of the type and size required by the Airport Director.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Emergency Vehicles and Conditions.</text> <paragraph num="(1)"> <text>A person operating a motor vehicle on the air operations area shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal.</text> </paragraph> <paragraph num="(2)"> <text>Emergency conditions existing on the air operations area will not mitigate or cancel any existing regulation.</text> </paragraph> <paragraph num="(3)"> <text>Under emergency conditions, such as an aircraft accident or fire, access to the air operations area is barred for all vehicles or persons except those whose duties require their admittance.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Occupants of Motor Vehicles.</text> <paragraph num="(1)"> <text>While on the air operations area, a person may not ride on the running board of a moving motor vehicle, stand up in the body of a moving motor vehicle, ride on the outside of the body of a moving motor vehicle, or ride on the vehicle with his arms or legs protruding from the body of the vehicle, unless the motor vehicle is so designed.</text> </paragraph> <paragraph num="(2)"> <text>A person operating a motor vehicle on the air operations area may not allow any passengers to ride in the vehicle other than those passengers permitted by these regulations or by other applicable law.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Tugs and Trailers.</text> <paragraph num="(1)"> <text>A person may not operate a trailer or semitrailer on the air operations area, unless the trailer or semitrailer is equipped with proper brakes so that when disengaged from a towing vehicle, no propeller slipstream, jet blast, or wind will cause it to become free-rolling.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate towed equipment on the air operations area unless the equipment has positive locking couplings.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Yielding Right-of-Way.</text> <paragraph num="(1)"> <text>A person operating a motor vehicle on the air operations area shall yield the right-of-way to aircraft in motion or aircraft with engines running, ready to be put in motion.</text> </paragraph> <paragraph num="(2)"> <text>A person operating a motor vehicle on the air operations area may not cross or enter motor vehicle traffic lanes without yielding the right-of-way to vehicles already in these lanes.</text> </paragraph> <paragraph num="(3)"> <text>A person operating motor vehicles on the air operations area shall observe left-to-left passing of approaching vehicles.</text> </paragraph> <paragraph num="(4)"> <text>A person operating motor vehicles on the air operations area shall yield right-of-way to emergency vehicles.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Traffic Control. A person may not operate a motor vehicle on the air operations area unless that person obeys all posted regulatory signs and traffic signals and all instructions by the control tower, the Airport Director, or a law enforcement officer.</text> </paragraph> <paragraph num="M."> <text>Parking.</text> <paragraph num="(1)"> <text>A person may not park a motor vehicle, or motorized or other equipment, on the air operations area except at those points designated by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not park a motor vehicle or other equipment on the air operations area within 15 feet of any fire hydrant or other fire control apparatus.</text> </paragraph> <paragraph num="(3)"> <text>A person may not park a motor vehicle, or motorized or other equipment, on the air operations area so as to interfere with or prevent the passage or movement of aircraft or emergency or other motor vehicles.</text> </paragraph> <paragraph num="(4)"> <text>A person may not park an unattended vehicle or other equipment adjacent to a runway, unless those motor vehicles or other equipment are parked parallel to the runway and at least 200 feet from the edge of the runway.</text> </paragraph> <paragraph num="(5)"> <text>A person may not leave a motor vehicle unattended with the engine running.</text> </paragraph> <paragraph num="(6)"> <text>A motor vehicle or other equipment on the air operations area, parked in such a manner as to create a nuisance or hazard, or interfere with aircraft operations and emergencies, may be removed to a location designated by the Airport Director, at the expense of the owner.</text> </paragraph> </paragraph> <paragraph num="N."> <text>Motor Vehicle Accidents.</text> <paragraph num="(1)"> <text>A person operating a motor vehicle on the air operations area who is involved in an accident resulting in injury to any person or damage to any property, shall, if physically able, do the following:</text> <paragraph num="(a)"> <text>Stop the vehicle at the scene of the accident or as clearly as possible to it without obstructing traffic more than necessary;</text> </paragraph> <paragraph num="(b)"> <text>Notify the Airport Director;</text> </paragraph> <paragraph num="(c)"> <text>Return to and remain at the scene of the accident until he has given a full report of the same to the investigating officer;</text> </paragraph> <paragraph num="(d)"> <text>Upon request, and if physically able, exhibit to the investigating officer any permit, license, registration, or other document relevant to this accident or the persons or property involved.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A person operating a motor vehicle on the air operations area who is involved in an accident as defined in §N(1) of this regulation, and the owner of the vehicle (if other than the operator), shall, if physically able, make a full written report of this accident to the Airport Director within 24 hours after the accident, and shall include the names and addresses of the persons involved, the description of the property or vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Repair of Motor Vehicles. A person may not clean, repair, maintain, or overhaul any motor vehicle or motorized or other equipment on the air operations area, other than in an approved shop area, except for those repairs necessary to remove this motor vehicle or equipment from the air operations area.</text> </paragraph> <paragraph num="P."> <text>Contractor's Access and Use of Premises.</text> <paragraph num="(1)"> <text>A person may not gain access to and egress from the site of construction on the airfield area in a motor vehicle or construction equipment belonging to or under the supervision of a contractor other than by routes and through gates designated by the Administration, and only during those periods of time specified in writing by the Airport Director.</text> </paragraph> <paragraph num="(2)"> <text>A person may not allow a motor vehicle or construction equipment belonging to or under the supervision of a contractor to remain at the work area at the end of the working day or to be parked overnight in any position or location where it constitutes an actual or potential hazard to aircraft or motor vehicles at the Airport. If, however, the contractor has the written authorization of the Airport Director to leave these motor vehicles or construction equipment parked overnight, they shall be marked and lighted as required.</text> </paragraph> <paragraph num="(3)"> <text>A person may not operate a motor vehicle or construction equipment belonging to or under the supervision of an Airport contractor on or across an active runway at the Airport, unless the vehicle or equipment is escorted by a motor vehicle equipped with a two-way radio in contact with the control tower or is itself so equipped.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Vehicle Identification and Registration.</text> <paragraph num="(1)"> <text>A person may not operate a motor vehicle based at the Airport on the air operations area unless the vehicle is registered with the Airport Director, with permission obtained for the operation of the vehicle, and unless the vehicle is clearly marked with the company name, logo, or other means of identification acceptable to the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate a motor vehicle based off the Airport on the air operations area on a regular continuing basis, including but not limited to off-Airport contractor and service company vehicles, unless this person conspicuously displays in a window of the vehicle an “official permit” issued by the Administration, or is escorted by approved Administration or tenant personnel.</text> </paragraph> <paragraph num="(3)"> <text>A person may not operate a motor vehicle based off the Airport on the air operations area for the purpose of making a delivery on a one-time basis, unless the vehicle is escorted by approved Administration or tenant personnel.</text> </paragraph> <paragraph num="(4)"> <text>A person may not operate roadway-authorized motor vehicles, or vehicles without two-way radios, on the air operations area without notifying the control tower before entry.</text> </paragraph> <paragraph num="(5)"> <text>A person may not operate a two-wheeled motor vehicle on the air operations area, unless this vehicle has been approved in writing by the Airport Director.</text> </paragraph> <paragraph num="(6)"> <text>A person may not operate any motor vehicle inside a hangar unless the vehicle is specially equipped and approved by the Airport Director.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Driver Licensing and Permits. A person may not drive a motor vehicle on the air operations area without a currently valid driver's license issued by the State or by the jurisdiction where this person resides if other than Maryland.</text> </paragraph> <paragraph num="S."> <text>Guidemen. A person may not operate a motor vehicle at the Airport without a guideman positioned outside the vehicle if the vision of its operator is restricted in any manner.</text> </paragraph> <paragraph num="T."> <text>Parking Regulations.</text> <paragraph num="(1)"> <text>A person may not park a motor vehicle or load or unload a motor vehicle at the Airport in violation of any posted parking sign or other traffic regulation, or in such a manner as to obstruct the free movement of traffic.</text> </paragraph> <paragraph num="(2)"> <text>Vehicles shall be parked in one space only within areas that have marked spaces and lanes. Each vehicle shall leave clear access to adjacent spaces, and may not block driving lanes or create a hazard for other drivers.</text> </paragraph> <paragraph num="(3)"> <text>An area of the Airport property which has been closed by the use of barricades or other traffic control devices may not be entered by any vehicle.</text> </paragraph> </paragraph> <paragraph num="U."> <text>Removal of Vehicles.</text> <paragraph num="(1)"> <text>A person may not abandon a motor vehicle at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>Airport tenants are responsible for the prompt removal of abandoned motor vehicles from their leased premises, at the owner's expense.</text> </paragraph> <paragraph num="(3)"> <text>The Administration shall remove, at the owner's expense, any vehicle which remains parked in a limited duration parking space for a period of time which exceeds the posted time limit.</text> </paragraph> <paragraph num="(4)"> <text>The Administration may fine violators of posted signs and parking regulations adopted under Transportation Article §§5-426 and 5-427, Annotated Code of Maryland, not to exceed $50.</text> </paragraph> </paragraph> <paragraph num="V."> <text>Pedestrians.</text> <paragraph num="(1)"> <text>A person operating a motor vehicle at the Airport shall yield the right-of-way to a pedestrian in a marked pedestrian crosswalk.</text> </paragraph> <paragraph num="(2)"> <text>A person may not park any vehicle in any marked pedestrian crosswalk.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="Control of Landside Traffic."> <paragraph num="A."> <text>Governing Law. Motor vehicle operators using the public streets, ramps, roads, and highways on the Airport shall comply with the Transportation Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>General Parking Regulations.</text> <paragraph num="(1)"> <text>Parking or standing is prohibited on all Airport roads, except in designated parking areas.</text> </paragraph> <paragraph num="(2)"> <text>An individual may not park a motor vehicle or load or unload a motor vehicle at the Airport in violation of any posted parking sign or other traffic regulation, or in such a manner as to obstruct the free movement of traffic.</text> </paragraph> <paragraph num="(3)"> <text>Motor vehicles shall be parked in one space only within areas that have marked spaces and lanes. Each motor vehicle shall leave clear access to adjacent spaces and may not block driving lanes or create a hazard for other drivers.</text> </paragraph> <paragraph num="(4)"> <text>A motor vehicle may not enter any area that is closed to vehicular traffic by the use of barricades or other traffic control devices.</text> </paragraph> <paragraph num="(5)"> <text>Leaving a motor vehicle unattended in front of the terminal building is prohibited.</text> </paragraph> <paragraph num="(6)"> <text>An individual may not abandon a motor vehicle at the Airport.</text> </paragraph> <paragraph num="(7)"> <text>An individual operating a motor vehicle at the Airport shall yield the right-of-way to a pedestrian in a marked pedestrian crosswalk.</text> </paragraph> <paragraph num="(8)"> <text>An individual may not park a motor vehicle in a marked pedestrian crosswalk.</text> </paragraph> <paragraph num="(9)"> <text>Airport tenants are responsible for the prompt removal of abandoned motor vehicles from their leased premises, at the owner's expense.</text> </paragraph> <paragraph num="(10)"> <text>The Administration shall remove, at the owner's expense, any vehicle which remains parked in a limited duration parking space for a period of time which exceeds the posted time limit.</text> </paragraph> <paragraph num="(11)"> <text>The Administration may fine violators of posted signs and parking regulations adopted under Transportation Article, §§5-426 and 5-427, Annotated Code of Maryland, not to exceed $50.</text> </paragraph> <paragraph num="(12)"> <text>In addition to these general regulations, the Airport Director may further regulate parking by posting signs or notices. Parking in violation of any sign or notice is prohibited.</text> </paragraph> <paragraph num="(13)"> <text>The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of these regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Taxicabs.</text> <paragraph num="(1)"> <text>Taxicabs shall stand or wait only in designated or approved areas at the Airport and the operator shall remain with the taxicab.</text> </paragraph> <paragraph num="(2)"> <text>An individual operating a taxicab at the Airport may not block or interfere with the free passage of pedestrians or vehicular traffic to and from the Airport buildings.</text> </paragraph> <paragraph num="(3)"> <text>An individual may not operate a taxicab at the Airport unless the individual prominently displays within the taxicab a taxicab-driver identification license permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned taxicab number, and the driver's identification number.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Rental Cars.</text> <paragraph num="(1)"> <text>An individual may not conduct or engage in the business of renting motor vehicles on the Airport without a written contract with the Administration, except, however, a car rental company without a written contract may deliver customers to the Airport and meet prereserved customers at the Airport. Nothing in this regulation is to be construed to prevent delivery of previously reserved rental cars for arriving passengers. Evidence of previous reservation may be requested by any law enforcement officer or authorized representative of the Administration.</text> </paragraph> <paragraph num="(2)"> <text>An individual other than representatives of rental car agencies holding contracts with the Administration may not, within the boundaries of the Airport, solicit passengers for the rental of motor vehicles.</text> </paragraph> <paragraph num="(3)"> <text>Parking spaces assigned to car rental companies under written contract with the Administration shall be designated and appropriately marked. These parking spaces shall be used only to park rental cars ready for delivery to customers and for temporarily parked cars being returned by customers. Unauthorized parked motor vehicles, including those that are owned by these car rental companies, shall be cited according to the other provisions of these regulations governing vehicular traffic.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Operations of Motor Vehicles for Hire.</text> <paragraph num="(1)"> <text>An individual operating a motor vehicle to transport passengers from the Airport may not refuse or neglect to transport to any requested destination any orderly individual willing to pay the prescribed fare.</text> </paragraph> <paragraph num="(2)"> <text>An individual operating a motor vehicle for hire to transport passengers from the Airport may not charge passengers a fare in excess of the normal and customary fare in effect from the Airport to the destination, as determined by meter or published rate schedule.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Penalties, Fines, and Costs.</text> <paragraph num="(1)"> <text>Abandoned motor vehicles and vehicles parked in violation of any parking regulation, sign, or notice may be removed by the Administration at the expense and risk of the owner. Towing charges are in addition to any fines.</text> </paragraph> <paragraph num="(2)"> <text>Parking violations are subject to the following fines:</text> <paragraph num="(a)"> <text>Obstructing movement of traffic$35;</text> </paragraph> <paragraph num="(b)"> <text>Obstructing movement of pedestrians$35;</text> </paragraph> <paragraph num="(c)"> <text>Unattended motor vehicle$50;</text> </paragraph> <paragraph num="(d)"> <text>Meter or other time limit violation$35;</text> </paragraph> <paragraph num="(e)"> <text>Parking in other than designated areas$35;</text> </paragraph> <paragraph num="(f)"> <text>Illegally parked in handicapped area$50;</text> </paragraph> <paragraph num="(g)"> <text>Illegally parked in leased space$35;</text> </paragraph> <paragraph num="(h)"> <text>Parked in no parking area$35.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Fines shall be paid or request for trial shall be requested within 15 days of issuance of the parking violation.</text> </paragraph> <paragraph num="(4)"> <text>Motor vehicles with three or more unpaid tickets against them may be impounded until all tickets have been cleared.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Commercial Activity."> <paragraph num="A."> <text>Soliciting or Carrying on Business. A person, unless expressly authorized in writing by the Administration, may not engage in any of the following activities in or upon any area of the Airport:</text> <paragraph num="(1)"> <text>Engage in any business or commercial activity;</text> </paragraph> <paragraph num="(2)"> <text>Sell or offer for sale any merchandise or service;</text> </paragraph> <paragraph num="(3)"> <text>Solicit any business or trade, including the carrying of passengers or baggage for hire;</text> </paragraph> <paragraph num="(4)"> <text>Solicit charitable contributions or funds for any purpose;</text> </paragraph> <paragraph num="(5)"> <text>Gamble or solicit gambling.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Commercial Photography and Recordings. No person, unless authorized by the Administration, may take still pictures, motion pictures, or sound-motion pictures or sound records or recordings for commercial purposes, other than news coverage, on the public areas of the Airport.</text> </paragraph> <paragraph num="C."> <text>Commercial Advertising. No person, unless authorized by the Administration, may post or distribute commercial signs, advertisements, literature, circulars, pictures, sketches, drawings, handbills, or any other form of printed or written commercial matter or material at the Airport.</text> </paragraph> <paragraph num="D."> <text>Storage of Property. Unless authorized by the Administration or otherwise provided in a lease or other written agreement, a person may not use any area of the Airport for storage of cargo, aircraft, or other property.</text> </paragraph> <paragraph num="E."> <text>Commercial Freight Operators.</text> <paragraph num="(1)"> <text>A person may not operate freight-forwarding vehicles within the boundaries of the Airport unless he is authorized by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not engage in air freight commercial activity at the Airport unless he is authorized by the Administration; however, an air freight operator without authorization shall be allowed to deliver freight at the Airport.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Maintenance and Repair of Leased Premises.</text> <paragraph num="(1)"> <text>The Administration shall be responsible for the maintenance, repair, and custodial services as specified in each of the tenant lease agreements.</text> </paragraph> <paragraph num="(2)"> <text>Tenants shall be responsible for repairs to leased premises which are damaged due to improper operation, misuse, or negligence of a tenant or agent, or agents, of the tenant operating under control of the tenant. Repair of the premises shall be made at the tenant's own expense.</text> </paragraph> <paragraph num="(3)"> <text>The Administration shall be notified in writing by the tenant whenever the tenant engages a contractor for the purpose of repairs and reserves the right to disapprove a contractor if there is reason to believe the contractor's performance may be unsatisfactory.</text> </paragraph> <paragraph num="(4)"> <text>Repair work shall be inspected and approved by the Administration before the release of the tenant from responsibility for the damage and repairs, whether the work was performed by the tenant or a contractor hired by the tenant.</text> </paragraph> <paragraph num="(5)"> <text>The Administration shall provide only custodial services which are specifically provided for in the contract/lease agreement between the Administration and the tenant.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Building Permits.</text> <paragraph num="(1)"> <text>Construction or modifications to existing facilities in or on State-owned property under the jurisdiction of the Administration may not be undertaken without prior issuance of a building permit.</text> </paragraph> <paragraph num="(2)"> <text>The application shall be approved and the permit issued before initiation of any construction or modification activities.</text> </paragraph> <paragraph num="(3)"> <text>The building permit shall be displayed on the construction site at all times.</text> </paragraph> <paragraph num="(4)"> <text>All building, construction, and modifications to existing or new structures shall comply with:</text> <paragraph num="(a)"> <text>The International Building Code, which is incorporated by reference at COMAR 11.03.01.01-1B(3);</text> </paragraph> <paragraph num="(b)"> <text>NFPA 1 Uniform Fire Code, which is incorporated by reference at COMAR 11.03.01.01-1B(1); and</text> </paragraph> <paragraph num="(c)"> <text>NFPA 101 Life Safety Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(b).</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Minimum Standards for Commercial Aeronautical Activities.</text> <paragraph num="(1)"> <text>The Administration shall establish minimum acceptable qualifications to ensure that the level and quality of service, as well as other conditions, shall be adhered to by those conducting commercial activities at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may extend the opportunity to engage in commercial aeronautical activities at the Airport to applicants who meet the Administration's published standards for those activities, providing there is available suitable space at the Airport for the conduct of these activities, and if the applicants have an Administration approved credit application.</text> </paragraph> <paragraph num="(3)"> <text>Documents Needed for Application.</text> <paragraph num="(a)"> <text>Applicants shall furnish the following documents when submitting a letter of application:</text> <paragraph num="(i)"> <text>Evidence of organizational and financial capability to provide the proposed activity;</text> </paragraph> <paragraph num="(ii)"> <text>Business and financial references; and</text> </paragraph> <paragraph num="(iii)"> <text>A copy of the applicant's annual financial report, and that of the parent company if a wholly owned subsidiary, for the last complete fiscal year showing applicant's assets and liabilities and the value of its unencumbered assets.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The annual report shall be certified by a certified public accountant.</text> </paragraph> <paragraph num="(c)"> <text>If unable to provide the annual report, the applicant shall provide bank references and other records necessary to substantiate its financial status.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Festivals, Exhibits, and Trade Shows. A public or special event held at the Airport requires a Special Use permit authorized by the Airport Director and issued by the fire marshal in accordance with COMAR 29.06.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Environmental Protection and Public Health."> <paragraph num="A."> <text>Water Pollution. A person may not introduce or permit to be introduced into any water system or any surface or underground water at the Airport any organic or inorganic matter or deleterious substance which is injurious to human, plant, animal, fish, or other life, or property. The types of permissible quantities of discharge shall be governed by the then applicable water discharge standards as promulgated by the United States Environmental Protection Agency under the Federal Water Pollution Control Act of 1972, or by COMAR 26.08.03, whichever is the most stringent. At the earliest feasible planning stage, any proposed development shall be coordinated with the Administration in compliance with the Chesapeake Bay Critical Area Commission (COMAR 27.01).</text> </paragraph> <paragraph num="B."> <text>Air Pollution.</text> <paragraph num="(1)"> <text>A person may not introduce or permit to be introduced into the atmosphere at the Airport any air contaminants or combinations of them by burning or otherwise, which are injurious to human, plant, or animal life, or property, or which in any way interfere with the operation of aircraft on the ground or in the air. The types and permissible quantities of discharge into the air shall be governed by the atmospheric discharge standards applicable at the time, as promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act of 1970, or under any amendment or successor legislation to it, or by COMAR 26.11.06, whichever is the most stringent.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate a motor vehicle, and the owner of a motor vehicle may not permit it to be operated, upon the air operations area unless the engine power and exhaust mechanism is equipped, adjusted, and operated in accordance with COMAR 11.14.02.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Sanitary Sewage, Storm Drainage, and Industrial Waste System Pollution.</text> <paragraph num="(1)"> <text>A person, whether on or off premises under the jurisdiction of the Administration, may not introduce or permit to be introduced into any sanitary sewage and industrial waste or storm sewage system under the jurisdiction of the Administration, any deleterious substance which is injurious to human, plant, or animal life, or property, or which unreasonably interferes with the conduct of business at the Airport, or which in any way interferes with the maintenance or operation of the Airport. The types and permissible quantities of discharge shall be governed by the sewage discharge standards for sanitary sewage and industrial waste and storm sewage systems applicable at the time, as promulgated by the United States Environmental Protection Agency or COMAR 26.04.01—.03, whichever is the most stringent. This discharge shall be drained only into sewage receptacles provided for this purpose and disposed of in a manner approved by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not deposit, discharge, or permit the discharge or disposal of oil in any manner into the storm drainage system at the Airport.</text> </paragraph> <paragraph num="(3)"> <text>A person may not deposit, throw, or discharge garbage or food containers of any kind into the storm drainage system at the Airport.</text> </paragraph> <paragraph num="(4)"> <text>A person may not place, discharge, or permit the placement or discharge of industrial waste in any manner into the storm drainage system at the Airport.</text> </paragraph> <paragraph num="(5)"> <text>A person may not apply, discharge, or deposit toxic materials from any source into the storm drainage system at the Airport, unless this application, discharge, or deposit meets all industrial waste requirements of the Water Resources Administration and of the Environmental Protection Agency.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Washing Vehicles and Equipment.</text> <paragraph num="(1)"> <text>No person other than an employee of the Administration or an Airport tenant may use the vehicle and equipment wash area at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not wash or clean a personal vehicle at the Airport vehicle and equipment wash area.</text> </paragraph> <paragraph num="(3)"> <text>A person may not use the Airport vehicle and equipment wash area unless the following action is taken:</text> <paragraph num="(a)"> <text>All waste is disposed of in the trash container provided;</text> </paragraph> <paragraph num="(b)"> <text>No materials are left on the ramp area;</text> </paragraph> <paragraph num="(c)"> <text>Mud, dirt, and other refuse washed from a vehicle or equipment are thoroughly flushed down the open drain;</text> </paragraph> <paragraph num="(d)"> <text>The area is kept neat and presentable at all times.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A person may not deposit, discharge, or permit the discharge or disposal of oil in any manner into the drain system at the Airport vehicle and equipment wash area.</text> </paragraph> <paragraph num="(5)"> <text>A person may not deposit, throw, or discharge garbage or food containers of any manner into the drain system at the Airport vehicle and equipment wash area.</text> </paragraph> <paragraph num="(6)"> <text>A person may not place, discharge, or permit the placement or discharge of industrial waste in any manner into the drain system at the Airport vehicle and equipment wash area.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Health Laws. A person, whether on or off the Airport, may not engage in activities affecting the Airport involving food and beverage service, drinking water service, handling, storage, or disposal of water or refuse, or any other activity having a potentially deleterious effect on food quality, water quality, air quality, or sanitary sewage and industrial waste or storm sewage systems, unless this person fully complies with the applicable health laws and regulations of the United States and with Health-General Article, Title 21, Subtitles 2—10, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>Food and Beverage Service and Related Activities.</text> <paragraph num="(1)"> <text>Only fully licensed food and beverage services shall provide service on or for the Airport or any aircraft.</text> </paragraph> <paragraph num="(2)"> <text>A person may not design or construct any establishment for the conduct of food or beverage service at the Airport other than according to the regulations of the Maryland Department of Health.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Aircraft Drinking Water.</text> <paragraph num="(1)"> <text>A person may not operate a water piping system in aircraft servicing areas unless the system is under adequate positive pressure at all times with a vacuum break to prevent siphoning. There may not be cross-connections between the potable water system and a system of questionable quality. All drinking and culinary water used in connection with the operation of aircraft in interstate, intrastate, or foreign commerce shall come from sources approved by the United States Public Health Service and the Maryland Department of the Environment. The installation of all aircraft water piping systems shall comply with the requirements established by these agencies.</text> </paragraph> <paragraph num="(2)"> <text>A person may not use hoses to deliver potable water to aircraft, unless these hoses are constructed of the material and stored and handled in the manner prescribed by the United States Public Health Service.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Aircraft Toilet Waste.</text> <paragraph num="(1)"> <text>No person at the Airport may discharge the sewage accumulated in the fixed waste retention tank aboard an aircraft other than through a flexible hose, with a water-type connection to a portable water-type tank; and no person may flush the retention tank by direct connection to the portable water distribution system at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not remove a toilet waste bucket from an aircraft, unless the contents are enclosed or covered while being transported to the Airport sanitary disposal facility for emptying and cleaning.</text> </paragraph> <paragraph num="(3)"> <text>A person may not use a water hydrant at the Airport to service a toilet waste truck or cart.</text> </paragraph> <paragraph num="(4)"> <text>A person may not operate at the Airport an aircraft soil discharge line or soil tank servicing equipment unless all connections are equipped with positive seals to prevent spillage.</text> </paragraph> <paragraph num="(5)"> <text>A person may not operate a defective aircraft soil discharge valve or defective soil tank servicing equipment at the Airport. When a defect in the valve or equipment results in soil spillage, the aircraft or equipment owner or operator shall immediately clean and decontaminate the equipment and ground area soiled. The defective components shall be repaired or replaced before the discharge valve or servicing equipment is placed back in service.</text> </paragraph> <paragraph num="(6)"> <text>A person may not operate a toilet waste tank truck at the Airport unless, upon notification by the Administration, the person makes all alterations to this truck as the Administration deems necessary for the sanitary operation of the aircraft toilet waste disposal system.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Aircraft and Airport Solid Waste.</text> <paragraph num="(1)"> <text>A person may not supply or maintain receptacles at the Airport for the storage of aircraft galley paper and liquid waste or for the storage of garbage and solid waste accumulating from operations in aircraft servicing areas, unless these receptacles are covered, leakproof, fly-tight, metal roll-away containers, or other approved types of metal packer loading containers. Containers shall be emptied not less than once daily at the Airport sanitary disposal facility. If the containers are located in aircraft servicing areas, they shall be secured so as not to create a safety hazard.</text> </paragraph> <paragraph num="(2)"> <text>A person may not supply or maintain garbage and solid waste containers in the terminal building areas unless the same are of a type and design approved by the Administration, with the design compatible to the use and location, so as to preclude odor, insects, and vermin.</text> </paragraph> <paragraph num="(3)"> <text>A person may not use open drums or containers for storage of garbage or solid waste at the Airport.</text> </paragraph> <paragraph num="(4)"> <text>A person may not improperly use or keep at the Airport any receptacle, including rubber tires, that holds water and is conducive to insect or rodent harborage or breeding.</text> </paragraph> <paragraph num="(5)"> <text>A person may not dispose of waste paper or other rubbish at the Airport unless precaution is taken to prevent this paper or other rubbish from blowing onto the air operations area.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Waste Removal.</text> <paragraph num="(1)"> <text>A person may not conduct waste removal services at the Airport without a permit from the Administration and written approval from the Maryland Department of the Environment as to the suitability of the waste removal vehicle.</text> </paragraph> <paragraph num="(2)"> <text>A person may not operate a vehicle for hauling trash, dirt, or any other waste materials at the Airport unless this vehicle is constructed so as to prevent the contents from dropping, sifting, leaking, or otherwise escaping.</text> </paragraph> <paragraph num="(3)"> <text>A person may not maintain waste, trash, or garbage compactors or containers at the Airport other than at locations approved by the Administration. All these locations shall be kept clean and sanitary at all times by the person in charge.</text> </paragraph> <paragraph num="(4)"> <text>A person may not place in receptacles provided by the Administration waste originating from other than normal operations of Administrative offices and terminal facilities at the Airport. Used tires, mufflers, tailpipes, and used oil or other liquids are included in this prohibition and will not be removed by Administration personnel. Private waste collection and removal services shall be hired for this purpose, subject to the requirements of §J(1) and (2), above.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Sanitation.</text> <paragraph num="(1)"> <text>A person may not dispose of garbage, papers, solid waste, or other forms of trash at the Airport, including cigarettes, cigars, and matches, except in receptacles provided for this purpose.</text> </paragraph> <paragraph num="(2)"> <text>A person may not dump or dispose of any fill or building material at the Airport, or in any body of water or drainage ditch serving the Airport, unless authorized by the Administration and then only in those areas and under those conditions as are specifically designated by the Airport Director.</text> </paragraph> <paragraph num="(3)"> <text>A person may not place any foreign object in any plumbing fixture of a comfort station, terminal building, hangar, or other building on the Airport.</text> </paragraph> <paragraph num="(4)"> <text>A person may not enter or work about any building at the Airport with bare feet.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Personal Conduct."> <paragraph num="A."> <text>Use and Enjoyment of Airport.</text> <paragraph num="(1)"> <text>No person, singly or in association with others, may, by his conduct or by congregating with others, prevent any other lawfully entitled person from the use and enjoyment of the Airport and its facilities or any part of them, or prevent any other lawfully entitled person from passing from place to place, or through entrances, exits, or passageways at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not walk, drive a motor vehicle, or ride a bicycle upon the public areas of the Airport other than on roads, walks, or rights-of-way provided for this purpose.</text> </paragraph> <paragraph num="(3)"> <text>A person may not use roller skates or skate boards at the Airport.</text> </paragraph> <paragraph num="(4)"> <text>Smoking or carrying any lighted tobacco product in any building owned or leased by the Administration is prohibited.</text> </paragraph> <paragraph num="(5)"> <text>Any outdoor area in which smoking or carrying lighted tobacco products is permitted shall be designated by the Administration and prominently marked.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Preservation of Property.</text> <paragraph num="(1)"> <text>No person, unless duly authorized by the Administration, may destroy, injure, deface, disturb, remove, or tamper with any building, sign, equipment, fixture, marker, or any other structure or property at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not injure, deface, remove, destroy, or disturb the trees, flowers, shrubs, or other vegetation at the Airport.</text> </paragraph> <paragraph num="(3)"> <text>A person may not walk on a posted lawn or seeded area of the Airport.</text> </paragraph> <paragraph num="(4)"> <text>A person may not willfully abandon any personal property at the Airport. Any person who causes damage to Airport property shall be liable for this damage, in addition to any other penalties prescribed in these regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Handbills.</text> <paragraph num="(1)"> <text>A person may not affix any printed or written material or matter anywhere in the public areas and public phone booths of the Airport, except where otherwise specifically permitted or prescribed by these regulations, or unless authorized by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A person may not distribute any printed or written material or matter by placing or leaving it unattended at any location at the Airport, unless authorized by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Picketing and Demonstrations.</text> <paragraph num="(1)"> <text>A person may not conduct picketing or demonstrations anywhere at the Airport unless permitted by the Administration and according to prescribed conditions.</text> </paragraph> <paragraph num="(2)"> <text>Persons engaged in picketing or demonstrations shall conduct these activities only in an area specified by the Airport Director.</text> </paragraph> <paragraph num="(3)"> <text>Persons engaged in picketing or demonstrations shall conduct themselves in a peaceful and orderly manner contemplated by law, without physical harm, molestation, threat, or harassment of persons, obscenities, violence, breach of peace, or other unlawful conduct.</text> </paragraph> <paragraph num="(4)"> <text>A person picketing or demonstrating may not obstruct the use of the Airport by others, or interfere with the proper, safe, orderly, and efficient operation of the Airport and activities conducted there.</text> </paragraph> <paragraph num="(5)"> <text>A person under the influence of alcohol or drugs may not picket or demonstrate.</text> </paragraph> <paragraph num="(6)"> <text>The area specified for the purpose of picketing shall be kept clean and free from all debris.</text> </paragraph> <paragraph num="(7)"> <text>Private vehicles of pickets will not be permitted to park in the vicinity of the picket line.</text> </paragraph> <paragraph num="(8)"> <text>All signs must be carried by persons in the picket line, and the size and type of sign must be approved in advance of a specified picket date, by the Airport Director.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Disorderly Conduct.</text> <paragraph num="(1)"> <text>A person may not use the terminal building or any other public area of the Airport for sleeping.</text> </paragraph> <paragraph num="(2)"> <text>A person may not sit on the floor in the terminal building or any other public area of the Airport instead of using provided accommodations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Intoxication. A person may not drink any intoxicating liquors upon any portion of the Airport open to the public except in places properly designated for on-premises liquor consumption.</text> </paragraph> <paragraph num="G."> <text>Model Aircraft.</text> <paragraph num="(1)"> <text>A person may not operate or release any model aircraft, rocket, kite, balloon, parachute (other than in an emergency), or other similar contrivance at or upon the Airport unless authorized by the Airport Director. This prohibition does not extend to an Airport weather station.</text> </paragraph> <paragraph num="(2)"> <text>A person may not throw, shoot, or propel any object in any manner that interferes with or endangers the safe operation of any aircraft landing at, taking off from, or operating at the Airport.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Animals.</text> <paragraph num="(1)"> <text>No person, other than a blind person with a seeing-eye dog, may enter any building on the Airport with a domestic animal unless the entry is relative to the animal's transportation by air and the animal is kept restrained by a leash or otherwise confined so as to be completely under control.</text> </paragraph> <paragraph num="(2)"> <text>A person may not enter the air operations area with a domestic animal unless the animal is kept restrained by a leash or otherwise confined so as to be completely under control.</text> </paragraph> <paragraph num="(3)"> <text>A person may not permit a domestic animal to run, roam, or be exercised on any portion of the Airport unless the animal is under the complete control of a competent handler.</text> </paragraph> <paragraph num="(4)"> <text>A person may not permit any wild animal under his control or custody to enter the Airport, except for wild animals that are to be or have been transported by air and are properly confined for air travel, without the prior approval of the Administration.</text> </paragraph> <paragraph num="(5)"> <text>A person may not hunt, pursue, trap, catch, injure, or kill any animal at the Airport, except authorized personnel engaged in an official Airport bird or animal control program.</text> </paragraph> <paragraph num="(6)"> <text>A person may not ride horseback at the Airport without authorization from the Airport Director.</text> </paragraph> <paragraph num="(7)"> <text>A person may not permit, either willfully or through failure to exercise due care or control, any animal to urinate or defecate upon the sidewalks of the Airport or upon the floor of the terminal building or any other building used in common by the public.</text> </paragraph> <paragraph num="(8)"> <text>A person may not feed or do any other act to encourage the congregation of birds or other animals on or in the vicinity of the air operations area or in structures used for the storage or maintenance of aircraft.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Lost Articles. Articles found in public areas at the Airport may be deposited with the Airport Director. Articles unclaimed by their proper owner shall be disposed of by the Administration.</text> </paragraph> <paragraph num="J."> <text>Forgery and Counterfeit. A person may not make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit, or falsely altered pass, permit, identification card, certificate, placard, sign, or other authorization purporting to be issued by or on behalf of the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Airport Security."> <paragraph num="A."> <text>Restricted Areas. A person may not enter any part of the air operations area or any other restricted area so established or posted at the Airport, except:</text> <paragraph num="(1)"> <text>Persons assigned to duty or transacting business there;</text> </paragraph> <paragraph num="(2)"> <text>Crew members, and passengers under appropriate supervision of a crew member, who enter the aircraft apron for the purpose of enplaning or deplaning an aircraft;</text> </paragraph> <paragraph num="(3)"> <text>An authorized representative of the State, the Federal Aviation Administration, the National Transportation Safety Board, the Maryland Aviation Administration, or of any other governmental department or agency having proper business there;</text> </paragraph> <paragraph num="(4)"> <text>An Airport tenant or invitee of an Airport tenant in a leasehold area.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Security Regulations.</text> <paragraph num="(1)"> <text>A person may not tamper or interfere with the lock or closing mechanism of any door, window, gate, or other opening leading to the air operations area or any other restricted area at the Airport.</text> </paragraph> <paragraph num="(2)"> <text>A person may not breach any other security regulation in effect at the Airport, except under emergency conditions.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Weapons.</text> <paragraph num="(1)"> <text>A person may not carry or transport a weapon at the Airport, unless the weapon is properly packaged for shipment, except the following:</text> <paragraph num="(a)"> <text>Law enforcement officers of the federal government, of the State, its political subdivisions, and of the Maryland Aviation Administration and any other State agency, if weapons are required in the performance of their duties;</text> </paragraph> <paragraph num="(b)"> <text>Enplaning and deplaning passengers authorized by 49 CFR §1544.219 to carry weapons aboard aircraft;</text> </paragraph> <paragraph num="(c)"> <text>Uniformed employees of licensed security or armored transport services under contract to any tenant of the Airport, when actually transporting monies or valuables or performing assigned duties;</text> </paragraph> <paragraph num="(d)"> <text>Authorized members of the Maryland Air National Guard;</text> </paragraph> <paragraph num="(e)"> <text>Those persons authorized to wear or carry handguns, or declared exempt, pursuant to Article 27, §36E, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A person may not discharge any weapon at the Airport except in the performance of official duties requiring the discharge or in the lawful defense of life or property.</text> </paragraph> <paragraph num="(3)"> <text>A person may not discharge any weapon at or near the Airport in such a manner as to cause interference with the safe taking off or landing of any aircraft.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Penalties."> <text>Any person who violates the provisions of these regulations, except a motor vehicle parking regulation, is guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or by imprisonment of not more than 90 days or both in the discretion of the court, except that for a violation of a motor vehicle parking regulation, the maximum fine may not exceed $50.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Certified Martin State Airport (MTN) Noise Zone."> <paragraph num="A."> <text>Definitions. Acoustic terminology definitions used in this regulation have the same meanings as stated in COMAR 11.03.03.01A.</text> </paragraph> <paragraph num="B."> <text>MTN Airport Noise Zone.</text> <paragraph num="(1)"> <text>The MTN Airport Noise Zone is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director shall update and recertify the Airport Noise Zone as required, by developing contours of equal noise exposure using day-night average sound levels (Ldn) to determine the extent of impacted land uses.</text> </paragraph> <paragraph num="(3)"> <text>The Martin State Airport — Airport Noise Zone, certified by the Executive Director, and consisting of the 65, 70, and 75 Ldn contours overprinted on county tax maps as follows, is incorporated by reference at COMAR 11.03.01.01-1B(6):</text> <paragraph num="(a)"> <text>Airport Noise Zone Map;</text> </paragraph> <paragraph num="(b)"> <text>Tax Map index;</text> </paragraph> <paragraph num="(c)"> <text>Baltimore County Tax Maps 90 and 91.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The noise zone is a composite of the 65, 70, and 75 Ldn noise contours for the base year of 2019 and future years of 2025 and 2030.</text> </paragraph> <paragraph num="(5)"> <text>The noise zone reflects the projected future use of the Airport, including existing and planned projects in the Master Plan or Capital Program that influence future Airport use.</text> </paragraph> </paragraph> <paragraph num="C."> <text>MTN Noise Abatement Plan.</text> <paragraph num="(1)"> <text>The MTN Noise Abatement Plan is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director shall review and update the MTN Noise Abatement Plan as required.</text> </paragraph> <paragraph num="(3)"> <text>Compliance with the MTN Noise Abatement Plan.</text> <paragraph num="(a)"> <text>All entities which use the Airport facilities shall comply with the MTN Noise Abatement Plan.</text> </paragraph> <paragraph num="(b)"> <text>The Maryland Air National Guard, the Maryland State Police, and local law enforcement agencies are exempt from the provisions of this regulation when operational necessity dictates noncompliance, or in the event of a State or national emergency.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The elements contained in the MTN Noise Abatement Plan are as follows:</text> <paragraph num="(a)"> <text>Airport Noise Zone (ANZ);</text> </paragraph> <paragraph num="(b)"> <text>Control of Incompatible Development;</text> </paragraph> <paragraph num="(c)"> <text>Noise Concerns;</text> </paragraph> <paragraph num="(d)"> <text>Maryland Air National Guard (MDANG) Noise Barriers;</text> </paragraph> <paragraph num="(e)"> <text>Aircraft Maintenance Engine Run-up Areas; and</text> </paragraph> <paragraph num="(f)"> <text>Noise Abatement Procedures including Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) Departures, VFR and IFR Arrivals and Traffic Patterns, Closed Traffic Patterns, and Touch-and-Go or Practice Approaches.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 1, 1975 (2:24 Md. R. 1479)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.03.05 to 11.03.02</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)</annotation> </annotations> </chapter> <chapter num="03" heading="Airport Noise Control Program"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>Acoustic Terminology.</text> <paragraph num="(1)"> <text>“Annual day-night (average) sound level (Ldn)” means for locations in the neighborhood of an airport, the day-night (average) sound level, in decibels, resulting from the effective annual average daily traffic and the utilization of runways and flight paths that affect the noise exposure at the location in question.</text> </paragraph> <paragraph num="(2)"> <text>“Average sound (noise) level (Leq)” means the constant sound level, in decibels, which, in a given situation and time period, would convey the same sound energy as does the actual time-varying sound during the same period. A-weighting is understood. Unless otherwise qualified, the average is reckoned over a 24-hour day, from midnight to midnight. The mathematical formulation of average sound level is as follows: If LA(t) represents the value of instantaneous A-weighted sound pressure level fluctuating with time, (See Formula Table below) where t1 and t2 are, respectively, the times marking the beginning and end of the observation period over which the average is reckoned.</text> </paragraph> <paragraph num="(3)"> <text>“Contours of equal noise exposure” means the locus of points on the ground with a given noise exposure.</text> </paragraph> <paragraph num="(4)"> <text>“Data range” means for a set of 24-hour measurements of Ldn, the difference between the highest value and the lowest value of Ldn in decibels.</text> </paragraph> <paragraph num="(5)"> <text>“Day-night (average) sound level (Ldn)” means the average sound level, in decibels, reckoned over a 24-hour day with a 10 decibel weighting applied to the noise occurring during the nighttime period; that is, noise levels occurring at night are treated as though they were 10 dB higher than they actually are. The mathematical formulation of day-night sound level is as follows:</text> </paragraph> <paragraph num="(6)"> <text>“Daytime (average sound level (Ld)” means the average sound level, in decibels, for the 15 hour time period between 0700 and 2200 (7a.m. to 10p.m.). The mathematical formulation for daytime sound level is as follows:</text> </paragraph> <paragraph num="(7)"> <text>“Decibel (dB)” means a division of the logarithmic scale customarily used to express the ratio of two like quantities proportional to power or energy.</text> </paragraph> <paragraph num="(8)"> <text>“Decibel scale” means a logarithmic scale used to express the ratio of two like quantities proportional to power or energy. The ratio is expressed on the decibel scale by multiplying its common logarithm by ten.</text> </paragraph> <paragraph num="(9)"> <text>“Hourly (average) sound level, (Lh)” means the average sound level, in decibels, for a 1-hour period, usually reckoned between integral hours. There would be 24 such values per day. The mathematical formulation of hourly sound level is, for example:</text> </paragraph> <paragraph num="(10)"> <text>“Level (L)” means the ratio, expressed on the decibel scale, of two like quantities, the second of which is a standard reference quantity.</text> </paragraph> <paragraph num="(11)"> <text>“Nighttime (average) sound level (Lp)” means the average sound level, in decibels for the 9 hour period from 2200 to 0700 the next morning (10 p.m. to 7 a.m.). The mathematical formulation for nighttime sound level is as follows:</text> </paragraph> <paragraph num="(12)"> <text>“Sound level (noise level) (LA)” means the quantity in decibels measured by an instrument satisfying the requirements of American National Standard Specifications for Sound Level Meters, S1.4-1971, or its latest revision; that is, the frequency-weighted sound pressure level obtained with the standardized “fast” dynamic characteristic and the “A” frequency weighting of the sound level meter.</text> </paragraph> <paragraph num="(13)"> <text>“Sound pressure (p)” expressed in micropascals, means a fluctuating pressure superimposed on the static atmospheric pressure in the presence of sound. Unless qualified, the term means root-mean-square sound pressure.</text> </paragraph> <paragraph num="(14)"> <text>“Sound pressure level (Lp)” means the squared ratio, expressed the decibel scale, of the sound pressure under consideration to the standard reference pressure of 20 micropascals (= 20 micronewtons/square meter or 0.0002 dynes/square centimeter).</text> </paragraph> <aftertext>See Formula Table below.</aftertext> </paragraph> <paragraph num="B."> <text>Airport Terminology. The following terms refer to physical and operational characteristics of airports:</text> <paragraph num="(1)"> <text>“Airport” means any airport licensed by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Airport operator” means the licensee, or any person who is designated by the licensee as airport operator and who is made responsible to the licensee for the supervision and operation of the airport.</text> </paragraph> <paragraph num="(3)"> <text>“Effective annual average daily traffic ”EAADT" means the standard daily volume of air traffic typifying airport operations, which is determined as follows:</text> <paragraph num="(a)"> <text>Calculate the average number of airport operations for the 10 busiest days of the year:</text> </paragraph> <paragraph num="(b)"> <text>Eliminate from further consideration the number of days and the number of operations at the airport which are less than N/2;</text> </paragraph> <paragraph num="(c)"> <text>The effective annual average daily traffic is the average number of daily operations for all the remaining days of the year.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Flight operation” means a single take-off, landing or flyby. (A “touch-and-go” counts as two operations.)</text> </paragraph> <paragraph num="(5)"> <text>“Licensee” means the person, firm, agency, or political subdivision to whom the airport license is issued by the Executive Director.</text> </paragraph> <paragraph num="(6)"> <text>“Start of takeoff roll” means the position on a runway where an aircraft starts to accelerate in taking off.</text> </paragraph> <paragraph num="(7)"> <text>“Threshold” means that position on a runway, seen from the approach end, designated as the first point where a landing is permitted. The first point does not necessarily coincide with the start of paving.</text> </paragraph> <paragraph num="(8)"> <text>“Utilization” means the percentage of the total number of a specific category of operations, on an annual basis, that uses a particular runway or flight track.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Other Terminology. Other terms concerning airport noise regulation, but not specifically related to airports or acoustics, are as follows:</text> <paragraph num="(1)"> <text>“Certified noise abatement plan” means a noise abatement plan accepted by the Executive Director for implementation by an airport operator.</text> </paragraph> <paragraph num="(2)"> <text>“Daytime” means 0700 to 2200 hours (7 a.m. to 10 p.m.).</text> </paragraph> <paragraph num="(3)"> <text>“Nighttime” means 2200 to 0700 hours (10 p.m. to 7 a.m.).</text> </paragraph> <paragraph num="(4)"> <text>“Noise abatement plan” means a detailed program of changes in airport operation which has as its goal the reduction or elimination of impacted land use areas.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Methods for Calculation and Measurement of Levels of Cumulative Noise Exposure."> <paragraph num="A."> <text>Authority. Transportation Article, §5-805(a), Annotated Code of Maryland, authorizes the Executive Director, by regulation, to establish methods for the calculation or measurement of cumulative noise exposure values.</text> </paragraph> <paragraph num="B."> <text>Noise Rating. The noise rating for description of exposure to aircraft noise shall be the day-night average sound level (Ldn).</text> </paragraph> <paragraph num="C."> <text>Development of noise contours of equal noise exposure are to be determined using a prediction method in accordance with the procedures of §D, below. Measurements, undertaken in accordance with the procedure of §E of this regulation, may be used to confirm the locations of contours of equal noise exposure.</text> </paragraph> <paragraph num="D."> <text>Prediction Method.</text> <paragraph num="(1)"> <text>Contours of equal noise exposure in terms of the day-night average sound level are to be prepared using a procedure designed to develop Ldn contours based on data as described in this section. The use of a particular procedure is subject to the approval of the Executive Director.</text> </paragraph> <paragraph num="(2)"> <text>Data Base. The following information is required to develop contours of equal noise exposure:</text> <paragraph num="(a)"> <text>Map location and dimensions of all runways and the airport property line at a scale specified by the Executive Director.</text> </paragraph> <paragraph num="(b)"> <text>Map location of landing threshold and start of takeoff roll for each direction on each runway. If there are several thresholds or start-of-roll points corresponding to different types of aircraft, these shall be noted with a clear description of the relevant aircraft types.</text> </paragraph> <paragraph num="(c)"> <text>Map locations of engine runup and maintenance areas within the airport property.</text> </paragraph> <paragraph num="(d)"> <text>Map locations of flight tracks or descriptions of departure procedures for all arriving and departing aircraft and for traffic patterns, if any. If there are different flight tracks or procedures associated with different types of aircraft, these shall all be included. The scales of any maps shall be as specified by the Administration.</text> </paragraph> <paragraph num="(e)"> <text>Special flight procedures or restrictions, including, but not limited to, airspace management, curfews, and noise abatement procedures.</text> </paragraph> <paragraph num="(f)"> <text>Effective annual average daily numbers of flight operations by type of operation (landing, takeoff, touch-and-go), by aircraft type, by gross weight for takeoffs, by runway, by flight track, and by time of day.</text> </paragraph> <paragraph num="(g)"> <text>Annual average daily number of engine maintenance runups by type, by duration, and by time of day (daytime or nighttime).</text> </paragraph> <paragraph num="(h)"> <text>Flight profiles for arriving and departing aircraft.</text> </paragraph> <paragraph num="(i)"> <text>The relationship of aircraft sound level to the distance between the aircraft and the ground location, by aircraft time and operation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Measurement Method.</text> <paragraph num="(1)"> <text>Noise Measurement System Requirements.</text> <paragraph num="(a)"> <text>The system for the measurement of noise exposure shall provide the hourly sound level for each hour of the day, together with identification of the hour, and the measurement location.</text> </paragraph> <paragraph num="(b)"> <text>The overall accuracy of a noise measurement system shall be +=/-1.5 dB.</text> </paragraph> <paragraph num="(c)"> <text>The system shall be of a type approved by the Executive Director.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Measurement Requirements.</text> <paragraph num="(a)"> <text>Measurement Conditions. Measurements shall be made when aircraft operations occur that affect the location being studied.</text> </paragraph> <paragraph num="(b)"> <text>The number of 24-hour measurements of Ldn shall be equal to the value given in the table below, depending on the data range in decibels for the set of measurements. For this purpose, the data range shall be determined from the field measured noise data. Noise measurements shall be continued at each location until the requirement of this article is satisfied.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Limits for Cumulative Noise Exposure."> <paragraph num="A."> <text>Authority. Transportation Article, §5-804(a) mandates the Executive Director, by regulation, to adopt limits for cumulative noise exposure for residential land use and other categories of land use, on the basis of their noise sensitivity, with the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days notice.</text> </paragraph> <paragraph num="B."> <text>Limits. Limits for cumulative noise exposure are hereby established</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Duties of an Airport Operator."> <paragraph num="A."> <text>Authority. Transportation Article, §§5-805 and 5-806, Annotated Code of Maryland, mandates the Executive Director to establish procedures which airport operators or the intended operators of new airports shall follow in accomplishing certain required actions which need to be approved by the Executive Director. These actions include:</text> <paragraph num="(1)"> <text>Assessment of the noise environment created by the operation of their airports, including current conditions and projections of future usage;</text> </paragraph> <paragraph num="(2)"> <text>Delineation of the noise zone, if any, base year and future year contours of equal noise exposure, and the identification of any impacted land-use areas;</text> </paragraph> <paragraph num="(3)"> <text>Development of a plan to reduce or eliminate the impacted land-use area.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Development of Contours of Equal Noise Exposure.</text> <paragraph num="(1)"> <text>An airport operator, or the intended operator of a proposed airport, shall prepare the airport data base described by Regulation .02D(2) of this chapter. The data are to be presented as maps and supplemental information in the manner required by the Executive Director, as described in §B(2)—(4) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Base Year Noise Contour. Contours of equal noise exposure shall be developed representing cumulative noise levels for a full 12-month period that typifies current airport operations. The base year for a proposed airport is the initial year of operation.</text> </paragraph> <paragraph num="(3)"> <text>Future Year Noise Contours. Contours of equal noise exposure shall be developed representing projected cumulative noise levels for a full 12-month period expected 5 years beyond the year of certification for all airports, and 10 years beyond the year of certification for air carrier airports.</text> </paragraph> <paragraph num="(4)"> <text>Airport Noise Zone. When base year or future year contours of equal noise exposure include land uses within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established in Regulation .03B of this chapter, a composite of the base and future years' noise contours shall be developed as an airport noise zone that provides the greatest protection to public health and welfare.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Data supporting the contours of equal noise exposure developed under §B of this regulation shall be submitted to the Executive Director according to the following schedule:</text> <paragraph num="(1)"> <text>Airports shall submit data when required as part of an environmental impact study or by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Airports shall submit data by July 1 of each 5th year pursuant to Transportation Article, §5-805(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Executive Director may prepare contours of equal noise exposure at the request of the airport operator. The Executive Director shall maintain the aircraft data base described under Regulation .02D(2)(a)—(i) of this chapter.</text> </paragraph> <paragraph num="E."> <text>Determination of Impacted Land Use Areas.</text> <paragraph num="(1)"> <text>An airport operator shall obtain or prepare a map at a scale specified by the Administration showing land use within the noise zone of the airport as described under §B(3) of this regulation. All land uses shall be defined in terms consistent with the land use descriptions in Regulation .03 of this chapter and pursuant to Transportation Article, §5-805, Annotated Code of Maryland. For proposed airports, the land uses are those anticipated at the time of initial airport operation.</text> </paragraph> <paragraph num="(2)"> <text>The operator shall identify impacted land-use areas, if any, and prepare a map clearly indicating the impacted land-use areas for any of the periods investigated in compliance with Transportation Article, §5-805(a)(1), (2), and (3), Annotated Code of Maryland. The Executive Director, at the request of the operator, may assist in the identification of impacted land-use areas.</text> </paragraph> <paragraph num="(3)"> <text>If no impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall submit a proposal to the Executive Director for certification of a noise zone for the airport. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare.</text> </paragraph> <paragraph num="(4)"> <text>If impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall develop and implement a noise abatement plan in accordance with the procedures of §F of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Noise Abatement Plans.</text> <paragraph num="(1)"> <text>The goal of a noise abatement plan is the reduction or elimination of impacted land-use area.</text> </paragraph> <paragraph num="(2)"> <text>An airport operator shall develop proposals for noise abatement plans which can meet this goal through the use of available methods in accordance with the Transportation Article, §5-805(a) and (b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Noise abatement plans shall be submitted to the Executive Director for approval and certification of the noise zone in accordance with Transportation Article, §5-805, Annotated Code of Maryland. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare in accordance with Transportation Article, §5-804, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>Airport operators shall implement approved plans consistent with provisions of Transportation Article, §5-806, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Airport operators required to develop noise abatement plans shall periodically submit reports detailing progress in implementation of the approved noise abatement plans as may be deemed necessary by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport."> <paragraph num="A."> <text>Authority. Transportation Article, §5-821, Annotated Code of Maryland, authorizes the Executive Director, by regulation, to issue permits for new construction within the noise zone surrounding State-owned airports.</text> </paragraph> <paragraph num="B."> <text>Permits.</text> <paragraph num="(1)"> <text>Except as provided in §B(3) of this regulation, a person wishing to establish or construct a new structure, or to make new uses of land or structures, or to replace existing structures, or to make substantial changes in a structure or use of land, or to make substantial repairs to a structure within the noise zone surrounding a State-owned airport, shall obtain a permit from the Executive Director before the undertaking may begin.</text> </paragraph> <paragraph num="(2)"> <text>Application for the permits shall be in a form required by the Executive Director, and shall include:</text> <paragraph num="(a)"> <text>A full description of the project use;</text> </paragraph> <paragraph num="(b)"> <text>A description of the project location, including Maryland grid coordinates.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Notwithstanding §B(1) of this regulation, the Administration may not require a person to obtain a permit to construct an addition to a residential structure in a noise zone if the:</text> <paragraph num="(a)"> <text>Resultant improved structure retains the same number of family dwelling units; and</text> </paragraph> <paragraph num="(b)"> <text>Addition is not made eligible for participation in those State-funded noise assistance programs established by Transportation Article, Title 5, Subtitle 12, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>In accordance with Transportation Article, §5-821, Annotated Code of Maryland, the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.</text> </paragraph> <paragraph num="(5)"> <text>Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>For purposes of administration of this regulation the following terms are defined:</text> <paragraph num="(a)"> <text>“Substantial change in a structure” means any change in a residential structure when the value of the work is greater than $5,000 or when change results in additional independent living units or increased habitable floor area, or a change in a nonresidential structure when the value of the work is greater than $5,000.</text> </paragraph> <paragraph num="(b)"> <text>“Substantial repairs” means repairs other than those needed to keep existing structures in sound condition.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established pursuant to Transportation Article, §5-821, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Severability."> <text>The provisions of these regulations are intended to be severable, and the finding by any court that any provision is invalid may not affect the validity of the remaining portions, except to the extent that the court finds the remaining portions alone are incomplete and incapable of being enforced.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 6, 1975 (2:17 Md. R. 1192)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.03.14 to 11.03.03</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)</annotation> </annotations> </chapter> <chapter num="04" heading="Aeronautical Regulations"> <regulation prefix="Regulation" num=".01" heading="Authority."> <text>These regulations are issued under the authority granted to the Maryland Aviation Administration by the Transportation Article, §5-202, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>“Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation.</text> </paragraph> <paragraph num="B."> <text>“Airport” refers to a combination of one or more designated landing areas and any surrounding support facilities.</text> </paragraph> <paragraph num="C."> <text>“Commercial use airport” means any airport which:</text> <paragraph num="(1)"> <text>Charges landing or tie down fees;</text> </paragraph> <paragraph num="(2)"> <text>Sells aviation fuel or oil;</text> </paragraph> <paragraph num="(3)"> <text>Rents space;</text> </paragraph> <paragraph num="(4)"> <text>Sells goods or services, whether for profit or not;</text> </paragraph> <paragraph num="(5)"> <text>Engages in any activity for which fees are charged or payment is received; or</text> </paragraph> <paragraph num="(6)"> <text>Engages in any combination of the above activities.</text> </paragraph> </paragraph> <paragraph num="D."> <text>“Designated landing area” means any surface on land, on water, or on a structure which is specifically adapted and maintained for the landing and taking off of aircraft. It does not include a location used only as the point of departure or only as the destination of an aircraft operation.</text> </paragraph> <paragraph num="E."> <text>“FAA” means Federal Aviation Administration.</text> </paragraph> <paragraph num="F."> <text>“Noncommercial use airport” means any airport which is not a commercial use airport.</text> </paragraph> <paragraph num="G."> <text>“Occasional guest” when used in conjunction with an airport, means any individual invited to use an airport for infrequent, irregular flight operations.</text> </paragraph> <paragraph num="H."> <text>“Person” means any:</text> <paragraph num="(1)"> <text>County, municipal corporation, or other political subdivision of the State or any of their units;</text> </paragraph> <paragraph num="(2)"> <text>Individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or</text> </paragraph> <paragraph num="(3)"> <text>Partnership, firm, association, public or private corporation, or any other entity.</text> </paragraph> </paragraph> <paragraph num="I."> <text>“Private use airport” means any airport which the owner or person having a right of access and control authorizes use only to specific designated individuals and occasional guests.</text> </paragraph> <paragraph num="J."> <text>“Public use airport” means any airport, whether privately or publicly owned, which the owner or persons having a right of access and control invite, encourage, or allow flight operations by the public. Any airport that is not a private use airport is a public use airport.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Purpose."> <text>In order to further the public interest and aeronautical progress, provide for the protection and promotion of safety in aeronautics, contribute to the principle of effecting uniform regulations of aeronautics, and in order that those engaged in aeronautics of every character may so engage with the least possible restriction consistent with the safety and rights of others, these regulations have been adopted by the Maryland Aviation Administration of the Maryland Department of Transportation. (Reference: Transportation Article, §§5-102(a) and 5-208, Annotated Code of Maryland.)</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Aircraft Operation."> <paragraph num="A."> <text>Licensed Airports. Except in emergency situations, a person may not conduct any aircraft operations at a licensed airport other than those in conformity with the airport traffic pattern, ground traffic rules, and noise abatement procedures developed by the airport manager.</text> </paragraph> <paragraph num="B."> <text>Public Property.</text> <paragraph num="(1)"> <text>Public Property: Commercial Operation. Aircraft may not be operated commercially from any public land or water owned or controlled by the State unless the landing area has been approved by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Public Land: Noncommercial Operation.</text> <paragraph num="(a)"> <text>State Land. Aircraft may not operate from any State land unless prior approval is obtained from the Administration.</text> </paragraph> <paragraph num="(b)"> <text>Other Public Land. Aircraft may not be operated from any public land, not owned or controlled by the State, unless prior approval is obtained from the political subdivision owning or controlling the land.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Public Waters: Noncommercial Operation.</text> <paragraph num="(a)"> <text>Except as specifically restricted in this regulation, public waters controlled by the State are available for noncommercial seaplane use.</text> </paragraph> <paragraph num="(b)"> <text>Seaplanes may not take-off and land on the designated portions of the following bodies of water:</text> <paragraph num="(i)"> <text>Chester River — Rock Hall Harbor Queenstown Creek Winchester Creek.</text> </paragraph> <paragraph num="(ii)"> <text>Deal (Herring Bay) — Rockhold Creek from the entrance Buoy Fl. R "2" to the headwaters.</text> </paragraph> <paragraph num="(iii)"> <text>Choptank River — Knapp Narrows Buoy Fl. R "4" to Fl. R "6".</text> </paragraph> <paragraph num="(iv)"> <text>Tred Avon River — Oxford Harbor.</text> </paragraph> <paragraph num="(v)"> <text>Wicomico River — From lighted beacon "57" at Harbor Point to head of the Wicomico River and tributaries thereof.</text> </paragraph> <paragraph num="(vi)"> <text>Crisfield Harbor — From the entrance to the headwaters of Somers Cove.</text> </paragraph> <paragraph num="(vii)"> <text>Patuxent River — Solomons Island Harbor from the entrance Buoy N "4" and all tributaries thereof.</text> </paragraph> <paragraph num="(viii)"> <text>Potomac River — St. Patricks Creek (1.3 miles north of northern tip of St. Clements Island) from day-markers "3" and "4" to the headwaters, including tributaries thereof.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Unless prior written permission is obtained from the Secretary of Natural Resources and the Pennsylvania Power and Electric Co., seaplane operations may not be conducted on Deep Creek Lake in Garrett County.</text> </paragraph> <paragraph num="(d)"> <text>Seaplanes may not operate from bodies of water controlled by political subdivisions without the prior approval of the appropriate political subdivision.</text> </paragraph> <paragraph num="(e)"> <text>The following bodies of water are controlled by political subdivisions:</text> <paragraph num="(i)"> <text>Loch Raven Reservoir;</text> </paragraph> <paragraph num="(ii)"> <text>Pretty Boy Reservoir;</text> </paragraph> <paragraph num="(iii)"> <text>Liberty Reservoir;</text> </paragraph> <paragraph num="(iv)"> <text>Triadelphia Reservoir;</text> </paragraph> <paragraph num="(v)"> <text>Rocky Gorge Reservoir;</text> </paragraph> <paragraph num="(vi)"> <text>Rocky Gap Reservoir Cumberland;</text> </paragraph> <paragraph num="(vii)"> <text>Savage River Reservoir Bloomington;</text> </paragraph> <paragraph num="(viii)"> <text>Youghiogheny Lake — Selbyport/Friendsville Maryland/Pennsylvania.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Repealed." /> <regulation prefix="Regulation" num=".06" heading="Airports: General."> <paragraph num="A."> <text>Public Safety. The Administration may not issue or renew an airport license or registration if operations conducted at the airport seriously impair public safety.</text> </paragraph> <paragraph num="B."> <text>License or Registration Required.</text> <paragraph num="(1)"> <text>A person may not operate an airport without an airport license or registration unless exempted by:</text> <paragraph num="(a)"> <text>The Transportation Article, §5-302(a), Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Regulation .09, Airports: Specific Exemptions.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A person may not operate a public-use airport without a public-use airport license. See Table I: Airport Standards.</text> </paragraph> <paragraph num="(3)"> <text>A person may not operate a private-use, commercial-use airport without a commercial-use airport license. See Table I: Airport Standards.</text> </paragraph> <paragraph num="(4)"> <text>A person may not operate a private-use, noncommercial-use airport</text> </paragraph> </paragraph> <paragraph num="C."> <text>Approval of Local Governing Body. A person may not operate an airport without land use approval from the local governing body if that body has an airport zoning ordinance.</text> </paragraph> <paragraph num="D."> <text>Approval of FAA. An airport may not be licensed or registered without airspace approval by the FAA.</text> </paragraph> <paragraph num="E."> <text>Depiction on Aeronautical Charts. Public use airports shall be shown on aeronautical charts and listed in airport directories. Private use airports may be shown on aeronautical charts and listed in airports' directories if they carry the notation “Private” or a symbol conveying the same meaning. Private use airports may be listed or shown only to provide information to aid aircraft in distress.</text> </paragraph> <paragraph num="F."> <text>Tampering with Airport Property. A person may not tamper with any airport property.</text> </paragraph> <paragraph num="G."> <text>Administration Testimony. The Administration, upon request by the local governing body, may provide, at its discretion, expert testimony as to the safety of any particular airport. Nothing in these regulations waives the rights granted by the Transportation Article, §5-211, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Airports: License."> <paragraph num="A."> <text>Scope. This regulation prescribes minimum licensed airport safety standards. For requirements concerning the airport noise control program, see COMAR 11.03.03, Airport Noise Control Program.</text> </paragraph> <paragraph num="B."> <text>General.</text> <paragraph num="(1)"> <text>Airport Licensee Responsibility. The airport licensee is responsible for operating and maintaining the airport in compliance with State law.</text> </paragraph> <paragraph num="(2)"> <text>Appointment of Airport Manager. The airport licensee shall appoint an airport manager and notify the Administration of the appointment.</text> </paragraph> <paragraph num="(3)"> <text>License Display. The airport licensee shall prominently display the airport license at the airport or, if there are no buildings at the airport, at the office of the airport manager.</text> </paragraph> <paragraph num="(4)"> <text>Renewal. The airport license may be renewed annually.</text> </paragraph> <paragraph num="(5)"> <text>Transfer of License. An airport license may not be transferred either in its ownership or geographical location, unless the transfer is approved by the Administration.</text> </paragraph> <paragraph num="(6)"> <text>Liability Insurance.</text> <paragraph num="(a)"> <text>The owner of any aircraft based or hangared in this State may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.</text> </paragraph> <paragraph num="(b)"> <text>The liability insurance policy shall provide coverage for a minimum of:</text> <paragraph num="(i)"> <text>$50,000 bodily injury per individual;</text> </paragraph> <paragraph num="(ii)"> <text>$100,000 bodily injury per accident; and</text> </paragraph> <paragraph num="(iii)"> <text>$50,000 property damage protection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(7)"> <text>Roster of Aircraft.</text> <paragraph num="(a)"> <text>All airports operated in this State shall maintain a roster of all aircraft based or hangared at that airport.</text> </paragraph> <paragraph num="(b)"> <text>The roster shall include, for each aircraft, the following:</text> <paragraph num="(i)"> <text>The “N” number, type, and model;</text> </paragraph> <paragraph num="(ii)"> <text>The name and address of the owner or operator;</text> </paragraph> <paragraph num="(iii)"> <text>The period of time which the aircraft has been hangared at the airport;</text> </paragraph> <paragraph num="(iv)"> <text>The insurance policy or binder number;</text> </paragraph> <paragraph num="(v)"> <text>The name of the insurance company shown on the policy; and</text> </paragraph> <paragraph num="(vi)"> <text>The name of the agent or broker.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The above information shall be made available to the Administration at the annual on-site inspection to determine whether an airport is in compliance with the Transportation Article, §5-1002, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Discrimination or Segregation. All services performed at every licensed airport shall be without discrimination or segregation as to race, creed, color, national origin, or sex.</text> </paragraph> <paragraph num="(9)"> <text>Waivers. Every waiver of an airport requirement shall be stated on the face of the airport license and every waiver granting a substantial deviation from these regulations shall be listed in the State airport directory.</text> </paragraph> <paragraph num="(10)"> <text>Existing Licensed Airports. The Administration shall waive any portion of these regulations for every existing airport licensed as of the effective date of these regulations if the application of the regulation would be an undue burden on the licensee and is not required in the interest of public safety. However, an airport seeking relicensing after a lapse of more than 30 days shall meet the requirements of these regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Airport Manager.</text> <paragraph num="(1)"> <text>Availability of Airport Manager. The airport manager, or his authorized representative, shall be at the airport, or shall post how he can be contacted, during all hours of operation.</text> </paragraph> <paragraph num="(2)"> <text>Marking Dangerous Areas. If, for any reason, a landing area becomes dangerous or unusable, the manager shall mark each danger area with appropriate markers or close the landing area with an “X” clearly visible from pattern altitude.</text> </paragraph> <paragraph num="(3)"> <text>Notice to Airmen. The manager shall file a Notice to Airmen (NOTAM) with the FAA designating any change in airport conditions that may affect safety.</text> </paragraph> <paragraph num="(4)"> <text>Hazards and Zoning Changes. The manager shall advise the Administration of any proposed construction or zoning change near the airport that may affect safety or airport use.</text> </paragraph> <paragraph num="(5)"> <text>Local Procedures. The manager shall prominently display the airport traffic pattern, ground traffic rules, noise abatement procedures, and any special orders relating to the airport and its operation at a prominent location on the airport.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Site Approval.</text> <paragraph num="(1)"> <text>Scope. Approval of a site by the Administration entitles the airport operator to an airport license upon completion of the airport, if all the requirements in the site approval and these regulations have been met. (Reference: Transportation Article, §5-303, Annotated Code of Maryland)</text> </paragraph> <paragraph num="(2)"> <text>Application. Any person desiring to establish a licensed airport may apply on a form provided by the Administration. Applications for site approvals shall include:</text> <paragraph num="(a)"> <text>Name, address, and telephone number of applicant;</text> </paragraph> <paragraph num="(b)"> <text>Proposed use of airport;</text> </paragraph> <paragraph num="(c)"> <text>Location of the site;</text> </paragraph> <paragraph num="(d)"> <text>Schematic drawing of the proposed airport layout with airport dimensions shown;</text> </paragraph> <paragraph num="(e)"> <text>Location of obstructions over 150 feet high within a 1-mile radius;</text> </paragraph> <paragraph num="(f)"> <text>Airport noise control program data as required by COMAR 11.03.03 (for public-use airports only).</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Temporary Commercial Use License. A temporary airport license for a period of not more than 30 days may be issued for commercial purposes if the designated landing area is inspected by the Administration and found to be safe for use by the type of aircraft and for the type of operation specified in the request for the temporary license.</text> </paragraph> <paragraph num="F."> <text>Minimum Standards: Public-Use Airport.</text> <paragraph num="(1)"> <text>Scope. Every licensed public use airport that is not specifically limited to the landing and taking off of a special category of aircraft shall meet or exceed these standards.</text> </paragraph> <paragraph num="(2)"> <text>General Items.</text> </paragraph> <paragraph num="(3)"> <text>Surface. The landing surface shall be smooth and free from hazards or obstructions.</text> </paragraph> <paragraph num="(4)"> <text>Obstruction-Free Approach Surface.</text> <paragraph num="(a)"> <text>An obstruction-free approach surface is an imaginary surface, established in relation to designated landing area, above which there are no obstructions to aerial navigation.</text> </paragraph> <paragraph num="(b)"> <text>The obstruction-free approach surface shall have a 20:1 slope with a 200-foot clear zone inner width and a 10:1 flare for each side. This standard obstruction-free approach surface is depicted in Diagram 1: Runway and Obstruction Free Approach Surface Configurations.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Runway Visibility. The runway shall be in such condition that two airplanes at rest on the same runway are visible to each other except at airports where traffic control exists and is exercised.</text> </paragraph> <paragraph num="(6)"> <text>Lighting. If the airport is advertised as lighted for night operations, the lights shall be made available for use from dusk until dawn.</text> </paragraph> <paragraph num="(7)"> <text>Runway Marking.</text> <paragraph num="(a)"> <text>Nonpaved Runways. Markers shall be placed 200 feet apart outlining the length of landing surface on both sides. Thresholds shall be marked with at least four markers of a type approved by the Executive Director on each side of the landing area where the effective length commences. The threshold markers shall be 5 feet apart and placed on line 90 degrees to the runway heading.</text> </paragraph> <paragraph num="(b)"> <text>Paved Runways. Marking shall conform to current FAA standards.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>State Supplied Safety Equipment. The licensee shall install and operate any safety equipment, such as rotating beacons, wind cones, or other equipment supplied by the Administration.</text> </paragraph> <paragraph num="(9)"> <text>Compliance with National Standards. To promote uniform airport standards, every licensed airport with a runway over 3,200 feet long shall substantially comply with the airport design standards recommended in the “Airport Design FAA Advisory Circular 150/5300-13”, which is incorporated by reference at COMAR 11.03.01.01-1B(8). Deviations from these recommended standards shall be properly justified by the airport operator before a license will be issued by the Administration.</text> </paragraph> <paragraph num="(10)"> <text>FAA Certification Program. Airports fulfilling the requirements of the FAA airport certification program meet or exceed the minimum standards for a public-use airport.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Minimum Standards: Commercial-Use Airport.</text> <paragraph num="(1)"> <text>Scope. Every licensed commercial-use airport that is not specifically limited to the landing and taking off of a special category of aircraft shall meet or exceed these standards.</text> </paragraph> <paragraph num="(2)"> <text>General Items.</text> </paragraph> <paragraph num="(3)"> <text>Surface. The landing area shall present a surface which may be used for the landing and take-off of aircraft without undue hazard.</text> </paragraph> <paragraph num="(4)"> <text>Obstruction-Free Approach Surface. The obstruction-free approach surface minimum standards for a commercial-use airport are the same as the public-use airport obstruction free approach surface minimum standards (see Diagram 1).</text> </paragraph> </paragraph> <paragraph num="H."> <text>Minimum Standards: Public-Use or Commercial-Use Seaplane Base.</text> <paragraph num="(1)"> <text>Scope. Every licensed airport specifically adapted for the landing and taking off of seaplanes shall meet or exceed these standards.</text> </paragraph> <paragraph num="(2)"> <text>Size. The body of water shall have a minimum effective length of at least mile and shall be of sufficient width and depth to permit the safe operation of aircraft on the surface.</text> </paragraph> <paragraph num="(3)"> <text>Boundary Markers. The area available for landing and take-off and for taxiing, when required in the interest of safety, shall be marked in a way approved by the Administration, or as may be required by the marine traffic regulations of the authority having jurisdiction.</text> </paragraph> <paragraph num="(4)"> <text>Hazards. Every hazard in the approach or landing area, including underwater obstructions, shall be marked in a way approved by the Administration.</text> </paragraph> <paragraph num="(5)"> <text>Wind Indicator. Every public-use seaplane base shall be equipped with a wind indicator which is clearly visible from pattern altitude. If night operations are conducted, the wind indicator shall be lighted.</text> </paragraph> <paragraph num="(6)"> <text>Minimum Facilities and Equipment. Every licensed seaplane base shall be equipped with, as a minimum:</text> <paragraph num="(a)"> <text>A dock ramp, or float, suitable for the loading of seaplanes;</text> </paragraph> <paragraph num="(b)"> <text>An immediately available life preserver of the ring or throw type with sufficient line attached;</text> </paragraph> <paragraph num="(c)"> <text>An immediately available boat and operable motor while student training flights are in progress.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Minimum Standards: Public-Use or Commercial-Use Heliport. To promote uniform heliport standards, every licensed heliport shall substantially comply with the appropriate recommendations in the “Heliport Design FAA Advisory Circular 150/5390-2”, which is incorporated by reference at COMAR 11.03.01.01-1B(9).</text> </paragraph> <paragraph num="J."> <text>Minimum Standards: Public Use or Commercial-Use Airport (Nonconventional Aircraft). Every licensed airport specifically adapted for the landing and taking off of airships, balloons, gliders, STOL aircraft, or other nonconventional types of aircraft not specifically provided for in these regulations shall meet or exceed the minimum safety requirements the Administration will prescribe for each application. These minimum safety requirements will be prescribed in light of the special operating characteristics of the specific nonconventional aircraft, the location and condition of the airport, and any other circumstances that may affect public safety.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Airports: Registration."> <paragraph num="A."> <text>Restrictions.</text> <paragraph num="(1)"> <text>The airport operations may not endanger lives or property on the ground.</text> </paragraph> <paragraph num="(2)"> <text>The airport operations may not interfere with other authorized use of the navigable airspace.</text> </paragraph> <paragraph num="(3)"> <text>If published manufacturer's specifications exist for the aircraft operating from the airport, the airport shall be of sufficient size to meet the specifications.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Minimum Standards. The airport operator may not be required to exceed the minimum standards of a commercial-use airport for the same class of aircraft.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Airports: Specific Exemptions."> <paragraph num="A."> <text>Agricultural Airstrips (Agstrips).</text> <paragraph num="(1)"> <text>An agstrip is any designated landing area maintained solely for temporary or occasional use by aircraft engaged in aerial application of chemicals, fertilizers, or other substances to agricultural or forest lands.</text> </paragraph> <paragraph num="(2)"> <text>If an agstrip is in an area where operations do not endanger lives or property on the ground and do not interfere with other authorized use of navigable airspace, the agstrip need not be approved, licensed, or registered by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>Responsibility for the agstrip rests solely with the user, who shall comply with the following:</text> <paragraph num="(a)"> <text>Use for any aeronautical purpose other than agricultural or forest aerial application is prohibited;</text> </paragraph> <paragraph num="(b)"> <text>Prior permission from the property owner shall be obtained;</text> </paragraph> <paragraph num="(c)"> <text>The strip shall be of sufficient size to accommodate the aircraft operating off the strip;</text> </paragraph> <paragraph num="(d)"> <text>Persons and property on the ground may not be endangered.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Balloon and Glider Landing Areas. If a balloon or glider landing area is located where operations do not endanger lives or property on the ground and do not interfere with other authorized use of the navigable airspace, the landing area need not be approved, licensed, or registered by the Administration. Operations at the landing area shall be carried out in a prudent manner and with due regard for safety.</text> </paragraph> <paragraph num="C."> <text>Emergency Landing Areas. None of the airport standards prescribed by these regulations apply to aircraft operation in an emergency situation by public safety agencies, such as those with police and fire control responsibilities, or by a private or commercial operator when performing these functions under contract or control to a public safety agency, if a landing and take-off is necessary to protect life or property. These operations shall be carried out in a prudent manner and with due regard for safety.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Waivers."> <paragraph num="A."> <text>Administration Authority. Except for the provisions of Regulation .07B(6) which may not be waived, the Administration reserves the right to waive any portion of these regulations. However, a waiver shall be granted only after the Administration determines that the waiver is in the best interest of the aviation public and does not endanger public safety.</text> </paragraph> <paragraph num="B."> <text>Application Procedure. A person desiring a waiver of these regulations may contact: Director of Regional Aviation Assistance, Maryland Aviation Administration, Post Office Box 8766, Baltimore/Washington International Airport, Maryland 21240.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Fees."> <paragraph num="A."> <text>Airport Site Approval. Certificates of site approval shall be issued without charge to persons qualifying for them (authority: Transportation Article, §5-303, Annotated Code of Maryland).</text> </paragraph> <paragraph num="B."> <text>Airport License. The original airport license fee is $25 and the annual license renewal fee is $10 (authority: Transportation Article, §§5-301(b) and (c), 5-304(a)—(e)(2), Annotated Code of Maryland).</text> </paragraph> <paragraph num="C."> <text>Airport Registration. If no aircraft, other than those owned by the airport operator, are based at the airport, there is no fee charged for initial registration or annual renewal. Otherwise, the initial registration fee is $10 and the annual registration renewal fee is $5 (authority: Transportation Article, §5-306, Annotated Code of Maryland).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Inspections and Enforcement."> <paragraph num="A."> <text>Inspections. An applicant for, or a holder of, an airport license, airport registration, or site approval shall offer full cooperation to any authorized representative of the Administration inspecting the airport or proposed airport site. The Administration is entitled to immediate access to the lands, buildings, equipment, and operating records of a licensed airport, registered airport, or approved site.</text> </paragraph> <paragraph num="B."> <text>Enforcement.</text> <paragraph num="(1)"> <text>Violations. Any person violating any of these regulations may be punished under the provisions of the Transportation Article, §§5-1101—5-1105, Annotated Code of Maryland, in addition to any other penalties provided by law.</text> </paragraph> <paragraph num="(2)"> <text>Order Closing Unapproved Facilities. The Administration may order the closing of any airport or landing field or order any air school, air beacon, or other air navigation facility to stop operating until the requirements of the Administration are met (authority: Transportation Article, §§5-210 and 5-304(e)(1), Annotated Code of Maryland).</text> </paragraph> <paragraph num="(3)"> <text>Injunctive Relief. The Administration may, in the name of the State, enforce these regulations and orders issued under them by injunction or other legal process in the courts of Maryland (authority: Transportation Article, §5-1103, Annotated Code of Maryland).</text> </paragraph> <paragraph num="(4)"> <text>Appeals. Any person adversely affected by these regulations or orders issued under them may appeal according to the procedures for review set forth in the Administrative Procedure Act. Reference: Transportation Article, §5-304(e)(1), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Severability."> <text>The provisions of these regulations are severable, and the finding by any court that any provision is invalid does not affect the validity of the remaining portions.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §5-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1976 (2:28 Md. R. 1681)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.03.15 to 11.03.04</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)</annotation> </annotations> </chapter> <chapter num="05" heading="Obstructions to Air Navigation"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to Transportation Article, §2-102(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Repealed.</text> </paragraph> <paragraph num="(3)"> <text>“Airport” means a public use airport licensed by the Administration or owned or operated, or both, by a public entity of Maryland and used by fixed wing aircraft.</text> </paragraph> <paragraph num="(4)"> <text>“Airport obstruction zone” means all land within a 3 nautical mile radius of the established reference point of an airport.</text> </paragraph> <paragraph num="(5)"> <text>“Established airport elevation” means the highest point of an airport's usable runways measured in feet from mean sea level.</text> </paragraph> <paragraph num="(6)"> <text>“Established reference point” means the center of the longest runway existing or planned at the time of the initial adoption of an airport obstruction program, and if changed at a later date, means the center of the longest runway existing as a result of the change.</text> </paragraph> <paragraph num="(7)"> <text>“Hazard” means any object which affects the area available for landing, take-off, and maneuvering of aircraft, thus tending to impair or destroy the utility of an airport and present a potential danger to users of the airport and residents of the area.</text> </paragraph> <paragraph num="(8)"> <text>“Imaginary surfaces” means a series of planes or curved surfaces placed at various angles or arcs in relation to an airport's runways and based on a runway's classification and most precise available or planned aircraft approach path, more fully described in Regulation .04D of this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Nautical mile” means a distance of 6,076 consecutive linear feet.</text> </paragraph> <paragraph num="(10)"> <text>“Non-conforming use” means any preexisting object or use of land which is inconsistent with the provisions of the airport's obstruction standards described in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(11)"> <text>“Non-precision instrument approach” means an instrument approach procedure using air navigation facilities with horizontal guidance only.</text> </paragraph> <paragraph num="(12)"> <text>“Object” means tangible personal property or real property, including vegetation and terrain features.</text> </paragraph> <paragraph num="(13)"> <text>“Obstruction” means an object that penetrates any imaginary surface taking precedence as defined in these regulations.</text> </paragraph> <paragraph num="(14)"> <text>“Personalty” means any personal property.</text> </paragraph> <paragraph num="(15)"> <text>“Precision instrument approach” means an instrument approach procedure using an instrument landing system or a precision approach radar system which provides horizontal and vertical guidance for landing on a runway.</text> </paragraph> <paragraph num="(16)"> <text>“Public-use airport” means any airport, whether publicly or privately owned, at which the owner or persons having a right of access and control invite, encourage, or allow flight operations by the public without the need for prior permission.</text> </paragraph> <paragraph num="(17)"> <text>“Runway” means any existing or planned hard surface or turf covered area of an airport which is specifically designated and used or planned to be used for takeoff or landing of aircraft.</text> </paragraph> <paragraph num="(18)"> <text>“Slope” means an incline from the horizontal expressed in an arithmetic ratio or horizontal distance to vertical distance.</text> </paragraph> <paragraph num="(19)"> <text>“Statute mile” means a distance of 5,280 consecutive linear feet.</text> </paragraph> <paragraph num="(20)"> <text>“Substantial alteration” means any change in an object which results in a modification of the dimensions of that object.</text> </paragraph> <paragraph num="(21)"> <text>“Utility runway” means a runway constructed for or intended to be used by propeller-driven aircraft of 12,500 pounds or less (maximum gross weight).</text> </paragraph> <paragraph num="(22)"> <text>“Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures, as indicated on an airport layout plan (ALP).</text> </paragraph> <aftertext>For example:</aftertext> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>These regulations govern the erection and maintenance of any obstruction to air navigation that:</text> <paragraph num="A."> <text>Interferes with the public right of freedom of transit in air commerce;</text> </paragraph> <paragraph num="B."> <text>Endangers the lives and property of those using the air space for transportation; or</text> </paragraph> <paragraph num="C."> <text>Endangers the lives and property of the occupants of land in this State. (Reference: Transportation Article, §§5-701 and 5-702, Annotated Code of Maryland)</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Prohibited Activity."> <paragraph num="A."> <text>Except as permitted by Regulation .06 of this chapter, a person may not build any structure, permit any structure to be built, maintain any personalty, or permit any object to grow to a height that, in violation of any regulation adopted in this chapter, constitutes a hazard to air navigation at or near any airport.</text> </paragraph> <paragraph num="B."> <text>As to any vegetation, a person may not:</text> <paragraph num="(1)"> <text>Plant, replant, or allow any vegetation to grow to such a height as to be an airport hazard; or</text> </paragraph> <paragraph num="(2)"> <text>Allow any vegetation that is an existing airport hazard to grow any higher.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Obstruction Standards."> <paragraph num="A."> <text>An obstruction is a hazard to air navigation if it:</text> <paragraph num="(1)"> <text>Is greater than 200 feet above ground level and within 3 nautical miles of the established reference point of any public-use airport licensed by the Administration; or</text> </paragraph> <paragraph num="(2)"> <text>Penetrates any imaginary surface specified in this regulation as applied to any airport.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For the purpose of this chapter, airport runways are classified</text> </paragraph> <paragraph num="C."> <text>Imaginary Surfaces.</text> <paragraph num="(1)"> <text>Imaginary surfaces are various planes or curved surfaces constructed at specified angles or arcs in relation to an airport runway. They shall be determined separately for each airport and for each runway at that airport, depending on the classification of the runway and the most precise type of aircraft instrument approach available or planned for the runway.</text> </paragraph> <paragraph num="(2)"> <text>Because of the interrelationship of the imaginary surfaces, they shall be determined in the following sequence:</text> <paragraph num="(a)"> <text>Primary surface;</text> </paragraph> <paragraph num="(b)"> <text>Horizontal surface;</text> </paragraph> <paragraph num="(c)"> <text>Conical surface;</text> </paragraph> <paragraph num="(d)"> <text>Approach surface; and</text> </paragraph> <paragraph num="(e)"> <text>Transitional surface.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When two surfaces overlap, the following apply:</text> <paragraph num="(a)"> <text>The primary surface takes precedence over any other surface;</text> </paragraph> <paragraph num="(b)"> <text>The approach surface takes precedence over the horizontal and conical surfaces to the extent the approach surface imposes a lower height limitation; and</text> </paragraph> <paragraph num="(c)"> <text>The transitional surface takes precedence over the horizontal surface.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Each imaginary surface shall be determined in the following manner:</text> <paragraph num="(1)"> <text>Primary Surface.</text> <paragraph num="(a)"> <text>The primary surface shall be longitudinally centered on the runway, at the runway elevation, and extend 200 feet beyond each end of the runway when the runway has a specifically prepared hard surface. In the absence of a hard surface, the ends of the primary surface shall coincide with the ends of the runway.</text> </paragraph> <paragraph num="(b)"> <text>The width of the primary surface shall be:</text> </paragraph> <paragraph num="(c)"> <text>The width of the primary surface shall be that width prescribed in this subsection for the most precise approach existing or planned for either end of the runway.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Horizontal Surface.</text> <paragraph num="(a)"> <text>The horizontal surface is a horizontal plane 150 feet above the established airport elevation, the perimeter of which is determined by arcs of specified radius centered at each end of the primary surface connected by lines tangent to those arcs.</text> </paragraph> <paragraph num="(b)"> <text>The perimeter of the horizontal surface shall be determined by the following radii:</text> </paragraph> <paragraph num="(c)"> <text>When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded in the construction of the perimeter of the horizontal surface.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Conical Surface. The conical surface for all runway classifications extends outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.</text> </paragraph> <paragraph num="(4)"> <text>Approach Surface.</text> <paragraph num="(a)"> <text>The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the primary surface. The approach surfaces pass through and take precedence over the horizontal and conical surfaces.</text> </paragraph> <paragraph num="(b)"> <text>The length, width, and slope angle of the approach surface is specified in Table 2 for each runway classification.</text> </paragraph> <paragraph num="(c)"> <text>The approach surface is applied to each end of each runway at an airport based upon the type of approach available or planned for that runway end.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Transitional Surface.</text> <paragraph num="(a)"> <text>The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extended, at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces, to an elevation of 150 feet above the established airport elevation.</text> </paragraph> <paragraph num="(b)"> <text>For those portions of a precision approach surface that extend through the conical surface, the transitional surface extends at right angles to the runway centerline extended for a horizontal distance of 5,000 feet, measured from the edge of the approach surface.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>To provide clearance for mobile objects operating on traverse ways on or near a public-use airport that does not have an operative ground traffic control service coordinated with the air traffic control service, the actual height of the traverse way shall be adjusted upwards by the following amounts:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Construction or Alteration."> <paragraph num="A."> <text>A person who proposes any of the following acts of construction, alteration, or placement of personalty, shall give written notice to the Administration at least 30 days before the start of construction, alteration, or placement. The notice shall be delivered or mailed to the Maryland Aviation Administration, Third Floor, Terminal Building, Box 8766, Baltimore/Washington International Thurgood Marshall Airport, Maryland 21240. The acts include the following:</text> <paragraph num="(1)"> <text>Any construction or alteration of more than 200 feet above the ground level, or the placement of any personalty at this height, at any site within a 3 nautical mile radius of the center of the longest runway existing at any public-use airport licensed by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Any construction, alteration, or placement of personalty, at greater height than an imaginary surface extending outward and upward at one of the following slopes:</text> <paragraph num="(a)"> <text>100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of any airport with at least one runway more than 3,200 feet in actual length, or</text> </paragraph> <paragraph num="(b)"> <text>50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of any airport with its longest runway no more than 3,200 feet in actual length.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of the proposed construction, alteration, or placement can be given to the Administration by providing a copy of the completed FAA Form 7460-1 required by Part 77 of the Federal Air Regulations, delivered or mailed as specified in §A, above.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Variances."> <paragraph num="A."> <text>Power of Political Subdivisions. Except as to the land area subject to jurisdiction of the Board of Airport Zoning Appeals, as established under the Transportation Article, Title 5, Subtitle 5, a political subdivision or a joint board established under the Transportation Article, Title 5, Subtitle 6, may grant a variance to any regulation adopted in this chapter if the variance does not endanger the public health, safety, and welfare.</text> </paragraph> <paragraph num="B."> <text>Unless the legislative body of the political subdivision or the joint board provides otherwise, a person who desires a variance may apply for it in accordance with the local procedure for requesting a variance to the comprehensive zoning regulations of the political subdivision.</text> </paragraph> <paragraph num="C."> <text>If an application for a variance is made, the political subdivision or joint board shall notify the Administration of the application at least 30 days before any hearing is held on it. The notice shall be delivered or mailed to Maryland Aviation Administration, Third Floor, Terminal Building, Box 8766, Baltimore/Washington International Thurgood Marshall Airport, Maryland 21240.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Obstruction Lighting and Marking."> <text>The Administration, political subdivision, or joint board may require the owner of any structure or other object that is deemed a hazard to air navigation by the standards contained in this chapter to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an obstruction.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Conflict of Regulations."> <text>If there is a conflict between any regulation adopted under this chapter and any other federal, State, or local regulation applicable to the same subject, the more stringent limitation or requirement shall govern.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Existing Nonconforming Uses."> <text>This chapter does not require any change in the height or location of any man-made structure in existence or under construction before the effective date of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Enforcement."> <paragraph num="A."> <text>The Administration or appropriate local authorities, or both, may institute judicial action to restrain, prevent, correct, or abate any actions taken by persons in violation of these regulations.</text> </paragraph> <paragraph num="B."> <text>The Administration reserves the right to waive any portion of these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Penalties."> <paragraph num="A."> <text>A person violating these regulations is guilty of a misdemeanor, and on conviction is subject to a fine of not more than $500 or imprisonment not exceeding 90 days, pursuant to the Transportation Article, §5-1105, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A person violating the airport obstruction regulations of any political subdivision is subject to such fine or imprisonment, or both, as provided for by the political subdivision. If a penalty is not specified, then the penalties of §A of this regulation shall apply.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)</annotation> <annotation type="History" subtype="Administrative History">COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)</annotation> </annotations> </chapter> <chapter num="06" heading="Airport Zoning Regulations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to the Transportation Article, §2-102(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Airport” or “airports” means those airports owned by the State of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Board” means the Board of Airport Zoning Appeals within the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(4)"> <text>“Substantially alter” means any significant change, and includes reconstruction, rebuilding, replacement, major repair, or change in use.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <paragraph num="A."> <text>These regulations have been adopted by the Maryland Aviation Administration of the Maryland Department of Transportation to protect the aerial approaches of airports owned by the State.</text> </paragraph> <paragraph num="B."> <text>In adopting the regulations, the Administration has considered the following to the extent that they affect or promote the public health, safety, order, or security:</text> <paragraph num="(1)"> <text>The character of the flying operations conducted or expected to be conducted at the airports;</text> </paragraph> <paragraph num="(2)"> <text>The surrounding terrain;</text> </paragraph> <paragraph num="(3)"> <text>The height of existing structures, personalty, and vegetation in the vicinity;</text> </paragraph> <paragraph num="(4)"> <text>The feasibility of lowering or removing existing structures, personalty, and vegetation in the vicinity;</text> </paragraph> <paragraph num="(5)"> <text>The advice, recommendations, and opinion of the federal agency charged with fostering civil aeronautics as to the aerial approaches necessary for safe flying operations at the airports;</text> </paragraph> <paragraph num="(6)"> <text>The risks associated with aerial traffic at the airports;</text> </paragraph> <paragraph num="(7)"> <text>The type, size, weight, and load capacity of aircraft that use or might use the airports;</text> </paragraph> <paragraph num="(8)"> <text>The weather conditions generally prevailing in the vicinity;</text> </paragraph> <paragraph num="(9)"> <text>The size and layout of the landing area of the airports; and</text> </paragraph> <paragraph num="(10)"> <text>The present and future needs of the inhabitants of this State with reference to the use of the airports for public transportation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Incorporation by Reference."> <text>14 CFR 77 is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Airport Zoning Districts."> <paragraph num="A."> <text>Size and Location of Districts. The airport zoning districts shall consist of the following areas for:</text> <paragraph num="(1)"> <text>Baltimore/Washington International Thurgood Marshall Airport—the land area delineated by and contained within a circle, the radius of which is 4 miles from a point with Maryland grid coordinates of E 893,909.99—N 490,279.30; and</text> </paragraph> <paragraph num="(2)"> <text>Martin State Airport—delineated by and contained within a circle, the radius of which is 3.3 miles from a point with Maryland grid coordinates of E 1,478,185.03—N 604,718.69.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Boundaries of Districts.</text> <paragraph num="(1)"> <text>Generally. The boundaries of each airport zoning district established by this chapter shall be shown on an airport zoning map filed in the land records of the county where the airport is located. A copy of the map shall be kept at all times in the office of the Administration and shall be open to public inspection during regular business hours.</text> </paragraph> <paragraph num="(2)"> <text>Baltimore/Washington International Thurgood Marshall Airport. A map for Baltimore/Washington International Thurgood Marshall Airport depicting the district established in §A(1) of this regulation shall be filed by the Administration in the land records offices of Anne Arundel County, Baltimore County, and Howard County.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Height Limits in Airport Zoning Districts."> <text>Except as otherwise provided in this chapter, a structure or personalty may not be erected, altered, or maintained, and vegetation may not be allowed to grow or be maintained, in any airport zoning district at a height greater than the height limit established by 14 CFR 77.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Prohibited Activity."> <text>Except as permitted by Regulations .07 and .08 of this chapter, a person may not, within any airport zoning district created by this chapter:</text> <paragraph num="A."> <text>Build any structure, permit any structure to be built, or maintain any personalty to a height that would be a hazard to air navigation under the standards stated in COMAR 11.03.05.04;</text> </paragraph> <paragraph num="B."> <text>Substantially alter any existing structure or change the use of land;</text> </paragraph> <paragraph num="C."> <text>Permit any use of land that is prohibited by Regulation .06 of this chapter;</text> </paragraph> <paragraph num="D."> <text>As to any vegetation:</text> <paragraph num="(1)"> <text>Plant, replant, or allow any vegetation to grow to such a height as to be an airport hazard, or</text> </paragraph> <paragraph num="(2)"> <text>Allow any vegetation that is an existing airport hazard to grow any higher;</text> </paragraph> </paragraph> <paragraph num="E."> <text>Within the airport zoning district for Baltimore/Washington International Airport:</text> <paragraph num="(1)"> <text>Establish or construct any new structure;</text> </paragraph> <paragraph num="(2)"> <text>Make any new use of any existing structure or land; or</text> </paragraph> <paragraph num="(3)"> <text>Erect, use, or permit to be used a crane or other construction equipment higher than 10 feet above ground level;</text> </paragraph> </paragraph> <paragraph num="F."> <text>Build any structure, locate any personalty, or conduct any activity that would result in a frequent or significant congregation of people in any designated runway protection zone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Prohibited Land Uses."> <text>Except as provided by Regulations .07 and .08 of this chapter, a person may not use any land located within any airport zoning district created by this chapter for any:</text> <paragraph num="A."> <text>Transformer station or high-tower transmission line;</text> </paragraph> <paragraph num="B."> <text>Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport or impair visibility in the vicinity of the airport;</text> </paragraph> <paragraph num="C."> <text>Rifle or other firing range, ultralight flight park, or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport;</text> </paragraph> <paragraph num="D."> <text>Plant, business, or activity of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport;</text> </paragraph> <paragraph num="E."> <text>Business, structure, personalty, or activity of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport, or may result in a hazard to the health, safety, or welfare of the public as a result of operation of the airport; or</text> </paragraph> <paragraph num="F."> <text>Use that would:</text> <paragraph num="(1)"> <text>Create electrical interference with radio communications between the airport, aircraft, air navigation equipment or other facilities,</text> </paragraph> <paragraph num="(2)"> <text>Make it difficult for airmen to distinguish between airport lights and other lights, or cause glare in the eyes of airmen using the airport, or</text> </paragraph> <paragraph num="(3)"> <text>Otherwise endanger the landing, taking off, or maneuvering of aircraft.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Permits."> <paragraph num="A."> <text>Permit Required. Unless a person has an appropriate permit issued by the Administration, the person may not, in any airport zoning district established by this chapter, undertake or allow any construction, maintain any personalty, or conduct any activity prohibited by Regulation .05 or .06 of this chapter, except as set forth in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Exemptions.</text> <paragraph num="(1)"> <text>The Administration may not require a permit for a repair or addition to an existing legal structure or its appurtenances or for a crane or other equipment used in the repair or addition, if the repair, addition, crane, or other equipment does not increase or exceed the existing structure's maximum height above mean sea level.</text> </paragraph> <paragraph num="(2)"> <text>A repair or an addition includes:</text> <paragraph num="(a)"> <text>Construction of a:</text> <paragraph num="(i)"> <text>Garage, shed, or outbuilding,</text> </paragraph> <paragraph num="(ii)"> <text>Patio or patio cover, porch, carport enclosure, or deck,</text> </paragraph> <paragraph num="(iii)"> <text>Pier, bulkhead, or mooring pile,</text> </paragraph> <paragraph num="(iv)"> <text>Dormer, replacement window, or ridge vent,</text> </paragraph> <paragraph num="(v)"> <text>Retaining wall, and</text> </paragraph> <paragraph num="(vi)"> <text>Swimming pool or hot tub and enclosure;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Installation of exterior siding;</text> </paragraph> <paragraph num="(c)"> <text>Partitioning or improvement to the interior of a structure;</text> </paragraph> <paragraph num="(d)"> <text>Construction, excavation, or enlargement of a basement under an existing structure; and</text> </paragraph> <paragraph num="(e)"> <text>Demolition of existing structure.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Application for Permit.</text> <paragraph num="(1)"> <text>The owner of the land or structure shall obtain a permit from the Administration before any:</text> <paragraph num="(a)"> <text>Work that requires a permit under this chapter is started;</text> </paragraph> <paragraph num="(b)"> <text>Growth of vegetation that requires a permit under this chapter is allowed; and</text> </paragraph> <paragraph num="(c)"> <text>Placement of personalty that requires a permit under this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed work, project, or personalty placement will comply with each applicable airport zoning regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Issuance of Permits. The Administration:</text> <paragraph num="(1)"> <text>May not issue a permit unless each airport zoning regulation applicable to the airport zoning district in which the land or structure is located has been complied with fully;</text> </paragraph> <paragraph num="(2)"> <text>Shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure, tree, or other vegetation to be higher than, or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Conditions on Permit. The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.</text> </paragraph> <paragraph num="F."> <text>Disapproval of Application for Permit. If the Administration disapproves an application for a permit:</text> <paragraph num="(1)"> <text>The Administration shall notify the applicant in writing of its reasons for the disapproval; and</text> </paragraph> <paragraph num="(2)"> <text>If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant shall be so advised.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Zoning Permit Prerequisite to Local Permit. A local agency may not issue a use permit or a permit for construction, reconstruction, extension, repair, or alteration within an airport zoning district for which an airport zoning permit is required until the applicant has been issued an airport zoning permit by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Variances."> <text>A person denied a permit under Regulation .07 of this chapter who desires to use his property in a manner prohibited by an airport zoning regulation contained in this chapter may apply to the Board for a variance from the regulation.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Existing Nonconforming Use."> <text>An airport zoning regulation contained in this chapter may not:</text> <paragraph num="A."> <text>Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or</text> </paragraph> <paragraph num="B."> <text>Otherwise interfere with the continuance of any nonconforming use.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Conflict of Regulations."> <text>If there is any conflict between any airport zoning regulation adopted under this chapter and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Power of Administration to Correct."> <text>If a person violates any provision of this chapter, the Administration, in addition to any other lawful remedy, may institute an appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Penalty."> <text>A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues, pursuant to Transportation Article, §5-511, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1985 (12:13 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)</annotation> </annotations> </chapter> <chapter num="07" heading="Maryland Air Terminal Assistance Program" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 12, 1987 (14:1 Md. R. 32)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02, and .04 amended effective December 11, 1989 (16:24 Md. R. 2620)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective November 19, 2018 (45:23 Md. R. 1070)</annotation> </annotations> </chapter> <chapter num="08" heading="Maryland Assistance to Private Airports (MAPA) Program"> <regulation prefix="Regulation" num=".01" heading="Airport Facility Improvements in Maryland."> <paragraph num="A."> <text>An effective air transportation system is essential to the continued economic health of the State of Maryland and is crucial to the success of any efforts to attract new industry and commerce.</text> </paragraph> <paragraph num="B."> <text>The key element of an effective air transportation system is sufficient, strategically placed airports that provide safe entry into, and exit from, the airspace above Maryland for the scheduled air carriers, the operators of corporate and privately registered aircraft within the State, and transient aircraft traversing the State for business and recreational purposes.</text> </paragraph> <paragraph num="C."> <text>The predominant portion of airports upon which the State relies to accommodate the needs of the general public are privately owned and ineligible for federal assistance in the form of tax support grant programs.</text> </paragraph> <paragraph num="D."> <text>The Administration is empowered by law to make grants and loans for equipment, improvements, and the rehabilitation of facilities at those airports serving the public and that are deemed to be essential to the air transportation system of the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligibility Requirements — General."> <paragraph num="A."> <text>The Administration may provide grants and loans for the acquisition of land and the improvement or rehabilitation of airport facilities at those privately owned airports open to the general public, provided the:</text> <paragraph num="(1)"> <text>Governing body of the county in which the airport is located has granted exemption to the airport owner from county property taxes as authorized by the Tax-Property Article, §8-302, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Airport has been found to be essential in meeting the needs of the public and is included in the Maryland Aviation System Plan developed by the Maryland Department of Transportation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Project grants and loans shall be made as reimbursement for a fixed percentage of eligible project costs, not in excess of that stated in Regulation .03.</text> </paragraph> <paragraph num="C."> <text>The award of project grants and loans shall be made subject to the following conditions:</text> <paragraph num="(1)"> <text>Availability of State funds;</text> </paragraph> <paragraph num="(2)"> <text>A written determination by the Administration that the proposed project is prudent, cost effective, timely, and in conformance with acceptable airport design standards;</text> </paragraph> <paragraph num="(3)"> <text>Assurances are obtained from the airport owner and any successive owner or owners that the airport will remain available to serve the public for a period of time commensurate with the useful life of the improvements obtained with the funds;</text> </paragraph> <paragraph num="(4)"> <text>If the airport closes for public use, the airport owner shall be required to reimburse the Administration for the unamortized portion of the funds, as determined by the Administration;</text> </paragraph> <paragraph num="(5)"> <text>The unamortized remaining balance of grants and loans may be secured by the use of recorded liens or bonds and shall be paid to the Administration if the airport closes for public use;</text> </paragraph> <paragraph num="(6)"> <text>A determination by the Administration that the airport owner has sufficient funds to finance, on a timely basis, that portion of the project costs not provided by the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Project Grant and Loan Allowances."> <paragraph num="A."> <text>Subject to the conditions outlined in Regulation .02, the Administration shall provide grants and loans not in excess of the percentages stated in Regulation .05 for approved projects.</text> </paragraph> <paragraph num="B."> <text>Grants or loans for any project other than those stated in §A of this regulation shall be at the sole discretion of the Administration and at a combined total not in excess of 90 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Guidelines and Procedures."> <paragraph num="A."> <text>The Administration shall provide detailed guidelines on the operation of the Maryland Assistance to Private Airports (MAPA) Program.</text> </paragraph> <paragraph num="B."> <text>The Administration shall provide procedures for obtaining project grants and loans. These procedures shall contain detailed application, processing, and accountability requirements to be followed by each participating private airport.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Table A."> <text>The following table reflects State aid for development of public-use airports:</text> <text>Available Loans Type of Improvement Available Grant Grant Guaranty Percentage Payback Period (a) (b) (c) (d) (e) Airfield lighting 90% 10 years 90% 10 years Fueling facilities — — 100% 10 years Hangars — — 100% 10 years Land acquisition: Easements and in-fee operating equipment: 90% 20 years 90% 20 years Fire, snow removal, mowing, etc. 90% 10 years 90% 10 years Pavement: New 90% 15 years 90% 15 years Overlays 90% 10 years 90% 10 years</text> <paragraph num="(a)"> <text>Interest on loans provided by DOT will be 1 percent above the prime commercial rate at the time loan agreement is executed.</text> </paragraph> <paragraph num="(b)"> <text>Loan and grant obligation of the airport owner may be secured by a lien or mortgage on the improvement or existing property.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 26, 1988 (15:26 Md. R. 2984)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)</annotation> </annotations> </chapter> <chapter num="09" heading="Issuance of Citations by Maryland Aviation Administration Personnel"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of these regulations is to establish:</text> <paragraph num="A."> <text>Qualifications for employees designated under Transportation Article, §5-212.1, Annotated Code of Maryland, including prerequisites of character, training, experience, and education; and</text> </paragraph> <paragraph num="B."> <text>Standards for the performance of the duties assigned to employees designated under Transportation Article, §5-212.1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to Transportation Article, §2-102(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Airport” means Baltimore/Washington International Thurgood Marshall Airport or Martin State Airport, owned by the State and operated by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except:</text> <paragraph num="(a)"> <text>A device moved by human or animal power; and</text> </paragraph> <paragraph num="(b)"> <text>Aircraft and devices moved exclusively upon stationary rails or tracks.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Traffic” means pedestrians and vehicles, singly or together, using any airport area.</text> </paragraph> <paragraph num="(5)"> <text>“Traffic control officer” means an Administration employee authorized to issue a citation under these regulations and Transportation Article, §5-212.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Employee Qualifications and Training."> <paragraph num="A."> <text>Character.</text> <paragraph num="(1)"> <text>A traffic control officer shall successfully pass a preemployment background investigation and may not have been convicted of a felony.</text> </paragraph> <paragraph num="(2)"> <text>A traffic control officer who fails to maintain a good character shall be relieved immediately of the authority to issue citations under these regulations and Transportation Article, §5-212.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Experience and Education. A traffic control officer shall:</text> <paragraph num="(1)"> <text>Have a minimum of 1 year of experience as a security officer or in a closely related field; and</text> </paragraph> <paragraph num="(2)"> <text>Possess a high school diploma or a State equivalence certificate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Training.</text> <paragraph num="(1)"> <text>An individual designated as a traffic control officer shall be trained in:</text> <paragraph num="(a)"> <text>All provisions of COMAR 11.03.01 and 11.03.02 relating to traffic control and traffic regulations;</text> </paragraph> <paragraph num="(b)"> <text>The preparation of citations;</text> </paragraph> <paragraph num="(c)"> <text>The areas of customer service, conflict resolution, Airport operations, and organization; and</text> </paragraph> <paragraph num="(d)"> <text>Courtroom procedures, including courtroom demeanor and case presentation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The training shall consist of a minimum of 12 hours covering the subject areas in §C(1) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Performance Standards for Traffic Control Officers."> <text>A traffic control officer shall:</text> <paragraph num="A."> <text>Act in a manner to bring credit both to the position of traffic control officer and the Administration;</text> </paragraph> <paragraph num="B."> <text>Act in a reasonable manner so as to avoid any confrontation which may lead to personal injury or embarrassment to the Administration;</text> </paragraph> <paragraph num="C."> <text>Keep abreast of changes to aspects of the law, regulations, and policies which impact on the traffic control officer's duties;</text> </paragraph> <paragraph num="D."> <text>Strictly adhere to and enforce the Airport's security plan;</text> </paragraph> <paragraph num="E."> <text>Assist law enforcement officers when requested in security matters so as to ensure the safety of the public, employees, and airport property;</text> </paragraph> <paragraph num="F."> <text>Safeguard, maintain, and clean all equipment, uniforms, and accessories which are issued;</text> </paragraph> <paragraph num="G."> <text>Be considered in a sensitive classification and be subject to the substance abuse policy of the Administration; and</text> </paragraph> <paragraph num="H."> <text>Observe all State laws and personnel policies and regulations applicable to Administration employees.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§5-212.1 and 5-426, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 21, 1992 (19:25 Md. R. 2206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="State Highway Administration"> <chapter num="01" heading="Permits for Oversize and Overweight Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Axle weight” has the meaning stated in Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Excessive size” means an overall dimension of 16 feet or more in height, 16 feet or more in width, or 100 feet or more in length.</text> </paragraph> <paragraph num="(4)"> <text>“Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).</text> </paragraph> <paragraph num="(5)"> <text>“Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6-1)"> <text>“Permittee” means the person or entity to whom a permit is issued by the Unit and includes the person who is operating a vehicle under authority of that permit.</text> </paragraph> <paragraph num="(7)"> <text>“Special mobile equipment” means a vehicle that is not used primarily for highway transportation of people or property and is operated or moved on a highway only as an incident to its nonhighway use.</text> </paragraph> <paragraph num="(8)"> <text>“Special vehicle” means a vehicle of special design which cannot comply with Maryland size or weight limits or qualify as special mobile equipment. The special vehicle may carry equipment for its designed purpose.</text> </paragraph> <paragraph num="(9)"> <text>“Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, State Highway Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Unit Authority."> <text>The Unit has the authority to issue permits for oversize and overweight vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Permits Available."> <paragraph num="A."> <text>There are seven types of permits which may allow oversize or overweight vehicles to move on State highways.</text> </paragraph> <paragraph num="B."> <text>A person may move special mobile equipment or a vehicle where the load or vehicle or both are oversize or overweight on State highways, under one of the following types of permits:</text> <paragraph num="(1)"> <text>Blanket hauling permit;</text> </paragraph> <paragraph num="(2)"> <text>Book permit (issued in books of ten);</text> </paragraph> <paragraph num="(3)"> <text>Containerized cargo permit;</text> </paragraph> <paragraph num="(4)"> <text>Special hauling permit;</text> </paragraph> <paragraph num="(5)"> <text>Special vehicle permit;</text> </paragraph> <paragraph num="(6)"> <text>Exceptional hauling permit; and</text> </paragraph> <paragraph num="(7)"> <text>Heavy Weight Port Corridor permit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A person may move a special vehicle under a special vehicle permit only.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Blanket Hauling Permit."> <paragraph num="A."> <text>Except as provided for in §E of this regulation, a blanket hauling permit may not be issued or used when a load can be dismantled or disassembled in such a way that moves can be made within the size and weight limits imposed by the laws of Maryland.</text> </paragraph> <paragraph num="B."> <text>A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.</text> </paragraph> <paragraph num="C."> <text>Size.</text> <paragraph num="(1)"> <text>A blanket hauling permit may be issued for a single oversize vehicle with overall dimensions which may not exceed 75 feet in length, 12 feet in width, or 14 feet in height.</text> </paragraph> <paragraph num="(2)"> <text>The oversize vehicle shall be either:</text> <paragraph num="(a)"> <text>Special mobile equipment as defined in Transportation Article, §11-159, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A vehicle properly registered and carrying an oversize load or traveling empty to or from carrying an oversize load.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Weight of Special Mobile Equipment.</text> <paragraph num="(1)"> <text>A blanket hauling permit may be issued for a single overweight vehicle which is special mobile equipment.</text> </paragraph> <paragraph num="(2)"> <text>The overweight special mobile equipment may not exceed:</text> <paragraph num="(a)"> <text>A gross vehicle weight of 45 tons (90,000 pounds) including all tolerances; and</text> </paragraph> <paragraph num="(b)"> <text>A single axle weight of 27,000 pounds.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Repealed.</text> </paragraph> <paragraph num="F."> <text>Repealed.</text> </paragraph> <paragraph num="G."> <text>Procedures.</text> <paragraph num="(1)"> <text>To obtain a blanket hauling permit, the applicant shall submit an originally signed completed application on a form and in a manner prescribed by the Unit to the Hauling Permits Unit, Motor Carrier Division, Office of Traffic and Safety, State Highway Administration, 7491 Connelly Drive, Hanover, Maryland 21076.</text> </paragraph> <paragraph num="(2)"> <text>The application shall include the:</text> <paragraph num="(a)"> <text>Name of the applicant;</text> </paragraph> <paragraph num="(b)"> <text>Address and telephone number of the applicant;</text> </paragraph> <paragraph num="(c)"> <text>Name of a contact person;</text> </paragraph> <paragraph num="(d)"> <text>Name of the applicant's insurance company;</text> </paragraph> <paragraph num="(e)"> <text>Make, year, model, license tag number, and state of issuance of the license tag;</text> </paragraph> <paragraph num="(f)"> <text>Manufacturer's gross vehicle weight rating of the vehicle; and</text> </paragraph> <paragraph num="(g)"> <text>Requested starting date of the permit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In addition to other information required by §G(2) of this regulation, applications for self-propelled special mobile equipment shall include a serial number, identification number, or other similar information specifically identifying the unit of special mobile equipment for which the permit is requested.</text> </paragraph> <paragraph num="(4)"> <text>Except for permits issued under §§E and F of this regulation, the Unit may issue a blanket hauling permit that is valid for 30 days or for 1 year.</text> </paragraph> <paragraph num="(5)"> <text>The Unit shall complete all blanks on the face of a blanket hauling permit before issuing the permit.</text> </paragraph> <paragraph num="(6)"> <text>The permittee or user of a blanket hauling permit shall carry the original (not a copy) of the permit on the vehicle for which it was issued when moving the vehicle on a highway in the State.</text> </paragraph> <paragraph num="(7)"> <text>A person may move a vehicle for which a blanket hauling permit has been issued on any highway under the jurisdiction of the Administration, during the period for which the permit is effective, without reporting any move to the Administration.</text> </paragraph> <paragraph num="(8)"> <text>The person may not move a vehicle across a bridge when the gross vehicle weight or axle weight exceeds posted bridge limitations.</text> </paragraph> <paragraph num="(9)"> <text>A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Book Permits."> <paragraph num="A."> <text>The Unit may issue books of permits. Each book contains ten single trip book permits.</text> </paragraph> <paragraph num="B."> <text>A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.</text> </paragraph> <paragraph num="C."> <text>One book permit shall be used for each movement of a qualified vehicle between the points and over the route designated on the permit. It also authorizes the return of an empty oversize vehicle to its starting place if the empty vehicle does not exceed the weight limits imposed by the laws of Maryland.</text> </paragraph> <paragraph num="D."> <text>Qualifications.</text> <paragraph num="(1)"> <text>A vehicle and its load or special mobile equipment may not exceed:</text> <paragraph num="(a)"> <text>A gross vehicle weight of 45 tons (90,000 pounds);</text> </paragraph> <paragraph num="(b)"> <text>Overall dimensions of 85 feet in length, 13 feet in width, or 15 feet in height; and</text> </paragraph> <paragraph num="(c)"> <text>A single axle weight of 27,000 pounds.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A vehicle traveling under a book permit shall be:</text> <paragraph num="(a)"> <text>Properly registered in Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Special mobile equipment displaying a special mobile equipment plate issued by the Motor Vehicle Administration of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="(1)"> <text>Before any movement may be made under any book permit, the permittee shall complete each of the following steps:</text> <paragraph num="(a)"> <text>Advise the Unit of the date on which the permittee or another user authorized by the permittee proposes to move the vehicle and the specific route the permittee or the other user proposes to take;</text> </paragraph> <paragraph num="(b)"> <text>Obtain approval of the date and route and a route verification number from the Unit; and</text> </paragraph> <paragraph num="(c)"> <text>Enter the period of validity of the permit, the approved route, and the route verification number on the original and permittee's copy of the permit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The permittee or other user of a book permit shall carry the original (not a copy) of the permit on the vehicle. The permittee shall keep a copy of the book permit among his records until every permit in the book has been used.</text> </paragraph> <paragraph num="(3)"> <text>The Unit may not issue additional books of permits to a permittee if the records of the Unit show that the permittee has outstanding and unused more than two books of permits.</text> </paragraph> <paragraph num="(4)"> <text>A book of permits is valid for 2 years from its date of issuance.</text> </paragraph> <paragraph num="(5)"> <text>A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.</text> </paragraph> <paragraph num="(6)"> <text>A permittee shall notify the appropriate Maryland Transportation Authority facility at least 1 hour before using the facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Containerized Cargo Permit."> <paragraph num="A."> <text>A containerized cargo permit allows for the movement of an indivisible load of containerized cargo and is only valid for movement to or egress from the Port of Baltimore. Special hauling permits are available for movement to or egress from other international ports.</text> </paragraph> <paragraph num="B."> <text>Determination of an Indivisible Load. A truck tractor-semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a sealed, seagoing container on a semitrailer is deemed to be carrying an indivisible load if:</text> <paragraph num="(1)"> <text>The vehicle does not exceed the following maximum axle and gross vehicle weight limits:</text> <paragraph num="(a)"> <text>22,400 pounds on a single axle;</text> </paragraph> <paragraph num="(b)"> <text>44,000 pounds on two consecutive axles at least 4 feet apart; or</text> </paragraph> <paragraph num="(c)"> <text>90,000 pounds gross vehicle weight;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The maximum allowable gross vehicle weight on a 20-foot container is:</text> <paragraph num="(a)"> <text>80,000 pounds if loaded on a 20-foot intermodal chassis; and</text> </paragraph> <paragraph num="(b)"> <text>90,000 pounds if loaded on a 40-foot intermodal chassis; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The maximum allowable gross vehicle weight on a 40-foot container is 90,000 pounds.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Containerized cargo permits are valid for 1 year.</text> </paragraph> <paragraph num="D."> <text>A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Special Hauling Permit."> <paragraph num="A."> <text>Authority to Issue. The Unit may issue a special hauling permit for a single movement of special mobile equipment or a vehicle where the load or vehicle or both are oversize or overweight.</text> </paragraph> <paragraph num="B."> <text>A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.</text> </paragraph> <paragraph num="C."> <text>Application.</text> <paragraph num="(1)"> <text>To obtain a special hauling permit, the applicant shall submit an originally signed written application, facsimile, or electronic copy of the application on a form and in a manner prescribed by the Unit when the:</text> <paragraph num="(a)"> <text>Gross vehicle weight exceeds 40 tons (80,000) pounds); or</text> </paragraph> <paragraph num="(b)"> <text>Overall dimensions exceed 85 feet in length, 15 feet 6 inches in height, or 13 feet 11 inches in width.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The applicant shall also comply with the specific conditions under COMAR 11.04.03.02 to obtain a special hauling permit for moves which involve excessive weight or excessive size as defined in COMAR 11.04.03.01.</text> </paragraph> <paragraph num="(3)"> <text>The Unit may otherwise accept an application by telephone.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A special hauling permit authorizes the permit vehicle to make a single one-way trip between the points and over the route designated on the permit. It also authorizes the return of an empty oversize vehicle to its starting place if the empty vehicle does not exceed the weight limits imposed by the Maryland Vehicle Law.</text> </paragraph> <paragraph num="E."> <text>Carrying Permit or Substitute on Vehicle.</text> <paragraph num="(1)"> <text>Multiple Page Permit.</text> <paragraph num="(a)"> <text>The Unit shall label each page of a multiple page permit to show the page number and total number of pages.</text> </paragraph> <paragraph num="(b)"> <text>The original or clearly legible approved substitute of a multiple page permit shall be carried in the permit vehicle.</text> </paragraph> <paragraph num="(c)"> <text>A telegram or computer generated copy is an approved substitute for a multiple page permit if the format in which the permit information appears has been approved by the Unit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Single Page Permit.</text> <paragraph num="(a)"> <text>The permittee of a special hauling permit shall carry the original of the permit or clearly legible approved substitute in the permit vehicle.</text> </paragraph> <paragraph num="(b)"> <text>A facsimile copy of a special hauling permit is an approved substitute if all of the information on the permit is legible.</text> </paragraph> <paragraph num="(c)"> <text>A telegram or computer generated copy is an approved substitute for a permit if the format in which the permit information appears has been approved by the Unit.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Extension of Time for Move.</text> <paragraph num="(1)"> <text>If the move for which a special hauling permit is issued will be delayed to a time beyond the original expiration date of the permit, the permit may be extended once for a period of 5 consecutive days, not including Sundays or holidays when no move is allowed, upon payment of the prescribed fee.</text> </paragraph> <paragraph num="(2)"> <text>The permittee shall request the extension before the original permit period expires.</text> </paragraph> <paragraph num="(3)"> <text>The 5-day extension period shall begin immediately upon expiration of the original permit period.</text> </paragraph> </paragraph> <paragraph num="G."> <text>If, after issuance, a special hauling permit is not used in the designated period or extension period, it is no longer valid. The Unit may not routinely cancel and issue a credit for the permit. The Unit shall consider requests for cancellation of the permit only in instances when extreme weather conditions prevent moves in Maryland, or when extraordinary circumstances exist preventing the move (e.g. emergency highway closure for repairs or extended crash investigation, police escort diverted—move canceled, etc.) as approved by the Chief, Motor Carrier Division.</text> </paragraph> <paragraph num="H."> <text>A Permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Special Vehicle Permit."> <paragraph num="A."> <text>Controlled Movement.</text> <paragraph num="(1)"> <text>In exceptional cases, the Unit may issue a special vehicle permit for the controlled movement of a special vehicle.</text> </paragraph> <paragraph num="(2)"> <text>A special vehicle permit authorizes the vehicle to make a single one-way trip between the points of origin and destination specified, and only over those routes designated on the permit.</text> </paragraph> <paragraph num="(3)"> <text>Special vehicle permits may not allow the regular or continuous movement of a special vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.</text> </paragraph> <paragraph num="C."> <text>A special vehicle shall display a valid registration plate issued by its state of origin. If the special vehicle is of a type not subject to registration, the special vehicle shall be identified by its vehicle identification number (V.I.N) or other unique number, as approved by the Unit.</text> </paragraph> <paragraph num="D."> <text>To obtain a special vehicle permit, the applicant shall submit the originally signed written application, facsimile, or electronic copy of the application on a form and in the manner prescribed by the Unit with:</text> <paragraph num="(1)"> <text>A complete description of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of the purpose for traveling highways in the State; and</text> </paragraph> <paragraph num="(3)"> <text>Any other information considered necessary by the Unit.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures and limitations for special vehicle permits, unless otherwise noted, will follow the procedures and limitations established for special hauling permits under COMAR 11.04.01—11.04.04.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fees."> <paragraph num="A."> <text>Blanket Hauling Permits. The fees for blanket hauling permits are:</text> <paragraph num="(1)"> <text>30-day blanket permit — $50;</text> </paragraph> <paragraph num="(2)"> <text>Annual blanket permit — $500.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Book Permits.</text> <paragraph num="(1)"> <text>The fee for a book of ten single trip book permits is $300.</text> </paragraph> <paragraph num="(2)"> <text>If a book permit is unused and has not been completed or detached from the book, the permittee may return the book before its expiration date with the original and permittee's copies of the permit to the Unit, and the Unit may give a refund or credit, except when §B(3) of this regulation applies.</text> </paragraph> <paragraph num="(3)"> <text>If the Unit has approved the use of a book permit for a move over a designated route, the move shall be considered completed and the Unit may not make changes on or give a refund or credit for the single trip permit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Special Hauling Permits. The fees for special hauling permits and special vehicle permits are as follows:</text> <paragraph num="(1)"> <text>The base fees for oversize and overweight are:</text> <paragraph num="(a)"> <text>Thirty dollars for the first 40 tons or less of gross weight; and</text> </paragraph> <paragraph num="(b)"> <text>Five dollars for each additional ton or part of a ton in excess of 40 tons.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>There are additional fees associated with permits for excessive size and excessive weight as described in §§D—I of this regulation.</text> </paragraph> <paragraph num="(3)"> <text>The fee for extension of a special hauling permit or special vehicle permit is $5.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Engineering Structural Review.</text> <paragraph num="(1)"> <text>For each application submitted for gross weights exceeding 60 tons, there is a fee for engineering structural review as provided in this section.</text> </paragraph> <paragraph num="(2)"> <text>For an engineering structural review, the number of analyzed and reviewed structures to be crossed, as determined by the Administration's bridge engineers, shall be multiplied by $8.</text> </paragraph> <paragraph num="(3)"> <text>For an engineering structural review requiring escort by the Administration's bridge engineers, the number of analyzed and reviewed structures to be crossed shall be multiplied by $20 for the initial move. For additional moves that follow the same route and are identical in vehicle load that are requested on the original application, the escort fee shall be $12 for each analyzed and reviewed structure crossed.</text> </paragraph> <paragraph num="(4)"> <text>A permit is not valid for more than 6 months from the date of the engineering structural review on which it is issued.</text> </paragraph> <paragraph num="(5)"> <text>For repeat moves that are identical as to vehicle, load, and route and that are requested on the original application, the engineering review may be valid for up to 6 months from the engineering structural review on which it is issued, without the need for additional engineering structural reviews or assessments of fees, if, within that 6-month period, there is no change in:</text> <paragraph num="(a)"> <text>The condition of any structure on the approved route; or</text> </paragraph> <paragraph num="(b)"> <text>Vehicle, load, or route from the specifications which are designated on the original application.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Change in Structure Condition. If a change in the condition of any structure on the approved route occurs during that 6-month period, a new engineering structural review shall be performed on the structure or structures which have so changed, and the Unit shall assess the per bridge fee as set forth in §D(2) or (3) of this regulation.</text> </paragraph> <paragraph num="(7)"> <text>Change in Vehicle, Load, or Route.</text> <paragraph num="(a)"> <text>If a change in the vehicle, load, or route specified on the original application occurs during that 6-month period, the permittee shall submit a new application, and a new engineering structural review shall be performed, for which the Unit shall assess the applicable fee.</text> </paragraph> <paragraph num="(b)"> <text>A new application is considered an original application and, if it covers repeat moves, may be valid for up to 6 months from the date of the engineering structural review on which it is issued, subject to the provisions of §D(5) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>An Administration district engineer may require a special permit move to be monitored by Administration personnel to promote compliance with permit provisions, to observe and report damage to State highways, and to summon assistance if necessary. The daily fee for monitoring by Administration personnel is $200.</text> </paragraph> <paragraph num="F."> <text>Except for permits requiring unique or unusual considerations as may be determined by the Maryland State Police, the fee for a single escort by off-duty Maryland State Police officers is based upon the reasonable expenses incurred, as established by a schedule maintained by the Unit. These expenses include, but are not limited to, the maintenance and use of Maryland State Police vehicles and the overtime rate of Maryland State Police personnel.</text> </paragraph> <paragraph num="G."> <text>The fees for an engineering structural review, monitoring by Administration personnel, and escorting by police will be added to the permit fee at the time of issuance. Regardless of whether a permit is actually issued, the fee for engineering review will be assessed.</text> </paragraph> <paragraph num="H."> <text>The Unit may assess and collect, on behalf of the Maryland Transportation Authority, fees imposed by the Authority for permit moves on or across property owned by the Authority.</text> </paragraph> <paragraph num="H-1."> <text>The Unit may assess and collect, on behalf of the City of Baltimore, fees imposed by the City for permit moves on or across roadways under the jurisdiction of the City in relation to the issuance of a joint permit to accommodate moves associated with the Port of Baltimore.</text> </paragraph> <paragraph num="H-2."> <text>Refunds or Credits.</text> <paragraph num="(1)"> <text>The Unit may issue an appropriate refund or credit if:</text> <paragraph num="(a)"> <text>An Administration district engineer withdraws a monitoring requirement;</text> </paragraph> <paragraph num="(b)"> <text>The police escort, upon determining that the permit move can proceed with reasonable safety, responds to an activity that takes priority over the escort;</text> </paragraph> <paragraph num="(c)"> <text>A charge added to the permit for a district engineer escort, police escort, or other related service was not performed; or</text> </paragraph> <paragraph num="(d)"> <text>A charge was found to be in error as determined by the Chief, Motor Carrier Division.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Refunds or credits made to a permittee's account shall be deducted from any fund transfer the Unit makes to an allied agency that was the subject of the refund or credit for a service not provided or charge made in error.</text> </paragraph> <paragraph num="(3)"> <text>Any fee or charge that is contested shall be in writing and submitted within 30 days of issuance of the permit by the Unit. The Chief, Motor Carrier Division will review the contested fee or charge and render a decision within 30 calendar days following receipt of the complaint. The decision of the Chief, Motor Carrier Division is final.</text> </paragraph> <paragraph num="(4)"> <text>Refunds for exceptional hauling permits are strictly prohibited.</text> </paragraph> </paragraph> <paragraph num="I."> <text>There will be no permit fee charged to Maryland State agencies and local government jurisdictions, or to federal agencies. However, fees will be charged for engineering reviews and monitoring.</text> </paragraph> <paragraph num="J."> <text>Additional fees may be assessed by other jurisdictions affected by the permitted routes.</text> </paragraph> <paragraph num="K."> <text>Time of Payment.</text> <paragraph num="(1)"> <text>The permittee or applicant shall pay the total of all fees for any permit at the time of issuance by certified check, money order, or approved credit card unless a satisfactory credit bond or escrow account is on file with the Unit. The Unit may not accept cash.</text> </paragraph> <paragraph num="(2)"> <text>If the permittee or applicant has filed a credit bond with the Unit guaranteeing timely payment of all fees incurred, and if the Unit has approved the credit bond as to form, security, and amount, the Unit may bill the permittee or applicant for the permits issued during 1 or more preceding months. Escrow accounts are not guaranteed by an independent insurer and shall be valid only for the amount currently available in that account.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Denial of Permit."> <paragraph num="A."> <text>The Unit may not issue a permit or authorize use of a book permit, if it determines that the proposed movement would constitute an unreasonable hazard to other highway traffic or be unreasonably detrimental to highway surfaces or structures.</text> </paragraph> <paragraph num="B."> <text>The Unit may not issue a blanket hauling permit or a special hauling permit, or authorize use of a book permit, if the vehicle and its load can be dismantled or disassembled or hauled in such a way that moves can be made within the size and weight limits imposed by the laws of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Unit may not issue a special hauling permit for the movement of any overweight vehicle unless the vehicle:</text> <paragraph num="(1)"> <text>Has five axles or more and is registered for at least the maximum gross weight in its State of registration; or</text> </paragraph> <paragraph num="(2)"> <text>Is special mobile equipment.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Unit may not authorize the use of a book permit for movement of any overweight vehicle unless the vehicle:</text> <paragraph num="(1)"> <text>Has five axles or more and is registered in Maryland for the maximum allowable gross weight; or</text> </paragraph> <paragraph num="(2)"> <text>Is registered as special mobile equipment in Maryland and displays special mobile equipment plates issued by the Motor Vehicle Administration of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Unit may not issue a special vehicle permit when the:</text> <paragraph num="(1)"> <text>Special vehicle reasonably can be disassembled to comply with the size and weight limits of Maryland law; or</text> </paragraph> <paragraph num="(2)"> <text>Permit movement would constitute the regular and continuous movement of a special vehicle.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Unit may not issue an exceptional hauling permit unless the vehicle:</text> <paragraph num="(1)"> <text>Is a combination of vehicles that has six or more axles; and</text> </paragraph> <paragraph num="(2)"> <text>Has a minimum front to rear centerline axle spacing of not less than 50 feet.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Suspension and Revocation of Hauling Permits."> <paragraph num="A."> <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, two times within any 6-month period, the Unit may suspend for 30 days the use of any hauling permit requested by or issued to the permittee and outstanding.</text> </paragraph> <paragraph num="B."> <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, three times within any 12-month period, the Unit may suspend for up to 90 days the use of any hauling permit requested by or issued to the permittee and outstanding.</text> </paragraph> <paragraph num="C."> <text>If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, more than three times within any 12-month period, the Unit may suspend for up to 120 days the use of a special hauling permit, and may revoke permanently any blanket hauling permit or any book permit issued to the permittee and outstanding.</text> </paragraph> <paragraph num="D."> <text>A permittee, whose blanket hauling permit or book permit has been suspended or revoked, may apply for a special hauling permit. The Unit will consider the request, but the determination on whether to issue a permit will be based on a case by case basis.</text> </paragraph> <paragraph num="D-1."> <text>If a permittee violates the weight restrictions of an exceptional hauling permit that exceeds 5,000 pounds and the permit is confiscated, on notification of the confiscation, the Unit shall:</text> <paragraph num="(1)"> <text>Review the circumstances of the confiscation;</text> </paragraph> <paragraph num="(2)"> <text>Verify that a weight violation did occur; and</text> </paragraph> <paragraph num="(3)"> <text>Revoke the permit if the weight violation exceeds the allowable permit weight by more than 5,000 pounds.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Unit determines initially all violations of the regulations under COMAR 11.04.01—11.04.04 or the terms of any permit.</text> </paragraph> <paragraph num="(2)"> <text>If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, the period of suspension or revocation, and the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="(3)"> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the timeframe specified will be accepted.</text> </paragraph> <paragraph num="(4)"> <text>If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.</text> </paragraph> <paragraph num="(5)"> <text>After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the findings of the Unit.</text> </paragraph> <paragraph num="(6)"> <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="False Statement in Permit Application."> <paragraph num="A."> <text>If an application for a permit for movement of an oversize or overweight vehicle contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.</text> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of that suspension as provided in COMAR 11.04.01.10, and the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="(2)"> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the time frame specified will be accepted.</text> </paragraph> <paragraph num="(3)"> <text>If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.</text> </paragraph> <paragraph num="(4)"> <text>After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the decision of the Unit.</text> </paragraph> <paragraph num="(5)"> <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Exceptional Hauling Permits."> <text>The State Highway Administration may issue an exceptional hauling permit in accordance with Transportation Article, §24-113.2, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Heavy Weight Port Corridor Permits."> <text>The State Highway Administration may issue a Heavy Weight Port Corridor permit in accordance with Transportation Article, §24-113.3, Annotated Code of Maryland, and COMAR 11.04.17.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 20, 1975 (2:10 Md. R. 752)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.04 to 11.04.01</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 22, 2010 (37:6 Md. R. 478)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)</annotation> </annotations> </chapter> <chapter num="02" heading="General Conditions for Movement of Oversize and Overweight Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(1-1)"> <text>“Authority” means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(1-2)"> <text>“Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Certified weights” means vehicle or axle weights that have been weighted on scales approved or accepted by the Commercial Vehicle Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="(3)"> <text>Construction Equipment.</text> <paragraph num="(a)"> <text>“Construction equipment” means equipment used to build, repair, replace, or maintain structures, transportation facilities, or infrastructure.</text> </paragraph> <paragraph num="(b)"> <text>“Construction equipment” includes, but is not limited to:</text> <paragraph num="(i)"> <text>Demolition;</text> </paragraph> <paragraph num="(ii)"> <text>Excavation;</text> </paragraph> <paragraph num="(iii)"> <text>Grading;</text> </paragraph> <paragraph num="(iv)"> <text>Digging;</text> </paragraph> <paragraph num="(v)"> <text>Stockpiling;</text> </paragraph> <paragraph num="(vi)"> <text>Erection; or</text> </paragraph> <paragraph num="(vii)"> <text>Placement of materials or supplies.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Heavy Machinery.</text> <paragraph num="(a)"> <text>“Heavy machinery” means large stationery machinery transported on tractor-trailer combination vehicles.</text> </paragraph> <paragraph num="(b)"> <text>“Heavy machinery” includes, but is not limited to:</text> <paragraph num="(i)"> <text>Armored tanks;</text> </paragraph> <paragraph num="(ii)"> <text>Transformers;</text> </paragraph> <paragraph num="(iii)"> <text>Vessel tanks;</text> </paragraph> <paragraph num="(iv)"> <text>Girders;</text> </paragraph> <paragraph num="(v)"> <text>Compressors; and</text> </paragraph> <paragraph num="(vi)"> <text>Rotors.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Irreducible” means a vehicle configuration exceeding applicable size or weight limits which, if separated into smaller loads, would:</text> <paragraph num="(a)"> <text>Compromise the intended use of the vehicle, for example, make it unable to perform the function for which it was intended;</text> </paragraph> <paragraph num="(b)"> <text>Destroy the value of the load or vehicle, for example, make it unusable for its intended purpose; or</text> </paragraph> <paragraph num="(c)"> <text>Require more than 8 manhours to dismantle, using appropriate equipment.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Self-propelled vehicle” means a single unit vehicle containing the means for its own propulsion within itself.</text> </paragraph> <paragraph num="(9)"> <text>“Spacing” means the distance measured lengthwise and horizontally between axle center lines or the center lines of exterior axles within a group.</text> </paragraph> <paragraph num="(10)"> <text>“Special mobile equipment” means a vehicle that is not used primarily for highway transportation of people or property and is operated or moved on a highway only as an incident to its nonhighway use.</text> </paragraph> <paragraph num="(11)"> <text>“Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, within the State Highway Administration, and is the Unit that issues permits for oversize and overweight vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Miscellaneous Conditions."> <paragraph num="A."> <text>The conditions set forth in §§B—K of this regulation apply to each permit for an oversize or overweight vehicle.</text> </paragraph> <paragraph num="B."> <text>Compliance.</text> <paragraph num="(1)"> <text>While making a move under the authority of any permit, the permittee or user shall comply with the vehicle laws of Maryland (except those general size and weight limits from which the permit authorizes departure), the regulations under COMAR 11.04.01—11.04.04, conditions, both general and specific, attached to the permit, and all updates posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com.</text> </paragraph> <paragraph num="(2)"> <text>Notwithstanding any other provision of COMAR and absent an emergency declaration by the Governor, the Director, Office of Traffic and Safety may request and the Administrator may grant, reasonable exceptions of limited scope and duration to these conditions and any other requirements considered appropriate for reasons of public safety including, but not limited to, disaster relief outside the State and emergency response throughout the State.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Failure to Comply.</text> <paragraph num="(1)"> <text>Failure to comply with weight or dimension limits, or with other provisions (including restrictions, conditions, and notes) stated specifically in a permit or updates posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com, renders the permit subject to immediate revocation and confiscation by any officer or authorized civilian employee of the Maryland State Police, any officer of the Maryland Transportation Authority Police, or any other police officer.</text> </paragraph> <paragraph num="(2)"> <text>If a permit is revoked for failure to comply with weight or size limitations, the permittee or user of the permitted vehicle shall be cited for the weight in excess of the permitted weight and for size in excess of the permitted size.</text> </paragraph> <paragraph num="(2-1)"> <text>If the weight violation exceeds the allowable permit weight by more than 5,000 pounds, the permitted vehicle shall be subject to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2-2)"> <text>A weight violation of an exceptional hauling permit, voids the permit and the permitted vehicle shall be subject to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>A permitted vehicle may not go off the route specified on the permit by more than 1 mile to rest or to secure food, fuel, or repairs. Failure to comply subjects the permitted vehicle to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>If a permittee or user is cited only for permit violations, the citing officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or other police officer may confiscate the permit.</text> </paragraph> <paragraph num="(5)"> <text>If a permit is revoked or confiscated, the permittee shall apply for a new permit.</text> </paragraph> <paragraph num="(6)"> <text>If a permit is revoked for failure to comply, the permittee shall obtain a new permit before moving the vehicle on any highway in the State.</text> </paragraph> <paragraph num="(7)"> <text>An officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or another police officer who confiscates a permit shall immediately notify the Unit and return the confiscated permit to the Unit after it has been used as evidence in any law enforcement proceedings brought against the permittee or user.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The permit carried in a vehicle is open for inspection by, and the permittee or user shall exhibit it upon request to, any State, county, municipal, or other public official, including any officer or civilian employee of the Maryland State Police, any employee of the Maryland Transportation Authority, and any employee of the Administration, or to any person involved in an accident with that vehicle.</text> </paragraph> <paragraph num="E."> <text>The permittee shall reduce each vehicle and load which together are overweight of as much excess weight as possible and each vehicle and load which together are oversized as much as possible, unless the vehicle or load is irreducible.</text> </paragraph> <paragraph num="F."> <text>The applicant for an irreducible load permit has the burden of proof as to the number of hours required to dismantle the load. Irreducible is defined in Regulation .01B(5) of this chapter.</text> </paragraph> <paragraph num="G."> <text>The Unit may issue a permit without an engineering structural review to a vehicle which weighs more than 80,000 pounds, but which does not exceed 120,000 pounds.</text> </paragraph> <paragraph num="H."> <text>The Unit may require an applicant to provide certified weight measurements.</text> </paragraph> <paragraph num="I."> <text>The permit does not authorize, and the permittee may not carry, a load which exceeds the tire manufacturer's weight rating.</text> </paragraph> <paragraph num="J."> <text>Combination Vehicles.</text> <paragraph num="(1)"> <text>Size.</text> <paragraph num="(a)"> <text>Width of Load. Vehicles with buckets, blades, scoops, or other attachments over 12 feet wide measured perpendicular to the vehicle's longitudinal center line shall have the buckets, blades, scoops, or other attachments removed and transported on another vehicle.</text> </paragraph> <paragraph num="(b)"> <text>Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Weight.</text> <paragraph num="(a)"> <text>Heavy Machinery. A permittee of a vehicle with a load of heavy machinery shall comply with the requirements of §E of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>The Unit may not issue a permit authorizing a permittee to carry more than 27,000 pounds on any one axle of the permit vehicle except under the specific exceptions set forth in §J(3) of this regulation.</text> </paragraph> <paragraph num="(c)"> <text>An overweight combination vehicle using a semitrailer and manufactured and purchased after October 31, 1997, shall comply with the 27,000 pound per axle maximum load limit.</text> </paragraph> <paragraph num="(d)"> <text>The Unit may issue a permit to a vehicle or a vehicle and load weighing more than 150,000 pounds only after a valid engineering structural review.</text> </paragraph> <paragraph num="(e)"> <text>The Unit may issue a permit without an engineering structural review to a vehicle which weighs more than 120,000 pounds, but which does not exceed 150,000 pounds, if the Unit determines that the vehicle will travel only on roadways for which a review is not required and the applicant has reduced the vehicle load or increased the number of axles on the vehicle tractor or semitrailer, or on both, to bring the vehicle within the following per-axle weight limits and axle spacing requirements:</text> <paragraph num="(i)"> <text>Steering axle—20,000 pounds;</text> </paragraph> <paragraph num="(ii)"> <text>Single axle (axle spacing over 8 feet)—27,000 pounds;</text> </paragraph> <paragraph num="(iii)"> <text>Two (tandem) axles (axle spacing 4—8 feet)—26,000 pounds per axle;</text> </paragraph> <paragraph num="(iv)"> <text>Three (tri) axles (axle spacing 8—16 feet)—21,000 pounds per axle;</text> </paragraph> <paragraph num="(v)"> <text>Four or more axles (minimum axle spacing 4 feet)—18,000 pounds per axle;</text> </paragraph> <paragraph num="(vi)"> <text>Minimum inner bridge axle spacing is 30 feet.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>Exceptions.</text> <paragraph num="(a)"> <text>An overweight combination vehicle using a semitrailer and registered, manufactured, or in the inventory of a licensed dealer on or before October 31, 1997, and sold before June 30, 1998, shall comply with the 27,000 pounds per axle maximum load limit after June 30, 2012.</text> </paragraph> <paragraph num="(b)"> <text>An existing overweight combination vehicle using a semitrailer may continue to be operated with axle loads not exceeding 30,000 pounds until October 31, 2012, if it complies with the permit regulations in effect on January 1, 1997, and, if the gross vehicle weight exceeds 110,000 pounds (55 tons), pays the fees set forth in COMAR 11.04.01 for any required engineering structural reviews.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Load Reduction—Construction Equipment.</text> <paragraph num="(a)"> <text>A weight of a permitted vehicle of up to and including 27,000 pounds per axle shall be considered as irreducible if the vehicle is in compliance with the requirements of §J of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>A weight of a permitted vehicle over 27,000 pounds and up to 30,000 pounds per axle shall be considered as irreducible if the vehicle is in compliance with the requirements of §J(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Maximum Axle Weight.</text> <paragraph num="(a)"> <text>A vehicle that has reduced the load as much as possible and that has added as many axles as possible, but still is not able to achieve the 27,000 pound maximum axle weight limit, may still qualify for a permit.</text> </paragraph> <paragraph num="(b)"> <text>After the permittee demonstrates that axle weights have been reduced as much as possible, the Administration's Office of Bridge Development shall perform a bridge review and analysis on an individual basis.</text> </paragraph> <paragraph num="(c)"> <text>A combination vehicle seeking this maximum axle weight exception shall have a minimum of 15 axles on the entire combination vehicle, and any axle weighing more than 27,000 pounds shall have a minimum of eight tires and be at least 10 feet wide.</text> </paragraph> <paragraph num="(d)"> <text>An axle on a combination vehicle may not weigh more than 36,000 pounds.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>Self-Propelled Vehicles.</text> <paragraph num="(1)"> <text>Size.</text> <paragraph num="(a)"> <text>Width of Load. Vehicles with buckets, blades, scoops, or other attachments over 12 feet wide measured perpendicular to the vehicle's longitudinal center line shall have the buckets, blades, scoops, or other attachments removed and transported on another vehicle.</text> </paragraph> <paragraph num="(b)"> <text>Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Weight.</text> <paragraph num="(a)"> <text>The Unit may not issue a permit authorizing a permittee to carry more than 27,000 pounds on any one axle of the permit vehicle except under the specific exceptions set forth in §K(3) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>A self-propelled truck crane manufactured and purchased after October 31, 1997, shall comply with the 27,000 pound per axle maximum load limit.</text> </paragraph> <paragraph num="(c)"> <text>A self-propelled vehicle with a gross vehicle weight of 120,000 pounds or less which meets the requirements of this chapter and COMAR 11.04.01, 11.04.03, and 11.04.04 may obtain a permit from the Unit without an engineering structural review by the Administration's Office of Bridge Development.</text> </paragraph> <paragraph num="(d)"> <text>The Unit may issue a permit for a self-propelled crane (hydraulic or lattice boom) with a gross vehicle weight in excess of 120,000 pounds without requiring a bridge review for each move after the Administration's Office of Bridge Development performs an initial special bridge analysis and, as necessary or prudent, subsequent special bridge analyses for each self-propelled truck crane configuration if the:</text> <paragraph num="(i)"> <text>Maryland State Police Commercial Vehicle Enforcement Section has certified the axle weight and axle spacings of the applicant's vehicle before the application is submitted for a bridge analysis; and</text> </paragraph> <paragraph num="(ii)"> <text>Crane configuration has a maximum axle weight of 27,000 pounds, and a minimum of five axles.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>The Unit shall keep a file of approved self-propelled crane configurations and any restrictions for them.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Exceptions—Self-Propelled Truck Cranes (Hydraulic and Lattice Boom).</text> <paragraph num="(a)"> <text>A self-propelled truck crane owned, manufactured, or in the inventory of a licensed dealer on or before October 31, 1997, and sold before October 31, 1998, shall comply with the 27,000 pounds per axle maximum load limit after October 31, 2012.</text> </paragraph> <paragraph num="(b)"> <text>To bring this vehicle into compliance with the 27,000 pound per axle maximum load limit, the use of boom dollies, the addition of booster axles, or other comparable measures are allowed.</text> </paragraph> <paragraph num="(c)"> <text>A self-propelled truck crane may continue to be operated with axle loads not exceeding 30,000 pounds until October 31, 2012, if it complies with the permit regulations in effect on January 1, 1997, and, if the gross vehicle weight exceeds 110,000 pounds (55 tons), pays the fees set forth in COMAR 11.04.01 for any required engineering structural reviews.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Load Reduction.</text> <paragraph num="(a)"> <text>A weight of a permitted vehicle of up to and including 27,000 pounds per axle shall be considered as irreducible.</text> </paragraph> <paragraph num="(b)"> <text>A permittee of a vehicle with a weight over 27,000 pounds and up to 30,000 pounds per axle shall remove counterweights as necessary.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Maximum Axle Weight.</text> <paragraph num="(a)"> <text>A vehicle that has reduced the load as much as possible and that has added as many axles as possible, but still is not able to achieve the 27,000 pound maximum axle weight limit, may still qualify for a permit.</text> </paragraph> <paragraph num="(b)"> <text>After the permittee demonstrates that axle weights have been reduced as much as possible, the Administration's Office of Bridge Development shall perform a bridge review and analysis on an individual basis.</text> </paragraph> <paragraph num="(c)"> <text>A self-propelled vehicle seeking this maximum axle weight exception shall have a minimum of seven axles.</text> </paragraph> <paragraph num="(d)"> <text>An axle on a self-propelled vehicle may not weigh more than 32,000 pounds.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Costs and Damages for Which Permittee is Responsible."> <paragraph num="A."> <text>The permittee is responsible for payment of each of the following items:</text> <paragraph num="(1)"> <text>All damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, or other structure, whether maintained by the Administration or by another;</text> </paragraph> <paragraph num="(2)"> <text>The cost of all telegrams, express mail deliveries, or telephone calls made in connection with the permit;</text> </paragraph> <paragraph num="(3)"> <text>Any additional expense incurred by the Administration in connection with the permit or the move authorized by the permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may repair or correct any damage caused to facilities maintained by it and collect the cost of those repairs or corrections from the permittee. The Administration may agree to allow the permittee to perform the necessary repairs or corrections at the permittee's own expense. Any work performed by the permittee or its agent shall comply with all applicable standards and be satisfactory to the Administration. If the Administration finds the permittee's repairs or corrections unsatisfactory, the Administration may complete the repairs and collect the cost to complete the repairs from the permittee.</text> </paragraph> <paragraph num="C."> <text>The permittee shall be responsible for any injury to persons or damage to public or private property caused directly or indirectly by the transportation of vehicles and loads under permit.</text> </paragraph> <paragraph num="D."> <text>The permittee shall hold the State, its agents, and employees harmless from all suits, claims, damages, or proceedings of any kind, arising as a direct or indirect result of the transportation of vehicles and loads under permit, including the use of any permit vehicle waiting areas provided by the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Safety."> <paragraph num="A."> <text>When moving an oversize or overweight vehicle under the authority of a permit, the permittee or user shall ensure the safety and rights of the public.</text> </paragraph> <paragraph num="B."> <text>Before crossing narrow bridges or traveling on narrow roads with equipment or a load extending over the center line of the road, the permittee or user shall make arrangements in advance, so that adequate flagpersons, escorts, or police are present to warn and direct approaching traffic.</text> </paragraph> <paragraph num="C."> <text>Escort. The Unit, the Maryland State Police, or the Maryland Transportation Authority Police may require the permittee to provide one or more escort vehicles to accompany the oversize or overweight vehicle during its move.</text> </paragraph> <paragraph num="D."> <text>Wide Load or Oversize Load Signs. If the vehicle, together with any load, exceeds 9 feet in width, the permittee shall display wide load or oversize load signs that conform to the specifications under COMAR 11.04.04.01, on the front and rear of the vehicle.</text> </paragraph> <paragraph num="E."> <text>A permit vehicle shall maintain a 1/2 mile distance from another permit vehicle traveling in the same direction. Each permit vehicle with escort shall maintain a 1-mile distance from another escorted permit vehicle traveling in the same direction.</text> </paragraph> <paragraph num="F."> <text>Turn signal flashing warning lamps may be used by the operator of a permit vehicle when the vehicle is traveling 20 miles per hour less than the posted speed limit.</text> </paragraph> <paragraph num="G."> <text>To the greatest extent possible, permittees and users shall limit travel to the shortest practical route using interstate and State routes to reduce travel on secondary and local highways. In the case of exceptional hauling permits, permittees shall limit travel to State routes.</text> </paragraph> <paragraph num="H."> <text>Notwithstanding any other provisions of COMAR 11.04.01—11.04.04, the Administration may include any conditions in a permit that are necessary to protect State highways and bridges or to maintain safety.</text> </paragraph> <paragraph num="I."> <text>Road and Weather Conditions.</text> <paragraph num="(1)"> <text>The use of a permit is subject to favorable road and weather conditions.</text> </paragraph> <paragraph num="(2)"> <text>Travel is not allowed:</text> <paragraph num="(a)"> <text>On any highway when visibility is limited by atmospheric conditions or travel is made hazardous by weather or other conditions;</text> </paragraph> <paragraph num="(b)"> <text>When the surface of the highway is made hazardous by rain, sleet, snow, or ice, or movement is made hazardous by fog, flood, or wind.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a permitted vehicle is moving when inclement weather occurs, the driver shall proceed to a safe place off the roadway and park the vehicle until the weather clears.</text> </paragraph> <paragraph num="(4)"> <text>During inclement weather, police officers may require that the permitted vehicle be parked off the roadway until conditions warrant safe travel.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Warning Flags.</text> <paragraph num="(1)"> <text>During daylight hours, permitted vehicles shall display warning flags which are:</text> <paragraph num="(a)"> <text>Red fluorescent or orange fluorescent;</text> </paragraph> <paragraph num="(b)"> <text>At least 18 inches square; and</text> </paragraph> <paragraph num="(c)"> <text>Securely fastened by at least one corner or securely mounted on a staff.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Two warning flags placed at the widest extremities of the vehicle or load shall be displayed by permitted vehicles or loads which exceed legal width.</text> </paragraph> <paragraph num="(3)"> <text>Warning flags shall be displayed on permitted vehicles or loads which exceed legal length or which have a rear-end overhang in excess of the legal limit. A single flag shall be displayed at the extreme rear if the overlength or projecting portion is 2 feet wide or less. Two flags shall be displayed at each side of the extreme rear in order to indicate maximum width if the overlength or projecting portion is wider than 2 feet.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Warning Lights.</text> <paragraph num="(1)"> <text>Permitted vehicles shall display warning lights if operating at night.</text> </paragraph> <paragraph num="(2)"> <text>Overwidth Loads.</text> <paragraph num="(a)"> <text>For overwidth loads which are uniform in width, amber lights shall be displayed on the forward corners of the load and red lights shall be displayed on the rear corners of the load.</text> </paragraph> <paragraph num="(b)"> <text>For loads which are overwidth for their entire length with a wider portion near the middle of the load, either amber or red lights shall be displayed at the front and rear corners of the load and amber lights shall be displayed on the sides of the load at the widest point.</text> </paragraph> <paragraph num="(c)"> <text>For loads which are not uniform in width with the overwidth portion of the load at the extreme rear of the load, red lights shall be displayed on the side of the load at its widest point.</text> </paragraph> <paragraph num="(d)"> <text>For loads which are not uniform in width with the overwidth portion of the load at the front of the load, amber lights shall be displayed on the side of the load at its widest point.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Overlength Loads. For overlength loads with a rear overhang exceeding 4 feet, two red lights shall be displayed on the end of the overhang portion of the load, along with one red light on each side of the overhanging portion of the load.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Limitations on Authority Conferred by Permit."> <paragraph num="A."> <text>The authority conferred by any permit does not include authority to do any of the following:</text> <paragraph num="(1)"> <text>Move the oversize or overweight vehicle over any highway, bridge, or other structure under the jurisdiction of any county, municipality, or other entity (other than the Administration), except that a permit authorizes the permittee or user to cross the highway, bridge, or structure, after giving sufficient notice to the responsible authority and making proper arrangements with that authority for the crossing;</text> </paragraph> <paragraph num="(2)"> <text>Move the oversize or overweight vehicle over any railroad or railway track or right-of-way, at grade, except that a permit authorizes the permittee or user to cross the track or right-of-way at an established grade crossing, after giving sufficient notice to the local superintendent of the railroad or railway, or to the duly authorized representative of the superintendent, and making proper arrangements with the superintendent or the superintendent's representative for the crossing;</text> </paragraph> <paragraph num="(3)"> <text>Use or damage any private property;</text> </paragraph> <paragraph num="(4)"> <text>Disturb any wires, cables, traffic signs and signals, street lights, limbs of trees, signs, or other structures or appurtenances. If a proposed move is expected to disturb any of these structures, the permittee shall obtain permission from the owner of the structure and shall make any arrangements required by the owner to avoid damage to the structure, before the move is begun.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Local road designations may be used in a route description for purposes of continuity to indicate connecting routes of travel. However, nothing contained in a permit shall be construed to confer authority to cross any road, bridge, or other structure that is not under the jurisdiction of the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Movement on or Across Toll Facilities."> <paragraph num="A."> <text>The following restrictions apply to the movement of any oversize or overweight vehicle on or through the following Authority highways:</text> <paragraph num="(1)"> <text>Baltimore Harbor Tunnel Thruway (I-895);</text> </paragraph> <paragraph num="(2)"> <text>Thomas J. Hatem Memorial Bridge (Susquehanna River Bridge, U.S. 40);</text> </paragraph> <paragraph num="(3)"> <text>Harry W. Nice Memorial/Thomas “Mac” Middleton Bridge (Potomac River Bridge, U.S. 301);</text> </paragraph> <paragraph num="(4)"> <text>William Preston Lane Jr. Memorial Bridge (Bay Bridge, U.S. 50/301);</text> </paragraph> <paragraph num="(5)"> <text>Francis Scott Key Bridge (MD 695);</text> </paragraph> <paragraph num="(6)"> <text>John F. Kennedy Memorial Highway (I-95);</text> </paragraph> <paragraph num="(7)"> <text>Fort McHenry Tunnel (I-95);</text> </paragraph> <paragraph num="(8)"> <text>Intercounty Connector (MD 200); and</text> </paragraph> <paragraph num="(9)"> <text>Any other Authority highway operated by the Authority on which the permittee may travel.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Any oversize or overweight vehicle and any vehicle and load together exceeding 96 inches (8 feet) in width or 13 feet 6 inches in height is prohibited from entering the Baltimore Harbor Tunnel and its approaches (I-895).</text> </paragraph> <paragraph num="C."> <text>Any oversize vehicle and load together exceeding 14 feet 6 inches in height or 11 feet in width is prohibited from entering the I-95 Fort McHenry Tunnel and its approaches unless, in the case of vehicles and loads exceeding 11 feet in width, special written permission is obtained from the Administrator of the Tunnel.</text> </paragraph> <paragraph num="D."> <text>Unless otherwise approved by the Authority, a permittee or user may move an oversize or overweight vehicle on or across an Authority highway only during daylight hours between 9 a.m. Monday and 12 noon Friday.</text> </paragraph> <paragraph num="E."> <text>When moving any oversize or overweight vehicle on or across an Authority highway, the permittee or user shall comply with all regulations issued by the Authority to regulate the use of an Authority highway, and with the direction of the Transportation Authority Police, including directions requiring that the vehicle be escorted during its move.</text> </paragraph> <paragraph num="F."> <text>The permittee or user shall notify the Facility Administrator or the Transportation Authority Police assigned to a particular Authority highway, as specified on the permit at least 1 hour before beginning movement of an oversize or overweight vehicle on or across the project. This does not include any permit vehicle waiting area provided by the Authority.</text> </paragraph> <paragraph num="G."> <text>Regardless of any other provision of the regulations under COMAR 11.04.0111.04.04, the movement of any oversize or overweight vehicle on or across an Authority highway may be delayed or prohibited if, in the opinion of the Facility Administrator or the Transportation Authority Police assigned to the project, the movement of the oversize or overweight vehicle would endanger life or property or result in undue interference or interruption of traffic at that project.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Hours for Movement, in General."> <paragraph num="A."> <text>The permittee or user may move an oversize or overweight vehicle during any daylight hours from 1/2 hour after sunrise to 1/2 hour before sunset, subject to the following restrictions.</text> </paragraph> <paragraph num="B."> <text>Restrictions.</text> <paragraph num="(1)"> <text>A person may not move an oversize or overweight vehicle, even during daylight hours, on:</text> <paragraph num="(a)"> <text>Any Saturday after 12 noon;</text> </paragraph> <paragraph num="(b)"> <text>Any Sunday;</text> </paragraph> <paragraph num="(c)"> <text>Those holiday periods included on a list compiled by the Unit for each calendar year, available upon request from the Unit after December 15 of the preceding calendar year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The permittee or user may move any vehicle and load that together exceed 45 tons gross weight or are 100 feet or more in length or 12 feet or more in width over either of the following facilities from 9 a.m. to 3:30 p.m. only, on those days not specified in §B(1) of this regulation:</text> <paragraph num="(a)"> <text>I-495/I-95 (Capital Beltway);</text> </paragraph> <paragraph num="(b)"> <text>I-695/MD 695 (Baltimore Beltway).</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The permittee or user may move any vehicle and load that together are 14 feet or more in width on any highway in the State from 9 a.m. to 3:30 p.m. only, on those days not specified in §B(1) of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>Notwithstanding §§A and B of this regulation, the permittee or user may move an oversize or overweight vehicle on dates and during hours specifically set forth in the permittee's or user's permit. The Unit may specify additional conditions under which that movement may be made.</text> </paragraph> <paragraph num="(5)"> <text>Oversize or overweight special mobile equipment that is self-propelled and cannot maintain a speed of at least 40 miles per hour is prohibited from the Capital Beltway (I-95/I-495) and Baltimore Beltway (I-695/MD 695) between the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. on those days not specified in §B(1) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Emergency Movement."> <paragraph num="A."> <text>Emergency Status.</text> <paragraph num="(1)"> <text>An emergency exists when there is a danger of:</text> <paragraph num="(a)"> <text>Loss of life;</text> </paragraph> <paragraph num="(b)"> <text>Serious bodily injury;</text> </paragraph> <paragraph num="(c)"> <text>Fire;</text> </paragraph> <paragraph num="(d)"> <text>Severe property damage;</text> </paragraph> <paragraph num="(e)"> <text>Hazardous material leakage; or</text> </paragraph> <paragraph num="(f)"> <text>Major interruption to the flow of traffic on any part of the State highway system.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A potential permittee with an oversize or overweight vehicle, expecting to respond to emergency situations, shall send a written request for emergency response status to the Director, Office of Traffic and Safety.</text> </paragraph> <paragraph num="(3)"> <text>Notwithstanding any other provision of regulations under this chapter and COMAR 11.04.01, 11.04.03, and 11.04.04, a person may move rescue, construction, or utility equipment which is oversize or overweight to the scene of an emergency in order to provide or assist in providing relief without having a permit in hand, and at any time, under one of the procedures in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>If, at the time the owner or operator of the equipment learns of the emergency and decides that a move must be made, and the office of the Unit is open for business, the procedure established below shall be followed:</text> <paragraph num="(a)"> <text>The owner or operator shall telephone and advise the Unit's headquarters office of the nature of the emergency, the route proposed to be traveled, and the characteristics of the oversize or overweight equipment to be moved;</text> </paragraph> <paragraph num="(b)"> <text>The move may be made only after the Unit has approved the proposed move, has given a permit number, and has advised the Maryland State Police concerning the proposed move;</text> </paragraph> <paragraph num="(c)"> <text>The Telecommunications Section, Electronic Systems Division, of the Maryland State Police shall send instructions, as necessary, to State Police and other appropriate authorities in areas affected by the move;</text> </paragraph> <paragraph num="(d)"> <text>The Unit shall issue a special hauling permit the same day and shall charge the owner or operator the appropriate fee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If, at the time the owner or operator of the equipment learns of the emergency and decides that a move must be made, and the office of the Unit is not open for business, the following procedure shall be followed:</text> <paragraph num="(a)"> <text>The owner or operator shall telephone the Statewide Operations Center at 1-800-543-2515, located at the State Highway Administration's Office of Traffic and Safety in Hanover, Maryland;</text> </paragraph> <paragraph num="(b)"> <text>The Statewide Operations Center will upon being notified by a permittee of the need for an emergency move notify an on-call representative for the Unit and will provide the permittee's telephone number directly to the on-call representative who will call the permittee to obtain pertinent information concerning the emergency move relative to the proposed route of travel, and the characteristics of the oversize or overweight equipment to be moved;</text> </paragraph> <paragraph num="(c)"> <text>The move may be made only after the designated Unit representative has approved the proposed move and has advised the Telecommunications Section, Electronic Systems Division, of the Maryland State Police concerning the proposed move;</text> </paragraph> <paragraph num="(d)"> <text>The Telecommunications Section, Electronic Systems Division, of the Maryland State Police shall send instructions, as necessary, to State Police and other appropriate authorities in areas affected by the move;</text> </paragraph> <paragraph num="(e)"> <text>The Unit shall issue a special hauling permit the next working day and shall charge the owner or operator the appropriate fee.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>After the emergency:</text> <paragraph num="(a)"> <text>The permittee or user shall obtain a permit for the return move and shall be subject to all normal permit provisions; and</text> </paragraph> <paragraph num="(b)"> <text>The Unit may require the permittee to submit on a form and in a manner prescribed by the Unit, a report describing the emergency.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Continuous Travel for Certain Special Mobile Equipment."> <paragraph num="A."> <text>In this regulation:</text> <paragraph num="(1)"> <text>“Continuous travel” means travel allowed 24 hours a day, 7 days a week, subject to the provisions on the permit and any attachments or updates listed on the Motor Carrier Division and CHART websites found at www.marylandroads.com, and subject to all regulations (except hours for movement) under COMAR 11.04.01 —11.04.04.</text> </paragraph> <paragraph num="(2)"> <text>“Qualifying special mobile equipment” means any self-propelled special mobile equipment as defined by Maryland Vehicle Law and reasonably determined by the Maryland State Police to be capable of complying with safety requirements applicable to class E (truck) vehicles.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Subject to the requirements of this regulation, the Unit may issue permits for continuous travel for qualifying special mobile equipment.</text> </paragraph> <paragraph num="C."> <text>Notwithstanding any regulation to the contrary, special mobile equipment traveling under a permit allowing continuous travel is required to comply with the motor carrier safety provisions of Transportation Article, §25-111, Annotated Code of Maryland, including, but not limited to, compliance with the following requirements:</text> <paragraph num="(1)"> <text>The special mobile equipment shall be equipped with all safety equipment and devices required by the Transportation Article and regulations promulgated under the Transportation Article for class E (truck) vehicles;</text> </paragraph> <paragraph num="(2)"> <text>The special mobile equipment is subject to roadside safety inspections by the Maryland State Police or other authorized police officers; and</text> </paragraph> <paragraph num="(3)"> <text>For safety violations, penalties shall be charged as established for Transportation Article, §25-111, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>To qualify for continuous travel, the special mobile equipment:</text> <paragraph num="(1)"> <text>May not be oversize;</text> </paragraph> <paragraph num="(2)"> <text>Shall be capable of safely maintaining a speed of 45 miles per hour and may not impede the flow of traffic;</text> </paragraph> <paragraph num="(3)"> <text>May not exceed a gross vehicle weight of 90,000 pounds (45 tons) including all tolerances;</text> </paragraph> <paragraph num="(4)"> <text>May not exceed a single axle weight of 27,000 pounds including all tolerances; and</text> </paragraph> <paragraph num="(5)"> <text>Shall meet the safety equipment requirements in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>With the exception of the departure from weight limits provided for in the permit, the user shall comply with all of the vehicle weight laws of Maryland and may not cross over bridges when the vehicle weight exceeds posted bridge limitations.</text> </paragraph> <paragraph num="F."> <text>Procedures.</text> <paragraph num="(1)"> <text>To obtain the permit, the applicant shall submit an originally signed completed application, facsimile, or electronic copy of the application on a form and in the manner prescribed by the Unit.</text> </paragraph> <paragraph num="(2)"> <text>In addition to other information required by the Unit, the application shall include the following:</text> <paragraph num="(a)"> <text>Written request for continuous travel;</text> </paragraph> <paragraph num="(b)"> <text>Serial number, identification number, or other similar information specifically identifying the unit of special mobile equipment for which the continuous travel permit is requested;</text> </paragraph> <paragraph num="(c)"> <text>Statement certifying that the particular unit of special mobile equipment identified on the application meets the safety equipment requirements described in §C of this regulation; and</text> </paragraph> <paragraph num="(d)"> <text>Statement of understanding that if the special mobile equipment is not in safe operating condition or fails to comply with safety equipment requirements, the permit automatically becomes void and the privilege to move the equipment granted under the conditions of the permit is immediately suspended until reinstated by the Unit.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The permit is valid only for the unit of special mobile equipment for which it was issued and the original (not a copy) of the permit shall be carried in the unit when traveling on a highway in the State.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Penalties.</text> <paragraph num="(1)"> <text>If the special mobile equipment is found to be in unsafe operating condition or fails to comply with safety equipment requirements, in addition to the penalties provided for under Maryland Motor Vehicle Law, the permit shall be immediately rendered void and suspended until repairs are accomplished.</text> </paragraph> <paragraph num="(2)"> <text>A police officer may confiscate the permit if a safety violation is sufficient to place the vehicle out of service or for other reasonable cause. The officer shall immediately notify the Unit of the confiscation and return the confiscated permit to the Unit after it has been used as evidence in any law enforcement proceedings.</text> </paragraph> <paragraph num="(3)"> <text>The Unit may not give a credit, refund, or time extension for a period of suspension or confiscation, and the permit is not transferable to another unit of special mobile equipment.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 20, 1975 (2:10 Md. R. 752)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.05 to 11.04.02</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)</annotation> </annotations> </chapter> <chapter num="03" heading="Specific Conditions for Movement of Certain Oversize and Overweight Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Excessive size” means an overall dimension of 16 feet or more in height, 16 feet or more in width, or 100 feet or more in length.</text> </paragraph> <paragraph num="(3)"> <text>“Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).</text> </paragraph> <paragraph num="(3-1)"> <text>“Massive weight” means a gross weight exceeding 250 tons (500,000 pounds).</text> </paragraph> <paragraph num="(4)"> <text>“Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, within the State Highway Administration, and is the Unit that issues permits for oversize and overweight vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Vehicles Over 45 Tons, Over 60 Tons (Excessive Weight), Over 250 Tons (Massive Weight), or of Excessive Size."> <paragraph num="A."> <text>In addition to the general conditions under COMAR 11.04.02, specific conditions apply to certain permits as indicated.</text> </paragraph> <paragraph num="B."> <text>Applications.</text> <paragraph num="(1)"> <text>Excessive Weight. A person applying for a permit to move a vehicle which together with its load exceeds 60 tons, but does not exceed 250 tons, gross weight shall submit an application a minimum of 10 business days in advance of the proposed move to allow the Administration to complete any surveys, studies, or investigations necessary to determine an acceptable route and to determine any special conditions which should be included in the permit.</text> </paragraph> <paragraph num="(1-1)"> <text>Massive Weight. A person applying for a permit to move a vehicle which together with its load exceeds 250 tons gross weight shall submit an application a minimum of 30 business days in advance of the proposed move to allow the Administration to complete any surveys, studies, or investigations necessary to determine an acceptable route and to determine any special conditions which should be included in the permit.</text> </paragraph> <paragraph num="(2)"> <text>Excessive Size. For the movement of any vehicle, which together with its load is of excessive size, a person shall submit an application a minimum of 2 working days before the proposed move.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Safety. When the permittee or user moves a vehicle and load together exceeding 45 tons gross weight on any highway in the State, the speed of the overweight vehicle may not exceed 10 miles per hour under the posted speed limit at any time.</text> </paragraph> <paragraph num="D."> <text>Surety Bonds.</text> <paragraph num="(1)"> <text>The Unit may require any applicant for a permit for movement of a vehicle which together with its load is of excessive size, excessive weight, or massive weight to post either or both of the bonds described in §D(2) and (3) of this regulation, before the permit is issued.</text> </paragraph> <paragraph num="(2)"> <text>Bond to Cover Administration Costs.</text> <paragraph num="(a)"> <text>The Unit may require the posting of a surety bond, satisfactory to the Unit, guaranteeing payment of the costs of any surveys, studies, or investigations which the Administration is required to perform in order to determine an acceptable route and to determine any special conditions for the permit.</text> </paragraph> <paragraph num="(b)"> <text>The Unit shall fix the amount of the bond.</text> </paragraph> <paragraph num="(c)"> <text>The Unit shall review and may disapprove the form of the bond and the security.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Bond or Insurance to Assure Satisfactory Performance of Move.</text> <paragraph num="(a)"> <text>The Unit may require the posting of a surety bond, satisfactory to the Unit, guaranteeing performance of the move in a manner satisfactory to the Administration, and protecting the Administration and the State from any expense caused to them through failure of the permittee or user to comply with all the provisions of the permit or through any negligence of the permittee or user.</text> </paragraph> <paragraph num="(b)"> <text>The Unit shall fix the amount of the bond.</text> </paragraph> <paragraph num="(c)"> <text>The Unit shall review and may disapprove the form of the bond and the security.</text> </paragraph> <paragraph num="(d)"> <text>The applicant may substitute for the bond required under this subsection a contractual liability clause, satisfactory to the Unit, added to a standard certificate of insurance. The Unit shall fix the amount of the insurance and shall review and may disapprove the form of the clause and the insurer.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Steel-Rimmed Equipment."> <paragraph num="A."> <text>The special requirements in §B of this regulation apply when any person moves heavy equipment having steel rims (steel wheels or tracks which would make contact with the road surface in the absence of protective devices) under its own power.</text> </paragraph> <paragraph num="B."> <text>Special Requirements.</text> <paragraph num="(1)"> <text>If the gross weight of the equipment is more than 13 tons and less than 20 tons, the permittee shall move it on 2-inch thick timber mats at least 6 inches wider than the treads of the wheels or tracks of the equipment.</text> </paragraph> <paragraph num="(2)"> <text>If the gross weight of the equipment is 20 tons or more, the permittee shall move it on timber mats not less than 3 inches thick and at least 12 inches wider than the treads of the wheels or tracks of the equipment.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 20, 1975 (2:10 Md. R. 752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G adopted effective February 16, 1977 (4:4 Md. R. 283)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.06 to 11.04.03</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 1, 1984 (11:15 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 1, 1984 (11:15 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 23, 1995 (22:21 Md. R. 1616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)</annotation> </annotations> </chapter> <chapter num="04" heading="Oversize and Overweight Vehicles — Escort Vehicles, Signing, and Lighting"> <regulation prefix="Regulation" num=".01" heading="Signing."> <paragraph num="A."> <text>When a permittee or user moves a permit vehicle that exceeds 9 feet in width on highways in the State, the permittee shall display, on the front and rear of the vehicle, wide load or oversize load signs conforming to the specifications in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Specifications.</text> <paragraph num="(1)"> <text>Permit Vehicle.</text> <paragraph num="(a)"> <text>A permit vehicle shall display the words “wide load” or “oversize load” in black letters not less than 10 inches high, with a brush stroke not less than 1 5/8 inches wide.</text> </paragraph> <paragraph num="(b)"> <text>The letters shall appear on a yellow background, 18 inches high and 7 feet wide.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Escort Vehicle. An escort vehicle shall display a “wide load” or “oversize load” sign either on the roof of the vehicle or on the front and rear of the vehicle that is at least 5 feet wide and 12 inches high with letters 8 inches high. The sign shall be clearly visible to traffic approaching the escort vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>While the permit vehicle is moving on any highway in the State, the signing requirements of §§A and B of this regulation apply regardless of the permit vehicle's state of origin.</text> </paragraph> <paragraph num="D."> <text>Placement of signs required by this regulation may not interfere with the visibility of brake lights, turn signals, or any other required lamps or signals on the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Escorts — General."> <paragraph num="A."> <text>A permittee shall be required to provide one or more private escort vehicles for an oversize or overweight permit move as indicated in Regulation .03 of this chapter. A permit move may be a vehicle with a load including manufactured housing (mobile home or modular unit) or a vehicle alone.</text> </paragraph> <paragraph num="B."> <text>Monitoring of the permit move by State Highway Administration personnel may be required as determined by the State Highway Administration.</text> </paragraph> <paragraph num="C."> <text>An escort by uniformed police is required as indicated in Regulation .06 of this chapter.</text> </paragraph> <paragraph num="D."> <text>The Maryland Transportation Authority may require that a permit vehicle be escorted while traveling a toll facility.</text> </paragraph> <paragraph num="E."> <text>Escort Vehicle. An escort vehicle:</text> <paragraph num="(1)"> <text>May not escort more than one oversize or overweight vehicle or load; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be:</text> <paragraph num="(a)"> <text>Behind an overlength vehicle or load;</text> </paragraph> <paragraph num="(b)"> <text>Behind an overwidth vehicle or load on a multilane highway; and</text> </paragraph> <paragraph num="(c)"> <text>In front of an overwidth vehicle or load on a two-lane highway.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Private Escort — When Required."> <paragraph num="A."> <text>One Escort. The permittee shall provide one escort vehicle for a permit move while it is traveling any highway in the State if the permit move is:</text> <paragraph num="(1)"> <text>More than 13 feet wide, unless the load is a manufactured housing unit;</text> </paragraph> <paragraph num="(2)"> <text>More than 85 feet long;</text> </paragraph> <paragraph num="(3)"> <text>14 feet 6 inches high or more (pole vehicle required);</text> </paragraph> <paragraph num="(4)"> <text>More than 60 tons gross weight;</text> </paragraph> <paragraph num="(5)"> <text>Construction equipment over 12 feet wide traveling off the interstate system; or</text> </paragraph> <paragraph num="(6)"> <text>Traveling when weather or road conditions justify the requirement of one escort vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Two Escorts. The permittee shall provide two escort vehicles for a permit move if the permit move is:</text> <paragraph num="(1)"> <text>14 feet wide or more including a load that is a manufactured housing unit;</text> </paragraph> <paragraph num="(2)"> <text>140 feet long or more;</text> </paragraph> <paragraph num="(3)"> <text>Traveling a road too narrow to allow other vehicles to pass safely in either direction;</text> </paragraph> <paragraph num="(4)"> <text>Traveling against traffic that will have to be diverted or stopped; or</text> </paragraph> <paragraph num="(5)"> <text>Traveling when weather or road conditions justify the requirement of two escort vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Private Escort — Equipment and Responsibilities."> <paragraph num="A."> <text>Communication. All private escort drivers and the permit driver shall be equipped with a two-way radio. The drivers shall maintain constant communication except for intermittent interruptions which may be caused by the terrain or atmospheric conditions, or directed by posting as in blasting areas.</text> </paragraph> <paragraph num="B."> <text>Lighting.</text> <paragraph num="(1)"> <text>A private escort vehicle shall have at least one oscillating or rotating roof light, yellow in color, at least 3 inches in diameter and visible to the front and rear.</text> </paragraph> <paragraph num="(2)"> <text>Headlights of the escort and escorted vehicle shall be illuminated while conducting the move.</text> </paragraph> <paragraph num="(3)"> <text>Simultaneously flashing hazard warning lamps shall be used by the operator of a permit vehicle when the vehicle is traveling 20 miles per hour less than the posted speed limit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An escort vehicle shall display a sign as specified in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="D."> <text>Position.</text> <paragraph num="(1)"> <text>Escort vehicles shall travel not more than 300 feet to the front or rear of the escorted vehicle and not closer to the escorted vehicle than is reasonable and prudent under prevailing speed and weather conditions.</text> </paragraph> <paragraph num="(2)"> <text>When one escort vehicle is required, it shall follow the escorted vehicle on any highway with two or more lanes in one direction, and it shall precede the escorted vehicle on any highway with only one lane in each direction. When transitioning from a multilane to a two-way highway, every effort shall be made for the escort vehicle to precede the escorted vehicle prior to entering the single lane portion of the highway.</text> </paragraph> <paragraph num="(3)"> <text>When a pole vehicle escort is required, the pole vehicle shall precede the escorted vehicle at a distance sufficient to adequately warn the escorted vehicle of an overhead obstruction.</text> </paragraph> <paragraph num="(4)"> <text>When two escort vehicles are required, one shall follow and the other shall precede the escorted vehicle.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Responsibilities.</text> <paragraph num="(1)"> <text>The purpose of an escort vehicle is to enhance safety by alerting the traveling public to the presence or approach of a permit vehicle and to reduce delays to the normal flow of traffic.</text> </paragraph> <paragraph num="(2)"> <text>The escort driver reviews the route and any special requirements or instructions with the permit driver. The permit driver, together with the escort driver, assures that signs are secured, lights are turned on and working, and two-way radios are working and appropriate channel selected.</text> </paragraph> <paragraph num="(3)"> <text>The front escort warns oncoming traffic of the presence of the permit vehicle, assists the permit driver to assure the permit route is being followed, and by radio notifies the permit driver of narrow structures, hazards, obstructions, pedestrians, and other potential problems that would affect the safe movement of the load and the traveling public.</text> </paragraph> <paragraph num="(4)"> <text>The rear escort warns approaching traffic of the presence of the permit vehicle, notifies the permit driver of flat tires and objects coming loose, and notifies front escort and permit driver of traffic buildup and motorists attempting to pass.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Escorted Vehicles — General Restrictions."> <paragraph num="A."> <text>A person may not move an escorted vehicle on the interstate system if the movement would constitute a special traffic hazard.</text> </paragraph> <paragraph num="B."> <text>When escort is required, each permit vehicle requires its own escort.</text> </paragraph> <paragraph num="C."> <text>Each permit vehicle with escort shall maintain a 1-mile distance from another escorted permit vehicle traveling in the same direction.</text> </paragraph> <paragraph num="D."> <text>If traffic buildup behind a permit move becomes heavy (considered to be in excess of six cars including any escort), the entire move shall safely leave the roadway when there is sufficient room to do so to allow traffic to pass.</text> </paragraph> <paragraph num="E."> <text>Convoying. A person, except a State or federal military authority or by special authorization of the Director, Office of Traffic and Safety, State Highway Administration, may not convoy or group vehicles which must be escorted.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Police Escort."> <paragraph num="A."> <text>In addition to the private escort required under Regulation .03 of this chapter, the permittee shall also provide for police escort for certain permit moves.</text> </paragraph> <paragraph num="B."> <text>The permittee shall provide for police escort for any permit move which is 16 feet wide or more or in excess of 75 tons gross weight.</text> </paragraph> <paragraph num="C."> <text>The State Highway Administration Hauling Permits Unit may require police escort if:</text> <paragraph num="(1)"> <text>The permit move has a gross weight between 65 and 75 tons;</text> </paragraph> <paragraph num="(2)"> <text>Traffic will have to be diverted or stopped;</text> </paragraph> <paragraph num="(3)"> <text>The move will affect either:</text> <paragraph num="(a)"> <text>Two or more lanes of traffic on a highway having two or more lanes in one direction; or</text> </paragraph> <paragraph num="(b)"> <text>Both lanes of traffic on a highway having only one lane in each direction; or</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The circumstances are considered necessary for public safety.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Payment of Costs. The permittee is responsible for costs incurred by the law enforcement agency in the course of escorting the permittee's oversize or overweight vehicle. The costs will be assessed as determined by the State Highway Administration Hauling Permits Unit.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 20, 1975 (2:10 Md. R. 752)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.08 to 11.04.04</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> </annotations> </chapter> <chapter num="05" heading="Commercial-Industrial or Subdivision Street Permits (All Entrance Permits Other than Residential)"> <regulation prefix="Regulation" num=".01" heading="Authority."> <paragraph num="A."> <text>Authority. The Annotated Code of Maryland grants to the Administration certain regulatory authority, including the right to limit the width and location of existing access points, the requirement that a temporary or permanent entrance from any commercial or industrial property may not be made into any highway except in accordance with a permit issued by the Administration, and the requirement that permits must be acquired from the Administration before working within and across a State highway. An application for a permit to construct a commercial entrance street intersection shall be filed with plans, performance surety, and any other items which may be required by the responsible parties or their authorized representative.</text> </paragraph> <paragraph num="B."> <text>Who Shall Apply for a Permit. The following is a descriptive listing of some of the parties required to apply for a permit. It is to be used only as a guide and may not be construed as all-inclusive. The words “commercial”, “industrial”, and “subdivision”, used singularly or collectively in the following text, shall include all entrances other than those for an individual residence:</text> <paragraph num="(1)"> <text>Owners, or their duly authorized representatives (developers, contractors, tenants, lessees, etc.), of land newly being developed commercially, industrially, or as a subdivision, all desiring access to a State highway;</text> </paragraph> <paragraph num="(2)"> <text>Parties desiring to establish a new public street intersection or modify an existing public street intersection;</text> </paragraph> <paragraph num="(3)"> <text>Parties desiring to change existing entrances or create new entrances into existing commercial or industrial facilities, and subdivisions;</text> </paragraph> <paragraph num="(4)"> <text>Parties desiring to modify, expand, or in any other manner make improvement to an existing facility, which will increase or change the type of vehicular generation or traffic pattern;</text> </paragraph> <paragraph num="(5)"> <text>Parties desiring to change use or occupancy of an existing facility;</text> </paragraph> <paragraph num="(6)"> <text>Parties owning, occupying, leasing, or using a commercial or industrial facility (which was in existence before 1957) that is not fully channelized in accordance to permits issued by the Administration and which is now deemed hazardous from the viewpoint of access;</text> </paragraph> <paragraph num="(7)"> <text>Parties desiring to do any work within or across the State highway right-of-way.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Procedure for Obtaining an Entrance Permit."> <paragraph num="A."> <text>An individual or corporation desiring to construct a commercial, industrial, or public street entrance connecting with a State highway shall make written application, transmitted by methods as determined acceptable by the Administration, to the appropriate office listed below. Applications shall be accompanied by performance surety, detailed plans, and a utility letter (see §I(2) of this regulation), if applicable.</text> </paragraph> <paragraph num="B."> <text>Applications should be mailed to the appropriate Administration office as follows:</text> </paragraph> <paragraph num="C."> <text>Work may not be undertaken on the State right-of-way until the permittee has received his copy of the permit and a 48-hour advance notice has been given the maintenance engineer or inspector specified in it.</text> </paragraph> <paragraph num="D."> <text>When permit work involves erection of a new traffic signal or relocation or adjustments to a traffic signal, or both, it will be the additional responsibility of the permittee to notify the State Highway Administration, Traffic Engineering Division, Glen Burnie, Maryland (phone: (410) 787-5800) and Assistant District Engineer, Traffic, 10 days before beginning the work. This 10-day period is on the assumption the traffic signal plan has been reviewed and approved by the Traffic Division and financial arrangements, if any, have been made. The Assistant District Engineer, Traffic, for each of the seven districts can be contacted as follows:</text> </paragraph> <paragraph num="E."> <text>Application. Applications shall be submitted in duplicate on forms obtained from the Administration’s website found at www.marylandroads.com or by other methods as determined acceptable by the Administration.</text> </paragraph> <paragraph num="F."> <text>Plans.</text> <paragraph num="(1)"> <text>All applicants shall submit detailed plans for review, indicating the true relationship between their planned improvements and the Administration’s existing right-of-way, including easements, drainage facilities, and pavement. Plans shall be prepared by a registered land surveyor or registered professional engineer. Plans shall show dimensions, existing and proposed contours, storm drain facilities, structures, parking, interior traffic patterns, typical section through the State Highway Administration right-of-way, proposed curbs, sidewalk ramps, proposed widenings, etc.</text> </paragraph> <paragraph num="(2)"> <text>When possible, the applicant's plans should be referenced to Administration surveys.</text> </paragraph> <paragraph num="(3)"> <text>A general location map shall accompany plan submission.</text> </paragraph> <paragraph num="(4)"> <text>Preliminary plans should be prepared on an engineering scale of not less than 1 inch = 50 feet. Recommended scale is 1 inch = 20 feet. When acreage is of such a size that the plan must be to a smaller scale, it would be appropriate to make a separate plan for the entrance construction and any roadway improvement deemed necessary by the Administration.</text> </paragraph> <paragraph num="(5)"> <text>Plan submission shall include a maintenance-of-traffic plan.</text> </paragraph> <paragraph num="(6)"> <text>For access permits where work is required in a travelled lane or where work disrupts the normal traffic pattern, an appropriate traffic control plan shall be developed by professional representatives of the permittee and approved by the SHA Assistant District Engineer, Traffic.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Performance Surety. In order to ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee shall be required to submit a performance bond, letter of credit, or certified check, in a form acceptable to the Administration. The amount of the bond, check, or letter of credit shall be the next highest even thousand dollar above 150 percent of the cost estimate for the construction. This estimate must be acceptable to the SHA. If a bond is submitted, the SHA shall be designated as the obligee and the permittee as principal. In instances when a certified check is submitted, the check shall be made payable to the State Highway Administration and include the permittee’s federal identification number.</text> </paragraph> <paragraph num="H."> <text>Utility Adjustment.</text> <paragraph num="(1)"> <text>The relocation or adjustment of any public or private utility shall be the responsibility of the permittee and completed with entrance construction and roadway improvement. This includes traffic signals, fire hydrants, water mains, sewers, storm drains, telephone facilities, electric facilities, cable facilities, etc.</text> </paragraph> <paragraph num="(2)"> <text>Before the issuance of a permit, the permittee shall be required to submit letters from the permittee or utility companies acknowledging and agreeing to the financial responsibility regarding the relocation or adjustment of utilities along with a schedule for relocation and adjustments to utility facilities.</text> </paragraph> <paragraph num="(3)"> <text>It is the permittee's responsibility to relocate or have relocated all utilities which are within the paving and in front of the curbs or within the limit of work to be constructed under the permit. This relocation shall be accomplished before initiation of work stated in the permit or accomplished simultaneously with the work. The entrance and paving may not be open to traffic until relocation has been completed.</text> </paragraph> <paragraph num="(4)"> <text>The permittee or the permittee's representative shall notify “Miss Utility” (1-800-257-7777), 48 hours in advance of any construction to have underground utilities staked and marked in the field.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Inspection Cost. At the discretion of the Administration, a State highway construction inspector may be assigned full-time to inspect the work stipulated in the permit. All projects shall be inspected by the Administration. The Administration may require construction inspection reimbursement for any permit with over $50,000 in estimated neat construction costs. This reimbursement shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.</text> </paragraph> <paragraph num="J."> <text>Maintenance Responsibility. The owner shall be responsible for maintaining all areas from the flowline front face of a curb to the State highway right-of-way line both during and following construction.</text> </paragraph> <paragraph num="K."> <text>Traffic Impact Study. At the discretion of the State's engineer, applicants for a major development or a development that may have a significant impact upon the State's highway system, or both, shall submit a traffic impact study to determine the type of access and scope of required highway improvements required to accommodate the proposed development.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Entrance Standards and Specifications."> <paragraph num="A."> <text>All work and materials shall conform to Administration specifications, standards, and addenda current at the time of the permit grant.</text> </paragraph> <paragraph num="B."> <text>All work is subject to Administration periodic inspection and final approval.</text> </paragraph> <paragraph num="C."> <text>Entrance Location.</text> <paragraph num="(1)"> <text>The number and location of entrances which may be granted shall be based on usage, interior and exterior traffic patterns, and current design policy of the Administration.</text> </paragraph> <paragraph num="(2)"> <text>A maximum of two entrances may be allowed in the first 200 feet of frontage. For each additional 100 feet of frontage, a maximum of one entrance may be permitted, subject to the final determination of the Administration in order to promote highway safety. Regardless of frontage, a development may be restricted to a single entrance and exit location.</text> </paragraph> <paragraph num="(3)"> <text>Entrances shall adhere to the safety criteria for acceptable intersection or stopping sight distance conditions, or both, in accordance with current Administration standards and engineering practices.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Entrance Width.</text> <paragraph num="(1)"> <text>The maximum width for a two-way access at 90 degrees shall be 35 feet, except where traffic, type of access, or type or size of using vehicles justify a variation of the 35-foot maximum. The minimum width of a two-way access is 25 feet.</text> </paragraph> <paragraph num="(2)"> <text>One-way access at 45 degrees to 90 degrees shall have a maximum width of 20 feet. The minimum width should also be 20 feet. Exceptions based on existing conditions and current adopted design criteria may be made by the State Highway Administration.</text> </paragraph> <paragraph num="(3)"> <text>Entrance width shall be measured perpendicular to the center line of the entrance.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Channelization.</text> <paragraph num="(1)"> <text>Unless other channelization is acceptable to the Chief, Engineering Access Permits Division, all entrances permitted under these regulations shall be channelized, for their entire frontage, as follows:</text> <paragraph num="(a)"> <text>Projects funded in the Consolidated Transportation Program for construction within 6 years, whether or not advertised—temporary bituminous curb may be used;</text> </paragraph> <paragraph num="(b)"> <text>Highways with safety grading—type C concrete curb, or concrete curb and gutter;</text> </paragraph> <paragraph num="(c)"> <text>All other situations—type A concrete curb, or curb and gutter;</text> </paragraph> <paragraph num="(d)"> <text>On existing curbed State highways, developers shall generally be required to replace existing curbs in kind; and</text> </paragraph> <paragraph num="(e)"> <text>All improvements shall provide for increased safety and access for pedestrian and bicycle traffic in a manner acceptable to the Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The front curb shall be constructed on a line 14 feet to 17 feet from and parallel to the existing edge of the road as determined by the Administration. The rear edge of the back curb shall be constructed on the existing right-of-way line where existing right-of-way is sufficient for ultimate roadway design. Where the existing right-of-way is not sufficient to contain the ultimate improvements, the curb should be placed on the alignment of the proposed right-of-way line. The area between the curbs shall be properly graded and paved, sodded or seeded. Signs, structures, etc. may not be placed in this area or elsewhere within the highway right-of-way.</text> </paragraph> <paragraph num="(3)"> <text>In rural areas where a drainage ditch of sufficient depth to act as a barrier will remain paralleling the highway, or the height and grade of slope of the property abutting the State highway is greater than 3 feet and 2:1, respectively, the back curb (on the right-of-way line) may be eliminated at the discretion of the State Highway Administration. However, the front curb shall be constructed. If the topography of the area is changed by the owner so that the side ditches or cut slopes are eliminated, a curb or a curb and gutter along the right-of-way will be required.</text> </paragraph> <paragraph num="(4)"> <text>Ultimate Section.</text> <paragraph num="(a)"> <text>Rural Section—four lane divided highway, 50 foot—76 foot median Minimum 150 foot right-of-way*</text> </paragraph> <paragraph num="(b)"> <text>Urban Section—four lane divided highway—20 foot—34 foot median Minimum 120 foot right-of-way*</text> </paragraph> <paragraph num="(c)"> <text>Street Section—undivided 36 foot—60 foot street Minimum 80 foot right-of-way*</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Curb Length.</text> <paragraph num="(1)"> <text>The minimum curb length between entrances is 40 feet, consisting of a 10-foot radius—20-foot tangent—10-foot radius.</text> </paragraph> <paragraph num="(2)"> <text>The minimum tangent curb length between the radius point of the entrance and the property line is 10 feet.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Intersection Radius.</text> <paragraph num="(1)"> <text>At the intersection of a State highway with a minor road (county, municipal, etc.), the minimum radius shall be a 30-foot or equivalent three-centered compound curve and provide for increased safety and access for pedestrian and other intended traffic in a manner acceptable to SHA.</text> </paragraph> <paragraph num="(2)"> <text>At the intersection of a State highway with a State highway or other major arterial highway, the minimum radius shall be a 50-foot or equivalent three-centered compound curve and provide for increased safety and access for pedestrian and other intended traffic in a manner acceptable to SHA.</text> </paragraph> <paragraph num="(3)"> <text>At intersections with channelization providing for free right turns, the above-mentioned dimensions will be increased as directed by the State Highway Administration in accordance with accepted engineering practices.</text> </paragraph> <paragraph num="(4)"> <text>There shall be a minimum 20-foot tangent distance between the intersection radius and the first permitted entrance.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Paving. Paving within the State Highway Administration right-of-way, including storage lanes, bypass lanes, speed change lanes, crossovers, entrances proper, etc., shall be in accordance with current State Highway Administration paving specifications or as stipulated in the permit, or both.</text> </paragraph> <paragraph num="I."> <text>Median Openings. The granting of a permit for access onto a dual type facility may not be construed to mean that an opening in the median will be permitted.</text> </paragraph> <paragraph num="J."> <text>Pump Island Location. In order that the entrances operate at maximum efficiency, it is recommended that the roadside face of the pump island of filling stations be set a minimum of 12 feet, preferably 15 feet, from the property line. Pump setback lines are subject to the regulations of the pertinent local subdivision.</text> </paragraph> <paragraph num="K."> <text>Building Setback. In order that the entrances operate at maximum efficiency, it is recommended that the minimum desirable building setback line be 30 feet. Building setback lines are subject to the regulations of the pertinent local subdivision and appropriate design criteria.</text> </paragraph> <paragraph num="L."> <text>Angular Entrances. Angular entrances may not extend beyond the property line when paving a driveway to highway, or beyond access control limits. The point of control shall be the extension of the property line from its intersection at the existing State Highway Administration right-of-way line normal or radial to the edge of the pavement. One-way angular entrances shall be at 45 degrees.</text> </paragraph> <paragraph num="M."> <text>Ditch Cross Sections. Ditch cross sections shall be in accordance with current adopted State Highway Administration criteria.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Subdivisions, Street Location, and Alignment Requirements."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>Roads or streets leading through a subdivision or development and making connection with a State or principal highway will be known under these regulations as “nonpreference roads”.</text> </paragraph> <paragraph num="(2)"> <text>State highways or principal roads will be known as “preference roads”.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Nonpreference roads leading into or intersecting preference roads are limited to a distance of 750 feet between center lines.</text> </paragraph> <paragraph num="C."> <text>The angle of intersection with preference roads shall be not less than 70 degrees or greater than 110 degrees.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Grade Requirements."> <paragraph num="A."> <text>The gradients of intersecting streets should be as flat as possible on those sections that are to be used for storage space for stopped vehicles. Grades in excess of 2 percent may not be allowed on the landing grade (first 50 feet) of intersecting streets, unless otherwise approved by the Administration. This allows for a normal maximum grade break of 5 percent between the normal 2 percent preference road cross slope and the profile grade of the nonpreference road. Grades beyond the landing grade shall be in accordance with currently accepted engineering practices, but may not exceed 6 percent. In all cases, appropriate cross slopes provide a maximum 2 percent cross slope for pedestrian mobility in a manner acceptable to the Administration.</text> </paragraph> <paragraph num="B."> <text>The profile grade lines and cross sections on the nonpreference intersecting streets shall be designed to provide a smooth junction and proper drainage. Normally, the grade line of the major highway should be carried through the intersection, and that of the intersecting street should be adjusted to it.</text> </paragraph> <paragraph num="C."> <text>Commercial entrances shall be guided by the criteria in §§A and B, above. A minimum 40-foot landing grade may not exceed 3 percent. For sites smaller than 1/2 acre and low traffic generators, grades up to 6 percent are allowed. An approved grade may not exceed 6 percent, with a maximum grade break of 8 percent allowed between the State highway and the entrance profile grade.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="General Information."> <paragraph num="A."> <text>Plans for commercial sites should be submitted to the Administration for review after the developer takes an option or acquires title to the property. The Administration will review the tentative plans and inform the prospective developer whether or not the plans as submitted comply with the duly promulgated regulations of the State Highway Administration.</text> </paragraph> <paragraph num="B."> <text>The permittee or owner is responsible for carrying storm water to an outfall in a manner acceptable to the State Highway Administration. Acceptable outfalls, and their associated contributing drainage facilities, shall meet the design criteria set forth by the Administration. Storm water management plans shall address, treat, and manage both on-site improvements and roadway improvements within State right of way to the Administration's satisfaction. In cases where the proposed site storm drainage facilities:</text> <paragraph num="(1)"> <text>Are not tied into existing highway drainage facilities, storm water management plans should be reviewed and approved by a county, a soil conservation district, or the State Water Resources Administration, or all of these. The discharge rate after development may not exceed the rate before development for the 2-, 10-, and, in some instances, the 100-year storm events. The State Highway Administration will institute legal proceedings upon being damaged by increased storm water runoff to recover any costs and to avoid recurrence.</text> </paragraph> <paragraph num="(2)"> <text>Connect to existing State facilities, the proposed storm water management plans shall be reviewed by the State Highway Administration following their approval by a county, a soil conservation district, or the State Water Resources Administration, or all of these. The State will review the proposed facilities based on the design-year storm of the existing State facilities. For example, State highway cross culvert outfalls will be analyzed using the functional classification storm, State side ditch outfalls on the 10-year storm, State longitudinal storm drain outfalls on the 25-year storm, etc.</text> </paragraph> <paragraph num="(3)"> <text>All work occurring within a critical area shall require a review and approval by the Critical Area Commission (CAC), and such approval shall be provided to the Administration before the work begins.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Information which is required to determine properly the effect of proposed drainage facilities on existing highway drainage facilities is as follows:</text> <paragraph num="(1)"> <text>A map showing the drainage areas contributing to the proposed drainage facilities and the drainage areas contributing to the existing highway drainage facilities which are affected. When photogrammetry coverage is available, these maps are the most desirable for presenting this information. When there is no photogrammetry available, U.S. Geological Survey Quadrangle Maps, if possible enlarged to at least a scale of 1 inch = 500 feet, are the next choice.</text> </paragraph> <paragraph num="(2)"> <text>Current zoning information, preferably presented in map form, covering the entire drainage areas involved.</text> </paragraph> <paragraph num="(3)"> <text>Grading plans, if the project is part of a residential or commercial development.</text> </paragraph> <paragraph num="(4)"> <text>Plans of the proposed drainage construction, identifying each pipe or other structure involved.</text> </paragraph> <paragraph num="(5)"> <text>A profile of the proposed drainage construction, extending sufficiently into the Administration right-of-way so that differences in survey data between Administration construction plans and the proposed improvement can be clearly established. When the existing drainage facilities are of considerable age, the profile should be extended to cover all affected facilities within the State Highway Administration right-of-way. Profiles of proposed storm drain systems should include inlet grate elevations and manhole cover elevations, in addition to invert elevations.</text> </paragraph> <paragraph num="(6)"> <text>Hydraulic calculations in accordance with currently accepted engineering practices.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If traffic conditions demand the modification of existing signals or other traffic control devices or the erection of new signals or other traffic control devices at private (commercial) access points, erection and maintenance are the responsibility of the permittee or other responsible parties. The State Highway Administration assumes no obligation, financial or otherwise, for erection or maintenance.</text> </paragraph> <paragraph num="E."> <text>Entrance Approval. Administration approval of entrances should be obtained before finalizing the development plans and making application to the local authorities for a building permit.</text> </paragraph> <paragraph num="F."> <text>Entrances onto highways can only function to the degree of efficiency that the interior traffic pattern permits. Therefore, in developing the site plan, every effort should be made to employ accepted traffic engineering principles in designating the interior traffic pattern.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 14, 1975 (2:10 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.10 to 11.04.05</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)</annotation> </annotations> </chapter> <chapter num="06" heading="Residential Entrance Permits"> <regulation prefix="Regulation" num=".01" heading="Procedure for Obtaining Permit."> <paragraph num="A."> <text>Work within the State right-of-way may not be undertaken until a permit has been issued by the State Highway Administration.</text> </paragraph> <paragraph num="B."> <text>An individual or corporation desiring to construct an entrance to serve a private residence shall make written application, transmitted by methods as determined acceptable by the Administration, in the form prescribed in these regulations, to the appropriate office listed below:</text> </paragraph> <paragraph num="B-1."> <text>Addresses may be posted on the Administration's website.</text> </paragraph> <paragraph num="C."> <text>Application. Applications shall be submitted in duplicate on forms provided by the Administration, or by other methods as determined acceptable by the Administration.</text> </paragraph> <paragraph num="D."> <text>Plans. If the entrance is proposed to be built in substantial similarity to typical entrance designs available from the Administration, plans are not required. The number of the appropriate plan should be indicated on the application forms. If plans are required, submit three copies drawn to appropriate scale (recommended scale is 1 inch = 20 feet).</text> </paragraph> <paragraph num="E."> <text>Performance Surety.</text> <paragraph num="(1)"> <text>To ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee may be required to submit a performance bond, letter of credit, or certified check in the amount of 150 percent of the cost estimated for the construction for each entrance. The estimate must be acceptable to the Administration.</text> </paragraph> <paragraph num="(2)"> <text>If a surety is submitted, the Administration shall be designated as the obligee, and the permittee as principal.</text> </paragraph> <paragraph num="(3)"> <text>If a certified check is submitted, the check shall be made payable to the State Highway Administration.</text> </paragraph> <paragraph num="(4)"> <text>The permittee shall inform the State Highway Administration's resident maintenance engineer when work within the State's right-of-way is completed. Upon formal approval, the performance bond, letter of credit, or posted funds shall be returned to the permittee.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Utility Adjustment. The permittee shall relocate or have relocated all utilities which are within the paving and in front of the curbs to be constructed under the permit. The permittee shall obtain, from the appropriate party or agency, all other permits or approvals necessary to conform to the requirements of the permit.</text> </paragraph> <paragraph num="G."> <text>Engineering Fee. In connection with the processing of applications, an engineering fee determined by the Administration may be charged for each point of access and offsite improvement beyond the first point of access. No engineering fee may be charged for the first access to a single residential property.</text> </paragraph> <paragraph num="H."> <text>Inspection Cost.</text> <paragraph num="(1)"> <text>At the discretion of the Administration, a State highway construction inspector may be assigned to inspect the work stipulated in the permit. The cost of the inspection shall be the responsibility of the permittee and shall be submitted before a permit is issued.</text> </paragraph> <paragraph num="(2)"> <text>If the cost of the inspection, including any necessary laboratory work, is expected to exceed $5,000, the cost shall be paid in advance. The cost shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Standards and Specifications."> <paragraph num="A."> <text>All work and materials shall conform to Administration construction specifications, standards, and addenda current at the time of the permit grant.</text> </paragraph> <paragraph num="B."> <text>All work is subject to periodic inspection and final approval by the Administration.</text> </paragraph> <paragraph num="C."> <text>The number and location of entrances which may be granted shall be based on usage, interior and exterior traffic patterns, and current design policy of the Administration.</text> </paragraph> <paragraph num="D."> <text>Circular drives (ingress and egress point connected by a common driveway) require a minimum frontage of 100 feet.</text> </paragraph> <paragraph num="E."> <text>The minimum width of a residential entrance is 10 feet, and the maximum width is 20 feet, unless otherwise permitted by the district engineer. Any exception shall be made by a permit, signed by the district engineer.</text> </paragraph> <paragraph num="F."> <text>Existing sidewalks, curb, and gutter disturbed by construction shall be replaced in kind to the alignment and grade specified by authorized Administration personnel in a manner acceptable to the Administration.</text> </paragraph> <paragraph num="G."> <text>Positive drainage shall be maintained. Minimum pipe size is 18 inches or equivalent elliptical pipe. An end section or end walls, required by the resident maintenance engineer, shall be installed at the ends of the pipe. All pipes shall be State-approved or certified. Drainage pipes shall be located as far as practicable from the edge of a travelled lane to reduce the hazard to traffic. The minimum desirable distance is 30 feet. When pipe headwalls for other physical obstructions are placed within the clear zone, they shall be protected by guardrails or other appropriate barrier system.</text> </paragraph> <paragraph num="H."> <text>Paving.</text> <paragraph num="(1)"> <text>Area with Existing Sidewalks and Concrete Curb and Gutter. Paving shall consist of 6 inches Portland cement concrete on a suitable subbase.</text> </paragraph> <paragraph num="(2)"> <text>Area Without Sidewalks and Concrete Curb and Gutter. Paving shall consist of 3-1/2 inches bituminous concrete (2 inch base, 1-1/2 inch surface) on 6 inches crusher run stone or 6 inches selected backfill. Variance to suit the conditions and locale may be made by a permit, signed by the district engineer.</text> </paragraph> </paragraph> <paragraph num="I."> <text>If the roadway is on an embankment and the roadway is not provided with existing standard traffic barriers along the roadway embankment, the driveway or embankment side slope shall be as flat as possible to reduce the hazard to traffic. The minimum desirable embankment side slope shall be 10:1 within 30 feet of the edge of the travelled lane or to the right-of-way line, whichever is less.</text> </paragraph> <paragraph num="J."> <text>Mailboxes.</text> <paragraph num="(1)"> <text>Mailboxes erected within the State Highway Administration's right-of-way shall be placed on a break-away type post or support.</text> </paragraph> <paragraph num="(2)"> <text>The maximum size wooden post shall be 4 × 4 inches. The maximum size pipe type support shall be 2 inches in diameter. Any other type of support, ornamental or otherwise, may not have a structural strength greater than either of the two items listed above.</text> </paragraph> <paragraph num="(3)"> <text>The property owner shall be directed to remove any mailbox support of a size greater than that listed above, and if not removed by the property owner, it shall be removed by the State Highway Administration's forces.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c),(i), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: May 14, 1975 (2:10 Md. R. 757)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.09 to 11.04.06</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective December 18, 1995 (22:25 Md. R. 1963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B—E amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01G amended effective February 1, 2016 (43:2 Md. R. 128)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F amended effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .04 repealed effective September 3, 1990 (17:17 Md. R. 2082)</annotation> </annotations> </chapter> <chapter num="07" heading="Control and Use of Rest Areas"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>These regulations apply to all welcome centers, rest areas, scenic overlooks, roadside picnic areas, and other public use areas within interstate and State highway rights-of-way, and shall be posted on the bulletin board of each public use area.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Signing of Register."> <text>All visitors to welcome centers are asked to sign the register.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Parking."> <text>Parking is permitted only in designated areas.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Litter."> <paragraph num="A."> <text>Picnic and travel litter may be disposed of only in the containers provided for that purpose.</text> </paragraph> <paragraph num="B."> <text>Visitors are asked to use recycling containers where provided.</text> </paragraph> <paragraph num="C."> <text>Litter, trash, or garbage from other sources may not be disposed of in rest area containers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fires."> <text>Fires are permitted only in designated areas and containers. The visitor shall extinguish all fires before leaving. Brush and forest fires must be prevented. Visitors shall extinguish totally all cigars, cigarettes, and matches.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Pets."> <paragraph num="A."> <text>Pets shall be on leashes at all times. Except for service animals used by people with disabilities, pets are not permitted in buildings.</text> </paragraph> <paragraph num="B."> <text>Water outlets may not be used to bathe pets.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Length of Time for Use."> <text>Visitors may not use an area for more than 3 hours without a permit from the caretaker or the Maryland State Police.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Commercial Vehicles."> <text>Commercial vehicles may not use the areas for interchanging, loading, unloading, servicing, or other commercial activities.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Unattended Vehicles."> <text>Vehicles left unattended for more than 3 hours, without permission of the Maryland State Police or the caretaker, will be towed away at the expense and risk of the owner.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Alcoholic Beverages."> <text>Consumption of alcoholic beverages is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Camping and Overnight Parking."> <text>Camping and overnight parking are prohibited.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Firearms and Fireworks."> <text>The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Gambling."> <text>Gambling is prohibited. This regulation does not apply to State lottery terminals.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Blocking."> <text>Interfering with or blocking any drive, path, walk, building, or area is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".15" heading="Loitering."> <text>Loitering in or around toilet facilities is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Vandalizing, Defacing, Misusing, or Damaging the Area."> <text>Vandalizing, defacing, misusing, or damaging any man-made or natural part of the area is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".17" heading="Public Demonstration."> <text>Public demonstration or oration is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".18" heading="Throwing Objects."> <text>Throwing stones or other objects is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".19" heading="Uncivil Acts."> <text>Uncivil language, gestures, and acts are prohibited.</text> </regulation> <regulation prefix="Regulation" num=".20" heading="Breach of Peace."> <text>Any act amounting to breach of the peace is prohibited.</text> </regulation> <regulation prefix="Regulation" num=".21" heading="Commercial Activities."> <text>Unless duly authorized by the State Highway Administration, the following commercial activities are prohibited:</text> <paragraph num="A."> <text>Selling or advertising;</text> </paragraph> <paragraph num="B."> <text>Posting notices or signs;</text> </paragraph> <paragraph num="C."> <text>Hiring, leasing, or letting out merchandise;</text> </paragraph> <paragraph num="D."> <text>Displaying or exhibiting merchandise.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Administration Employee Witnessing Infraction."> <text>A State Highway Administration employee or contractual employee, who witnesses an infraction of these regulations, shall immediately contact the Maryland State Police and request assistance, if the infraction would not otherwise be reported or corrected.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 4, 1976 (3:3 Md. R. 153)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.11 to 11.04.07</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)</annotation> </annotations> </chapter> <chapter num="08" heading="Junkyard Licensing and Control"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>"Center line of highway" means a line equidistant from the outer edges of the median separating the main traveled ways of a divided highway, or the painted center line of the main traveled way of a nondivided highway, or a line equidistant from the outer edges of the paved surface of a nondivided highway on which no center line is painted.</text> </paragraph> <paragraph num="(3)"> <text>“Distance from highway to junkyard” means the distance from a highway to the nearest edge of actual junkyard operations, on the perpendicular to the center line of the highway.</text> </paragraph> <paragraph num="(4)"> <text>“Existing junkyard” means a junkyard which was established, maintained, and operated as of a certain date. It includes a junkyard which was established, maintained, and operated at a different location on that date, but which has been relocated under Transportation Article, §8-809(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Illegal junkyard” means a junkyard or portion of a junkyard that was established or is maintained in violation of State law, except that a “nonconforming junkyard” is not an “illegal junkyard”.</text> </paragraph> <paragraph num="(6)"> <text>“Interstate highway” means a State highway that is part of the natural interstate system, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code.</text> </paragraph> <paragraph num="(7)"> <text>“Junkyard” means an establishment or place of business described in Transportation Article, §8-801(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Main traveled way” means that part of the highway that is used for the movement of vehicles and on which through-traffic is carried. It excludes shoulders and any frontage roads, turning roadways, parking areas, or similar facilities. In the case of a divided highway, the “main traveled way” is that part of each of the separated roadways that is used for the movement of vehicles and on which through-traffic is carried in opposite directions.</text> </paragraph> <paragraph num="(9)"> <text>“Nonconforming junkyard” means a junkyard or portion of a junkyard that was lawfully established (including one that was established on or before January 1, 1968), but that: because of a change in ordinances, laws, or regulations; because of new highway construction; because of a zoning change or reclassification of a highway as an interstate or primary highway; or because of some similar change in conditions not attributable to the junkyard owner or operator; does not comply with current provisions (for example, current provisions governing the location and screening of junkyards).</text> </paragraph> <paragraph num="(10)"> <text>“Owner or operator” means the person who has control over the maintenance and operations of a junkyard.</text> </paragraph> <paragraph num="(11)"> <text>“Person” means:</text> <paragraph num="(a)"> <text>An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;</text> </paragraph> <paragraph num="(b)"> <text>Any partnership, firm, association, public or private corporation, or other entity; and</text> </paragraph> <paragraph num="(c)"> <text>Unless the context requires otherwise, the State, any county, municipal corporation, or other political subdivision of the State, and any of their agencies or units.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Primary highway” means a State highway that is designated as such by the Administration, with the approval of the Secretary of Transportation, and that has been approved by the United States Secretary of Transportation under Title 23 of the United States Code.</text> </paragraph> <paragraph num="(13)"> <text>“Section” means the Outdoor Advertising Section within the Administration.</text> </paragraph> <paragraph num="(14)"> <text>“Visible” means capable of being seen without visual aid by a person of normal eyesight.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Responsibility."> <text>The Section, under the direction of its designated chief, has charge of the licensing of junkyards under the law, and conducts all surveillance and enforcement activities under the law and the regulations.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Junkyard License."> <text>The following regulations govern the Section in licensing existing and new junkyards under Transportation Article, Title 8, Subtitle 8, Annotated Code of Maryland:</text> <paragraph num="A."> <text>Application.</text> <paragraph num="(1)"> <text>An applicant for an initial or renewed junkyard license shall apply on a form furnished by the Section.</text> </paragraph> <paragraph num="(2)"> <text>Signature. The applicant or his duly authorized agent shall sign the application form.</text> </paragraph> <paragraph num="(3)"> <text>Attachments. The applicant shall attach to the completed application form all of the following:</text> <paragraph num="(a)"> <text>Plan drawings of the proposed new junkyard or addition to an existing junkyard, prepared on a scale no smaller than 50 feet = 1 inch, showing the following:</text> <paragraph num="(i)"> <text>The boundary lines of the proposed new junkyard or addition to the existing junkyard, the center line and the right-of-way lines to any interstate or primary highway in the vicinity, and the distances between the proposed junkyard or addition and the highway at appropriate points, and</text> </paragraph> <paragraph num="(ii)"> <text>The location and details of any proposed screening;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A general location map;</text> </paragraph> <paragraph num="(c)"> <text>A permit or certificate from any local authority that has jurisdiction over the area where the junkyard is located and that has passed any zoning law or ordinance for the area, approving the location of the proposed junkyard or addition and indicating the zoning of that location.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Approval for Expansion of Licensed Junkyard. A person proposing to expand a previously licensed junkyard need not submit the application form mentioned in this section, or the license fee mentioned in §C, of this regulation, but he shall submit the information specified in §A(3), of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Preliminary Submission. An applicant may, with the approval of the Section, submit a basic plan or concept for review and comment, before submitting a formal application and plan drawings.</text> </paragraph> <paragraph num="C."> <text>License Fee.</text> <paragraph num="(1)"> <text>An applicant for an initial or renewed junkyard license shall submit with his application a license fee in the amount stated below.</text> </paragraph> <paragraph num="(2)"> <text>Annual Fee. The annual fee for an initial or renewed junkyard license is $100.</text> </paragraph> <paragraph num="(3)"> <text>License Year. The license year extends from January 1 through the following December 31. Every license expires at the end of the license year.</text> </paragraph> <paragraph num="(4)"> <text>Proration of Fee.</text> <paragraph num="(a)"> <text>If an initial license is issued in any month after January, the Section shall prorate the license fee.</text> </paragraph> <paragraph num="(b)"> <text>The Section may not prorate the fee for a renewed license.</text> </paragraph> <paragraph num="(c)"> <text>Prorated fees for initial licenses issued after January 31 are</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Refund of Fee on Denial of Application. If a the Section denies an application for an initial or renewed license, it shall return the license fee and all application attachments to the applicant, together with a statement of reasons for the denial.</text> </paragraph> <paragraph num="(6)"> <text>Exemption. A State, county, municipal, or public organization or agency applying for an initial or renewed license is exempt from the requirement of a license fee, but is subject to all other requirements imposed by this chapter, or by State laws dealing with the licensing and control of junkyards.</text> </paragraph> <paragraph num="(7)"> <text>No refund If License Revoked. The Section may not refund any part of the license fee upon revocation of a license.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Revocation of License. If a junkyard license is issued or renewed on the basis that the junkyard is screened so as not to be visible from the main traveled way of any existing interstate or primary highway, the Section shall revoke the license if it subsequently determines that screening fails for any reason to effectively block the view of the junkyard from the main traveled way of that interstate or primary highway. Before the Section revokes a license, it shall notify the owner or operator of the junkyard and give him a reasonable opportunity to correct any deficiencies in screening.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Screening."> <text>The following requirements apply to all screening that is designed to block the view of a junkyard from the main traveled way of an interstate or primary highway.</text> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>When the Section requires screening as a condition to the issuance of a license, the junkyard owner or operator shall create an effective screen by planting, by the use of an architectural screen, or by a combination of the two.</text> </paragraph> <paragraph num="(2)"> <text>The screen shall block the view of the junkyard from any point on the main traveled way of any interstate or primary highway.</text> </paragraph> <paragraph num="(3)"> <text>Plantings and architectural screens shall be outside the highway right-of-way and shall be located or installed so as not to be a hazard to the traveling public.</text> </paragraph> <paragraph num="(4)"> <text>The junkyard owner or operator shall bear the cost of all plantings and architectural screens.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Planting Screen Requirements.</text> <paragraph num="(1)"> <text>Plantings shall consist of trees, shrubs, or other vegetation of such size and density that they will completely screen the junkyard from the view of the traveling public.</text> </paragraph> <paragraph num="(2)"> <text>The junkyard owner or operator shall obtain the approval of the Section for the location, size, and variety of screen plantings.</text> </paragraph> <paragraph num="(3)"> <text>The Section normally approves major shade trees (large deciduous varieties) having a planting size of 2 1/2 to 4 inches in caliper. Acer (maple), Quercus (oak), Fraxinus (ash), and Celtis occidentalis (hackberry) are varieties the Section considers most desirable.</text> </paragraph> <paragraph num="(4)"> <text>The Section normally approves minor trees (small deciduous varieties) having a planting size of 5 to 10 feet in height. Acer campestre and Acer ginnala (hedge and armur maple), Crataegus (hawthorn), Salix (laurel willow), and Malus (crabapple) are varieties the Section considers most desirable.</text> </paragraph> <paragraph num="(5)"> <text>The Section normally approves evergreen trees having a planting size of 5 to 12 feet in height. Juniperus virginiana (red cedar), Pinus (pine--white, Scotch, Japanese black), Picea abies (Norway spruce), and Thuja (arborvitae) are varieties the Section considers most desirable.</text> </paragraph> <paragraph num="(6)"> <text>Shrubs.</text> <paragraph num="(a)"> <text>The Section normally approves shrubs having a planting size of 4 to 5 feet in height. Viburnum, Cornus (shrub dogwood), Elaeagnus (olive), Euonymus alatus (winged euonymus), forsythia, Ligustrum (privet), and Lonicera (honeysuckle) are varieties the Section considers most desirable.</text> </paragraph> <paragraph num="(b)"> <text>The Section normally requires that spacing for shrubs be from 2 to 5 feet on centers.</text> </paragraph> <paragraph num="(c)"> <text>The Section normally requires multiple rows of shrubs.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Architectural Screen Requirements.</text> <paragraph num="(1)"> <text>An architectural screen may consist of an earth mound, wall, or fence, or of a combination of one or more of these structures with plantings.</text> </paragraph> <paragraph num="(2)"> <text>Earth mounds shall be graded and rounded to a reasonably natural appearance, to blend with the existing landscape, and shall be planted with grass, ground cover, or other plant material.</text> </paragraph> <paragraph num="(3)"> <text>Walls shall consist of concrete block, brick, stone, or other material approved by the Section, and their size and appearance shall be in keeping with the area in which they are located.</text> </paragraph> <paragraph num="(4)"> <text>Fences.</text> <paragraph num="(a)"> <text>Fences shall be well constructed of wood, metal, or other material approved by the Section, and all fencing used to screen a particular junkyard shall be uniform in appearance.</text> </paragraph> <paragraph num="(b)"> <text>If the composition of a fence requires that the fence be painted, the color of any paint shall blend into the surrounding environment.</text> </paragraph> <paragraph num="(c)"> <text>Gates in a fence shall be of the same height and material as the fence itself and shall be kept closed when the junkyard is not in operation.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The owner or operator of a junkyard may not place or permit anyone else to place an advertisement on a wall or fence used to screen the junkyard.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Maintenance of Screening.</text> <paragraph num="(1)"> <text>The junkyard owner or operator shall maintain a planting or architectural screen which makes his junkyard not visible from the highway.</text> </paragraph> <paragraph num="(2)"> <text>Plantings shall be kept in a live, healthy condition. Plants not in a live, healthy condition shall be replaced.</text> </paragraph> <paragraph num="(3)"> <text>Walls and fences shall be kept in good order and repair, acceptable to the Section.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Enforcement."> <paragraph num="A."> <text>The Administration may take action, as follows, against a nonconforming or an illegal junkyard.</text> </paragraph> <paragraph num="B."> <text>Action That May Be Taken.</text> <paragraph num="(1)"> <text>Nonconforming Junkyards. In addition to actions that the Administration is required to take against nonconforming junkyards by Transportation Article, §8-809, Annotated Code of Maryland, and in order to avoid the necessity of taking action under that section, the Administration may take one of the following actions against a nonconforming junkyard:</text> <paragraph num="(a)"> <text>If the junkyard is licensed, the Section may revoke its license;</text> </paragraph> <paragraph num="(b)"> <text>The Administration may recycle the junk in any nonconforming portion of the junkyard and then close that portion.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Illegal Junkyards. When the Section determines that a junkyard is illegal, it may take either of the following legal actions:</text> <paragraph num="(a)"> <text>It may apply, in the name of the Administration, to a court of equity in the county in which the illegal junkyard is located, for an injunction; or</text> </paragraph> <paragraph num="(b)"> <text>It may apply, in the name of the Administration, to the State's Attorney for the county in which the illegal junkyard is located, to institute criminal proceedings in accordance with Transportation Article, §8-812(b), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 14, 1977 (4:19 Md. R. 1470)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.04.13 to 11.04.08</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)</annotation> </annotations> </chapter> <chapter num="09" heading="Bicycles"> <regulation prefix="Regulation" num=".01" heading="Smooth Surface."> <text>A bike lane or shoulder shall be considered to have a smooth surface if that surface has a texture equal to or better than the adjacent roadway, and if the surface contains undulations which are no larger than the adjacent roadway.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §21-1205.1(b)(3), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 19, 1979 (6:21 Md. R. 1709)</annotation> </annotations> </chapter> <chapter num="10" heading="Specific Information or Business Signs"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>The following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Business” means the provider of one of the four services (gas, food, lodging, and camping).</text> </paragraph> <paragraph num="(3)"> <text>“Drive-in” means a food business that provides stalls for which customers in vehicles can park, order, and eat food.</text> </paragraph> <paragraph num="(4)"> <text>“Expressway” means a major highway of two or more traffic lanes in each direction that is designed to eliminate principle traffic hazards and has the following characteristics:</text> <paragraph num="(a)"> <text>A median divider separating opposing traffic lanes to eliminate head-on collisions and side-swiping;</text> </paragraph> <paragraph num="(b)"> <text>Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;</text> </paragraph> <paragraph num="(c)"> <text>Points of entrance and exit limited to predetermined locations;</text> </paragraph> <paragraph num="(d)"> <text>Vertical curves long enough to provide long sight distances; and</text> </paragraph> <paragraph num="(e)"> <text>Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Generic motorist services symbols” means blue signs upon which white symbols are placed to indicate the presence of gas, food, lodging, or camping.</text> </paragraph> <paragraph num="(6)"> <text>“Gore” means the point at which the ramp roadway leaves the mainline roadway.</text> </paragraph> <paragraph num="(7)"> <text>“Logos” means the individual business trademarks.</text> </paragraph> <paragraph num="(8)"> <text>“Mainline” means the through roadway of the highway.</text> </paragraph> <paragraph num="(9)"> <text>“Ramp” means the connecting roadway between the mainline and the intersected road.</text> </paragraph> <paragraph num="(10)"> <text>“Services” means the four basic motorist services of gas, food, lodging, and camping.</text> </paragraph> <paragraph num="(11)"> <text>“Stall” means a clearly defined space for parking a vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Applications."> <paragraph num="A."> <text>An application is available for business establishments desiring to take part in the specific services signing program from the SHA Office of Traffic and Safety, c/o Logo Coordinator, 7491 Connelley Drive, Hanover, MD 21076, as well as on marylandroads.com.</text> </paragraph> <paragraph num="B."> <text>An annual fee will cover all installation, maintenance, and administrative costs associated with this program, with a revised fee to be established as of July 1st of each year. The revised fee will be effective October 1 with respect to all new participants and renewals after that.</text> </paragraph> <paragraph num="C."> <text>Once the business establishment mails or otherwise delivers the completed application to the office and address noted in the application, the Administration will ascertain whether or not space exists along the highway for the posting of signs and that the business establishment meets the required criteria.</text> </paragraph> <paragraph num="D."> <text>The initial annual fee will be remitted by the business to the Administration upon approval of its application.</text> </paragraph> <paragraph num="E."> <text>The annual fee period will begin on the date of the sign installation, with annual renewals.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Requirements for All Signing."> <paragraph num="A."> <text>The specific services signing program applies only to expressways along the Maryland State highway system.</text> </paragraph> <paragraph num="B."> <text>Repealed.</text> </paragraph> <paragraph num="C."> <text>Logo signs are motorist information signs, therefore, advertising may not be permitted on the logo sign.</text> </paragraph> <paragraph num="D."> <text>Placement and Maintenance of Logo Signs.</text> <paragraph num="(1)"> <text>The ability to place and maintain logo signing at a particular interchange is dependent upon the space available along the mainline and the space along the ramp to the intersected highway and other safety considerations.</text> </paragraph> <paragraph num="(2)"> <text>At those locations where insufficient space is available for the use of logo signs, such as in urban and suburban locations, the Administration will place and maintain at its cost the generic motorist services symbols.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Specific services signs may not be considered for placement at those interchanges which do not provide direct re-entry to the mainline.</text> </paragraph> <paragraph num="E-1."> <text>Number of Logo Signs.</text> <paragraph num="(1)"> <text>Specific service signing is limited to no more than ten logos per service per direction per interchange.</text> </paragraph> <paragraph num="(2)"> <text>A specific service sign is limited to six logos.</text> </paragraph> <paragraph num="(3)"> <text>If there are more than six eligible logos for a service, the Administration may display up to four additional logos if:</text> <paragraph num="(a)"> <text>On a new service sign the number and placement of signs is consistent with §§M—O of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>On an existing service sign, at least two logo spaces remain available after additional logos are displayed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Business to Provide Logo Sign Plates.</text> <paragraph num="(1)"> <text>The business establishment will be responsible for providing logo sign plates to the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>The logo sign plates shall follow State Highway Administration specifications with regard to sign material and fabrication. These specifications will be forwarded to the business upon approval of the application.</text> </paragraph> <paragraph num="(3)"> <text>Before the manufacture of the logo sign plate, the business shall submit to the Administration a layout plan of their proposed logo for approval.</text> </paragraph> <paragraph num="(4)"> <text>Alterations may not be allowed to the logo sign once installed. Any subsequent change in the logo design will require Administration approval, and logo plates of the new design shall then be provided to the Administration.</text> </paragraph> </paragraph> <paragraph num="G."> <text>All sign maintenance activities will be performed at the discretion of the Administration. Maintenance will be performed by the Administration or its contractors.</text> </paragraph> <paragraph num="H."> <text>Eligible service establishments may not discriminate on the basis of race, religion, sex, nationality, or creed.</text> </paragraph> <paragraph num="I."> <text>Eligible service establishments shall conform with all applicable State and local laws with regard to licensing and operation.</text> </paragraph> <paragraph num="J."> <text>Logos will be placed on specific services signs on the basis of those establishments closest to the interchange.</text> </paragraph> <paragraph num="K."> <text>In those instances in which the maximum capacity of the specific services signs has been reached and an additional qualified business is established closer to the interchange, the following procedure will be effective:</text> <paragraph num="(1)"> <text>The logo for the newer qualifying business shall be placed on the sign and the existing logo of the establishment farthest from the interchange shall be removed;</text> </paragraph> <paragraph num="(2)"> <text>The removal will occur on the anniversary date and there will be no refund of any fees paid.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Changes in service resulting in non-compliance with the requirements of this program will result in notification that signs shall be removed if the situation is not corrected within 30 days. There shall be no refund of fees under these circumstances.</text> </paragraph> <paragraph num="M."> <text>Spacing between mainline signs shall be at least 800 feet and spacing between ramp signs shall be at least 100 feet.</text> </paragraph> <paragraph num="N."> <text>Distance from gore to the first ramp sign shall be at least 100 feet.</text> </paragraph> <paragraph num="O."> <text>Measurements to services are referenced to the gore, or if more than one, to the first gore.</text> </paragraph> <paragraph num="P."> <text>Specific services signs are not advertising signs but are traffic control devices. Local zoning regulations may not apply.</text> </paragraph> <paragraph num="Q."> <text>Specific services signs and generic motorist services symbols may be used at the same intersection. However, for any one specific service type, both logos and generic motorist services symbols may not be used.</text> </paragraph> <paragraph num="R."> <text>In the event that specific services signs are not sought at a qualifying interchange, the generic motorist services symbols shall be used. Should one or more business at a qualifying interchange opt for a specific services sign, the generic motorist services symbols for that type of service or services shall then be removed. However, the generic motorist services symbols for the other service or services will remain.</text> </paragraph> <paragraph num="S."> <text>In deciding the distance and routing to a particular service where two or more interchanges are closely spaced, the interchange best serving the public through better road alignment, higher class highway, and more direct access will be used for the placing of the specific services signing. Along any one highway only one access point shall be signed for any one specific service establishment per direction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Specific Conditions for Gas Signing."> <paragraph num="A."> <text>Signing for gas shall be limited to those business establishments within 1 mile from the gore of the associated off-ramp.</text> </paragraph> <paragraph num="B."> <text>Repealed.</text> </paragraph> <paragraph num="C."> <text>The business establishment shall provide vehicle services to include fuel, oil, and water.</text> </paragraph> <paragraph num="D."> <text>The business establishment shall include restroom facilities and public drinking water.</text> </paragraph> <paragraph num="E."> <text>The business establishment shall be in continuous operation 16 or more hours per day and 7 days per week.</text> </paragraph> <paragraph num="F."> <text>The business establishment shall have a telephone available for public use.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Specific Conditions for Food Signing."> <paragraph num="A."> <text>Signing for food shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.</text> </paragraph> <paragraph num="B."> <text>Repealed.</text> </paragraph> <paragraph num="C."> <text>The business establishment shall be open for continuous operation serving at least 14 hours a day, at least 6 days a week and be opened not later than 7 a.m., except as noted in §§D and E of this regulation.</text> </paragraph> <paragraph num="D."> <text>If the logo sign has less than the number of permitted logo plates, as described in regulation .03 E-1 of this chapter, a business establishment that is open continuously serving at least 8 hours a day, at least 6 days a week and opening no later than 11 a.m. may be approved for placement under the conditions of this regulation.</text> </paragraph> <paragraph num="E."> <text>If a business open for continuous operation as described in §C of this regulation applies for space on a full logo sign that has logo plates displayed for businesses approved under §D of this regulation, the business approved under §D of this regulation that is the farthest from the interchange shall be removed as provided in Regulation .03K(1) and (2) of this chapter.</text> </paragraph> <paragraph num="F."> <text>The business establishment shall have a telephone available for public use.</text> </paragraph> <paragraph num="G."> <text>Except as provide in §H of this regulation, the business establishment shall have a minimum seating capacity for 20 persons.</text> </paragraph> <paragraph num="H."> <text>Drive-ins shall have a minimum of 10 stalls.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Specific Conditions for Lodging Signing."> <paragraph num="A."> <text>Signing for lodging shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.</text> </paragraph> <paragraph num="B."> <text>Repealed.</text> </paragraph> <paragraph num="C."> <text>The business establishment shall have a minimum of ten rooms or units and shall be open the year round.</text> </paragraph> <paragraph num="D."> <text>The business establishment shall have a telephone available for public use.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Specific Conditions for Camping Signing."> <paragraph num="A."> <text>Signing for camping shall be limited to those business establishments within 15 miles from the gore of the associated off-ramp.</text> </paragraph> <paragraph num="B."> <text>Repealed.</text> </paragraph> <paragraph num="C."> <text>The campground shall have a minimum of ten camping spaces.</text> </paragraph> <paragraph num="D."> <text>The campground shall have adequate parking for each camping space.</text> </paragraph> <paragraph num="E."> <text>The campground shall have sanitary facilities.</text> </paragraph> <paragraph num="F."> <text>The campground shall have drinking water.</text> </paragraph> <paragraph num="G."> <text>The campground access shall be capable of accommodating vehicles and trailers during all weather conditions.</text> </paragraph> <paragraph num="H."> <text>The campground shall have a telephone available for public use.</text> </paragraph> <paragraph num="I."> <text>The campground may not be closed to public use other than for a single period of up to 120 consecutive days between November 1 and April 1.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 24, 1984 (11:19 Md. R. 1666)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)</annotation> </annotations> </chapter> <chapter num="11" heading="Overweight Vehicle Permits for Certain Containerized Cargo Hauling"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>The following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>"Containerized cargo" means manifested international freight in a sealed, seagoing container that is heading to or egressing the Port of Baltimore.</text> </paragraph> <paragraph num="(3)"> <text>“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Unit” means the Hauling Permits Unit located within the Motor Carrier Division at the Maryland State Highway Administration's Office of Traffic and Safety.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Permits Available."> <text>A person may move an indivisible load of containerized cargo under a containerized cargo permit.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Determination of an Indivisible Load."> <text>A truck tractor-semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a sealed, seagoing container on a semitrailer is deemed to be carrying an indivisible load if:</text> <paragraph num="A."> <text>The vehicle does not exceed the following maximum gross vehicle weight or axle weight limits:</text> <paragraph num="(1)"> <text>22,400 pounds on a single axle;</text> </paragraph> <paragraph num="(2)"> <text>44,000 pounds on 2 consecutive axles at least 4 feet apart; or</text> </paragraph> <paragraph num="(3)"> <text>90,000 pounds gross vehicle weight; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>The maximum allowable gross weight limit is 80,000 pounds for a 20-foot container loaded on a 20-foot intermodal chassis, 90,000 pounds for a 20-foot container loaded on a 40-foot or longer intermodal chassis, and 90,000 pounds for a 40-foot container, provided that the:</text> <paragraph num="(1)"> <text>Vehicle is being operated only on the routes specified under Regulation .04 of this chapter, and other routes approved by the Unit and described in the permit;</text> </paragraph> <paragraph num="(2)"> <text>Vehicle is being operated in compliance with the permit issued under these regulations; and</text> </paragraph> <paragraph num="(3)"> <text>Original permit issued to the appropriate permittee is being carried in the vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Routes of Travel."> <text>A containerized cargo permit is valid for travel on all interstate highways in Maryland and the following routes under the jurisdiction of the State or the City of Baltimore only after the Secretary of Transportation has the results of studies and determines that use of permits issued under these regulations will not cause extraordinary damage to the roads and structures on the routes:</text> <paragraph num="A."> <text>Between the Dundalk Marine Terminal and the Maryland-Pennsylvania State Line as follows:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to Boston Street Exit 57, to north on Interstate Avenue, west on the O'Donnell Street Cut-Off to Interstate-895 Harbor Tunnel Thruway to Interstate-695 (Towson) to Harbor Tunnel Thruway to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania State Line;</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Pennsylvania State Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-895 Harbor Tunnel Thruway to the Holabird Avenue Exit East to travel south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Between the Dundalk Marine Terminal and the Maryland-Delaware State Line as follows:</text> <paragraph num="(1)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line;</text> </paragraph> <paragraph num="(2)"> <text>From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to the Keith Avenue Exit East to travel south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Between the CSX Intermodal Ramp and the Maryland-Pennsylvania State Line as follows:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the CSX Intermodal Ramp, west on Newgate Avenue, north on Newkirk Street to O'Donnell Street, east on O'Donnell Street to Interstate-895 Harbor Tunnel Thruway to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania State Line;</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Pennsylvania State Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-895 Harbor Tunnel Thruway to O'Donnell Street west to Newkirk Street, south on Newkirk Street to Newgate Avenue, east on Newgate to the CSX Intermodal Ramp.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Vail Street, south on Vail to Newgate Avenue, west on Newgate to the CSX Intermodal Ramp.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Between the CSX Intermodal Ramp and the Maryland-Delaware State Line as follows:</text> <paragraph num="(1)"> <text>From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 North to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line;</text> </paragraph> <paragraph num="(2)"> <text>From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to the Keith Avenue Exit East to travel south on Vail Street to Newgate Avenue, west on Newgate to the CSX Intermodal Ramp.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Between the South Locust Point Marine terminal and the Maryland-Pennsylvania State Line:</text> <paragraph num="(1)"> <text>From the South Locust Point Marine Terminal west on McComas Street to Interstate-95 South (Washington) to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;</text> </paragraph> <paragraph num="(2)"> <text>From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) to Key Highway Exit 55, east on McComas to the South Locust Point Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Between the South Locust Point Marine Terminal and the Maryland-Delaware State Line:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal west on McComas Street to south on Hanover/Potee Streets, east on Frankfurst Avenue north to I-895 Harbor Tunnel Thruway to Interstate-95 North (New York) to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line,</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to Interstate-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal to Interstate-95 North (New York), through the Fort McHenry Tunnel to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line,</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Intra-city routes between the Dundalk Marine Terminal and the South Locust Point Marine Terminal are as follows:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to Boston Street Exit 57, to north on Interstate Avenue, west on the O'Donnell Street Cut-Off to I-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal,</text> </paragraph> <paragraph num="(b)"> <text>From the South Locust Point Marine Terminal, west on McComas Street, south on Hanover/Potee Streets, east on Frankfurst Avenue to Interstate-895 Harbor Tunnel Thruway to east on O'Donnell Street, south on Interstate Avenue to Interstate-95 South, to east on Keith Avenue, south on Broening Highway to the Dundalk Marine Terminal;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal,</text> </paragraph> <paragraph num="(b)"> <text>From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Intra-city routes between the Dundalk Marine Terminal and Norfolk Southern Intermodal Ramp are as follows:</text> <paragraph num="(1)"> <text>From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street to Lombard Street, west on Lombard Street to the Norfolk Southern Intermodal Ramp opposite Oldham Street;</text> </paragraph> <paragraph num="(2)"> <text>From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South to the Keith Avenue Exit east to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Intra-city routes between the Dundalk Marine Terminal and the Port Covington CSX Railhead:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal north on Broening Highway, to west on Keith Avenue, to Interstate-95 North to O'Donnell Street Cut-Off, west on O'Donnell Street Cut-Off, to I-895 Harbor Tunnel Thruway, to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, to east on Cromwell Street, north on Charles Street to Port Covington CSX Railhead,</text> </paragraph> <paragraph num="(b)"> <text>From Port Covington CSX Railhead, south on Charles Street to west on Cromwell Street, south on Hanover/Potee Streets, to east on Frankfurst Avenue, to I-895 Harbor Tunnel Thruway, to O'Donnell Street Exit, east on O'Donnell Street Cut-Off to south on Interstate Avenue, to Interstate-95 South, to east on Keith Avenue, to south on Broening Highway to the Dundalk Marine Terminal;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the Dundalk Marine Terminal, north on Broening Highway to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, west on McComas Street to Hanover Street, south on Hanover Street to Cromwell Street, east on Cromwell Street to Charles Street, north on Charles Street to Port Covington CSX Railhead,</text> </paragraph> <paragraph num="(b)"> <text>From Port Covington, south on Charles Street to Cromwell Street, west on Cromwell Street to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to Interstate-95 North (New York), through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="J."> <text>Intra-city routes between the Dundalk Marine Terminal and the CSX Intermodal Ramp:</text> <paragraph num="(1)"> <text>From the Dundalk Marine Terminal north on Broening Highway, west on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp on the south side of Newgate Avenue opposite Newkirk Street;</text> </paragraph> <paragraph num="(2)"> <text>From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street, east on Keith Avenue, south on Broening Highway to the Dundalk Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Intra-city routes between the South Locust Point Marine Terminal and Port Covington CSX Railhead are as follows:</text> <paragraph num="(1)"> <text>From the South Locust Point Marine Terminal, west on McComas Street to to Hanover Street, south on Hanover Street to Cromwell Street, into jughandle for east on Cromwell Street, north on Charles Street to Port Covington CSX Railhead;</text> </paragraph> <paragraph num="(2)"> <text>From Port Covington CSX Railhead, south on Charles Street to Cromwell Street, west on Cromwell Street to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Intra-city routes between the South Locust Point Marine Terminal and the CSX Intermodal Ramp:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal west on McComas Street to south on Hanover/Potee Streets, to east on Frankfurst Avenue to I-895 Harbor Tunnel Thruway north to O'Donnell Street, east on the O'Donnell Street Cut-Off, south on Interstate Avenue to I-95 South to Keith Avenue, east on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp,</text> </paragraph> <paragraph num="(b)"> <text>From the CSX Intermodal Ramp, west on Newgate Avenue, north to Newkirk Street to O'Donnell Street, east on O'Donnell Street to I-895 Harbor Terminal Thruway south to Frankfurst Avenue exit, west on Frankfurst Avenue to north on Hanover Street, to east on McComas Street to the South Locust Point Marine Terminal;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Vail Street, south on Vail to Newgate Avenue, west on Newgate to the Sea-Land Terminal,</text> </paragraph> <paragraph num="(b)"> <text>From the Sea-Land Terminal, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="M."> <text>Intra-city routes between the South Locust Point Marine Terminal and the Norfolk Southern Intermodal Ramp are as follows:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal, west on McComas Street, south on Hanover/Potee Streets, east on Frankfurst Avenue to I-895 Harbor Tunnel Thruway north to Lombard Street, west on Lombard Street to Norfolk Southern Intermodal Ramp on north side of Lombard Street opposite Oldham Street,</text> </paragraph> <paragraph num="(b)"> <text>From the Norfolk Southern Intermodal Ramp, east on Lombard Street, south on Ponca Street to I-895 Harbor Tunnel Thruway, south to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, to east on McComas Street to the South Locust Point Marine Terminal;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street to Lombard Street, west on Lombard Street to Norfolk Southern Intermodal Ramp opposite Oldham Street,</text> </paragraph> <paragraph num="(b)"> <text>From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="N."> <text>Intra-city routes between the CSX Intermodal Ramp and Norfolk Southern Intermodal Ramp are as follows:</text> <paragraph num="(1)"> <text>From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street, west on Keith Avenue to Interstate-95 North, to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street, west on Lombard Street to the Norfolk Southern Intermodal Ramp opposite Oldham Street;</text> </paragraph> <paragraph num="(2)"> <text>From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South, to the Keith Avenue Exit, east on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp.</text> </paragraph> </paragraph> <paragraph num="O."> <text>Intra-city routes between the CSX Intermodal Ramp and the Port Covington CSX Railhead are as follows:</text> <paragraph num="(1)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(a)"> <text>From the CSX Intermodal Ramp, west on Newgate Avenue, north on Newkirk Street to O'Donnell Street, east on O'Donnell Street to Interstate-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, east on Cromwell Street, north on Charles Street to the Port Covington CSX Railhead,</text> </paragraph> <paragraph num="(b)"> <text>From the Port Covington CSX Railhead, south on Charles Street, west on Cromwell Street, south on Hanover/Potee Streets to east on Frankfurst Avenue, north on Interstate-895 Harbor Tunnel Thruway, to west on O'Donnell Street, south on Newkirk Street to Newgate Avenue, east on Newgate to CSX Intermodal Ramp;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(a)"> <text>From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, west on McComas Street, south on Hanover Street to Cromwell Street, into jughandle for east on Cromwell Street, north on Charles Street to the Port Covington CSX Railhead,</text> </paragraph> <paragraph num="(b)"> <text>From the Port Covington CSX Railhead, south on Charles Street, west on Cromwell Street, north on Hanover Street to McComas Street, east on McComas Street to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue, south on Vail Street, west on Newgate to the CSX Intermodal Ramp.</text> </paragraph> </paragraph> </paragraph> <paragraph num="P."> <text>Routes using Interstate-83 to and from the Maryland-Pennsylvania State Line:</text> <paragraph num="(1)"> <text>Using the appropriate route from §§A through F of this regulation to reach Interstate-95 North, to Interstate-695 (Pikesville) to Interstate-83 (York) to the Maryland-Pennsylvania State Line;</text> </paragraph> <paragraph num="(2)"> <text>From the Maryland-Pennsylvania State Line travel Interstate-83 (Baltimore) to Interstate-695 (Essex) to Interstate-95 South then use the appropriate route from §§A through F of this regulation.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Between the Port of Baltimore and Cambridge, Salisbury, the Maryland-Delaware State Line and Federalsburg:</text> <paragraph num="(1)"> <text>Between the Port of Baltimore and Cambridge and Salisbury via U.S. Route 50:</text> <paragraph num="(a)"> <text>Harbor Tunnel (I-895) Routes:</text> <paragraph num="(i)"> <text>Using the appropriate routes from §§G through O of this regulation to reach the Interstate-895 Harbor Tunnel Thruway, travel south to Maryland Route 3 to Maryland Route 100, to Maryland Route 2 South, to U.S. Route 50 East across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 to Cambridge or Salisbury.</text> </paragraph> <paragraph num="(ii)"> <text>From Cambridge or Salisbury travel U.S. Route 50 West across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 West to Maryland Route 2 (Baltimore) to Maryland Route 100, to Maryland Route 3 to the Interstate-895 Harbor Tunnel Thruway then use the appropriate routes from §§G through O of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Fort McHenry Tunnel (I-95) Routes:</text> <paragraph num="(i)"> <text>Using the appropriate routes from §§G through O of this regulation to reach Interstate-95 South (Washington)/Fort McHenry Tunnel, travel to Interstate-695 (Glen Burnie) to Maryland Route 3 South (Annapolis/Bay Bridge) to Maryland Route 100, to Maryland Route 2 South, to U.S. Route 50 East across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 to Cambridge or Salisbury.</text> </paragraph> <paragraph num="(ii)"> <text>From Cambridge or Salisbury travel U.S. Route 50 West across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 West to Maryland Route 2 (Baltimore) to Maryland Route 100, to Maryland Route 3, to Interstate-695 North (Baltimore) to Interstate-95 North (New York)/Fort McHenry Tunnel then use the appropriate routes from §§G through O of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Auxiliary routes between U.S. Route 50 and the Maryland-Delaware State Line:</text> <paragraph num="(a)"> <text>From U.S. Route 50 East travel Maryland Route 404 East, to Maryland Route 313 North, to Maryland Route 317 East to the Maryland-Delaware State Line.</text> </paragraph> <paragraph num="(b)"> <text>From the Maryland-Delaware State Line travel Maryland Route 317 West to Maryland Route 313 South to Maryland Route 404 West to U.S. Route 50 West.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Auxiliary routes between U.S. Route 50 and Federalsburg:</text> <paragraph num="(a)"> <text>From U.S. Route 50 East travel Maryland Route 331 East to Maryland Route 318 East to Federalsburg.</text> </paragraph> <paragraph num="(b)"> <text>From Federalsburg travel Maryland Route 318 West to Maryland Route 331 to U.S. Route 50 West.</text> </paragraph> </paragraph> </paragraph> <paragraph num="R."> <text>Additional authorized containerized cargo access routes are:</text> <paragraph num="(1)"> <text>Interstate-68 east and west and Interstate-70 east and west to existing containerized cargo and return;</text> </paragraph> <paragraph num="(2)"> <text>Taneytown, Maryland Route 140 north and south, Maryland Route 97 north and south, and Interstate-70 east and west to existing containerized cargo routes and return;</text> </paragraph> <paragraph num="(3)"> <text>Hanover, Maryland, Candlewood Road, Maryland Route 176 east and west and Interstate-97 north and south to existing containerized cargo routes and return;</text> </paragraph> <paragraph num="(4)"> <text>From the Maryland—Virginia Line, Interstate-495 north and south, and Interstate-95 north and south to existing containerized cargo routes and return;</text> </paragraph> <paragraph num="(5)"> <text>Snowden River Parkway, Maryland Route 175 east and west to Interstate-95 north and south to existing containerized cargo routes and return;</text> </paragraph> <paragraph num="(6)"> <text>North Langley Road to Maryland Route 2, Maryland Route 270, Maryland Route 10, and Interstate-695 Dundalk Exit 44 over the Francis Scott Key Bridge; and</text> </paragraph> <paragraph num="(7)"> <text>Federalsburg, Maryland to Maryland Route 307 south to Maryland Route 331 south (Hurlock, Maryland) to Maryland Route 392 west to Maryland Route 16 south to the intersection of U.S. Route 50 (Cambridge, Maryland), and return via Maryland Route 16 north to Maryland Route 392 east (Hurlock, Maryland) to Maryland Route 331 north to Maryland Route 307 north (Federalsburg, Maryland).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Authority to Issue Permit."> <text>The Unit may issue permits to allow the movement of overweight vehicles hauling an indivisible load of containerized cargo as described in Regulation .03 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Procedures."> <paragraph num="A."> <text>To obtain a containerized cargo permit, the applicant shall submit, directly to the Unit, an original signed and completed application on a form and in a manner prescribed by the Unit. The applicant shall allow 5 working days for processing the permit request.</text> </paragraph> <paragraph num="B."> <text>The Unit may issue a containerized cargo permit that is valid for 1 year.</text> </paragraph> <paragraph num="C."> <text>The Unit shall complete all blanks on the face of the containerized cargo permit before issuing the permit directly to the applicant.</text> </paragraph> <paragraph num="D."> <text>The permittee shall sign the permit upon receipt.</text> </paragraph> <paragraph num="E."> <text>The permittee or user of a containerized cargo permit shall carry the original (not a copy) of the permit on the overweight vehicle when moving the vehicle on a highway in the State.</text> </paragraph> <paragraph num="F."> <text>The permit vehicle may travel permitted routes on a 24-hour daily basis.</text> </paragraph> <paragraph num="G."> <text>A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under authority of this permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fees."> <text>A permit issued under this chapter may be issued at no cost to the applicant.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Denial of Permit."> <paragraph num="A."> <text>The Unit may not issue a containerized cargo permit unless the vehicle has 5 axles or more.</text> </paragraph> <paragraph num="B."> <text>A permit may not be issued for more than one container on a truck tractor-semitrailer combination of vehicles.</text> </paragraph> <paragraph num="C."> <text>For any vehicle exceeding 80,000 pounds gross vehicle weight up to and including the maximum 90,000 pounds gross vehicle weight, the distance measured horizontally between the vertical center lines of the second axle and the last axle shall measure at least 36 feet.</text> </paragraph> <paragraph num="D."> <text>Repealed.</text> </paragraph> <paragraph num="E."> <text>A vehicle weighing 80,000 pounds or more gross vehicle weight shall be registered for the maximum gross weight in its state of registration.</text> </paragraph> <paragraph num="F."> <text>Vehicles weighing less than 80,000 pounds gross vehicle weight shall be registered for not less than their actual gross vehicle weight.</text> </paragraph> <paragraph num="G."> <text>The permit vehicle and load may not exceed the vehicle size limits allowed by the Maryland Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Miscellaneous Conditions."> <text>The following conditions apply to every containerized cargo permit:</text> <paragraph num="A."> <text>The conditions specified in this regulation apply to every containerized cargo permit.</text> </paragraph> <paragraph num="B."> <text>A permit does not authorize a vehicle to travel upon roadways and bridges when the gross vehicle weight exceeds the posted weight restriction.</text> </paragraph> <paragraph num="C."> <text>The permittee or user shall comply with the vehicle laws of Maryland (except those weight limits from which the permit authorizes departure) and with all the conditions of the permit and these regulations.</text> </paragraph> <paragraph num="D."> <text>A permit vehicle may not be operated at speeds greater than 50 miles per hour.</text> </paragraph> <paragraph num="E."> <text>Failure to Comply.</text> <paragraph num="(1)"> <text>Failure to comply with permit conditions or these regulations shall:</text> <paragraph num="(a)"> <text>Void the permit and subject the permittee or user to the full assessment of fines under Transportation Article, §27-105, Annotated Code of Maryland, as if the permit were not issued;</text> </paragraph> <paragraph num="(b)"> <text>Cause the permit to be subject to immediate revocation and confiscation by any officer or authorized civilian employee of the Maryland State Police, any officer of the Maryland Transportation Authority Police, or any other police officer; and</text> </paragraph> <paragraph num="(c)"> <text>Cause the load subject to reduction in compliance with Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an officer confiscates a permit, the officer shall immediately notify the Unit and return the permit to the Unit after it has been used as evidence in any law enforcement proceedings.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The permittee or user shall present the permit for inspection, upon request, to an officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or any other police officer; and the permit shall be open to inspection by a State, county, municipal, or other public official and to a person involved in an accident in which the vehicle was involved.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Suspension."> <paragraph num="A."> <text>If a permittee has violated these regulations, or the terms of a permit two times within a 6-month period, the Unit may suspend for 30 days the permittee from use of a containerized cargo permit issued and outstanding.</text> </paragraph> <paragraph num="B."> <text>If a permittee has violated these regulations, or the terms of a permit three times within a 12-month period, the Unit may suspend for 60 days the permittee from use of a containerized cargo permit issued and outstanding.</text> </paragraph> <paragraph num="C."> <text>If a permittee has violated these regulations, or the terms of a permit more than three times within a 12-month period, the Unit may revoke permanently the permittee from use of a containerized cargo permit.</text> </paragraph> <paragraph num="D."> <text>Procedures.</text> <paragraph num="(1)"> <text>The Unit determines initially all violations of these regulations or the terms of a permit.</text> </paragraph> <paragraph num="(2)"> <text>If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, of a period of suspension, of a revocation, and of the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="(3)"> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.</text> </paragraph> <paragraph num="(4)"> <text>If an appeal is filed, the Director, Office of Traffic and Safety, State Highway Administration, shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, State Highway Administration, may proceed by a review of the record.</text> </paragraph> <paragraph num="(5)"> <text>After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.</text> </paragraph> <paragraph num="(6)"> <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="False Statement in Permit Application."> <paragraph num="A."> <text>If an application for a containerized cargo permit contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.</text> </paragraph> <paragraph num="B."> <text>Procedures.</text> <paragraph num="(1)"> <text>If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of the suspension as provided in Regulation .10 of this chapter, and the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="(2)"> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the time specified will be accepted.</text> </paragraph> <paragraph num="(3)"> <text>If an appeal is filed, the Director, Office of Traffic and Safety, State Highway Administration, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, State Highway Administration, shall grant a hearing. If the appellant fails to appear the hearing, the Director, Office of Traffic and Safety, State Highway Administration, may proceed by a review of the record.</text> </paragraph> <paragraph num="(3-1)"> <text>After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, State Highway Administration, shall affirm, amend, or reverse the decision of the Unit.</text> </paragraph> <paragraph num="(4)"> <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Costs and Damages for which Permittee is Responsible."> <paragraph num="A."> <text>The permittee is responsible for payment of each of the following items:</text> <paragraph num="(1)"> <text>All damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, signs, or other structure, whether maintained by the Administration or by another entity;</text> </paragraph> <paragraph num="(2)"> <text>The cost of all correspondence, whether telephonic or written, made in connection with the permit;</text> </paragraph> <paragraph num="(3)"> <text>Any additional expense incurred by the Administration in connection with the permit or the movement authorized by the permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall repair or correct all damage caused to any property owned by or maintained by it and shall collect the expense of the repairs or corrections from the permittee. This includes but is not limited to road surfaces, approaches, embankments, drainage areas, ditches, bridges, signs, structures of any kind, and other property not specifically listed.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)</annotation> </annotations> </chapter> <chapter num="12" heading="Local Delivery Truck Routes"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of these regulations is to specify certain highway segments for use as access routes for local deliveries and to establish guidelines for their use in order to ensure public safety, to preserve the highways, and to minimize truck traffic in certain residential and school areas.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Local delivery truck route” means a four-lane divided State highway designated by the Administration as a route which may be used for local deliveries by trucks not exceeding the limitations set forth in Transportation Article, §§13-919, 24-102, 24-104, 24-104.1, 24-104.2, 24-108, and 24-109, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Designation of Route."> <text>U.S. Route 40 from Maryland Route 279 in Cecil County to Maryland Route 152 in Harford County is a designated local delivery truck route.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Access."> <text>Access from a route designated in Regulation .03 of this chapter for points of origin and destination of cargo shall be by the shortest practical route between the designated route and the points of origin and destination of cargo.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§24-104.2, 24-203, and 24-209, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective June 29, 1995 (22:15 Md. R. 1116); adopted permanently effective October 9, 1995 (22:20 Md. R. 1544)</annotation> </annotations> </chapter> <chapter num="13" heading="Smart Growth"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish guidelines for determining if a growth-related transportation project is located within a priority funding area to comply with State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definition."> <paragraph num="A."> <text>In this chapter, the following term has the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Term Defined. “Priority funding area” has the meaning stated in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Projects Located Within a Priority Funding Area."> <paragraph num="A."> <text>After consultation with the Maryland Department of Planning, the Administration may deem a transportation project to be a priority funding area, even if segments of the project are outside the priority funding area, if:</text> <paragraph num="(1)"> <text>Each segment:</text> <paragraph num="(a)"> <text>Standing alone would be exempt under State Finance and Procurement Article, §5-7B-06, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Is necessary to eliminate or reduce the number of access points to a highway;</text> </paragraph> <paragraph num="(c)"> <text>Is necessary to avoid denying access to a property owner with existing access;</text> </paragraph> <paragraph num="(d)"> <text>Improves or maintains an existing roadway without significantly increasing capacity; or</text> </paragraph> <paragraph num="(e)"> <text>Comprises less than 5 percent of the lane mileage of the total project length; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The total lane mileage of segments described in §A(1)(a), (b), (c), and (e) of this regulation, does not exceed 20 percent of the total lane mileage of the project.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a highway or roadway serves as a boundary of a priority funding area, all portions of that highway or roadway immediately adjacent to the priority funding area, such as ramps, bridges, and overpasses, shall be deemed to be the priority funding area for purposes of State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §8-204(b); State Finance and Procurement Article, §§5-7B-02 and 5-7B-06; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 2, 2002 (29:17 Md. R. 1381)</annotation> </annotations> </chapter> <chapter num="14" heading="Traffic Control Signal Monitoring Systems — Duration of Yellow Signal Indications"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter, consistent with guidelines established by the Federal Highway Administration, establishes minimum yellow change intervals at each intersection where a traffic control signal monitoring system is in use.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agency” means:</text> <paragraph num="(a)"> <text>For a traffic control signal operated and maintained at an intersection under the control of the State, the law enforcement agency primarily responsible for traffic control at that intersection; or</text> </paragraph> <paragraph num="(b)"> <text>For a traffic control signal operated and maintained at an intersection under the control of a political subdivision, a law enforcement agency of the political subdivision that is authorized to issue citations for a violation of the Maryland Vehicle Law or local traffic laws or regulations.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Approach grade” means the percent grade of the roadway approaching the signal, expressed as:</text> <paragraph num="(a)"> <text>A positive number for an uphill grade; and</text> </paragraph> <paragraph num="(b)"> <text>A negative number for a downhill grade.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Approach speed” means the higher of the 85th percentile speed or the posted speed limit, in miles per hour (mph).</text> </paragraph> <paragraph num="(4)"> <text>“Average day” means a day representing traffic volumes normally and repeatedly found at a location, typically a weekday when volumes are influenced by employment.</text> </paragraph> <paragraph num="(5)"> <text>“Deceleration rate” means the rate, expressed in feet per second per second (ft/sec2), required to stop a motor vehicle. Where, on an average day, heavy truck traffic comprises 15 percent or less of the vehicle traffic on the approach, a value of 10.0 ft/sec2 shall be used. Where, on an average day, heavy truck traffic comprises more than 15 percent of the vehicle traffic on the approach, a value of 8.0 ft/sec2 shall be used.</text> </paragraph> <paragraph num="(6)"> <text>“Eighty fifth percentile speed” means the speed, in miles per hour (mph), at or below which 85 percent of motor vehicles travel when not slowed by a yellow or red signal indication, traffic, weather, or other conditions.</text> </paragraph> <paragraph num="(7)"> <text>“Heavy truck” means a single unit truck with three or more axles, a tractor-trailer, or a tractor-semitrailer combination.</text> </paragraph> <paragraph num="(8)"> <text>“Traffic control signal monitoring system” means a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to produce recorded images of motor vehicles entering an intersection against a red signal.</text> </paragraph> <paragraph num="(9)"> <text>“Yellow change interval” means the length of time (in seconds) that a traffic control signal displays a yellow indication before changing to red.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Minimum Yellow Change Intervals."> <paragraph num="A."> <text>On any approach to a traffic signal where a traffic control monitoring system is in use, the agency shall ensure that the yellow change interval on that approach is not shorter in duration than that determined by the formula set forth in §B of this regulation, following any adjustments required by §C of this regulation.</text> </paragraph> <paragraph num="B."> <text>Formula. The formula for calculating the yellow change interval (in seconds) is:</text> </paragraph> <paragraph num="C."> <text>Adjustments to Calculated Yellow Change Interval.</text> <paragraph num="(1)"> <text>The calculated yellow change interval shall be rounded up to the nearest half second.</text> </paragraph> <paragraph num="(2)"> <text>If the calculated yellow change interval is less than 3.0 seconds, then the yellow change interval shall be 3.0 seconds.</text> </paragraph> <paragraph num="(3)"> <text>If the calculated yellow change interval is greater than 6.0 seconds, then the yellow change interval shall be 6.0 seconds.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §21-202.1(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 adopted as an emergency provision effective April 1, 2004 (31:11 Md. R. 855); adopted permanently effective September 27, 2004 (31:19 Md. R. 1433)</annotation> </annotations> </chapter> <chapter num="15" heading="Work Zone Speed Control Systems"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Local police department” means:</text> <paragraph num="(a)"> <text>The police department of any municipal corporation;</text> </paragraph> <paragraph num="(b)"> <text>The police department of any county; and</text> </paragraph> <paragraph num="(c)"> <text>The sheriff's department of any county that has highway traffic patrol responsibilities.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.</text> </paragraph> <paragraph num="(3)"> <text>“Recorded image” means an image recorded by a work zone speed control system:</text> <paragraph num="(a)"> <text>On:</text> <paragraph num="(i)"> <text>A photograph;</text> </paragraph> <paragraph num="(ii)"> <text>A microphotograph;</text> </paragraph> <paragraph num="(iii)"> <text>An electronic image;</text> </paragraph> <paragraph num="(iv)"> <text>Videotape; or</text> </paragraph> <paragraph num="(v)"> <text>Any other medium; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Showing:</text> <paragraph num="(i)"> <text>The rear of a motor vehicle;</text> </paragraph> <paragraph num="(ii)"> <text>At least two timed-stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and</text> </paragraph> <paragraph num="(iii)"> <text>On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“State police department” means the Department of State Police and the Maryland Transportation Authority Police.</text> </paragraph> <paragraph num="(5)"> <text>“Work zone” means a segment of a highway:</text> <paragraph num="(a)"> <text>That is identified as a temporary traffic control zone by traffic control devices that are placed or installed in general conformance with the State manual and specifications adopted for a uniform system of traffic control devices;</text> </paragraph> <paragraph num="(b)"> <text>Where highway construction, repair, maintenance, utility work, or related activity, including the placement, installation, maintenance, or removal of a work zone traffic control device, is being performed regardless of whether workers are present; and</text> </paragraph> <paragraph num="(c)"> <text>That is equipped with:</text> <paragraph num="(i)"> <text>Signage designating each entrance and exit to the work zone; and</text> </paragraph> <paragraph num="(ii)"> <text>Flashing lights that operate whenever workers are present at the work zone.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Work zone speed control system” means a device that:</text> <paragraph num="(a)"> <text>Has one or more motor vehicle sensors connected to a camera system capable of producing recorded images of motor vehicles traveling at or above a predetermined speed in or approaching a work zone; and</text> </paragraph> <paragraph num="(b)"> <text>Is equipped with flashing blue lights.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Work zone speed control system operator” means an individual who has been trained and certified to operate a work zone speed control system and who is:</text> <paragraph num="(a)"> <text>A police officer;</text> </paragraph> <paragraph num="(b)"> <text>A representative of a local police department;</text> </paragraph> <paragraph num="(c)"> <text>A representative of a State police department; or</text> </paragraph> <paragraph num="(d)"> <text>A State Highway Administration contractor.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Authorization, Site Qualification, and Operator Selection."> <paragraph num="A."> <text>A local police department or State police department may not deploy any work zone speed control system without the permission of the State or local agency that maintains the highway on which the work zone is to be located.</text> </paragraph> <paragraph num="B."> <text>The State or local agency that maintains the highway is responsible for ensuring that any segment of highway on which a work zone speed control system is deployed satisfies the requirements of Transportation Article, §21-810(b)(1), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The locations and times when work zone speed control systems are to be deployed within a work zone shall be jointly agreed upon by the agency that maintains the highway and the local police department or the State police department that deploys the work zone speed control system.</text> </paragraph> <paragraph num="D."> <text>The deploying local police department or State police department shall determine whether the work zone speed control operator is a police officer, a representative of the police department, or a representative of a Maryland State Highway Administration contractor, for each location where a work zone speed control system is to be operated.</text> </paragraph> <paragraph num="E."> <text>A work zone speed control system operator does not need to be present in person or remotely at the work zone when the speed control system is in use.</text> </paragraph> <paragraph num="F."> <text>Multiple work zone speed control systems may be implemented and used in a work zone. If a work zone has more than one work zone speed control system in use, not more than one citation may be issued for the same registration plate for alleged violations that occur within a 1-hour period in the work zone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Notification and Advance Warning."> <paragraph num="A."> <text>An agency that maintains a highway on which a work zone speed control system is deployed and the local police department or State police department that deploys a work zone speed control system may use Internet sites and other media to notify the public regarding:</text> <paragraph num="(1)"> <text>The general use of work zone speed control systems; or</text> </paragraph> <paragraph num="(2)"> <text>The segments of highways where and the dates and times when, work zone speed control systems may be deployed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A minimum of two signs approved by the State Highway Administration's Director of Traffic and Safety, alerting drivers to the possible operation of a work zone speed control system within the work zone shall be conspicuously placed in advance of each work zone speed control system. The positioning and spacing of these signs shall be as approved by the agency that maintains the highway on which the work zone is located.</text> </paragraph> <paragraph num="C."> <text>A device clearly displaying the speeds of vehicles approaching the device shall be placed sufficiently in advance of each work zone speed control system to enable an alert driver traveling at a speed not more than 25 miles per hour in excess of the speed limit to safely reduce the vehicle's speed to the legal limit prior to the location where the vehicle's speed will be measured by the work zone speed control system. The positioning of the device displaying the speeds of approaching vehicles shall be as approved by the agency that maintains the highway on which the work zone is located.</text> </paragraph> <paragraph num="D."> <text>A device that flashes when workers are present in the work zone shall be placed in advance of the first work zone speed control system in the work zone. The positioning of the device that flashes when workers are present shall be as approved by the agency that maintains the highway on which the work zone is located.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Training, Logs, and Calibration."> <paragraph num="A."> <text>Each local police department and State police department that deploys a work zone speed control system shall require that each of its operators complete all manufacturer's training required by Transportation Article, §21-810(b)(4), Annotated Code of Maryland, governing the set up, testing, and operation of the work zone speed control system. Each local police department and State police department that deploys a work zone speed control system shall maintain a registry and files documenting the training and certification of each of its certified work zone speed control system operators.</text> </paragraph> <paragraph num="B."> <text>Each local police department and State police department that acquires a work zone speed control system shall:</text> <paragraph num="(1)"> <text>Obtain the initial and annual independent calibrations required by Transportation Article, §21-810(b)(6), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Maintain a file documenting the results of all calibration testing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A work zone speed control system may not be used for enforcement purposes unless the agency deploying the system possesses the required initial and annual certificates from an independent laboratory that certifies that the system is properly calibrated.</text> </paragraph> <paragraph num="D."> <text>A work zone speed control system operator shall complete the daily set-up log required by Transportation Article, §21-810(b)(5), Annotated Code of Maryland, that states:</text> <paragraph num="(1)"> <text>The date and time when and the location where the system was set up; and</text> </paragraph> <paragraph num="(2)"> <text>That the operator successfully performed, and the device passed, the manufacturer-specified self-tests before producing a recorded image.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The set-up log and these self-testing procedures under §D of this regulation shall be completed whenever the system is relocated and following each system start-up. A work zone speed control system may not be used for enforcement unless the operator has completed all required set-up logs, the system has passed all manufacturer-specified self-tests, and the system is operating properly.</text> </paragraph> <paragraph num="F."> <text>A work zone speed control system may be used only to record the images of vehicles that are traveling at speeds at least 12 miles per hour above the posted speed limit in the work zone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Processing of Images and Citations."> <paragraph num="A."> <text>Any local police department or State police department that deploys a work zone speed control system may utilize its civilian employees or contractor employees to perform an initial review of images for the purpose of eliminating those images upon which a citation will not be issued.</text> </paragraph> <paragraph num="B."> <text>The statement in any citation required by Transportation Article, §21-810(d)(1), Annotated Code of Maryland, that based on inspection of recorded images the motor vehicle was being operated in violation of Transportation Article, Title 21, Subtitle 8, Annotated Code of Maryland, Speed Restrictions, shall be signed by a police officer employed by the local police department or State police department deploying the work zone speed control system.</text> </paragraph> <paragraph num="C."> <text>The certification required by Transportation Article, §21-810(e)(1), Annotated Code of Maryland, alleging that based on inspection of recorded images produced by a work zone speed control system a violation Transportation Article, Title 21, Subtitle 8, Annotated Code of Maryland, Speed Restrictions, occurred and that the requirements of Transportation Article, §21-810(b), Annotated Code of Maryland, have been satisfied, shall be sworn to or affirmed by a police officer employed by the local police department or State police department deploying the work zone speed control system.</text> </paragraph> <paragraph num="D."> <text>The owner or co-owners of a vehicle shall be established from records maintained by or accessible from the Motor Vehicle Administration, based on the registration plate information captured on an image. A single citation may be issued in the names of all persons listed as co-owners of a co-owned vehicle.</text> </paragraph> <paragraph num="E."> <text>A local police department or State police department may void any citations that are incorrectly issued without the need for the person to whom the citation was issued to stand trial in District Court.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §21-810(m), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)</annotation> </annotations> </chapter> <chapter num="16" heading="Mobile Seafood and Produce Vendors"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“District” means one of the Administration’s seven operational offices located throughout the State.</text> </paragraph> <paragraph num="(3)"> <text>“Established place of business” means any permanent building or structure from which a permanent business is conducted during normal business hours throughout the year.</text> </paragraph> <paragraph num="(4)"> <text>“Mobile seafood or produce vendor” means a person who sells or offers for sale any seafood or produce:</text> <paragraph num="(a)"> <text>While on foot;</text> </paragraph> <paragraph num="(b)"> <text>From any vehicle or conveyance, whether or not the vehicle or conveyance is in operating condition; or</text> </paragraph> <paragraph num="(c)"> <text>From any tent, temporary stand, roadside stand, roadside market, or other quarters that is not an established place of business.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Produce” means any fruit or vegetable product of the soil that is intended for human consumption.</text> </paragraph> <paragraph num="(6)"> <text>“Produce” does not include a canned, frozen, dried, or pickled product.</text> </paragraph> <paragraph num="(7)"> <text>“Right–of–way” means any highway area or highway structure and any property adjacent to a highway acquired for the operation or use of the highway.</text> </paragraph> <paragraph num="(8)"> <text>“Seafood” means any finfish, crustacean, or mollusk, live or dead, or any part, egg, offspring, or body of any finfish, crustacean, or mollusk, that is intended for human consumption.</text> </paragraph> <paragraph num="(9)"> <text>“State highway” means any public highway owned by this State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Authorization and Site Qualifications."> <paragraph num="A."> <text>A mobile seafood or produce vendor may not be located within the right-of-way of any State highway, unless the mobile seafood or produce vendor has a lease from the Administration.</text> </paragraph> <paragraph num="B."> <text>The Administration may not enter into a lease with a mobile seafood or produce vendor until:</text> <paragraph num="(1)"> <text>The mobile seafood or produce vendor has:</text> <paragraph num="(a)"> <text>Submitted a lease application to the appropriate District; and</text> </paragraph> <paragraph num="(b)"> <text>Paid in full all necessary application fees;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Administration has approved the lease application; and</text> </paragraph> <paragraph num="(3)"> <text>The Federal Highway Administration has approved the lease application for highways for which its approval is required.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application for Vendor Lease."> <paragraph num="A."> <text>An applicant for a mobile seafood or produce vendor lease shall submit an application in writing to the appropriate District. The addresses and phone numbers for the Districts may be found on the Administration’s website at www.roads.maryland.gov.</text> </paragraph> <paragraph num="B."> <text>The applicant shall submit a non-refundable application fee that is determined by the Administration.</text> </paragraph> <paragraph num="C."> <text>The Administration shall determine the period of time prior to the anticipated date of operations that an application is due.</text> </paragraph> <paragraph num="D."> <text>The application shall include the following information:</text> <paragraph num="(1)"> <text>The mobile seafood or produce vendor’s name, contact information, tax ID and/or business ID number and the products to be offered for sale;</text> </paragraph> <paragraph num="(2)"> <text>A vicinity map showing the location of the proposed site;</text> </paragraph> <paragraph num="(3)"> <text>A detailed sketch showing the layout of the proposed site;</text> </paragraph> <paragraph num="(4)"> <text>A copy or verification of the County permit allowing the mobile seafood or produce vendor to operate within the jurisdiction;</text> </paragraph> <paragraph num="(5)"> <text>Proof of insurance in the amount of $1 million for each incident;</text> </paragraph> <paragraph num="(6)"> <text>Proof of a surety bond or other documentation acceptable to Administration in the amount of $5,000 that allows the Administration to recoup any costs associated with damages to the site; and</text> </paragraph> <paragraph num="(7)"> <text>Anticipated hours of operation within limits established by the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Administration may not approve a lease application for a mobile seafood or produce vendor site that:</text> <paragraph num="(1)"> <text>Is located:</text> <paragraph num="(a)"> <text>On a highway with a posted speed limit of more than 45 miles per hour;</text> </paragraph> <paragraph num="(b)"> <text>On a highway with a posted speed limit of more than 35 miles per hour unless there is identified parking off the roadway and shoulder;</text> </paragraph> <paragraph num="(c)"> <text>On a controlled-access or partially controlled-access highway;</text> </paragraph> <paragraph num="(d)"> <text>On an Interstate highway; or</text> </paragraph> <paragraph num="(e)"> <text>On any bridge or overpass;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Reduces sight distance along the highway; or</text> </paragraph> <paragraph num="(3)"> <text>Creates an unsafe condition as determined by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Vendor Lease."> <paragraph num="A."> <text>A mobile seafood or produce vendor lease shall be developed by the Administration.</text> </paragraph> <paragraph num="B."> <text>The earliest effective date of a lease shall be May 1 of each year and, subject to §C of this regulation, may be renewed monthly for the length of the produce or seafood season.</text> </paragraph> <paragraph num="C."> <text>No lease shall extend past November 30 of each year.</text> </paragraph> <paragraph num="D."> <text>A mobile seafood or produce vendor lease shall require rent based on the fair-market value of the property on which the mobile seafood or produce vendor is located.</text> </paragraph> <paragraph num="E."> <text>The Administration may terminate a lease immediately for any of the following reasons:</text> <paragraph num="(1)"> <text>Failure to comply with federal, State, or local laws;</text> </paragraph> <paragraph num="(2)"> <text>Failure to pay rent as indicated in the lease;</text> </paragraph> <paragraph num="(3)"> <text>Emergency or unforeseen roadway maintenance, construction, drainage or other work serving a public interest, as determined by the Administration, is needed;</text> </paragraph> <paragraph num="(4)"> <text>A substantial change in the characteristics of traffic in the vicinity of the site;</text> </paragraph> <paragraph num="(5)"> <text>Failure to submit to routine inspections or comply with findings of inspections;</text> </paragraph> <paragraph num="(6)"> <text>Failure to control litter or debris; or</text> </paragraph> <paragraph num="(7)"> <text>Failure to maintain site distance requirements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Inspections."> <paragraph num="A."> <text>Routine inspections may be conducted at any time by the Administration, a law enforcement agency, or a local health or labor agency.</text> </paragraph> <paragraph num="B."> <text>If, for any reason, a routine inspection cites a mobile seafood or produce vendor with a violation of law or with noncompliance under the lease, the mobile seafood or produce vendor shall address all issues within one week or the lease shall be terminated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Enforcement."> <text>Enforcement of this chapter shall be conducted as specified under Transportation Article, §24-304, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §24-303(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 18, 2011 (38:8 Md. R. 506)</annotation> </annotations> </chapter> <chapter num="17" heading="Heavy Weight Port Corridor Permit"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Department of Transportation State Highway Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Containerized cargo” means manifested international freight in a sealed, seagoing container traveling between the Seagirt Marine Terminal and a destination determined by the Secretary in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>“Police officer” has the meaning stated in Transportation Article, §24-111, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Truck tractor” has the meaning stated in Transportation Article, §11-172, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Unit” means the Hauling Permits Unit located within the Motor Carrier Division at the Maryland Department of Transportation State Highway Administration’s Office of Traffic and Safety.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Permits Available."> <paragraph num="A."> <text>Heavy Weight Port Corridor permits may be issued as specified in this chapter.</text> </paragraph> <paragraph num="B."> <text>A person may move an indivisible load of containerized cargo under a Heavy Weight Port Corridor permit.</text> </paragraph> <paragraph num="C."> <text>The general permit provisions for oversize and overweight vehicles in COMAR 11.04.11 and general conditions for movement of oversize and overweight vehicles in COMAR 11.04.02 apply except to the extent this chapter includes more specific governing provisions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Determination of Vehicle Eligibility."> <paragraph num="A."> <text>A six-axle truck tractor-intermodal semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a single sealed, seagoing container may be eligible if the vehicle does not exceed the following maximum weight and axle spacing limits:</text> <paragraph num="(1)"> <text>22,400 pounds on a single axle;</text> </paragraph> <paragraph num="(2)"> <text>44,000 pounds on two consecutive axles at least 4 feet apart;</text> </paragraph> <paragraph num="(3)"> <text>60,000 pounds on a tri-axle configuration more than 8 feet apart between the first and last axles of the grouping; and</text> </paragraph> <paragraph num="(4)"> <text>A total gross weight of 100,000 pounds for the vehicle and load.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Tire manufacturer ratings may not be exceeded.</text> </paragraph> <paragraph num="C."> <text>The intermodal trailer chassis shall have a distance of no less than 36 feet when measured from the kingpin to the center of the rearmost trailer axle.</text> </paragraph> <paragraph num="D."> <text>No load tolerance for gross weight or axle weights shall be applied.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Routes of Travel."> <paragraph num="A."> <text>Heavy Weight Port Corridor permits may be issued for the following routes without deviation:</text> <paragraph num="(1)"> <text>Between Seagirt Marine Terminal and Tradepoint Atlantic.</text> <paragraph num="(a)"> <text>Primary Route.</text> <paragraph num="(i)"> <text>From Seagirt Marine Terminal — Seagirt Marine Terminal to right on Broening Highway (Baltimore City), continue on Broening Highway (MD 695 continued) to inner loop I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), continue on I-695 (north) to Exit 43 MD 158 Bethlehem Boulevard, left on Bethlehem Boulevard to right on MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.</text> </paragraph> <paragraph num="(ii)"> <text>From Tradepoint Atlantic — Tradepoint Atlantic to left on Sparrows Point Boulevard (MD 151) to North Point Boulevard (MD 151 continued), to left on Bethlehem Boulevard (MD 158), to right on Peninsula Expressway (MD 157), to slip road toward I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), to Exit 44 MD 695 Broening Highway, to left on Broening Highway (MD 695), continue on Broening Highway (Baltimore City), to left into Seagirt Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Alternate Broening Highway Route.</text> <paragraph num="(i)"> <text>From Seagirt Marine Terminal — Seagirt Marine Terminal crossing inter-connector bridge to Dundalk Marine Terminal, Dundalk Marine Terminal right on MD 695 Broening Highway to inner loop I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), continue on I-695 (north) to Exit 43 MD 158 Bethlehem Boulevard, left on Bethlehem Boulevard to right on MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.</text> </paragraph> <paragraph num="(ii)"> <text>From Tradepoint Atlantic — Tradepoint Atlantic to left on Sparrows Point Boulevard (MD 151) to North Point Boulevard (MD 151 continued), to left on Bethlehem Boulevard (MD 158), to right on Peninsula Expressway (MD 157), to slip road toward I-695 (South) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (North), to Exit 44 MD 695 Broening Highway, to left on Broening Highway (MD 695), to left Dundalk Marine Terminal, Dundalk Marine Terminal crossing inter-connector bridge to Seagirt Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Second Alternate Broening Highway Route.</text> <paragraph num="(i)"> <text>From Seagirt Marine Terminal—Seagirt Marine Terminal to left on Broening Highway to Keith Avenue, to I-95 (north), to I-695 to Exit 42 MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.</text> </paragraph> <paragraph num="(ii)"> <text>From Tradepoint Atlantic—Tradepoint Atlantic to right onto Sparrows Point Boulevard (MD 151), to North Point Boulevard (MD 151 continued), to I-695 Outer Loop (north), to I-95 South Exit 11B, to Exit 56 Keith Avenue, left onto Keith Avenue to Broening Highway right into Seagirt Marine Terminal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Between Seagirt Marine Terminal and Belts Centralized Examination Station Facility/U.S. Customs Inspection.</text> <paragraph num="(a)"> <text>From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to right on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street to Belts Centralized Examination Station Facility.</text> </paragraph> <paragraph num="(b)"> <text>From Belts Centralized Examination Station Facility — Belts Centralized Examination Station Facility to Folcroft Street, Folcroft Street to right on Dundalk Avenue, Dundalk Avenue to right on Holabird Avenue, Holabird Avenue to left on Broening Highway, Broening Highway to Seagirt Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Belts Centralized Examination Station Facility/U.S. Customs Inspection.</text> <paragraph num="(a)"> <text>From Seagirt Marine Terminal — From Seagirt Marine Terminal to Belts Centralized Examination Station Facility, as described in §A(2)(a) of this regulation, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Belts Centralized Examination Station Facility, as described in §A(2)(a) of this regulation, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Between Seagirt Marine Terminal and Ace Logistics.</text> <paragraph num="(a)"> <text>From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to left on Holabird Avenue, Holabird Avenue to Ace Logistics.</text> </paragraph> <paragraph num="(b)"> <text>From Ace Logistics — Ace Logistics to left on Holabird Avenue, Holabird Avenue to right on Broening Highway, Broening Highway to Seagirt Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics.</text> <paragraph num="(a)"> <text>From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics and Stop at Belts Centralized Examination State Facility/U.S. Customs Inspection.</text> <paragraph num="(a)"> <text>From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination Station Facility to Tradepoint Atlantic, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Belts Centralized Examination Station Facility, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Secretary may rescind use of any authorized Heavy Weight Port Corridor route for reasons of safety, infrastructure preservation, or adverse community impact.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Authority to Issue Permit."> <text>The Unit may issue permits to allow the movement of overweight vehicles with an indivisible load of containerized cargo as specified in this chapter.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Procedures."> <paragraph num="A."> <text>To obtain a Heavy Weight Port Corridor permit, the applicant shall submit, directly to the Unit, a completed application on a form and in a manner prescribed by the Unit. The applicant shall allow 5 working days for processing the permit request.</text> </paragraph> <paragraph num="B."> <text>The Unit may issue a Heavy Weight Port Corridor permit that is valid for 1 year.</text> </paragraph> <paragraph num="C."> <text>The Unit shall issue the permit for the truck tractor listed in the application.</text> </paragraph> <paragraph num="D."> <text>The permittee shall read the permit upon receipt and be familiar with all terms and conditions.</text> </paragraph> <paragraph num="E."> <text>The permittee or user of a Heavy Weight Port Corridor permit shall carry the original (not a copy) of the permit on the overweight vehicle when moving the vehicle on a highway in the State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Fees."> <text>A Heavy Weight Port Corridor permit issued for a truck tractor under this chapter shall be valid for a period of 1 year from date of issue at a nonrefundable cost of $500 each.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Miscellaneous Conditions."> <paragraph num="A."> <text>The original permit issued shall be presented by the driver immediately upon demand of a police officer or members of the Unit.</text> </paragraph> <paragraph num="B."> <text>The permit vehicle and load may not exceed the vehicle limits for size allowed by Transportation Article, Title 24, Annotated Code of Maryland, except those weight limits from which the permit authorizes departure.</text> </paragraph> <paragraph num="C."> <text>Documentation to verify that cargo is manifested international freight shall be presented upon demand of a police officer or member of the Unit.</text> </paragraph> <paragraph num="D."> <text>The permit vehicle shall adhere to the maximum speed limit specified on the permit.</text> </paragraph> <paragraph num="E."> <text>Travel is permitted only on the designated route. No deviations from the designated route are permitted.</text> </paragraph> <paragraph num="F."> <text>Travel upon culverts, bridges, or other structures in violation of a sign posted vehicle weight restriction is prohibited.</text> </paragraph> <paragraph num="G."> <text>Continuous travel is allowed except for designated holiday restriction periods or as otherwise determined by the Unit.</text> </paragraph> <paragraph num="H."> <text>The permit vehicle may travel permitted routes on a 24-hour basis unless the permit restricts the hours of travel.</text> </paragraph> <paragraph num="I."> <text>A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under authority of this permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Violation of Permit."> <paragraph num="A."> <text>The Unit determines initially all violations of this chapter or the terms of a permit.</text> </paragraph> <paragraph num="B."> <text>If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, of a period of suspension, of a revocation, and of the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="C."> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.</text> </paragraph> <paragraph num="D."> <text>If an appeal is filed, the Director shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director may proceed with a review of the record.</text> </paragraph> <paragraph num="E."> <text>After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.</text> </paragraph> <paragraph num="F."> <text>The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.</text> </paragraph> <paragraph num="G."> <text>The permittee or user shall comply with the vehicle laws of Maryland, except those weight limits from which the permit authorizes departure, and with all terms and conditions of the permit and this chapter. Failure to comply shall void the permit and subject the permittee or user to the full assessment of fines under Transportation Article, §24-401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>A weight violation in excess of 5,000 pounds over any allowable Heavy Weight Port Corridor permit weight shall cause the permit to be immediately confiscated by the police officer or member of the Unit and subject the load to immediate reduction and compliance with weight provisions of Transportation Article, Title 24, Annotated Code of Maryland.</text> </paragraph> <paragraph num="I."> <text>Confiscation.</text> <paragraph num="(1)"> <text>Heavy Weight Port Corridor permits confiscated under §H of this regulation shall be returned by the police officer to the Unit.</text> </paragraph> <paragraph num="(2)"> <text>A permittee whose Heavy Weight Port Corridor permit has been confiscated may submit an application to the Unit for a replacement permit and pay one of the following fees:</text> <paragraph num="(a)"> <text>$1,000 for an initial confiscated permit replacement; or</text> </paragraph> <paragraph num="(b)"> <text>$5,000 for a second or subsequent confiscated permit replacement.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Heavy Weight Port Corridor confiscated permit replacement costs are nonrefundable.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Suspension."> <paragraph num="A."> <text>If a permittee has violated this chapter or the terms of any permit two times within a 6-month period, the Unit may suspend for 30 days the permittee from use of all Heavy Weight Port Corridor permits issued and outstanding.</text> </paragraph> <paragraph num="B."> <text>If a permittee has violated this chapter or the terms of any permit three times within a 12-month period, the Unit may suspend for 60 days the permittee from use of all Heavy Weight Port Corridor permits issued and outstanding.</text> </paragraph> <paragraph num="C."> <text>If a permittee has violated this chapter or the terms of any permit more than three times within a 12-month period, the Unit may revoke permanently the permittee from use of any Heavy Weight Port Corridor permit.</text> </paragraph> <paragraph num="D."> <text>If the Unit determines that suspension or revocation is appropriate, it shall notify the permittee by certified mail and of the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="E."> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.</text> </paragraph> <paragraph num="F."> <text>If an appeal is filed, the Director shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director may proceed with a review of the record.</text> </paragraph> <paragraph num="G."> <text>After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.</text> </paragraph> <paragraph num="H."> <text>The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="False Statement in Permit Application."> <paragraph num="A."> <text>If an application for a Heavy Weight Port Corridor permit contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.</text> </paragraph> <paragraph num="B."> <text>If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of the suspension, and the opportunity for appeal and to be heard.</text> </paragraph> <paragraph num="C."> <text>The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. Only a written appeal filed within the time specified shall be accepted.</text> </paragraph> <paragraph num="D."> <text>If an appeal is filed, the Director shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear the hearing, the Director may proceed with a review of the record.</text> </paragraph> <paragraph num="E."> <text>After reviewing the record and any evidence submitted at any hearing, the Director shall affirm, amend, or reverse the decision of the Unit.</text> </paragraph> <paragraph num="F."> <text>The decision of the Director, Office of Traffic and Safety, is the final decision of the Maryland Department of Transportation State Highway Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Costs and Damages for Which Permittee Is Responsible."> <paragraph num="A."> <text>The permittee is responsible for payment of all damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, sign, or other structure, whether maintained by the Administration or by another entity, and the cost of any additional expense incurred by the Administration in connection with the permit or the movement authorized by the permit.</text> </paragraph> <paragraph num="B."> <text>The Administration shall repair or correct all damage caused to any property owned by or maintained by it and shall collect the expense of the repairs or corrections from the permittee. This includes but is not limited to road surfaces, approaches, embankments, drainage areas, ditches, bridges, signs, structures of any kind, and other property not specifically listed.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)</annotation> </annotations> </chapter> <chapter num="18" heading="Joint Trenching of Broadband"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Broadband provider” means a telecommunications entity deploying broadband-related infrastructure such as conduit, fiber, or similar infrastructure.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Joint trenching” means the Department or a local government laying or installing conduit, fiber, or similar infrastructure concurrently with one or more broadband providers.</text> </paragraph> <paragraph num="(4)"> <text>Trenching.</text> <paragraph num="(a)"> <text>“Trenching” means a governmental construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure for but not limited to broadband deployment in excess of 1 mile in length.</text> </paragraph> <paragraph num="(b)"> <text>“Trenching” does not include a project for construction or maintenance of a highway facility, including drainage or culvert work.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicability."> <text>This chapter applies to the Department and local governments that are located outside of the Washington Suburban Sanitary District.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Procedures for Joint Trenching."> <paragraph num="A."> <text>The Department shall maintain a list of broadband providers interested in joint trenching under this chapter on an opt-in basis via email to OOC_Utilities@mdot.maryland.gov.</text> </paragraph> <paragraph num="B."> <text>As soon as is practicable once a local government’s trenching project plans are determined, a local government shall provide the location, scope, and nature of any trenching opportunity under this chapter to the Department for notification to interested broadband providers. Notice to the Department shall be sent via email to OOC_Utilities@mdot.maryland.gov.</text> </paragraph> <paragraph num="C."> <text>The Department shall notify the list of broadband providers maintained by the Department of any eligible joint trenching opportunity under this chapter and include the date by which the broadband provider must express interest in participating in the trenching project. To express their interest in participation, broadband providers shall send an email to OOC_Utilities@mdot.maryland.gov. The Department shall provide necessary information for an interested broadband provider to apply for necessary permits or approvals from the Department or, in the case of a local government project, a point of contact within the local government to proceed with necessary permits or approvals.</text> </paragraph> <paragraph num="D."> <text>A broadband provider shall comply with any other requirements of the Department or local government that would otherwise apply independent of joint trenching.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §8-654(e), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 27, 2022 (49:16 Md. R. 688)</annotation> </annotations> </chapter> <chapter num="19" heading="Vehicle Equipment—Portable Variable Messaging Signs—Authorization"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined:</text> <paragraph num="(1)"> <text>“MdMUTCD” means the Maryland Manual on Uniform Traffic Control Devices for Streets and Highways adopted in Transportation Article, §25-104, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Portable variable messaging sign”, also referred to as a “portable changeable message sign” in the MdMUTCD, means a sign that is capable of displaying more than one message, of which one message may be a blank display, and that is changeable manually, by remote control, or by automatic control.</text> </paragraph> <paragraph num="(3)"> <text>“Tow truck” has the meaning stated in Transportation Article, §13-920, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Tow Truck-mounted Portable Variable Messaging Signs."> <text>All tow truck-mounted portable variable messaging signs shall be:</text> <paragraph num="A."> <text>Permanently affixed to a tow truck;</text> </paragraph> <paragraph num="B."> <text>Installed at a height of at least 7 feet measured from the surface of the roadway to the bottom of the sign; and</text> </paragraph> <paragraph num="C."> <text>In conformance with the requirements of the MdMUTCD.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Message Display."> <paragraph num="A."> <text>A message may be displayed only while at the scene of a crash or a disabled vehicle.</text> </paragraph> <paragraph num="B."> <text>The message that may be displayed is “SLOW DOWN”, displayed as two lines in all upper-case letters.</text> </paragraph> <paragraph num="C."> <text>Any tow truck-mounted portable variable messaging sign shall only display static text that:</text> <paragraph num="(1)"> <text>Is colored yellow or amber, on an opaque black background;</text> </paragraph> <paragraph num="(2)"> <text>Is one consistent letter height of at least 10 inches; and</text> </paragraph> <paragraph num="(3)"> <text>Contains words within which the letter spacing is between 25 and 40 percent of the letter height.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The vertical spacing between the lines of text shall be between 50 and 75 percent of the letter height.</text> </paragraph> <paragraph num="E."> <text>The message shall not include animation, flashing, dissolving, exploding, scrolling, or other dynamic display elements.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§ 22–218(c)(7) and 22–218.2(a), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 16, 2026 (53:5 Md. R. 244)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Maryland Port Administration"> <chapter num="01" heading="Open Meetings"> <regulation prefix="Regulation" num=".01" heading="General."> <text>This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Port Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Commission” means the Maryland Port Commission.</text> </paragraph> <paragraph num="(3)"> <text>“Open Session” means any meeting of the Commission or the Administration required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Attendance."> <paragraph num="A."> <text>The general public is invited to attend and observe any open session of the Commission or the Administration.</text> </paragraph> <paragraph num="B."> <text>Except in instances when the Commission or the Administration expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disruptive Conduct."> <paragraph num="A."> <text>An individual attending an open session of the Commission or the Administration may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.</text> </paragraph> <paragraph num="B."> <text>The presiding officer may:</text> <paragraph num="(1)"> <text>Order any person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;</text> </paragraph> <paragraph num="(2)"> <text>Request police or other assistance to restore order; and</text> </paragraph> <paragraph num="(3)"> <text>Recess the open session while order is restored.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recording, Photocopying, and Broadcasting of Open Sessions."> <paragraph num="A."> <text>A member of the public, including any representative of the news media, may:</text> <paragraph num="(1)"> <text>Record discussions of the Commission or the Administration at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.</text> </paragraph> <paragraph num="(2)"> <text>Photograph or videotape the proceedings of the Commission or the Administration at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Commission, the Administration, or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A representative of the news media may broadcast or televise the proceedings of the Commission or the Administration at an open session if the equipment used:</text> <paragraph num="(1)"> <text>Is operated without excessively bright artificial light that disturbs members of the Commission, the Administration, or others attending the open session; and</text> </paragraph> <paragraph num="(2)"> <text>Does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if such restriction is necessary to maintain the orderly conduct of the open session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Recordings Not Part of Record."> <text>A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 7, 1976 (3:14 Md. R. 750)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)</annotation> </annotations> </chapter> <chapter num="02" heading="Hazardous Materials"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to persons at all Maryland Port Administration (MPA) port facilities and to the land and water carriers using these port facilities.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“CFR” means the Code of Federal Regulations.</text> </paragraph> <paragraph num="(2)"> <text>“Citation” means a charging document:</text> <paragraph num="(a)"> <text>Issued by an authorized member of the Maryland Transportation Authority (MdTA) Police, which specifies the offense for which the person stands accused; and</text> </paragraph> <paragraph num="(b)"> <text>Which is in the following form:</text> <paragraph num="(i)"> <text>For the purpose of traffic offenses under Transportation Article, §6-211, Annotated Code of Maryland, the Uniform Traffic Summons or Citation form is sufficient, when properly completed; or</text> </paragraph> <paragraph num="(ii)"> <text>For the purpose of any other offense, the MdTA Police's standard citation form is sufficient, when properly completed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Commodities requiring notification” means those hazardous materials which can be introduced into the Port without a specific permit, including those shipments in the waterborne mode.</text> </paragraph> <paragraph num="(4)"> <text>“Commodities requiring permits” means hazardous materials which present a high risk to the safety of persons or property at MPA port facilities, including those shipments in the waterborne mode.</text> </paragraph> <paragraph num="(5)"> <text>“Director of Security” means the MPA official in charge of security at the Maryland Port Administration.</text> </paragraph> <paragraph num="(6)"> <text>“Executive Director” means the Executive Director of the Maryland Port Administration.</text> </paragraph> <paragraph num="(7)"> <text>Fissile Material.</text> <paragraph num="(a)"> <text>“Fissile material” means (as defined in 49 CFR §173.403) plutonium 238, 239, or 241, or uranium 233 or 235, or any combination of these radionuclides.</text> </paragraph> <paragraph num="(b)"> <text>“Fissile material” does not mean:</text> <paragraph num="(i)"> <text>Material containing fissile nuclides;</text> </paragraph> <paragraph num="(ii)"> <text>Unirradiated natural uranium and unirradiated depleted uranium;</text> </paragraph> <paragraph num="(iii)"> <text>Natural uranium or depleted uranium that has been irradiated in thermal uranium;</text> </paragraph> <paragraph num="(iv)"> <text>Depleted uranium that has been irradiated in thermal reactors only; or</text> </paragraph> <paragraph num="(v)"> <text>Material listed in 49 CFR §173.453.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Hazardous material” means a substance or material including a hazardous substance which has been designated by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce.</text> </paragraph> <paragraph num="(9)"> <text>“Hazardous materials incident” means:</text> <paragraph num="(a)"> <text>An actual release of hazardous materials from the packaging or containment used for its transport or storage;</text> </paragraph> <paragraph num="(b)"> <text>The imminent danger of an actual release of hazardous materials from the packaging or containment used for its transport or storage; or</text> </paragraph> <paragraph num="(c)"> <text>The imminent danger of injury to persons or property due to the method of transportation or the place of storage of hazardous materials.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“IMDG Code” means the International Maritime Dangerous Goods Code.</text> </paragraph> <paragraph num="(11)"> <text>“Introduce in the Port” means the transporting, handling, storing, off-loading from, or loading on to a vessel, or having on board a vessel as cargo or via any means of transportation causing to be present at an MPA port facility any materials regulated there.</text> </paragraph> <paragraph num="(12)"> <text>“Manager, Safety, Environment, and Risk Management (SERM)” means the MPA official in charge of regulating the transportation and storage of hazardous materials, or the Manager's designee.</text> </paragraph> <paragraph num="(13)"> <text>“MdTA” means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(14)"> <text>“MdTA Police” has the meaning stated in COMAR 11.05.03.02.</text> </paragraph> <paragraph num="(15)"> <text>“MPA” means the Maryland Port Administration.</text> </paragraph> <paragraph num="(16)"> <text>“MPA port facility” means any one or more or combination of:</text> <paragraph num="(a)"> <text>Lands, piers, docks, wharves, warehouses, sheds, transit sheds, buildings, structures, and other facilities, appurtenances, and equipment used for or designed for use in connection with the operation of a port;</text> </paragraph> <paragraph num="(b)"> <text>Every kind of terminal or storage structure or facility used for or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;</text> </paragraph> <paragraph num="(c)"> <text>Every kind of transportation facility used for or designed for use in connection with any of these.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, broker, freight forwarder, agent, or representative of any kind, and any partnership, firm, association, public or private corporation, sole proprietorship, or any other entity.</text> </paragraph> <paragraph num="(18)"> <text>“Prohibited commodities” means hazardous materials which are barred from transportation by land or water carrier by either the US DOT regulations or the IMDG Code, or which present unacceptable risks to the safety of life and property in the Port of Baltimore as determined by the Manager, SERM or the Manager's designee.</text> </paragraph> <paragraph num="(19)"> <text>“Terminal operator” means the person controlling the land use of a marine terminal including railroads and lessees of facilities from the MPA.</text> </paragraph> <paragraph num="(20)"> <text>“US DOT regulations” means the United States Department of Transportation regulations contained in CFR, Titles 33, 46, and 49, which are incorporated by reference.</text> </paragraph> <paragraph num="(21)"> <text>“Vessel” means the vessel and those in charge of the vessel.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="International Maritime Dangerous Goods Code (IMDG Code)."> <paragraph num="A."> <text>The International Maritime Dangerous Goods Code (International Maritime Organization, London, U.K.; 1994 Consolidated Edition, Volumes I through IV, including amendments through 27-94 and errata), is incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>The IMDG Code is available for inspection at the following public offices:</text> <paragraph num="(1)"> <text>Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401, 410-974-2486;</text> </paragraph> <paragraph num="(2)"> <text>Maryland Port Administration, Risk Management/Safety Department, 2310 Broening Highway, Baltimore, Maryland 21224, 410-631-1063;</text> </paragraph> <paragraph num="(3)"> <text>U.S. Coast Guard, Activities Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226-1794, 410-576-2693;</text> </paragraph> <paragraph num="(4)"> <text>U.S. Coast Guard Headquarters, Office of Standards (G-MSO), 2100 2nd St., S.W., Washington, D.C. 20593-0001, 202-267-1142;</text> </paragraph> <paragraph num="(5)"> <text>Library of Congress, Madison Building, Law Library Reading Room, 101 Independence Ave., S.E., Washington, D.C. 20540, 202-707-5079 (Call Document No.: K4178.D3A25-1970); and</text> </paragraph> <paragraph num="(6)"> <text>U.S. Department of Transportation Library, 400 Seventh Street, Washington, DC 20590, 202-366-0746.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Administration."> <paragraph num="A."> <text>The Manager, SERM or the Manager's designee, shall administer these regulations.</text> </paragraph> <paragraph num="B."> <text>When a hazardous materials incident occurs, any person having knowledge of the hazardous materials incident shall immediately notify the Manager, SERM or the Manager's designee, and the nearest terminal operator. Notification to the Manager, SERM or the Manager's designee, may be through the MdTA Police Communications at the Dundalk Marine Terminal, by dialing 410-633-1092.</text> </paragraph> <paragraph num="C."> <text>The person who causes hazardous materials to be introduced into the Port of Baltimore is responsible for the prompt control, containment, mitigation, and removal of any hazardous materials discharged or released into the environment including, but not limited to, the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping into or on any land or water. This prompt control, containment, mitigation, and removal shall be done to the satisfaction of the Manager, SERM or the Manager's designee, or the responding enforcement authority.</text> </paragraph> <paragraph num="D."> <text>If a hazardous materials incident occurs at an MPA port facility, the Manager, SERM or the Manager's designee, may take such emergency action as may be necessary including removing or relocating any property or water carrier.</text> </paragraph> <paragraph num="E."> <text>Any expenses incurred by the MPA, pursuant to the use of this emergency authority, shall be reimbursed to the MPA by the person responsible for the hazardous materials incident in the same manner any debt would be due.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="General Requirements."> <paragraph num="A."> <text>A person may not introduce in the Port of Baltimore any hazardous materials, unless:</text> <paragraph num="(1)"> <text>The person complies with 49 CFR 171—174 and 176—178, and 33 CFR 126; and</text> </paragraph> <paragraph num="(2)"> <text>The cargo is properly classed, described, packaged, marked, labeled, placarded, and approved for highway, rail, or water transportation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, may reasonably enter an MPA port facility and inspect hazardous materials designated as cargo. These inspections shall be conducted during normal business hours and are confined to areas where cargo is introduced or stored.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Prohibited Commodities."> <paragraph num="A."> <text>Exceptions.</text> <paragraph num="(1)"> <text>U.S. Navy vessels, U.S. Coast Guard vessels, or foreign warships carrying any amount of explosives in magazines as part of their armament may enter an MPA port facility without securing a permit.</text> </paragraph> <paragraph num="(2)"> <text>A contractor may introduce in the Port explosives in such amounts as are reasonably necessary for construction and repair if the contractor obtains a permit as required by Regulation .06A(2) of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A person may not introduce in the Port:</text> <paragraph num="(1)"> <text>Prohibited commodities, unless the US DOT has granted an exception for its movement;</text> </paragraph> <paragraph num="(2)"> <text>Class 1, divisions 1.1 and 1.2 explosives, as defined in 49 CFR §§173.50 and 173.53, weighing more than 100 pounds net explosive weight, although in-transit Class 1, divisions 1.1 and 1.2 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;</text> </paragraph> <paragraph num="(3)"> <text>Class 1, divisions 1.2 and 1.3 propellant explosives, as defined in 49 CFR §§173.50 and 173.53 weighing more than 2,500 pounds net explosive weight, although in-transit Class 1, divisions 1.2 and 1.3 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;</text> </paragraph> <paragraph num="(4)"> <text>Any blasting agent, ammonium nitrate, or ammonium nitrate mixture, except as permitted in Regulation .06A(9) of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Commodities Requiring Permits."> <paragraph num="A."> <text>A person may not introduce in the Port any of the following commodities unless a permit has been obtained from the Manager, SERM or the Manager's designee:</text> <paragraph num="(1)"> <text>Class 1, divisions 1.1 and 1.2 explosives weighing 100 pounds net explosive weight or less, although a permit may not be issued by the MPA until the appropriate request covered by 33 CFR §127.17 has been favorably acted upon by the U.S. Coast Guard;</text> </paragraph> <paragraph num="(2)"> <text>Class 1, divisions 1.1 and 1.2 explosives for construction and repair, although a permit may not be issued by MPA until all permits required by federal, State, county, and city authorities, as appropriate, have been issued;</text> </paragraph> <paragraph num="(3)"> <text>Class 1, divisions 1.1 and 1.2 explosives over 100 pounds net explosive weight in marine transit;</text> </paragraph> <paragraph num="(4)"> <text>Class 1, divisions 1.2 and 1.3 explosives weighing 2,500 pounds net weight or less;</text> </paragraph> <paragraph num="(5)"> <text>Class 1, divisions 1.2 and 1.3 explosives over 2,500 pounds of net explosive weight in marine transit;</text> </paragraph> <paragraph num="(6)"> <text>Certain dangerous cargo (CDC) as defined in 33 CFR §160.204;</text> </paragraph> <paragraph num="(7)"> <text>Class 6, division 6.1 poisons, as defined in 49 CFR §173.132;</text> </paragraph> <paragraph num="(8)"> <text>Fissile material as defined in 49 CFR §173.403;</text> </paragraph> <paragraph num="(9)"> <text>Blasting agents, ammonium nitrate, and certain ammonium nitrate mixtures as specified in 49 CFR §176.415(a), the loading or unloading of which requires the written permission of the U.S. Coast Guard Captain of the Port; or</text> </paragraph> <paragraph num="(10)"> <text>Liquid hydrogen moving under a US DOT exemption.</text> </paragraph> </paragraph> <paragraph num="B."> <text>None of the hazardous materials listed in §A of this regulation may remain on any MPA port facility without a valid permit.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06-1" heading="Requirements for Explosives-Carrying Vessels."> <paragraph num="A."> <text>A vessel carrying quantities exceeding 100 pounds of Class 1, divisions 1.1 and 1.2 explosives or 2,500 pounds of Class 1, divisions 1.2 and 1.3 explosives, or both, in transit to or from an MPA port facility shall establish a security watch once tied up to any berth, pier, dock, or wharf.</text> </paragraph> <paragraph num="B."> <text>The security watch in §A of this regulation shall be a member of the MdTA Police Department, or armed security guard approved in advance by the MPA Manager, SERM or the Manager's designee, and the Director of Security or the Director's designee, and is considered a borrowed servant of the vessel.</text> </paragraph> <paragraph num="C."> <text>The security watch in §A of this regulation is required for both landside and waterside and the security watch shall be required during the entire duration of the vessel being tied up to the berth, pier, dock, or wharf. The security watch may also require an escort for the vessel when it enters and leaves the harbor. The decision to escort the vessel will be made by the Director of Security or the Director's designee.</text> </paragraph> <paragraph num="D."> <text>Costs incurred for the security watch in §A of this regulation shall be paid by and for the account of the vessel carrying the explosives.</text> </paragraph> <paragraph num="E."> <text>Affected vessels shall be required to provide a fire warp fore and aft on the outboard side.</text> </paragraph> <paragraph num="F."> <text>Before any longshoring operations on an affected vessel, an inspectional tour may be conducted by a representative of the Maryland Port Administration, and the affected vessel shall permit the inspection.</text> </paragraph> <paragraph num="G."> <text>Open flames, including burning, welding, or smoking, may not be permitted on or near the vessel.</text> </paragraph> <paragraph num="H."> <text>Affected vessels shall maintain at all times accessibility for ingress and egress of emergency equipment and personnel to and from the affected vessel and its cargo.</text> </paragraph> <paragraph num="I."> <text>All applicable international, federal, State, and local laws, rules, and regulations governing explosives shall apply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Time Limits for Explosives."> <text>Permitted cargo shipments of Class 1, divisions 1.1—1.3 explosives, may not remain on the land area of an MPA port facility for more than 6 hours.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Commodities Requiring Notification."> <text>Except in the case of flammable liquids handled at bulk petroleum terminals, any person required to notify the United States Coast Guard in compliance with 33 CFR §§126.17 and 127.27(b) shall notify the Manager, SERM or the Manager's designee, in the same manner.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Permit Procedures."> <paragraph num="A."> <text>The following persons shall make application to introduce in the Port any commodity requiring a permit:</text> <paragraph num="(1)"> <text>The Baltimore representative of a vessel whether or not the cargo is for import, export, in-transit shipment, or a landbridge movement; or</text> </paragraph> <paragraph num="(2)"> <text>Any other person who wishes to introduce in the Port any commodity requiring a permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In cases when commodities requiring a permit arrive in the MPA port facility and the Baltimore representative of the water carrier cannot be immediately identified, the person controlling the area where the hazardous material comes to rest on the MPA port facility shall apply for a permit at once.</text> </paragraph> <paragraph num="C."> <text>Applicants shall submit their application and send it to the Manager, SERM or the Manager's designee, Maryland Port Administration, by fax to 410-285-0921.</text> </paragraph> <paragraph num="D."> <text>Applicants shall send applications to the Manager, SERM or the Manager's designee, at least 48 hours before the arrival of the affected vessel at an MPA port facility.</text> </paragraph> <paragraph num="E."> <text>Under unusual circumstances, applicants may seek a permit by telephone at 410-633-1147, but in all cases, they shall promptly fax an application.</text> </paragraph> <paragraph num="F."> <text>When applying for a permit, the permit applicant shall state:</text> <paragraph num="(1)"> <text>The shipper's name, address, and, if possible, a telephone number;</text> </paragraph> <paragraph num="(2)"> <text>The shipping name and identification number prescribed for the hazardous material as required by 49 CFR §172.101 or 172.102, including the technical name when the material is described as “N.O.S.” (not otherwise specified) entry;</text> </paragraph> <paragraph num="(3)"> <text>The hazard class prescribed for the material as required by 49 CFR §172.101 or 172.102, or the IMDG Code;</text> </paragraph> <paragraph num="(4)"> <text>The total quantity (by weight, volume, or as otherwise appropriate) of the hazardous material covered by the description;</text> </paragraph> <paragraph num="(5)"> <text>The identification of the type of packages, such as barrels, drums, cylinders, and boxes;</text> </paragraph> <paragraph num="(6)"> <text>The complete consignee's name and address including the port of destination (if known) on exports;</text> </paragraph> <paragraph num="(7)"> <text>The name, scheduled date of arrival, and berth assignment (if known) of vessel involved;</text> </paragraph> <paragraph num="(8)"> <text>The date and estimated time of arrival of the hazardous materials at the terminal;</text> </paragraph> <paragraph num="(9)"> <text>The mode of land transport involved in transporting the hazardous material to or from the terminal;</text> </paragraph> <paragraph num="(10)"> <text>Whether the shipment is breakbulk or container, including the container or boxcar number; and</text> </paragraph> <paragraph num="(11)"> <text>If the shipment is a container, whether there is a stripping and stuffing requirement.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Requests for permits for fissile materials considered a certain dangerous cargo under 33 CFR §160.204 shall additionally include:</text> <paragraph num="(1)"> <text>The name of each fissile material;</text> </paragraph> <paragraph num="(2)"> <text>The type of packaging and identification marking as prescribed by 49 CFR 173;</text> </paragraph> <paragraph num="(3)"> <text>The activity in each package of the shipment in terms of curies, millicuries, or microcuries;</text> </paragraph> <paragraph num="(4)"> <text>The transport index assigned to each package in the shipment;</text> </paragraph> <paragraph num="(5)"> <text>The fissile class of each package unless the shipment is exempt pursuant to 49 CFR §173.453.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Requests for permits for ammonium nitrate shipments shall additionally include the composition of the material, including the percentage of ammonium nitrate by weight, along with a detailed description of the packaging.</text> </paragraph> <paragraph num="I."> <text>A permit may be denied if:</text> <paragraph num="(1)"> <text>The person requesting the permit has previously violated any of these regulations; or</text> </paragraph> <paragraph num="(2)"> <text>In the judgment of the Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, it would be unsafe or pose a potential security risk to introduce in the MPA port facility the hazardous material at that time.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Waiver."> <text>The Manager, SERM or the Manager's designee may waive any of the requirements in this chapter if:</text> <paragraph num="A."> <text>The request does not violate any applicable statutes, laws, other regulations, or ordinances;</text> </paragraph> <paragraph num="B."> <text>The request is reasonable under the circumstances.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Responsibility."> <paragraph num="A."> <text>No permit granted by the MPA and no inspection made by it may operate to shift to it or to its officials any responsibility for the improper packing, handling, storage, stowage, movement, classification, description, marking, labeling, or placarding of hazardous materials by others at MPA port facilities. MPA's issuance of a permit, or waiver of the requirements in this chapter does not constitute a waiver of the immunities granted to the MPA under law.</text> </paragraph> <paragraph num="B."> <text>The MPA does not assume a supervisory function with respect to these operations and may not be considered by the existence of these regulations to be in control of them. However, the MPA retains the right to direct the cessation of any operation in connection with the movement of hazardous materials at MPA port facilities, if, in the opinion of its Manager, SERM or the Manager's designee, safety requires this cessation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Appeals."> <paragraph num="A."> <text>A person aggrieved by any action of the Manager, SERM or the Manager's designee, under this chapter may appeal in writing or orally to the Executive Director.</text> </paragraph> <paragraph num="B."> <text>Written appeals shall be sent to the Maryland Port Administration, Executive Director, World Trade Center Baltimore, 401 East Pratt Street, 20th floor, Baltimore, Maryland 21202-3041.</text> </paragraph> <paragraph num="C."> <text>A person making an oral appeal shall promptly send to the Executive Director a written outline of key points to be considered.</text> </paragraph> <paragraph num="D."> <text>The Executive Director's decision shall be final. Upon request, the Executive Director will provide a decision in writing.</text> </paragraph> <paragraph num="E."> <text>The Executive Director may stay action while the request or appeal is pending except where a stay would cause an imminent threat of injury to persons or property in the Port.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Violations and Penalties."> <paragraph num="A."> <text>An MdTA police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 11, 1975 (2:13 Md. R. 930)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> </annotations> </chapter> <chapter num="03" heading="Vehicle Access, Parking, and Operation on Maryland Port Administration Property"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>This chapter applies to motor vehicles on all Maryland Port Administration property.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Access control point” means a location where credentials are produced and verified to ensure authorized access to the facilities.</text> </paragraph> <paragraph num="(2)"> <text>“Berth permit” means a permit issued by the MPA Office of Security or designee that permits parking upon a berth.</text> </paragraph> <paragraph num="(3)"> <text>“Cargo gate pass” means the document issued at the access control point by security personnel for a vehicle delivering or receiving cargo or designated as cargo.</text> </paragraph> <paragraph num="(4)"> <text>“Citation” has the meaning stated in COMAR 11.05.02.02B(2).</text> </paragraph> <paragraph num="(5)"> <text>“Conviction” means a plea of guilty, a finding of guilty, a plea of nolo contendere, or acceptance of probation before judgment.</text> </paragraph> <paragraph num="(6)"> <text>“Decal” means the individually numbered and adhesive backed decal that is issued and applied to the motor vehicle windshield by the MPA Office of Security or designee.</text> </paragraph> <paragraph num="(7)"> <text>“Electronic Pass” (E-Pass) means an electronic pass generated by the MPA and verified at the access control point by security personnel.</text> </paragraph> <paragraph num="(8)"> <text>“Law Enforcement Agency” has the meaning stated in Public Safety Article, §3-201(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Law Enforcement Permit” means a hang tag issued by the MPA Office of Security or designee to law enforcement and MPA Office of Security personnel.</text> </paragraph> <paragraph num="(10)"> <text>“MdTA Police” means Maryland Transportation Authority personnel designated as members of the Police Force under Transportation Article, §4-208, Annotated Code of Maryland, or any other police officers as defined by Public Safety Article, §3-201(e), Annotated Code of Maryland, and who are authorized to perform law enforcement duties on MPA property.</text> </paragraph> <paragraph num="(11)"> <text>MdTA Police Cadet means an employee of the Maryland Transportation Authority Police or any other law enforcement agency that is authorized to enforce parking regulations on MPA property.</text> </paragraph> <paragraph num="(12)"> <text>MdTA Police Port Detachment means personnel of the Maryland Transportation Authority Police or any other law enforcement agency that are specifically assigned to MPA property or Port facilities and that are authorized to enforce criminal laws and the regulations in this title.</text> </paragraph> <paragraph num="(13)"> <text>Motor Vehicle.</text> <paragraph num="(a)"> <text>“Motor vehicle”, except as otherwise used in these regulations, means a vehicle that is self-propelled, including all automobiles, whether or not privately owned.</text> </paragraph> <paragraph num="(b)"> <text>“Motor vehicle” also includes multipurpose passenger vehicles, van pool vehicles, trucks, truck tractors, trailers, semitrailers, pole trailers, motorcycles, export or import cargo, and special mobile equipment.</text> </paragraph> <paragraph num="(c)"> <text>“Motor vehicle” includes any vehicle qualifying as a motor vehicle which is subject to all the requirements of this chapter while being pulled or towed by another motor vehicle.</text> </paragraph> <paragraph num="(d)"> <text>“Motor vehicle” does not include vehicles designed to operate only on rails or tracks.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“MPA” means the Maryland Port Administration.</text> </paragraph> <paragraph num="(15)"> <text>“MPA property” means all property owned, leased, or operated by or under the control of the Maryland Port Administration.</text> </paragraph> <paragraph num="(16)"> <text>“Permit” means:</text> <paragraph num="(a)"> <text>The decal that is affixed to the vehicle windshield by the MPA Office of Security or designee;</text> </paragraph> <paragraph num="(b)"> <text>The visitor or vendor vehicle pass, cargo gate pass or E-Pass generated by the MPA and verified by security personnel at the facility access control point; or</text> </paragraph> <paragraph num="(c)"> <text>The 14-day pass issued by the MPA Office of Security or designee.</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Port facilities” means any one or more or combination of facilities and structures owned, leased, operated by, or under the control of the MPA, including:</text> <paragraph num="(a)"> <text>Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, or equipment useful or designed for use in connection with the operation of a port;</text> </paragraph> <paragraph num="(b)"> <text>Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;</text> </paragraph> <paragraph num="(c)"> <text>Every kind of transportation facility useful or designed for use in connection with any of these.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>Special Mobile Equipment.</text> <paragraph num="(a)"> <text>“Special mobile equipment” means vehicles that are not used primarily for highway transportation of people or property, but which are operated or moved on a highway only as an incident to their non-highway use.</text> </paragraph> <paragraph num="(b)"> <text>“Special mobile equipment” includes road construction or maintenance machines, mobile cranes, ditch diggers, well drillers, portable concrete mixers, job site vehicles, portable power generators, fork lift trucks, yard hustlers, straddle carriers, crew haulers, rubber tired gantries, and other vehicles used to move personnel around the terminals in connection with the movement of cargo in maritime commerce.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Tenant” means a person who has been given authorization to use a facility for cargo handling purposes under a lease or other contract with MPA.</text> </paragraph> <paragraph num="(20)"> <text>“Vehicle operator” means the person in actual physical control of a motor vehicle.</text> </paragraph> <paragraph num="(21)"> <text>“Visitor or Vendor vehicle pass” means the document issued at the access control point by security personnel for single day access to a facility for a motor vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Motor Vehicle Port Admission Permit."> <paragraph num="A."> <text>Permit Requirements.</text> <paragraph num="(1)"> <text>A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued a Decal or a Visitor, Vendor, 14-Day, Cargo Gate Pass or E-Pass in accordance with this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Failure to display the decal or pass properly may result in the denial of access to MPA property.</text> </paragraph> <paragraph num="(3)"> <text>Access to MPA property is subject to limitations and time frames specified by the MPA.</text> </paragraph> <paragraph num="(4)"> <text>A motor vehicle specifically exempted by these regulations is not subject to permit requirements.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Types of Permits.</text> <paragraph num="(1)"> <text>Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained a Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle’s front windshield with the expiration date clearly displayed.</text> </paragraph> <paragraph num="(2)"> <text>14-Day Pass. Non-decaled motor vehicles operated by authorized persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside.</text> </paragraph> <paragraph num="(3)"> <text>Visitor or Vendor Vehicle Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a printed Visitor or Vendor Pass, or shall display an E-Pass on their mobile device. Issuance of a Visitor or Vendor Pass or E-Pass requires prior notification to the MPA via its electronic database. The printed pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.</text> </paragraph> <paragraph num="(4)"> <text>Cargo Gate Pass. A Motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The vehicle operator shall be registered via MPA’s electronic database, eModal, before entering the facility.</text> </paragraph> <paragraph num="(5)"> <text>Exemptions. Special mobile equipment and emergency vehicles, as defined in Transportation Article, §11-118, Annotated Code of Maryland are exempt from the permit requirements of this chapter when they are being used:</text> <paragraph num="(a)"> <text>In the performance of official duties; or</text> </paragraph> <paragraph num="(b)"> <text>For conducting business on any MPA facility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Application Procedures.</text> <paragraph num="(1)"> <text>Requirements for a Decal. A person desiring a decal under this regulation shall:</text> <paragraph num="(a)"> <text>Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility;</text> </paragraph> <paragraph num="(b)"> <text>Submit a completed permit application to the MPA Office of Security or designee on the form provided;</text> </paragraph> <paragraph num="(c)"> <text>Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and</text> </paragraph> <paragraph num="(d)"> <text>Exhibit a valid State driver's license, of the class authorized for that particular type of vehicle, covering the person operating the vehicle at the time of application, and exhibit proof of insurance for the vehicle for which application is made.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Requirements for a Visitor or Vendor Vehicle Pass. A Visitor or Vendor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors and vendors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor or vendor’s entry to the facility shall provide all required identification information to the MPA in advance through MPA’s electronic database.</text> </paragraph> <paragraph num="(3)"> <text>Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:</text> <paragraph num="(a)"> <text>Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person’s failure to obtain a decal; and</text> </paragraph> <paragraph num="(b)"> <text>Receive prior authorization from the MPA, the MdTA Police, or a tenant or other user of the Port facility to be on the facility for the requested period.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass or E-Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass or E-Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Decision on Application for Decals.</text> <paragraph num="(1)"> <text>A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.</text> </paragraph> <paragraph num="(2)"> <text>If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.</text> </paragraph> <paragraph num="(3)"> <text>If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.</text> </paragraph> <paragraph num="(4)"> <text>An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Display of Decals and Passes.</text> <paragraph num="(1)"> <text>Decals. Upon approval of an application for a Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.</text> </paragraph> <paragraph num="(2)"> <text>14-Day Passes. Upon approval of an application for a 14-Day Pass, the MPA Office of Security or designee shall issue a 14-Day Pass to the applicant. This pass, upon issue, shall be prominently displayed within the front left windshield area of the vehicle and in full view from the exterior while the motor vehicle is on MPA property.</text> </paragraph> <paragraph num="(3)"> <text>Visitor or Vendor Vehicle Pass. Upon approval of a visitor or vendor's entrance into a facility, a designated security officer shall issue a Visitor or Vendor Vehicle Pass or E-Pass to the driver. The printed Visitor or Vendor Vehicle Pass shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.</text> </paragraph> <paragraph num="(4)"> <text>An operator or owner of a motor vehicle is in violation of this regulation if the owner or operator is required to display a decal or pass for the motor vehicle but:</text> <paragraph num="(a)"> <text>Does not display a decal or pass; or</text> </paragraph> <paragraph num="(b)"> <text>Displays an expired decal or pass.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Non-Transferability of Decals and Passes. A Decal or Visitor or Vendor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued.</text> </paragraph> <paragraph num="G."> <text>Termination of Decals and Passes.</text> <paragraph num="(1)"> <text>Decals.</text> <paragraph num="(a)"> <text>Upon termination of a Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee.</text> </paragraph> <paragraph num="(b)"> <text>Decal termination occurs on the earliest of:</text> <paragraph num="(i)"> <text>The date the need for facility access stated in support of the original application no longer exists (for example, termination of employment on the terminal);</text> </paragraph> <paragraph num="(ii)"> <text>The date the owner or operator voluntarily surrenders the permit;</text> </paragraph> <paragraph num="(iii)"> <text>The date the MPA Office of Security or designee revokes or suspends the permit.</text> </paragraph> <paragraph num="(iv)"> <text>The date ownership of the vehicle is transferred by the person who obtained the decal; or</text> </paragraph> <paragraph num="(v)"> <text>Upon expiration of the Decal.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Visitor or Vendor Vehicles Passes.</text> <paragraph num="(a)"> <text>The Visitor or Vendor Vehicle Pass shall be returned to a designated security officer or electronically closed upon departure of the motor vehicle from the facility.</text> </paragraph> <paragraph num="(b)"> <text>The Visitor or Vendor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>14-Day Passes.</text> <paragraph num="(a)"> <text>The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass.</text> </paragraph> <paragraph num="(b)"> <text>The 14-Day Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, when the need for which the permit was issued no longer exists, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>Notice of Changes in Conditions.</text> <paragraph num="(1)"> <text>Changes in the information given in the original application for the decal shall be reported by the applicant to the MPA Office of Security or designee immediately after the change.</text> </paragraph> <paragraph num="(2)"> <text>The following changes shall be reported:</text> <paragraph num="(a)"> <text>New motor vehicle registration plate number;</text> </paragraph> <paragraph num="(b)"> <text>Sale or other disposition of the motor vehicle;</text> </paragraph> <paragraph num="(c)"> <text>Loss of or damage to the decal;</text> </paragraph> <paragraph num="(d)"> <text>Change of regularly assigned place of employment;</text> </paragraph> <paragraph num="(e)"> <text>Change of applicant's employer; or</text> </paragraph> <paragraph num="(f)"> <text>Change in the home address of the owner of the motor vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>Limitations. The issuance of any decal or pass under this chapter or permission for any person to enter MPA property does not permit the motor vehicle or persons unrestricted access throughout a facility or unrestricted movement or parking in the facility for which the decal or pass is issued. Motor vehicles with decals or passes, and persons allowed to enter are permitted access to the property only when the need for access, as given in support of the application, exists. Every person in the facility shall obey these regulations regarding the operation and parking of motor vehicles together with all directives and signs issued by the MPA and all oral or written directions given by MdTA Police to implement this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Motor Vehicle Operations."> <paragraph num="A."> <text>Maryland Vehicle Law.</text> <paragraph num="(1)"> <text>Incorporation by Reference. All provisions of Transportation Article, Titles 11—27, Annotated Code of Maryland, are hereby incorporated by reference in these regulations.</text> </paragraph> <paragraph num="(2)"> <text>Interpretation.</text> <paragraph num="(a)"> <text>The portions of these regulations that are identical with or included by reference with corresponding portions of the Maryland Vehicle Law shall be interpreted and construed to make uniform these regulations, except that these regulations may supplement the Maryland Vehicle Law.</text> </paragraph> <paragraph num="(b)"> <text>If these regulations conflict with the Maryland Vehicle Law and cannot be reconciled with the law as provided, the Maryland Vehicle Law prevails and controls.</text> </paragraph> <paragraph num="(c)"> <text>The provisions of the Maryland Vehicle Law as incorporated in these regulations shall be interpreted as applying to the MPA in the following manner:</text> <paragraph num="(i)"> <text>“Traffic control devices” shall be interpreted as referring to traffic control devices established by the MPA;</text> </paragraph> <paragraph num="(ii)"> <text>“Markings, highways, and roadways” shall be interpreted as referring to markings, highways, and roadways or thoroughfares on MPA property, including shoulders, which are used for vehicular traffic;</text> </paragraph> <paragraph num="(iii)"> <text>“MdTA Police” has the meaning stated in Regulation .02 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Other provisions of the Maryland Vehicle Law shall be read in the context of MPA property and these regulations.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Registration Requirements. A motor vehicle driven on MPA property shall be registered as required by the Maryland Vehicle Law and display valid Maryland Registration Plates. However, registration is not required for motor vehicles driven on MPA property when the motor vehicle is actually being driven incidental to its handling as import or export cargo.</text> </paragraph> <paragraph num="C."> <text>Inspection Requirements.</text> <paragraph num="(1)"> <text>An MdTA Police officer may require that a motor vehicle operating on MPA property meet the minimum standards set out in the Maryland Vehicle Law.</text> </paragraph> <paragraph num="(2)"> <text>Failure to comply with the requirements of inspection after an owner or operator of a motor vehicle has been notified of an equipment repair order is grounds for revocation of a permit issued under these regulations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Operating Requirements. An act or omission by the operator of a motor vehicle which would constitute a violation of the Maryland Vehicle Law if committed upon a public highway or other roadway, whether or not the motor vehicle is required to have a permit with the MPA, constitutes a violation of these regulations, and a citation as authorized by the Maryland Vehicle Law may be issued. The offense may not be cited as a violation of these regulations, but shall refer instead to the particular section of the Transportation Article which has been violated.</text> </paragraph> <paragraph num="E."> <text>Facility Speed Limits.</text> <paragraph num="(1)"> <text>The maximum allowable speed on MPA roadways is 30 miles per hour except as otherwise posted.</text> </paragraph> <paragraph num="(2)"> <text>The maximum allowable speed at berth, shed, and cargo areas, or at any other area not designated as a roadway, is 10 miles per hour except as otherwise posted.</text> </paragraph> <paragraph num="(3)"> <text>The maximum allowable speed on any non-posted MPA roadway is 15 miles per hour.</text> </paragraph> <paragraph num="(4)"> <text>An individual may not drive a motor vehicle on MPA property in excess of the speed limit.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Defacing and Injuring Signs or Devices. A person may not deface, injure, move, or interfere with any sign, standard post, safety zone, semaphore, tower, automatic signal, or other traffic control device, or any part of one, or erase, or eradicate, obliterate, or otherwise render ineffective directions, lines, or marks painted or placed on the roadway or facility surface for the purpose of directing the flow of traffic or the parking of motor vehicles.</text> </paragraph> <paragraph num="G."> <text>Accidents and Reporting.</text> <paragraph num="(1)"> <text>Accidents. A vehicle operator involved in an accident with another motor vehicle or with a pedestrian shall stop the motor vehicle as close to the scene of the accident as possible without obstructing traffic, and immediately return to and remain at the scene of the accident until the vehicle operator has:</text> <paragraph num="(a)"> <text>Rendered reasonable assistance to an individual injured in the accident;</text> </paragraph> <paragraph num="(b)"> <text>Promptly reported the accident to the MdTA Police;</text> </paragraph> <paragraph num="(c)"> <text>Given to the occupant or other individual attending any other motor vehicle involved in the accident and to the responding MdTA Police officer the:</text> <paragraph num="(i)"> <text>Vehicle operator's name and address; and</text> </paragraph> <paragraph num="(ii)"> <text>Permit number or other identifying information of the motor vehicle the vehicle operator is operating; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Upon request, shown the vehicle operator's driver's license to the occupant or individual attending any other motor vehicle involved in the accident.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Collision with Unattended Motor Vehicles or Real or Personal Property. Any vehicle operator who collides with an unattended motor vehicle or with any real or personal property shall:</text> <paragraph num="(a)"> <text>Stop;</text> </paragraph> <paragraph num="(b)"> <text>Notify the MdTA Police;</text> </paragraph> <paragraph num="(c)"> <text>Locate the operator or owner of the motor vehicle or property and notify him of the accident, giving him the name and address of both the vehicle operator and the owner of the motor vehicle striking the unattended vehicle or property.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Report. The operator or owner of the motor vehicle involved in an accident immediately shall notify the MdTA Police and remain at the scene until their arrival. A copy of any accident report form required to be filed under Transportation Article, Title 20, Annotated Code of Maryland, shall be filed with the MdTA Police.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Restrictions on Special Vehicles.</text> <paragraph num="(1)"> <text>The operation of any two-wheeled motor vehicle or self-propelled vehicle on MPA property shall be approved in writing by the MPA Office of Security or designee.</text> </paragraph> <paragraph num="(2)"> <text>Unlicensed motor vehicles approved for use on MPA property are prohibited from using public roadways unless authorized by the Maryland Motor Vehicle Administration.</text> </paragraph> <paragraph num="(3)"> <text>Without advance written approval, bicycles and other self-propelled vehicles are prohibited on MPA terminals.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Parking on MPA Property."> <paragraph num="A."> <text>Jurisdiction.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, the MPA has jurisdiction to enforce all parking regulations on MPA property.</text> </paragraph> <paragraph num="(2)"> <text>The MPA may, by contract, limit the scope of its authority under this regulation in any area leased by the MPA.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Permitted Areas. Motor vehicles displaying valid port admission decals or passes may be parked only in those parking areas designated by the MPA and MdTA Police. A motor vehicle parked in an area not designated for parking or failing to display a proper permit is in violation of this chapter.</text> </paragraph> <paragraph num="C."> <text>Restrictions.</text> <paragraph num="(1)"> <text>Except when permitted by official signs, or when permitted by a member of the MdTA Police or required by a traffic control device, motor vehicles may not be parked, be permitted to stand, or be left unattended:</text> <paragraph num="(a)"> <text>In front of, across, or blocking any driveway, gate, doorway, pier, berth apron, loading platform, handicapped ramp, or cargo handling area, or upon any berth;</text> </paragraph> <paragraph num="(b)"> <text>Within 15 feet of any fire hydrant, standpipe, or sprinkler connection;</text> </paragraph> <paragraph num="(c)"> <text>On any sidewalk or in any crosswalk;</text> </paragraph> <paragraph num="(d)"> <text>Within 15 feet of any intersection, or within any intersection or any portion of the roadway, except where portions of a roadway may be designated for parking;</text> </paragraph> <paragraph num="(e)"> <text>Within 20 feet of the driveway entrance to a shed or warehouse, or inside a shed;</text> </paragraph> <paragraph num="(f)"> <text>Within 50 feet of the nearest rail or railroad, except on designated parking areas;</text> </paragraph> <paragraph num="(g)"> <text>In an area where the curb is painted yellow or in an area where a prohibition is indicated by posting of other markings placed under the authority of the MPA;</text> </paragraph> <paragraph num="(h)"> <text>On the roadway side of any motor vehicle stopped or parked at the edge of the roadway;</text> </paragraph> <paragraph num="(i)"> <text>On the roadway where parking is otherwise permitted but where any part of the nearest side of the motor vehicle parked is in excess of 12 inches from the nearest curb, side, or edge of the roadway;</text> </paragraph> <paragraph num="(j)"> <text>In such a way as to obstruct traffic;</text> </paragraph> <paragraph num="(k)"> <text>In such a way as to cause or be likely to cause a hazard to the health or safety of individuals on MPA property;</text> </paragraph> <paragraph num="(l)"> <text>In any designated handicapped parking space without displaying a handicapped registration plate or placard; or</text> </paragraph> <paragraph num="(m)"> <text>In any other area where parking or leaving a vehicle standing or unattended is not specifically authorized.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Special mobile equipment is subject to the same parking restrictions as motor vehicles under §C(1) of this regulation, except when actually involved in loading or unloading cargoes.</text> </paragraph> <paragraph num="(3)"> <text>Parking in Lined Areas. When parking or stopping a motor vehicle in any lined parking area, the motor vehicle may not occupy more than one lined space.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Repealed." /> <regulation prefix="Regulation" num=".07" heading="Identification."> <text>An individual on or entering MPA property shall provide proof of identity at the request of an MdTA Police officer, and shall provide the:</text> <paragraph num="A."> <text>Individual’s driver’s license and, at the discretion of the MdTA Police Officer, other official photo identification such as Transportation Worker Identification Credential (TWIC) or MPA Identification Card;</text> </paragraph> <paragraph num="B."> <text>Individual's name and address;</text> </paragraph> <paragraph num="C."> <text>Individual's current employer; and</text> </paragraph> <paragraph num="D."> <text>Reason the individual seeks admittance to or is on MPA property.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Search of Motor Vehicles."> <text>All motor vehicles, including the contents thereof, which enter, use, or are operated on MPA property are subject to reasonable search by an authorized member of the MdTA Police in accordance with the Constitution, laws, and regulations of the United States and the State of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Removal of Motor Vehicles."> <paragraph num="A."> <text>Records.</text> <paragraph num="(1)"> <text>The MdTA Police shall keep accurate records of all removals of motor vehicles, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to ensure voluntary removals. Motor vehicles moved by the MdTA Police shall be handled in accordance with Transportation Article, Title 25, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A facility operator other than the MPA that removes a motor vehicle from a facility shall notify the MdTA Police of the:</text> <paragraph num="(a)"> <text>Date and time of removal;</text> </paragraph> <paragraph num="(b)"> <text>Description of the vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>Location to which the vehicle was removed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The MdTA Police may remove a motor vehicle from a facility or to another part of the property if the MPA has jurisdiction under Regulation .05A of this chapter and the vehicle is:</text> <paragraph num="(1)"> <text>Unattended near an occupied building or cargo area, within 10 feet of a perimeter fence, or in another area where the vehicle causes or is likely to cause a safety or security risk;</text> </paragraph> <paragraph num="(2)"> <text>Illegally parked as to obstruct traffic;</text> </paragraph> <paragraph num="(3)"> <text>Causing or likely to cause a hazard to the health or safety of individuals on MPA property;</text> </paragraph> <paragraph num="(4)"> <text>Obstructing motor vehicle traffic;</text> </paragraph> <paragraph num="(5)"> <text>Impeding the movement and handling of cargoes by its position; or</text> </paragraph> <paragraph num="(6)"> <text>Abandoned on the facility property as provided in Transportation Article, §25-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Orders of the MdTA Police."> <text>A person may not willfully fail or refuse to comply with any lawful order or direction of a member of the MdTA Police in connection with the enforcement of these regulations.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Compliance with Regulations."> <text>Permission granted by the MPA to any person to enter or use MPA property constitutes an agreement by that person to comply with these regulations.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Obligations of Employers."> <text>Any employer conducting business on MPA property who knowingly permits a motor vehicle owned by him or under his control to be operated by an employee who does not have a valid driver’s license is in violation of these regulations. However, an employer may not be issued a citation for permitting an unlicensed driver to drive cargo-handling equipment which does not require the operator to possess a valid license.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Violations and Penalties."> <paragraph num="A."> <text>An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter.</text> </paragraph> <paragraph num="B."> <text>Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Penalties.</text> <paragraph num="(1)"> <text>Any person who violates a parking regulation under this section is subject to a fine not to exceed $50. A violation of a parking regulation is not a misdemeanor.</text> </paragraph> <paragraph num="(2)"> <text>Any person who violates any other regulation adopted under this chapter is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Penalties."> <paragraph num="A."> <text>Nonparking Offenses.</text> <paragraph num="(1)"> <text>Citations for offenses other than parking violations are answerable in the Maryland District Court and are subject to the provisions of Transportation Article, Title 26, Annotated Code of Maryland, and the Maryland Rules of Procedure.</text> </paragraph> <paragraph num="(2)"> <text>Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, Title 27, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Violations of Regulations .03, .07, and .10 of this chapter are punishable by a maximum fine of $500 and 60 days in jail.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Parking Offenses.</text> <paragraph num="(1)"> <text>A parking violation is not a misdemeanor, and the maximum fine which may be imposed is $50.</text> </paragraph> <paragraph num="(2)"> <text>Citations for violations of parking regulations are answerable as follows:</text> <paragraph num="(a)"> <text>Uncontested Cases. If the person charged in a citation elects not to contest the violation cited, the person may close all proceedings by mailing a certified check or money order, payable to the Maryland Port Administration in the amount stated on the citation, to the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202. Payment of the fine in an uncontested case is considered a conviction.</text> </paragraph> <paragraph num="(b)"> <text>Contested Cases.</text> <paragraph num="(i)"> <text>A person receiving a citation for a parking violation may elect to stand trial for the offense charged by notifying by mail the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202, that the person intends to stand trial.</text> </paragraph> <paragraph num="(ii)"> <text>This notice shall be given at least 5 days before the last date for voluntary payment as stated on the citation.</text> </paragraph> <paragraph num="(iii)"> <text>If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request on the notice electing trial that the officer appear.</text> </paragraph> <paragraph num="(iv)"> <text>If the officer's presence is not requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the matter set forth in the citation.</text> </paragraph> <paragraph num="(v)"> <text>If a timely notice of election to stand trial is received, the MPA shall forward the notice and citation to the appropriate court, which shall schedule the trial and notify the person charged of the date and time set.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the rules of procedure adopted by the Chief Judge of District Court.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension. Whenever two convictions of any person for violations of these regulations have been based upon citations charging any offense involving the operation or use or parking of a motor vehicle in such a manner as to endanger persons or property or to obstruct the free and efficient movement of cargoes, the police may request the person involved to show good cause why any permit connected with his name should not be suspended for a period of 60 days. If good cause, substantial hardship, or special mitigation is not shown, the 60-day suspension becomes effective upon the date of the suspension order.</text> </paragraph> <paragraph num="D."> <text>Revocation or Refusal of Permit Privileges.</text> <paragraph num="(1)"> <text>Permit privileges may be revoked or refused by the MPA Office of Security when:</text> <paragraph num="(a)"> <text>In the sole discretion of the MPA Office of Security, the revocation or refusal is warranted in the interest of the safety or security of a port facility, or of persons or property thereon, or any vessel secured thereto;</text> </paragraph> <paragraph num="(b)"> <text>The owner or operator of any motor vehicle issued a permit is convicted of two cited violations of these regulations within a 3-year period;</text> </paragraph> <paragraph num="(c)"> <text>The owner or operator of any motor vehicle issued a permit is charged with any of the following violations:</text> <paragraph num="(i)"> <text>A criminal violation involving the use or possession of a weapon;</text> </paragraph> <paragraph num="(ii)"> <text>A criminal violation involving theft;</text> </paragraph> <paragraph num="(iii)"> <text>Falsification of any information on the application for an identification badge or vehicle permit, or both;</text> </paragraph> <paragraph num="(iv)"> <text>Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person; or</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The owner or operator of any motor vehicle issued a permit is convicted of any of the following violations:</text> <paragraph num="(i)"> <text>Failing or refusing to report any vehicle accident occurring on MPA property;</text> </paragraph> <paragraph num="(ii)"> <text>Failing or refusing to comply with a lawful order or direction of a MdTA Police officer;</text> </paragraph> <paragraph num="(iii)"> <text>Falsification of any information on the application for permit;</text> </paragraph> <paragraph num="(iv)"> <text>Failure to comply with any requirements of the permit application;</text> </paragraph> <paragraph num="(v)"> <text>Driving while intoxicated, ability impaired, or under the influence (Transportation Article, §21-902, Annotated Code of Maryland);</text> </paragraph> <paragraph num="(vi)"> <text>Fleeing or eluding police;</text> </paragraph> <paragraph num="(vii)"> <text>Operating while license is refused, suspended, or revoked;</text> </paragraph> <paragraph num="(viii)"> <text>Any criminal violation involving theft;</text> </paragraph> <paragraph num="(ix)"> <text>Any criminal violation involving the possession or use of any weapon;</text> </paragraph> <paragraph num="(x)"> <text>Failing to respond to citations issued under these regulations; or</text> </paragraph> <paragraph num="(xi)"> <text>Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 15 calendar days after receipt of notification of revocation or refusal, a person may petition the MPA Office of Security for reconsideration of the revocation or refusal. Unless substantial hardship or special mitigation is shown, the permit shall be revoked or refused, and for a period of 1 year no further application for a permit made by that person, as owner or operator of any motor vehicle, will be favorably acted upon. The official records of the MVA, the State of Maryland Criminal Records Central Repository, the State of Maryland District and Circuit Courts, or the United States District Courts will suffice as evidence of convictions or violations under this chapter. This section does not bar the owners or operators of the vehicles for which the permits have been revoked or refused from entering the property of the MPA.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The procedures under this regulation shall be conducted in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>A decision rendered under this regulation shall be consistent with the purpose of these regulations as stated in Transportation Article, §6-211, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 3, 1975 (2:20 Md. R. 1300)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 8, 1995 (22:9 Md. R. 646)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> </annotations> </chapter> <chapter num="04" heading="Vessel Gaming Permits"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>These regulations establish the procedures and requirements for obtaining a Vessel Gaming Permit, and set forth the information which the operator or owner of a passenger cruise vessel shall provide to the Maryland Port Administration (MPA) and the Maryland State Police (MSP) in order to apply for a Vessel Gaming Permit.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="General."> <paragraph num="A."> <text>In order to conduct gaming aboard a vessel under the provisions of Transportation Article, §6-209, Annotated Code of Maryland, a vessel owner or operator shall obtain a Vessel Gaming Permit from the Maryland Port Administration.</text> </paragraph> <paragraph num="B."> <text>The MPA is the sole judge as to whether a Vessel Gaming Permit shall be issued, and once issued, whether a Vessel Gaming Permit shall be withdrawn.</text> </paragraph> <paragraph num="C."> <text>Failure to obtain a Vessel Gaming Permit from the MPA prohibits the vessel owner or operator from conducting or allowing any gaming operation on the vessel within the territorial waters of the State.</text> </paragraph> <paragraph num="D."> <text>Conducting or allowing a gaming operation on a vessel within the territorial waters of the State without a Vessel Gaming Permit may subject the vessel owner or operator to criminal prosecution under the provisions of Criminal Law Article, §12-105, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application and Permit."> <paragraph num="A."> <text>An applicant for a Vessel Gaming Permit shall complete a Vessel Gaming Permit Application, and submit two originally signed copies to the Manager of Cruise Marketing, Maryland Port Administration, World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202.</text> </paragraph> <paragraph num="B."> <text>The MPA shall send one of the completed applications to the MSP for its review.</text> </paragraph> <paragraph num="C."> <text>An application which has not been properly completed or is incomplete shall be rejected and returned to the applicant with the reasons for rejection.</text> </paragraph> <paragraph num="D."> <text>Fee. Each applicant shall send a nonrefundable fee to the Maryland Port Administration with each application package. The application fee shall be reasonable and determined by, and in the sole discretion of, the MPA and may change annually.</text> </paragraph> <paragraph num="E."> <text>Permit.</text> <paragraph num="(1)"> <text>Upon receipt of the application and fee, the MPA and the MSP shall conduct an inspection and investigation, and determine if the applicant qualifies for a Vessel Gaming Permit.</text> </paragraph> <paragraph num="(2)"> <text>If the permit is approved, the MPA shall issue the permit to the applicant.</text> </paragraph> <paragraph num="(3)"> <text>A Vessel Gaming Permit issued by the MPA shall be retained on the vessel specified in the permit.</text> </paragraph> <paragraph num="(4)"> <text>If the permit is not approved, the MPA shall notify the applicant of the reason for disapproval.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Vessel Gaming Permits shall be issued for a period not to exceed 1 year and shall only authorize gaming on the territorial waters of Maryland northeast to the Maryland-Delaware border and south to the Maryland-Virginia border if the vessel is:</text> <paragraph num="(1)"> <text>Underway;</text> </paragraph> <paragraph num="(2)"> <text>East of the Francis Scott Key Bridge; and</text> </paragraph> <paragraph num="(3)"> <text>Operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Withdrawal of Permit.</text> <paragraph num="(1)"> <text>The MPA shall withdraw a Vessel Gaming Permit if the holder of the permit violates the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The MPA shall withdraw a Vessel Gaming Permit only after:</text> <paragraph num="(a)"> <text>The MPA and the MSP conduct a joint investigation of the alleged violations of the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>The MPA provides the holder of a Vessel Gaming Permit with written notice of the holder's right to issue a written request for a hearing to be held before the Maryland Port Executive Director or the Executive Director's designee; and</text> </paragraph> <paragraph num="(c)"> <text>The Maryland Port Executive Director or the Executive Director's designee conducts a hearing in accordance with COMAR 11.01.14 if the holder of the Vessel Gaming Permit requests a hearing.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the Maryland Port Executive Director or the Executive Director's designee does not receive the permit holder's written request for a hearing within 30 days following the postmarked date of the MPA's written notice, the MPA may withdraw the permit without holding a hearing.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §6-209, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 18, 1977 (4:24 Md. R. 1807)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Operation of Vessels and Other Watercraft in Baltimore Harbor, repealed effective December 6, 1982 (9:24 Md. R. 2390)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Vessel Gaming Permits, adopted effective January 31, 1994 (21:2 Md. R. 99)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> </annotations> </chapter> <chapter num="05" heading="The World Trade Center Baltimore Building and Grounds"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>This chapter applies to all persons using World Trade Center (WTC) Property in any manner, whether tenants, MPA employees, or members of the public, including visitors, invitees, deliverymen, contractors, and the like.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“9/11 Memorial” means the marble plinth and the steel artifact from the World Trade Center New York mounted upon it located near the center of the WTC Plaza, the three limestone blocks from the Pentagon located at the east side of the WTC Plaza, the three black monoliths representing the crash of United Airlines Flight 93 at Shanksville, PA, also located at the east side of the WTC Plaza, and a stone marker on the east side of the WTC Plaza explaining the 9/11 Memorial. The term WTC Property includes the 9/11 Memorial.</text> </paragraph> <paragraph num="(2)"> <text>“Authorized” means acting under or pursuant to a written lease, contract, permit, or other evidence of right issued by the MPA or its building management contract.</text> </paragraph> <paragraph num="(3)"> <text>“Citation” has the meaning stated in COMAR 11.05.02.02B(2).</text> </paragraph> <paragraph num="(4)"> <text>“Commercial activity” means the exchange, trading, buying, hiring, selling, or peddling of commodities, goods, services, or property of any kind, or any revenue-producing activity.</text> </paragraph> <paragraph num="(5)"> <text>“Clients” means any persons or entities and their invited guests using the conference center on the 21st floor pursuant to a contract or agreement.</text> </paragraph> <paragraph num="(6)"> <text>“Emergency situations” means those conditions or situations resulting from fire, flood, riot, robbery, theft, weather, outages of power or public services, catastrophe or other cause, determined or reasonably apprehended by the MPA, MdTA Police, or authorized fire prevention officials to:</text> <paragraph num="(a)"> <text>Endanger the health, safety, or welfare of persons on WTC Property;</text> </paragraph> <paragraph num="(b)"> <text>Threaten the destruction, loss, or damage of public or private property located on WTC Property; or</text> </paragraph> <paragraph num="(c)"> <text>Disturb the normal and peaceful conduct of business activity on WTC Property.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Fire warden” means an individual within a tenant's premises and identified by the tenant as being responsible for assisting with evacuations in the event of a fire or other emergency.</text> </paragraph> <paragraph num="(8)"> <text>“MPA” means the Maryland Port Administration of the Maryland Department of Transportation, established by Transportation Article, §6-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“MdTA Police” means Maryland Transportation Authority personnel designated as members of the police force under Transportation Article, §4-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Normal business hours” means 8 a.m. until 6 p.m., Monday through Friday, except legal holidays or as modified by postings at WTC entrances from time to time.</text> </paragraph> <paragraph num="(11)"> <text>“Tenants” means those persons or businesses, and their employees, occupying or using office or commercial space in the building pursuant to a lease, contract, or employment with the MPA.</text> </paragraph> <paragraph num="(12)"> <text>“Working days” means Monday through Friday, except legal holidays.</text> </paragraph> <paragraph num="(13)"> <text>“WTC” means The World Trade Center Baltimore.</text> </paragraph> <paragraph num="(14)"> <text>“WTC building” means the structure known as The World Trade Center Baltimore, located at 401 E. Pratt Street in the City of Baltimore, Maryland, including the open-air WTC Arcade located on the southern sides of the building at the lobby level.</text> </paragraph> <paragraph num="(15)"> <text>“WTC Plaza” means the area between the north side of the building and the access driveway on Pratt Street and bound on the east and west sides of the WTC property by the concrete plank drainage system (drain tile).</text> </paragraph> <paragraph num="(16)"> <text>“WTC Property” means the WTC building, the WTC Plaza, and all structures, and improvements to said property, and all WTC parking areas, which are owned, leased, operated by, or under the control of the MPA.</text> </paragraph> <paragraph num="(17)"> <text>“WTC Security” means MdTA Police or a security firm under contract or subcontract with the MPA.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Use of WTC Property."> <paragraph num="A."> <text>Those using the WTC building, whether tenants, clients, or members of the public, are subject to the security procedures adopted by the MPA to control access to and within the building.</text> </paragraph> <paragraph num="B."> <text>The WTC building shall be open to tenants at all times, subject to WTC security procedures, except that the WTC building may be closed to tenants in emergency situations.</text> </paragraph> <paragraph num="C."> <text>The area of the WTC building operated by the City of Baltimore as a public observation area on the 27th floor and the designated routes of access to that area, including the exhibit area on the east side of the WTC lobby are:</text> <paragraph num="(1)"> <text>Open to tenants and the public at the discretion of the MPA during the hours of operation established for those activities;</text> </paragraph> <paragraph num="(2)"> <text>Subject to WTC security procedures; and</text> </paragraph> <paragraph num="(3)"> <text>Closed to tenants and the public at all other times and in emergency situations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Those areas of the WTC building operated as restaurants and shops and the designated routes of access to those areas are:</text> <paragraph num="(1)"> <text>Open to tenants and their invited guests at the discretion of the MPA during the hours of operations established for those activities subject to WTC security procedures; and</text> </paragraph> <paragraph num="(2)"> <text>Closed to tenants and their invited guests at all other times and in emergency situations.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The grounds which are part of the property are open to tenants, their invited guests, and the public at all times unless gated or posted as closed by the MPA, and shall be closed to tenants, their invited guests, and the public in emergency situations. The arcade on the waterside of the WTC shall be closed to the public by the MPA from time to time and in emergency situations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Security."> <paragraph num="A."> <text>Security for WTC Property may be provided by the MdTA Police or the MdTA Police's designee, and any security firm under contract or subcontract with the MPA.</text> </paragraph> <paragraph num="B."> <text>The MPA or the MdTA Police may:</text> <paragraph num="(1)"> <text>Establish and maintain a roster of persons authorized for regular access to the building;</text> </paragraph> <paragraph num="(2)"> <text>Issue WTC identification badges to persons authorized for regular access to the building;</text> </paragraph> <paragraph num="(3)"> <text>Issue WTC visitor badges to persons qualifying for temporary access to the building;</text> </paragraph> <paragraph num="(4)"> <text>Require that all persons in the building wear their WTC identification or visitor badges at all times while in the building;</text> </paragraph> <paragraph num="(5)"> <text>Restrict the access of persons within the building to certain areas as a condition of access;</text> </paragraph> <paragraph num="(6)"> <text>Refuse to grant access to or within the building to persons not qualifying for the access;</text> </paragraph> <paragraph num="(7)"> <text>Revoke the access of persons violating any of these regulations or the conditions of the granted access;</text> </paragraph> <paragraph num="(8)"> <text>Inspect any packages or parcels being brought into or taken from the building; and</text> </paragraph> <paragraph num="(9)"> <text>Issue or require tenants to issue property passes for equipment, supplies, or other material being brought into or taken from the building.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Individuals entering the building may be required to present valid picture identification to security personnel as a condition of access to the building.</text> </paragraph> <paragraph num="D."> <text>Tenants entering or leaving the building may be required to register their arrivals and departures with security personnel.</text> </paragraph> <paragraph num="E."> <text>Members of the public, including visitors, deliverymen, contractors, and others who have not been authorized for regular access to the building, may be required to register their arrivals and departures with the security personnel as a condition of access to the building. Access to tenant floors by deliverymen or couriers shall be limited to normal business hours only.</text> </paragraph> <paragraph num="F."> <text>Persons entering or leaving the building may be required to pass through a metal-detection device or use other security devices as a condition of access to the building.</text> </paragraph> <paragraph num="G."> <text>A person may not:</text> <paragraph num="(1)"> <text>Tamper or interfere with any monitoring, detection, security, or surveillance device on WTC Property;</text> </paragraph> <paragraph num="(2)"> <text>Tamper or interfere with the locks or closing mechanisms of any door, window, gate, or other opening on the WTC Property;</text> </paragraph> <paragraph num="(3)"> <text>Make, possess, use, or sell any forged, counterfeit, or falsely altered pass, permit, identification card, or badge, supposedly issued by or on behalf of the MPA; or</text> </paragraph> <paragraph num="(4)"> <text>Enter any posted restricted area of the building unless authorized by the MPA.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fire Safety."> <paragraph num="A."> <text>In the event of a fire emergency or a fire drill, those on WTC Property shall obey the instructions of the MdTA Police, the MPA, and the responding authority.</text> </paragraph> <paragraph num="B."> <text>Use of the elevators during a fire emergency or fire drill is prohibited, except when directed by the Baltimore City Fire Department.</text> </paragraph> <paragraph num="C."> <text>A person may not tamper or interfere with fire-fighting equipment or fire-alarm systems, including detection and monitoring devices.</text> </paragraph> <paragraph num="D."> <text>The MPA shall:</text> <paragraph num="(1)"> <text>Post evacuation routes;</text> </paragraph> <paragraph num="(2)"> <text>Provide copies of emergency procedures for fire wardens and assistants;</text> </paragraph> <paragraph num="(3)"> <text>Train fire wardens;</text> </paragraph> <paragraph num="(4)"> <text>Conduct periodic fire drills; and</text> </paragraph> <paragraph num="(5)"> <text>Make available a copy of the WTC Emergency Procedures upon request or on the MPA's internet website at www.marylandports.com.</text> </paragraph> </paragraph> <paragraph num="E."> <text>WTC tenants shall:</text> <paragraph num="(1)"> <text>Appoint fire wardens;</text> </paragraph> <paragraph num="(2)"> <text>Identify to the MPA and the MdTA Police the names of any individuals who need special assistance; and</text> </paragraph> <paragraph num="(3)"> <text>Adhere to all MPA and MdTA Police requirements associated with emergency procedures and evacuations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Preservation of Property."> <paragraph num="A."> <text>A person may not:</text> <paragraph num="(1)"> <text>Climb upon, damage, deface, destroy, disturb, harm, injure, remove, tamper with, or throw objects at or from any building, detection device, equipment, fixture, flower, improvement, marker, monitor, shrubbery, sign, structure, trees, or vegetation on WTC Property, unless authorized to do so by the MPA.</text> </paragraph> <paragraph num="(2)"> <text>Willfully abandon any personal property on WTC Property.</text> </paragraph> <paragraph num="(3)"> <text>Dump, deposit, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter on WTC Property, unless the litter is placed into a litter receptacle or container. The word “litter” means all rubbish, waste material, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.</text> </paragraph> <paragraph num="(4)"> <text>Post, affix, or attach in any way any pamphlets, posters, handbills, signs, notices, or advertisements in or on any building, equipment, fixture, improvement, sign, structure, trees, or vehicles on WTC Property, unless authorized to do so by the MPA.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A person who violates this regulation, in addition to any other penalties prescribed in this chapter, shall be liable for any loss or damages to real or personal property caused by the violation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Vehicles."> <paragraph num="A."> <text>Vehicles on WTC Property shall be operated in a safe and careful manner, complying with directions of the MPA, the MdTA Police, and posted signs.</text> </paragraph> <paragraph num="B."> <text>Vehicles may not:</text> <paragraph num="(1)"> <text>Block or obstruct entrances, driveways, walks, or loading dock;</text> </paragraph> <paragraph num="(2)"> <text>Be parked in unauthorized locations, or in locations reserved for other persons;</text> </paragraph> <paragraph num="(3)"> <text>Be parked in the WTC parking areas or loading dock unless authorized by the MPA.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Vehicles, including motor vehicles, motorcycles, mopeds, skate boards, and bicycles, may not be operated on parts of WTC Property, WTC Plaza, and WTC Arcade unless authorized by the MPA or the MdTA Police.</text> </paragraph> <paragraph num="D."> <text>The MdTA Police may issue permits or otherwise authorize vehicles to be parked in areas or for periods of time not otherwise permitted by this regulation.</text> </paragraph> <paragraph num="E."> <text>Driving or parking is not allowed on the WTC Plaza without written authorization from the MPA. This authorization shall be granted sparingly.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Prohibited Activities."> <paragraph num="A."> <text>Disorderly conduct, or conduct which creates loud and unseemly noises, or profane cursing, swearing, or using of obscene language, or conduct which unreasonably disturbs the tenants or the public in the course of normal business activity on WTC Property, or which disturbs the peace, is prohibited.</text> </paragraph> <paragraph num="B."> <text>Conduct which obstructs sidewalks, entrances, walkways, corridors, elevators, offices, stairways, or parking areas, or conduct which otherwise obstructs or hinders the tenants or the public in the course of normal business activity on WTC Property, is prohibited.</text> </paragraph> <paragraph num="C."> <text>The possession or carrying, either openly or concealed, or the use or discharge of any weapon on WTC Property is prohibited, except for official purposes and by authorized personnel.</text> </paragraph> <paragraph num="D."> <text>Commercial activity on WTC Property is prohibited, except when conducted by tenants within their leased or assigned spaces, or unless otherwise authorized by the MPA.</text> </paragraph> <paragraph num="E."> <text>The solicitation of money or contributions, commercial solicitation, the display of commercial advertising, and the collection of private debts on WTC Property is prohibited, unless authorized by the MPA. This prohibition does not apply to fund-raising activities approved by tenants for their own leased or assigned spaces and approved by the MPA, or to personal notices posted by tenants or by their employees on authorized bulletin boards within the tenant's own leased or assigned spaces.</text> </paragraph> <paragraph num="F."> <text>The possession or use of any controlled dangerous substances, or prescription drugs, except those prescribed by a physician and permitted by law, is prohibited. A person intoxicated by or under the influence of controlled dangerous substances or unauthorized prescription drugs may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property.</text> </paragraph> <paragraph num="G."> <text>The possession, in an open container, or the drinking of any alcoholic beverages while on WTC Property is prohibited, unless within the spaces leased or assigned to a tenant and authorized by that tenant. A person intoxicated by alcoholic beverages and endangering the safety of other persons or property or disturbing the tenants or the public may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property.</text> </paragraph> <paragraph num="H."> <text>Commercial photography and videotaping on WTC Property is prohibited, unless authorized by the MPA. News and other photography and videotaping on WTC Property shall be permitted, subject to these regulations, except that the photography and videotaping in the spaces leased or assigned to any tenant must be authorized by that tenant.</text> </paragraph> <paragraph num="I."> <text>Riding or using skateboards or roller skates on WTC Property is prohibited.</text> </paragraph> <paragraph num="J."> <text>Swimming, sunbathing, or fishing on or from WTC Property is prohibited.</text> </paragraph> <paragraph num="K."> <text>Engaging in boating activities on or from WTC Property is prohibited, unless authorized by the MPA.</text> </paragraph> <paragraph num="L."> <text>Dogs, cats, and other animals, except service animals, are prohibited on WTC Property, unless authorized by the MPA or the MdTA Police for official purposes.</text> </paragraph> <paragraph num="M."> <text>Smoking or carrying lighted materials in the WTC building is prohibited. Employees or invitees of WTC tenants or occupants may not smoke on WTC Property within 50 feet of any entrance to the WTC.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="First Amendment Activities."> <paragraph num="A."> <text>First Amendment Activities Covered by these Regulations.</text> <paragraph num="(1)"> <text>“Demonstration” means a gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.</text> </paragraph> <paragraph num="(2)"> <text>“Distribution” means the distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials.</text> </paragraph> <paragraph num="(3)"> <text>“Solicitation” means the solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes, or the collection of petition signatures.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations.</text> </paragraph> <paragraph num="C."> <text>Permits and Restrictions.</text> <paragraph num="(1)"> <text>A group of 15 or more persons desiring to engage in demonstration, distribution, or solicitation on WTC Property, must first obtain a written permit from the Administration for the proposed activity and, having obtained a permit, is sometimes referred to herein as a “Permittee.”</text> </paragraph> <paragraph num="(2)"> <text>Permits shall be issued on a first-come, first-served basis.</text> </paragraph> <paragraph num="(3)"> <text>The MPA may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, MPA may waive the fee based upon the ability of the applicant to pay the fee.</text> </paragraph> <paragraph num="(4)"> <text>These activities shall be confined to the WTC Plaza within areas designated by the Administration.</text> </paragraph> <paragraph num="(5)"> <text>These activities may not obstruct, delay, interfere with the free movement of, or impede any person, including, but not limited to pedestrians transiting the WTC Property, Tenants entering and exiting the WTC Building, or persons viewing or visiting the 9/11 Memorial. The Administration may designate and rope off reasonable ingress, egress, and public pedestrian routes.</text> </paragraph> <paragraph num="(6)"> <text>These activities shall be permitted only between 8 a.m. and 8 p.m., except that leafleting shall be permitted during large public events occurring in the Inner Harbor Park of Baltimore after 8 p.m.</text> </paragraph> <paragraph num="(7)"> <text>The number of participants in any permitted activity may be limited to a number reasonable under the circumstances, as determined by the Administration and the MDTA Police, to preserve safety, order, and ingress, egress, and public pedestrian routes.</text> </paragraph> <paragraph num="(8)"> <text>A person engaged in disorderly drinking as defined by the Baltimore City Police Ordinances or publically intoxicated as defined under Maryland law will not be permitted to participate in these activities.</text> </paragraph> <paragraph num="(9)"> <text>These activities shall be conducted in a peaceful and orderly manner. A person, group of persons, or organization participating in an activity may not:</text> <paragraph num="(a)"> <text>Impede, physically grasp at or touch Tenants, the public, or pedestrians using or transiting the WTC Property or viewing the 9/11 Memorial, or attach objects to their clothing without their consent;</text> </paragraph> <paragraph num="(b)"> <text>Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment;</text> </paragraph> <paragraph num="(c)"> <text>Engage in disorderly conduct;</text> </paragraph> <paragraph num="(d)"> <text>State or represent that he, she, or the organization is a representative of, or is otherwise affiliated with the Maryland Port Administration, the Maryland Department of Transportation, or the State of Maryland; or</text> </paragraph> <paragraph num="(e)"> <text>Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>A person, group of persons, or organization conducting an activity shall be responsible for maintaining the cleanliness of the WTC Property and for removing all litter attributable to their activities from the WTC Property before departure.</text> </paragraph> <paragraph num="(11)"> <text>Any person, organization, or other legal entity conducting an activity shall be responsible for any damages to any WTC Property, or to any other real or personal property, caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to any cleaning or repair costs incurred by MPA.</text> </paragraph> <paragraph num="(12)"> <text>Pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, and similar materials may not be left unattended on WTC Property.</text> </paragraph> <paragraph num="(13)"> <text>Electronic sound-amplifying equipment other than a battery operated handheld megaphone being used facing away from the plinth of the 9/11 Memorial may not be used in conducting these activities on WTC Property unless expressly authorized by MPA.</text> </paragraph> <paragraph num="(14)"> <text>A person, group of persons, or organization engaging in demonstration, distribution, or solicitation on WTC Property shall abide by the terms of the permit, this chapter, and local, State, and federal law.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Permits."> <paragraph num="A."> <text>The procedures in §C of this regulation shall be followed in applying for a permit to engage in demonstration, distribution, or solicitation on WTC Property.</text> </paragraph> <paragraph num="B."> <text>In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations.</text> </paragraph> <paragraph num="C."> <text>Procedures.</text> <paragraph num="(1)"> <text>Any group or organization of 15 or more persons seeking to engage in demonstration, distribution, or solicitation on WTC Property must first obtain a written permit from the Administration.</text> <paragraph num="(a)"> <text>To obtain a permit, the applicant shall submit to the Administration during normal business hours a written permit application no later than 2 working days before the date requested for the activity. MPA will waive or lessen this 2-day requirement in order to permit first amendment activities that arise in response to imminent events.</text> </paragraph> <paragraph num="(b)"> <text>The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The application for the permit shall include:</text> <paragraph num="(a)"> <text>The full name, mailing address, telephone number, and email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative;</text> </paragraph> <paragraph num="(b)"> <text>The full name, mailing address, telephone number, and email address of the person who will supervise and be responsible for the conduct of the proposed activities;</text> </paragraph> <paragraph num="(c)"> <text>The date and times of the proposed activity, provided that a permit will not be issued for any time between the hours of 8 p.m. and 8 a.m.;</text> </paragraph> <paragraph num="(d)"> <text>A brief description of the proposed activity, including the method of communication and which type of permit is requested, for example, whether for demonstration, distribution, or solicitation;</text> </paragraph> <paragraph num="(e)"> <text>The number of persons expected to participate; and</text> </paragraph> <paragraph num="(f)"> <text>The signature of the applicant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Application Review.</text> <paragraph num="(a)"> <text>The WTC Manager shall review each application promptly.</text> </paragraph> <paragraph num="(b)"> <text>If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant.</text> </paragraph> <paragraph num="(c)"> <text>If the application is complete, the WTC Manger shall forward the application to the MDTA Police, and the Administration Security Department for review, comment, and signature.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds:</text> <paragraph num="(a)"> <text>The information contained in the permit application is incomplete or contains material misrepresentations;</text> </paragraph> <paragraph num="(b)"> <text>The applicant refuses to sign the permit;</text> </paragraph> <paragraph num="(c)"> <text>The proposed activity interferes with a previously issued permit or scheduled event;</text> </paragraph> <paragraph num="(d)"> <text>An emergency situation exists;</text> </paragraph> <paragraph num="(e)"> <text>The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial;</text> </paragraph> <paragraph num="(f)"> <text>The proposed activity interferes materially with the normal business activities of WTC tenants;</text> </paragraph> <paragraph num="(g)"> <text>The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or</text> </paragraph> <paragraph num="(h)"> <text>The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The applicant shall sign the permit and return it to the offices of the WTC Manager at least 12 hours before the proposed activity. MPA will waive or lessen this twelve-hour requirement in order to permit first amendment activities that arise in response to imminent events.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A permit may be revoked at any time if the:</text> <paragraph num="(1)"> <text>Terms or conditions of the permit are violated;</text> </paragraph> <paragraph num="(2)"> <text>Activities or conduct of the Permittee present a clear and present danger to the public health, welfare, or safety; or</text> </paragraph> <paragraph num="(3)"> <text>Activities of the Permittee constitute a violation of any applicable law or regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Appeal of Permit Decisions.</text> <paragraph num="(1)"> <text>Any person whose permit request is denied in full or in part, or revoked, may appeal the decision to the MPA Director of Commercial Management, by means of a letter stating the grounds therefore, within 5 working days of receiving a response from the WTC Manager.</text> </paragraph> <paragraph num="(2)"> <text>The MPA Director of Commercial Management shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within 7 working days of receipt of such appeal.</text> </paragraph> <paragraph num="(3)"> <text>The MPA Director of Commercial Management’s decision shall be sent certified mail to the responsible person at the address provided, with a copy by email or fax, or both, when provided, and shall be effective upon such service.</text> </paragraph> <paragraph num="(4)"> <text>The MPA Director of Commercial Management’s decision shall constitute a final decision of the Administration, and may be appealed to an appropriate court as provided by law.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Refusal to Leave WTC Property Upon Request."> <text>The WTC Property is subject to Criminal Law Article, §6-409, Annotated Code of Maryland. A person refusing or failing to leave WTC Property, upon proper request to do so by an authorized agent of the MPA, shall be guilty of a misdemeanor, and upon conviction may be fined not more than $1,000 or imprisoned for not more than 6 months, or both.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Penalties."> <paragraph num="A."> <text>An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Except as otherwise provided by law or by these regulations, the maximum penalties for violating any of the regulations in this chapter are a fine of $500 or imprisonment for not more than 1 year, or both.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 24, 1978 (5:6 Md. R. 468)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 4, 2014 (41:15 Md. R. 891)</annotation> </annotations> </chapter> <chapter num="06" heading="Deposit of Dredged Materials on Administration Property"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations govern the deposit by any person of dredged material on property owned, leased, or operated by the Maryland Port Administration.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Intent."> <text>These regulations are intended to enable the Maryland Port Administration to enhance the flow of international and interstate commerce through the Port of Baltimore by making available certain portions of its property for use, to the extent available, as containment sites for dredged material generated by maritime businesses located in and around the Port of Baltimore.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Dredged material” means material excavated or dredged from the waters of the State.</text> </paragraph> <paragraph num="(2)"> <text>“Facility” means a containment structure intended for the confinement of dredged material, located on property owned, leased, or operated by the MPA.</text> </paragraph> <paragraph num="(3)"> <text>“MPA” means the Maryland Port Administration.</text> </paragraph> <paragraph num="(4)"> <text>“Person” means:</text> <paragraph num="(a)"> <text>An individual or a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association;</text> </paragraph> <paragraph num="(b)"> <text>Two or more persons having a joint or common interest; or</text> </paragraph> <paragraph num="(c)"> <text>Any other legal or commercial entity.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Port of Baltimore” means the Patapsco River and its tributaries lying west of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Deposit of Dredged Material."> <paragraph num="A."> <text>As a condition of and before depositing dredged material in a facility, a person shall:</text> <paragraph num="(1)"> <text>Obtain, at the person's own cost and expense, and keep in force until depositing is completed, all permits and certifications necessary for dredging or deposit of dredged material;</text> </paragraph> <paragraph num="(2)"> <text>Submit to the Deputy Director for Harbor Development for approval plans and specifications detailing the proposed construction or depositing to be performed, with those plans and specifications containing, at a minimum:</text> <paragraph num="(a)"> <text>The quantity of material to be deposited;</text> </paragraph> <paragraph num="(b)"> <text>The method of delivery of the material;</text> </paragraph> <paragraph num="(c)"> <text>The method of depositing and spreading the material;</text> </paragraph> <paragraph num="(d)"> <text>Any dike construction, reconstruction, or sloping made necessary by the depositing;</text> </paragraph> <paragraph num="(e)"> <text>Any seeding or mulching of the dike, if necessary; and</text> </paragraph> <paragraph num="(f)"> <text>Any other information reasonably required by the Deputy Director for Harbor Development to evaluate the proposed construction or depositing;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Submit to the Deputy Director for Harbor Development a complete chemical and physical analysis of the material to be deposited in the facility;</text> </paragraph> <paragraph num="(4)"> <text>Submit to the Deputy Director for Harbor Development an accounting system capable of calculating, in a manner satisfactory to the MPA, the quantity of dredged material being deposited;</text> </paragraph> <paragraph num="(5)"> <text>Execute an agreement in a form satisfactory to the MPA.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Material containing any substance in sufficient concentration to be designated as hazardous by applicable federal, State, or local law or regulation may not be deposited in a facility.</text> </paragraph> <paragraph num="C."> <text>The MPA shall inspect, monitor, and approve or disapprove the methods of disposal of dredged material in a facility.</text> </paragraph> <paragraph num="D."> <text>Final acceptance of dredged material going into a facility is at the sole discretion of the MPA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fee."> <text>The fee for depositing dredged material in a facility shall be a reasonable fee, to be determined by, and in the sole discretion of, the MPA, of not less than $2 per cubic yard. If the fee is in the form of an exchange of property, goods, or services, or all of these, it requires the approval of the Maryland Port Commission.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Exceptions."> <text>The fee requirements as set forth in Regulation .05 of this chapter do not apply to the MPA or its contractors or subcontractors, or other agencies of the State.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §6-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 1982 (9:11 Md. R. 1128)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);</annotation> <annotation type="History" subtype="Administrative History">October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)</annotation> </annotations> </chapter> <chapter num="07" heading="Maryland Port Terminals, Properties, and Vessels Security"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>This chapter applies to all users, as defined in Regulation .02 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Citation” has the meaning stated in COMAR 11.05.03.02B(2).</text> </paragraph> <paragraph num="(2)"> <text>“MPA property” has the meaning stated in COMAR 11.05.03.02B(9).</text> </paragraph> <paragraph num="(3)"> <text>“Port facilities” has the meaning stated in COMAR 11.05.03.02B(11).</text> </paragraph> <paragraph num="(4)"> <text>“Terminals” means those portions of port facilities, including but not limited to the piers, wharves, bulkheads, docks, banks, and other facilities, under the control of the MPA including but not limited to:</text> <paragraph num="(a)"> <text>Childs Street (Pier 4);</text> </paragraph> <paragraph num="(b)"> <text>Clinton Street (Pier 1);</text> </paragraph> <paragraph num="(c)"> <text>Cox Creek;</text> </paragraph> <paragraph num="(d)"> <text>Dundalk Marine Terminal;</text> </paragraph> <paragraph num="(e)"> <text>Fairfield Automobile Terminal;</text> </paragraph> <paragraph num="(f)"> <text>Hawkins Point Marine Terminal;</text> </paragraph> <paragraph num="(g)"> <text>Locust Point Marine Terminal—North;</text> </paragraph> <paragraph num="(h)"> <text>Locust Point Marine Terminal—South;</text> </paragraph> <paragraph num="(i)"> <text>Masonville Marine Terminal; and</text> </paragraph> <paragraph num="(j)"> <text>Seagirt Marine Terminal.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“TWIC” means the Transportation Worker Identification Credential issued by the federal government pursuant to Title 49 Code of Federal Regulations and Navigation and Inspection Circular 03-07.</text> </paragraph> <paragraph num="(6)"> <text>“User” means an ocean carrier, rail carrier, lighter operator, motor carrier, custom house broker, independent contractor, stevedore, freight forwarder, shipper, consignee, or other user of, or person present on MPA property or within 100 feet of port facilities or any vessel secured thereto, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Security."> <paragraph num="A."> <text>Security-Based Entry and Exclusion.</text> <paragraph num="(1)"> <text>The MPA may enter a user's premises on a port facility at any time to address any matter that, in the MPA's sole discretion, warrants such entry in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.</text> </paragraph> <paragraph num="(2)"> <text>The MPA may bar any user from entering any premises on a port facility, including that leased to the user, if, in the MPA's sole discretion, the bar is warranted in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.</text> </paragraph> <paragraph num="(3)"> <text>The MPA may revoke the authorization of any user to enter any premises on a port facility, including that leased to the user, if the person is charged with:</text> <paragraph num="(a)"> <text>A criminal violation involving the use or possession of a weapon;</text> </paragraph> <paragraph num="(b)"> <text>A criminal violation involving theft;</text> </paragraph> <paragraph num="(c)"> <text>Falsification of any information on the application for an identification badge or vehicle permit, or both; or</text> </paragraph> <paragraph num="(d)"> <text>Misuse of another person’s identification card or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification card or vehicle permit issued to another person.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The revocation will remain in effect:</text> <paragraph num="(a)"> <text>From the date charges are filed until the charges are adjudicated;</text> </paragraph> <paragraph num="(b)"> <text>For a period of 1 year from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment; or</text> </paragraph> <paragraph num="(c)"> <text>Permanently from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment for a second or subsequent offense under these regulations.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Access.</text> <paragraph num="(1)"> <text>Entry onto MPA property is not allowed without prior MPA approved access, MPA approved identification, and a valid business purpose.</text> </paragraph> <paragraph num="(2)"> <text>Anyone who enters MPA terminals shall have and display either a TWIC card or an MPA approved visitor credential.</text> </paragraph> <paragraph num="(3)"> <text>All persons shall comply with Navigation and Inspection Circular 03-07, regarding escorts of visitors while entering or while on any MPA facility.</text> </paragraph> <paragraph num="(4)"> <text>A vessel not authorized in advance by the MPA may not approach or dock at a port facility at any time.</text> </paragraph> <paragraph num="(5)"> <text>Authorized vessels wishing to approach or dock at a port facility shall give 24 hours advance notice by calling Maryland Transportation Authority (MdTA) Police at (410) 633-1119.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exceptions. Bona fide law enforcement, fire, or emergency medical service personnel are exempt from these entry regulations when performing their official duties and in possession of an approved identification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Prohibited Activities."> <paragraph num="A."> <text>A user, an employee or invitee of a user, or any other person may not:</text> <paragraph num="(1)"> <text>On port facilities or MPA property:</text> <paragraph num="(a)"> <text>Provide false information to gain access to a terminal or to cargo;</text> </paragraph> <paragraph num="(b)"> <text>Violate, interfere with, tamper with, or otherwise attempt to circumvent any security procedures of the MPA;</text> </paragraph> <paragraph num="(c)"> <text>Violate any State or federal statute or regulation; or</text> </paragraph> <paragraph num="(d)"> <text>Hunt or discharge firearms; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Within 100 feet of a port facility when not occupied by a vessel or within 100 feet of any vessel moored to a port facility:</text> <paragraph num="(a)"> <text>Swim, dive, or wade;</text> </paragraph> <paragraph num="(b)"> <text>Fish or crab; or</text> </paragraph> <paragraph num="(c)"> <text>Engage in recreational boating.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A user, or an employee or invitee of the user, or any other person may not do any of the following on port facilities or MPA property, without express written authorization by the MPA:</text> <paragraph num="(1)"> <text>Deliver, receive, or remove cargo or equipment to or from a port facility without following established procedures;</text> </paragraph> <paragraph num="(2)"> <text>Damage or remove property of the MPA or any user without authorization by the owner of the property or the owner's designee;</text> </paragraph> <paragraph num="(3)"> <text>Dump personal trash, waste, or any other material;</text> </paragraph> <paragraph num="(4)"> <text>Possess weapons or firearms;</text> </paragraph> <paragraph num="(5)"> <text>Fish or crab;</text> </paragraph> <paragraph num="(6)"> <text>Swim or dive; or</text> </paragraph> <paragraph num="(7)"> <text>Operate, park, or store vehicles off-road.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Film, videotape, or other image-retention media used on a terminal to capture images of security sensitive sites, restricted areas or other critical infrastructure regulated by 33 CFR, §105.260 and that the MPA Office of Security or the MdTA Police, in its sole discretion, determines to constitute a breach of security, shall be subject to confiscation. Confiscation and retention of property under this section shall be performed in accordance with MdTA Police procedures.</text> </paragraph> <paragraph num="D."> <text>Except as provided in §C of this regulation, and only with advance notice to the MPA Office of Security, photography, filming, or video camera use is permitted by:</text> <paragraph num="(1)"> <text>Law enforcement officers or employees of other government agencies including but not limited to the United States Coast Guard, United States Department of Homeland Security, MdTA Police, and the Baltimore City Police Department for law enforcement or homeland security purposes;</text> </paragraph> <paragraph num="(2)"> <text>MPA employees within the scope of their employment;</text> </paragraph> <paragraph num="(3)"> <text>Exclusive representative of employees under State Personnel and Pensions Article, Title 3, Annotated Code of Maryland, to protect the health and safety of employees;</text> </paragraph> <paragraph num="(4)"> <text>Ocean carriers, rail carriers, lighter operators, motor carriers, custom house brokers, independent contractors, stevedores, freight forwarders, shippers, consignees, or other users of port facilities, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities as part of their legitimate business activities on MPA property; and</text> </paragraph> <paragraph num="(5)"> <text>Members of the news media or others persons who have received advance authorization from the MPA.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Violations and Penalties."> <paragraph num="A."> <text>An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §6-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 26, 2007 (34:4 Md. R. 401)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="Maryland Transit Administration"> <chapter num="01" heading="Free Speech Activities on Maryland Transit Administration Premises"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>These regulations apply to all persons engaging in free speech activities, as defined in this chapter, on MTA premises. These regulations are necessary to preserve the facilities of MTA for their dedicated purpose, to provide for the safe and efficient operation of the MTA system, and to provide guidance on the use of available MTA facilities for non-MTA purposes. In the event of any conflict between the provisions of this chapter and applicable federal laws and regulations, the provisions of the federal laws and regulations shall control to the extent of that conflict.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Administrator” means the Maryland Transit Administrator, whose office is established pursuant to Transportation Article, §7-202, Annotated Code of Maryland, or the Administrator's designee.</text> </paragraph> <paragraph num="(3)"> <text>“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.</text> </paragraph> <paragraph num="(4)"> <text>“Bus” means a motor vehicle that is designed and used to carry people, is operated by the MTA on a fixed route and predetermined schedule, or is operated under contract to MTA by an authorized private carrier.</text> </paragraph> <paragraph num="(5)"> <text>“Commercial speech” means expression related solely to the economic interests of the speaker and its audience. Commercial speech does not include transactions related to any free speech activity as defined herein.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the Maryland Department of Transportation established pursuant to Transportation Article, §2-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Emergency” means those conditions or situations resulting from fire, flood, riot, unusual congested conditions, weather, labor strikes or walkouts, outages of power or public services, catastrophe, emergency security measures, or other causes determined by the Governor, the Secretary of the Maryland Department of Transportation, the Administrator, the MTA Chief of Police, or the MTA Manager of Safety and Risk Management to endanger the health, safety, or welfare of persons using MTA services or MTA employees on or upon MTA facilities and equipment, or the MTA facilities and equipment themselves.</text> </paragraph> <paragraph num="(8)"> <text>“Free area” means those portions of MTA facilities open to the general public during such time the facility is open to the general public, but does not include the portion of any area of a MTA facility beyond or inside the turnstile or fare gates and any area within 15 feet of an escalator, elevator, tracks, emergency exit, stairway, fare gate, kiosk, ticket vending machine, money changer, information center, main terminal entrance, locations where transit patrons are in line, or bus stop or shelter.</text> </paragraph> <paragraph num="(9)"> <text>“Free speech activity” means any manner of organized exercise of rights and privileges that deal with political, religious, or social matters and are noncommercial.</text> </paragraph> <paragraph num="(10)"> <text>“Group of individuals” means three or more individuals.</text> </paragraph> <paragraph num="(11)"> <text>“Light Rail” means the light rail line owned and operated by MTA in Baltimore County, Baltimore City, and Anne Arundel County.</text> </paragraph> <paragraph num="(12)"> <text>“MARC” means commuter rail service operated under contract to the Maryland Transit Administration.</text> </paragraph> <paragraph num="(13)"> <text>“Metro” means the heavy rail subway line operated by MTA in Baltimore County and Baltimore City.</text> </paragraph> <paragraph num="(14)"> <text>“MTA” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“MTA facility” or “MTA facilities” mean all property owned, leased, operated, or controlled, whether by ownership or easement, by the MTA in connection with its operation of transit service, and includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or used or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation.</text> </paragraph> <paragraph num="(16)"> <text>“MTA service” means transportation by means of transit vehicles or through transit facilities of persons and their packages in service operated by MTA, or by an entity under contract to MTA.</text> </paragraph> <paragraph num="(17)"> <text>“Persons” means any individual, organization, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative of them.</text> </paragraph> <paragraph num="(18)"> <text>“Solicit or solicitation” means requesting transit patrons give alms, funds, donations, contributions, signatures, personal information, or other information for a non-MTA purpose.</text> </paragraph> <paragraph num="(19)"> <text>“Transit patron” means a person in and upon any MTA facility or equipment for the purpose of using available public transportation service.</text> </paragraph> <paragraph num="(20)"> <text>“Transit vehicle” means a mobile device used in rendering transit service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Free Speech Activity."> <paragraph num="A."> <text>A person desiring to have a group of individuals engage in free speech activity on, in, or within an MTA facility shall notify the MTA Office of Customer Information of the intent to do so at least 5 weekdays in advance of the event to permit MTA ample time to ensure availability of free space, and allocate sufficient resources to maintain efficient operations.</text> </paragraph> <paragraph num="B."> <text>Notification of the intent to conduct a free speech activity in, on or within an MTA facility shall be submitted to the MTA Office of Customer Information on a form prescribed by the Administrator. The form shall be available at www.mta.maryland.gov or obtained from the MTA Office of Customer Information. The form shall be submitted online or sent to the MTA Office of Customer Information at 6 St. Paul Street, Baltimore, Maryland 21202. Each notification shall include:</text> <paragraph num="(1)"> <text>The full name, mailing address, and telephone number of the persons:</text> <paragraph num="(a)"> <text>Sponsoring, promoting, or conducting the proposed activities; and</text> </paragraph> <paragraph num="(b)"> <text>Supervising and responsible for the proposed activity;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the persons engaging in free speech activities are doing so on behalf of an organization, the name of that organization;</text> </paragraph> <paragraph num="(3)"> <text>If the group is an organization which is required to have a resident agent in Maryland, the name of resident agent in Maryland;</text> </paragraph> <paragraph num="(4)"> <text>A description of the proposed activities indicating the method of communication to be involved;</text> </paragraph> <paragraph num="(5)"> <text>The locations, dates, and times of the intended activity;</text> </paragraph> <paragraph num="(6)"> <text>The number of persons anticipated to be engaged in the activities at each MTA facility sought to be used; and</text> </paragraph> <paragraph num="(7)"> <text>The specific MTA service or facility sought to be used for the planned free speech activity.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 3 weekdays from receipt of a notification of intent to conduct a free speech activity, the MTA Office of Customer Information shall contact the person making the notification and inform the person whether there are any conflicts with other events or users for the free area.</text> </paragraph> <paragraph num="D."> <text>Limitations.</text> <paragraph num="(1)"> <text>Free speech activity may only be exercised in free areas in the MTA facility identified in the notification.</text> </paragraph> <paragraph num="(2)"> <text>Free speech activity may only occur during times the MTA facility is open to the general public.</text> </paragraph> <paragraph num="(3)"> <text>In conducting a free speech activity at, on, or in an MTA facility, a person may not:</text> <paragraph num="(a)"> <text>Erect a table, chair, booth, or other structure;</text> </paragraph> <paragraph num="(b)"> <text>Distribute food, drink, or tobacco products;</text> </paragraph> <paragraph num="(c)"> <text>Post any commercial signs, advertisements, circulars, or printed material;</text> </paragraph> <paragraph num="(d)"> <text>Carry any signs or placards that are more than 18'' by 18'' or are affixed to a pole;</text> </paragraph> <paragraph num="(e)"> <text>Affix any material to any part of the MTA facility including its fixtures and temporary structures; or</text> </paragraph> <paragraph num="(f)"> <text>Permit leaflets or other printed material to be left unattended.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Persons engaged in free speech activity may not intentionally touch or make physical contact with another person unless that other person has consented to physical contact.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Solicitation on MTA Vehicles Prohibited."> <text>A person may not solicit transit patrons on any vehicle owned and operated by the MTA or under contract to the MTA. This prohibition includes, but is not limited to, the solicitation of alms, funds, donations, contributions, signatures, personal information, or other information for non-MTA purposes.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Emergencies."> <paragraph num="A."> <text>The Governor, Secretary of the Maryland Department of Transportation, Administrator, MTA Chief of Police, or the MTA Manager of Safety and Risk Management may declare an emergency.</text> </paragraph> <paragraph num="B."> <text>In the event of an emergency:</text> <paragraph num="(1)"> <text>An announcement shall be made;</text> </paragraph> <paragraph num="(2)"> <text>All free speech activities shall cease for the duration of the emergency; and</text> </paragraph> <paragraph num="(3)"> <text>Non-MTA use of MTA facilities shall not resume until authorized by the Administrator.</text> </paragraph> </paragraph> <paragraph num="C."> <text>MTA assumes no liability for any losses resulting from a suspension of free speech activity due to an emergency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Distribution of Printed Matter."> <text>The following guidelines apply to the sale or distribution of printed matter to the general public from vending or distribution machines located upon a MTA facility:</text> <paragraph num="A."> <text>A person may not engage in a sale without the prior approval of, and being subject to the terms and conditions prescribed by, the Administrator.</text> </paragraph> <paragraph num="B."> <text>A person desiring to place and operate a vending machine for the sale or distribution of printed material to the general public upon MTA stations and premises shall first obtain a written permit from the Administrator or his designee.</text> </paragraph> <paragraph num="C."> <text>Permit applications shall be approved on a first-come, first-served basis. The number of permits at any station entrance shall be governed by the area deemed available by the Administrator or the Administrator's designee to accommodate the vending machines, yet preserve the safe, free, and orderly flow of transit and rail patrons' ingress and egress at the MTA station entrances and exits. Vending machines shall be located where designated by the Administrator or the Administrator's designee.</text> </paragraph> <paragraph num="D."> <text>Chaining or anchoring of any vending machines to MTA station facilities is not permitted.</text> </paragraph> <paragraph num="E."> <text>Vending machines may display signs pertaining only to the publication and may not carry any other advertising messages.</text> </paragraph> <paragraph num="F."> <text>To assure maximum use of the available station entrance areas for commercial speech vending machine permits, vending machines shall be not larger than absolutely necessary to accommodate the printed matter to be sold or distributed.</text> </paragraph> <paragraph num="G."> <text>Permits shall require that all wrappings, bindings, and similar materials peculiar to the vending operation be collected and removed by the person carrying out the vending activity.</text> </paragraph> <paragraph num="H."> <text>Permits shall require that vending machines be kept and maintained in a neat and clean condition by the permittee.</text> </paragraph> <paragraph num="I."> <text>Permits may be revoked for noncompliance with or any violation of this regulation.</text> </paragraph> <paragraph num="J."> <text>MTA assumes no liability or responsibility of any nature for damage, destruction, loss, or theft of the vending machines, including the contents of them.</text> </paragraph> <paragraph num="K."> <text>Permits, to be valid, shall be:</text> <paragraph num="(1)"> <text>Signed by the permittee and the MTA; and</text> </paragraph> <paragraph num="(2)"> <text>On a month-to-month basis, subject to cancellation or revocation, upon cause and written notice.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §7-204(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 27, 1986 (13:2 Md. R. 137)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)</annotation> </annotations> </chapter> <chapter num="02" heading="Parking and Control of Vehicles on Maryland Transit Administration Property"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations govern the parking and operation of motor vehicles on Maryland Transit Administration (MTA) property, the towing and impoundment of motor vehicles improperly parked or abandoned on MTA property, the removal and storage of unauthorized articles and pieces of equipment improperly placed or abandoned on MTA property, and the sale and final disposition by the MTA of motor vehicles, unauthorized articles, and pieces of equipment so impounded or removed.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Intent."> <text>These regulations are intended to enable the MTA to regulate and control the flow and parking of motor vehicles by transit patrons upon MTA property, including bus and rapid transit sites. Improperly parked and abandoned motor vehicles, unauthorized articles, and pieces of equipment upon MTA property constitute a public nuisance contrary to the general health, safety, and welfare of the public, deny transit patrons the right to fully use the public transit service offered and made available by the MTA and, likewise, deny MTA employees the ability to preserve and maintain the orderly control and use of MTA facilities and prevent congestion and traffic hazards.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <text>These regulations apply to all motor vehicles, unauthorized articles, and pieces of equipment on MTA property.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned” means a motor vehicle, trailer, semitrailer, unauthorized article, or piece of equipment that:</text> <paragraph num="(a)"> <text>Is inoperable and left unattended on MTA property for more than 48 hours; (b) Has remained illegally on MTA property for more than 48 hours; or</text> </paragraph> <paragraph num="(b)"> <text>Has remained illegally on MTA property for more than 48 hours; or</text> </paragraph> <paragraph num="(c)"> <text>Has remained on MTA property for more than 48 hours, and is:</text> <paragraph num="(i)"> <text>Not displaying currently valid registration plates, or</text> </paragraph> <paragraph num="(ii)"> <text>Displaying registration plates of another vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to the Transportation Article, §7-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Administrator” means the Maryland Transit Administrator, whose office is established pursuant to the Transportation Article, §7-202, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.</text> </paragraph> <paragraph num="(5)"> <text>“Bus” means a motor vehicle that is designed to carry more than 10 passengers and is used to carry people, is operated by the MTA on a fixed route and predetermined schedule or under charter service, or is operated by an authorized private carrier.</text> </paragraph> <paragraph num="(6)"> <text>“Department” means the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(7)"> <text>“Disabled parking areas” means those designated parking areas on MTA property upon which MTA transit patrons may park motor vehicles bearing either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.</text> </paragraph> <paragraph num="(8)"> <text>“Kiss-and-ride parking lot” means a designated parking area on MTA property upon which MTA transit patrons may be discharged from or picked up as passengers in a motor vehicle during the posted hours of MTA transit operations.</text> </paragraph> <paragraph num="(9)"> <text>“Law enforcement officer” means any person vested with a police power of arrest under federal, State, county or city authority, and identifiable by uniform, badge, or other evidence of authority.</text> </paragraph> <paragraph num="(10)"> <text>“Motor vehicle” means any device in, on, or by which a person or property is or might be transported on or towed upon land and includes vehicles towed by another motor vehicle.</text> </paragraph> <paragraph num="(11)"> <text>“Motor Vehicle Administration” means the Motor Vehicle Administration of the Department of Transportation, established pursuant to the Transportation Article, §12-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“MTA” means the Maryland Transit Administration.</text> </paragraph> <paragraph num="(13)"> <text>“MTA property” means all property owned, leased, or operated by or under the control of the Maryland Transit Administration.</text> </paragraph> <paragraph num="(14)"> <text>“Operator” means a person who is in actual physical control of a motor vehicle.</text> </paragraph> <paragraph num="(15)"> <text>“Owner” means a person who holds the legal title to a motor vehicle, including a secured party indicated on the motor vehicle title.</text> </paragraph> <paragraph num="(16)"> <text>“Park and ride lot” means a designated parking area on MTA property upon which MTA transit patrons may park their motor vehicles unattended in designated areas, stalls, or bays during hours of MTA operations.</text> </paragraph> <paragraph num="(17)"> <text>“Parking” means the standing or parking of a motor vehicle, attended or unattended, upon MTA property.</text> </paragraph> <paragraph num="(18)"> <text>“Parking lot” means any designated parking area on MTA property, such as employee and public areas.</text> </paragraph> <paragraph num="(19)"> <text>“Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee or other representative of them.</text> </paragraph> <paragraph num="(20)"> <text>“Road” means any roadway on MTA property.</text> </paragraph> <paragraph num="(21)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(22)"> <text>“Transit patron” means a person upon MTA property for the purpose of using the MTA's public transportation services available at that site.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="General Parking Regulations."> <paragraph num="A."> <text>The control of all motor vehicular traffic on MTA property shall be governed by this chapter.</text> </paragraph> <paragraph num="B."> <text>Unless otherwise authorized, a person may not operate, park, or bring a motor vehicle on MTA property unless that person is a transit patron, intends to pick up or discharge a transit patron, or is on MTA property for purposes directly related to the business of the Administration.</text> </paragraph> <paragraph num="C."> <text>A person may not abandon a motor vehicle, unauthorized article, or piece of equipment on MTA property.</text> </paragraph> <paragraph num="D."> <text>A person may not operate a motor vehicle on MTA property in a careless, reckless, or negligent manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.</text> </paragraph> <paragraph num="E."> <text>Parking of motor vehicles is prohibited on all MTA property and roads, except in specifically posted and designated areas and during the hours of MTA transit operations.</text> </paragraph> <paragraph num="F."> <text>A person may not park or place a motor vehicle or other article or piece of equipment on MTA property so as to interfere with or prevent the passage or movement of buses or emergency or other motor vehicles.</text> </paragraph> <paragraph num="G."> <text>A person operating a motor vehicle on MTA property shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal.</text> </paragraph> <paragraph num="H."> <text>A person may not drive a motor vehicle on MTA property without a valid driver's license issued by the State or by the jurisdiction where this person resides, if other than Maryland.</text> </paragraph> <paragraph num="I."> <text>The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of this chapter.</text> </paragraph> <paragraph num="J."> <text>A person may not operate a motor vehicle, other than a police or emergency vehicle, upon MTA property at a speed exceeding 15 miles per hour.</text> </paragraph> <paragraph num="K."> <text>A person may not park a motor vehicle upon MTA property within 15 feet of a fire hydrant or other fire control apparatus.</text> </paragraph> <paragraph num="L."> <text>Unless otherwise authorized, a person may not load or unload a motor vehicle upon MTA property in violation of any posted fire or other traffic sign or regulation or in such a manner as to obstruct the movement of vehicular or pedestrian traffic.</text> </paragraph> <paragraph num="M."> <text>A motor vehicle shall be parked in one space only within a designated posted parking area and within the marked space or stall. Each motor vehicle operator shall leave clear access to adjacent spaces and may not block driving lanes or roads or create a hazard to other motor vehicle operators.</text> </paragraph> <paragraph num="N."> <text>A person may not park any motor vehicle in any marked pedestrian crosswalk.</text> </paragraph> <paragraph num="O."> <text>A person may not drive a motor vehicle onto an area of MTA property which has been closed by the use of barricades or other traffic control devices.</text> </paragraph> <paragraph num="P."> <text>A person may not wash, clean, polish, repair, maintain, or overhaul a motor vehicle on MTA property, except for repairs necessary to remove the motor vehicle from the MTA property.</text> </paragraph> <paragraph num="Q."> <text>A motor vehicle or other article or piece of equipment that is parked or placed on MTA property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with MTA operations or emergencies, may be towed or removed to a location chosen by the MTA or MTA's designee.</text> </paragraph> <paragraph num="R."> <text>Parking in MTA designated disabled parking areas is restricted to MTA patrons whose motor vehicles bear either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.</text> </paragraph> <paragraph num="S."> <text>Parking in areas adjacent to yellow painted curbs or in any other areas with posted restrictions is prohibited.</text> </paragraph> <paragraph num="T."> <text>A person may not abandon a vehicle or article on MTA property.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Taxicabs."> <paragraph num="A."> <text>A person operating a taxicab on MTA property may not block or interfere with the free passage of pedestrians or vehicular traffic on or about MTA property.</text> </paragraph> <paragraph num="B."> <text>A person may not operate a taxicab on MTA property unless the person prominently displays within the taxicab a taxicab driver-identification permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned telephone number, and the driver's identification number.</text> </paragraph> <paragraph num="C."> <text>Taxicabs shall stand or wait only in posted taxicab areas on MTA property.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Motor Vehicles Prohibited by Type, Weight, or Size."> <text>Except for persons having business directly related to the Administration, or unless otherwise authorized, a person may not park or otherwise place any of the following type vehicles upon MTA parking lots:</text> <paragraph num="A."> <text>A trailer or towed vehicle;</text> </paragraph> <paragraph num="B."> <text>A truck having a manufacturer's rated carrying capacity greater than 1 ton;</text> </paragraph> <paragraph num="C."> <text>A vehicle with a gross weight greater than 8,000 pounds;</text> </paragraph> <paragraph num="D."> <text>A vehicle having an overall length more than 20 feet including any load on it;</text> </paragraph> <paragraph num="E."> <text>A vehicle wider than 8 feet;</text> </paragraph> <paragraph num="F."> <text>A bus.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Uses Prohibited."> <text>Unless otherwise authorized, a person may not cause or permit MTA property to be used for any of the following purposes:</text> <paragraph num="A."> <text>The storage of refuse containers associated with the use of an adjacent property;</text> </paragraph> <paragraph num="B."> <text>Vehicular access to adjacent property;</text> </paragraph> <paragraph num="C."> <text>The staging of vehicles, equipment, or materials for construction, maintenance, or repair work on adjacent property;</text> </paragraph> <paragraph num="D."> <text>The storage of equipment or materials of any kind;</text> </paragraph> <paragraph num="E."> <text>The performance of any service, maintenance, or repair on any motor vehicle parked on the MTA property except for emergency service and repairs necessary for the removal of an inoperable motor vehicle.</text> </paragraph> <paragraph num="F."> <text>Parking or storing any motor vehicle in the custody of the management of a garage, repair shop, service facility, or new or used car dealer;</text> </paragraph> <paragraph num="G."> <text>Loading or unloading commercial vehicles;</text> </paragraph> <paragraph num="H."> <text>Causing, allowing, or conducting student driver training classes or instructions;</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Motor Vehicle Accidents."> <paragraph num="A."> <text>A motor vehicle operator or pedestrian who is involved in an accident on MTA property resulting in injury to any person or damage to any property, shall, if physically able, do the following:</text> <paragraph num="(1)"> <text>Stop the motor vehicle at the scene of the accident or as close as possible to it without obstructing traffic more than necessary;</text> </paragraph> <paragraph num="(2)"> <text>Notify an MTA law enforcement officer;</text> </paragraph> <paragraph num="(3)"> <text>Return to and remain at the scene of the accident until after giving a full report of same to that law enforcement officer, if requested;</text> </paragraph> <paragraph num="(4)"> <text>Upon request, and if physically able, exhibit to that law enforcement officer any permit, license, registration, or other document relevant to this accident or the persons or property involved.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A motor vehicle operator or pedestrian who is involved in an accident on MTA property as defined in §A of this regulation, and the owner of the motor vehicle if other than the operator, shall, if physically able, make a full written report of this accident to the MTA law enforcement officer within 24 hours after the accident, and shall include, if known, the names and addresses of the persons involved, the description of the property and vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Towing, Impoundment, and Sale."> <paragraph num="A."> <text>The MTA police department or its designee may take into custody any abandoned motor vehicle, unauthorized article, or any vehicle or piece of equipment parked or placed in violation of this chapter, abandoned or otherwise parked or placed so as to constitute a hazard to public safety, or so parked, stopped, or standing so as to impede or obstruct the normal movement of vehicular or pedestrian traffic on MTA property. For this purpose, the MTA police may use its own personnel, equipment, and facilities, or use those of its designee, for removing, preserving, and storing abandoned vehicles. There may not be any liability attached to the Administration for any losses or damages resulting from these actions.</text> </paragraph> <paragraph num="B."> <text>As soon as reasonably possible and within 7 days at most after the MTA police department takes an abandoned vehicle into custody, the MTA police shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:</text> <paragraph num="(1)"> <text>The last known registered owner of the vehicle; and</text> </paragraph> <paragraph num="(2)"> <text>Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The notice shall:</text> <paragraph num="(1)"> <text>State that the abandoned vehicle has been taken into custody and give the name, address, and telephone number of the MTA representative providing the notice;</text> </paragraph> <paragraph num="(2)"> <text>Describe the motor vehicle, unauthorized article, or piece of equipment as applicable, including year, model, and vehicle identification number of the vehicle;</text> </paragraph> <paragraph num="(3)"> <text>Give the location of the facility where the vehicle is held;</text> </paragraph> <paragraph num="(4)"> <text>State the authority and reason for the removal, towing, and storage of the motor vehicle, unauthorized article, or piece of equipment;</text> </paragraph> <paragraph num="(5)"> <text>In areas outside of Baltimore City, inform the owner and secured party of the owner's or 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, upon presentation of proof of identity and ownership, and upon signing a receipt for the motor vehicle, unauthorized article, or piece of equipment;</text> </paragraph> <paragraph num="(6)"> <text>In Baltimore City and Montgomery County, 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> </paragraph> <paragraph num="(7)"> <text>State that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided is a:</text> <paragraph num="(a)"> <text>Waiver by the owner or secured party of the owner's or secured party's right, title, and interest in the vehicle, and</text> </paragraph> <paragraph num="(b)"> <text>Consent to the sale of the vehicle at public auction.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>In Baltimore City, Prince George's County, and Montgomery County, the MTA police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland. If the MTA police department or its designee seeks to apply the provisions of Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland, the notice required by §B of this regulation 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> <paragraph num="(1)"> <text>Continuing liability of the owner for costs of:</text> <paragraph num="(a)"> <text>Impoundment,</text> </paragraph> <paragraph num="(b)"> <text>Storage within the chargeable limit for storage as provided in Transportation Article, §25-206.1(b), Annotated Code of Maryland, and</text> </paragraph> <paragraph num="(c)"> <text>Sale of the vehicle; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Denial of an application by the owner to renew the registration of a vehicle as required by Transportation Article, §25-206.2, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When Owner's Identity is Uncertain.</text> <paragraph num="(1)"> <text>This section applies if:</text> <paragraph num="(a)"> <text>The identity of the last registered owner of an abandoned vehicle cannot be determined;</text> </paragraph> <paragraph num="(b)"> <text>The registration of the vehicle gives no address for the owner;</text> </paragraph> <paragraph num="(c)"> <text>It is impossible to determine with reasonable certainty the identity and address of each secured party; or</text> </paragraph> <paragraph num="(d)"> <text>The certified mail notice required by §B of this regulation is returned as undeliverable.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Under one of the conditions enumerated in §E(1) of this regulation, the MTA police department, on taking an abandoned vehicle into custody, shall give the required notice by publication in at least one newspaper of general circulation in the area where the abandoned vehicle was found. The notice by publication:</text> <paragraph num="(a)"> <text>May contain multiple listings of abandoned vehicles;</text> </paragraph> <paragraph num="(b)"> <text>Shall contain the information required in §B of this regulation;</text> </paragraph> <paragraph num="(c)"> <text>Shall be published within 15 days of the taking into custody of the vehicle or, if the notice by publication is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United Postal Service, within 7 days of the return of that prior notice.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Failure to Reclaim.</text> <paragraph num="(1)"> <text>In areas outside of Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle or an impounded motor vehicle, unauthorized article, or piece of equipment within 3 weeks after notice is given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the item and to have consented to the sale of the vehicle at public auction, and the item shall be so sold.</text> </paragraph> <paragraph num="(2)"> <text>In Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under this regulation, the owner or secured party is considered 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 item shall be sold.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The liability of an owner or a transferrer for costs of preservation and storage shall be the same as is set forth in Transportation Article, §25-206.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>If an abandoned vehicle is not reclaimed as provided in this regulation, the MTA police department or its designee shall sell the vehicle at auction. The buyer of the vehicle at auction:</text> <paragraph num="(1)"> <text>Takes title to the vehicle free and clear of any claim of ownership or lien;</text> </paragraph> <paragraph num="(2)"> <text>Is entitled to a sales receipt from the MTA police department which constitutes sufficient title for transferring the vehicle to a scrap processor for dismantling, destroying, or scrapping, in which case a certificate of title is not required; and</text> </paragraph> <paragraph num="(3)"> <text>Is entitled to obtain a certificate of title of the vehicle and register it in the buyer's own name:</text> </paragraph> </paragraph> <paragraph num="I."> <text>Except as otherwise provided in this regulation;</text> <paragraph num="(1)"> <text>From the proceeds of the sale of an abandoned vehicle, the MTA police department shall reimburse itself or its designee 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 regulation; and</text> </paragraph> <paragraph num="(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 the Treasury of the State.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Exceptions."> <text>This chapter does not apply to motor vehicles, articles, or pieces or equipment of the Maryland Transit Administration, its contractors or subcontractors, or other agencies of the State or to police or emergency vehicles.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Administration and Penalties."> <paragraph num="A."> <text>MTA law enforcement officers and their designees are authorized to issue citations and carry out towing and impoundment procedures for violation of this chapter.</text> </paragraph> <paragraph num="B."> <text>Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, as amended from time to time, is incorporated by reference.</text> </paragraph> <paragraph num="C."> <text>Citations issued under this chapter shall contain sufficient information to enable the person receiving a citation or citations to either to pay for the parking violation or stand trial.</text> </paragraph> <paragraph num="D."> <text>Penalties for parking violations are as follows:</text> <paragraph num="(1)"> <text>Obstructing bus or emergency vehicle movement $50;</text> </paragraph> <paragraph num="(2)"> <text>Parking within 15 feet of a fire hydrant or other fire control apparatus $50;</text> </paragraph> <paragraph num="(3)"> <text>Parking in more than one designated space $25;</text> </paragraph> <paragraph num="(4)"> <text>Obstructing other parked vehicles $40;</text> </paragraph> <paragraph num="(5)"> <text>Parking in a pedestrian crosswalk $40;</text> </paragraph> <paragraph num="(6)"> <text>Unauthorized occupation of parking spaces for the disabled $40;</text> </paragraph> <paragraph num="(7)"> <text>Parking in violation of posted restrictions $25.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)</annotation> </annotations> </chapter> <chapter num="03" heading="Prohibition of Smoking on Board Maryland Transit Administration Passenger Cars" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 6, 1995 (22:22 Md. R. 1667)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02 repealed effective December 31, 2018 (45:26 Md. R. 1247)</annotation> </annotations> </chapter> <chapter num="04" heading="Distribution of Fare Products by Opiod Treatment Centers"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the distribution of monthly fare products by opioid treatment centers to eligible individuals participating in opioid treatment programs.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Eligible individual” means an individual enrolled in an opioid treatment center who qualifies for half fare prices under 49 CFR Part 609 and is certified by the Administration as eligible to receive reduced fare under the Administration’s Reduced Fare Program.</text> </paragraph> <paragraph num="(3)"> <text>“Fare product” means the Reduced Fare Monthly or Reduced Fare 31-Day Pass issued by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>“Opioid treatment center” means a facility enrolling eligible individuals in opioid treatment programs licensed by the Department of Health to provide behavior health services under COMAR 10.63.02.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <paragraph num="A."> <text>An opioid treatment center may issue fare products with the approval of the Administration.</text> </paragraph> <paragraph num="B."> <text>Approval to issue fare products may be obtained by an opioid treatment center by submitting an application on a form provided by the Administration, which shall include the following information:</text> <paragraph num="(1)"> <text>Organization name, address, telephone number, primary email address, and contact individual;</text> </paragraph> <paragraph num="(2)"> <text>Department of Health behavioral health service license number, date of issue of license, and license expiration date; and</text> </paragraph> <paragraph num="(3)"> <text>Any other information required by the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The application shall be accompanied by a photocopy or electronic image of the opioid treatment center’s license issued by the Department of Health.</text> </paragraph> <paragraph num="D."> <text>Approval shall be for a period of 4 years. An opioid treatment center may renew its approval by submitting a new application to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Obligations of Opioid Treatment Centers."> <paragraph num="A."> <text>After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration.</text> </paragraph> <paragraph num="B."> <text>The opioid treatment center shall maintain accurate, timely, and complete records of all transactions related to fare products acquired and distributed under Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The opioid treatment center shall provide periodic reports of its inventory of fare products to the Administration.</text> </paragraph> <paragraph num="D."> <text>The opioid treatment center may only issue fare products to eligible individuals.</text> </paragraph> <paragraph num="E."> <text>The opioid treatment center may charge a fee for fare products no more than the rate charged by the Administration for the fare product.</text> </paragraph> <paragraph num="F."> <text>The opioid treatment center shall immediately report the loss or suspension of its license by the Department of Health.</text> </paragraph> <paragraph num="G."> <text>If an opioid treatment center violates the agreement or obligations stated in this regulation, the Administration may suspend its approval to issue fare products for a period of 1 year or longer, depending on the severity of the offense.</text> </paragraph> <paragraph num="H."> <text>Within 15 calendar days after receipt of a written determination, an opioid treatment center may appeal the denial or termination of approval to the Office of Administrative Hearings for a final decision in accordance with COMAR 28.02.01.</text> </paragraph> <paragraph num="I."> <text>An aggrieved party may seek judicial review of any final administrative decision under this chapter in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Payment and Rates for Monthly Passes."> <paragraph num="A."> <text>The required payment for each fare product distributed by participating opioid treatment centers shall be the current rate established by the Administration for opioid treatment center fare products.</text> </paragraph> <paragraph num="B."> <text>Opioid treatment centers shall pay the full amount of any fare products provided by the Administration upon receipt or other mutually agreed upon time.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Inspections and Audits."> <paragraph num="A."> <text>The Administration or its designee may conduct inspections and audits of opioid treatment center facilities, records, and processes related to this issuance of fare products by opioid treatment centers with notice of at least 30 days.</text> </paragraph> <paragraph num="B."> <text>Inspections and audits will be conducted during regular operational hours at agreed-upon times unless an unannounced inspection or audit is warranted.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §7-712, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 14, 2021 (48:1 Md. R. 10)</annotation> </annotations> </chapter> <chapter num="05" heading="Baltimore City — Transit Services for Public School Students"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter governs the distribution of fare products to any eligible Baltimore City Public School System (BCPS) student and youth worker in the Baltimore City YouthWorks program.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means Maryland Transit Administration of the Department of Transportation. established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“BCPS” means Baltimore City Public School System.</text> </paragraph> <paragraph num="(3)"> <text>“Eligible individual” means an individual enrolled and actively attending as a student in BCPS or enrolled and actively attending as a youth worker in the Mayor’s Office of Employment Development YouthWorks program, and who qualifies for student fares under this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“YouthWorks” means the YouthWorks summer job program managed by the Baltimore City Mayor’s Office of Employment Development.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Baltimore City Public Schools."> <paragraph num="A."> <text>YouthWorks shall submit to the Administration a Complimentary Pass Application Form provided by the Administration, which shall include the following information:</text> <paragraph num="(1)"> <text>Organization name, organization requestor, telephone number, primary email address, and contact individual; and</text> </paragraph> <paragraph num="(2)"> <text>Program start and ending dates, school calendar, and eligibility list, along with type of pass and total quantity requested.</text> </paragraph> </paragraph> <paragraph num="B."> <text>BCPS shall maintain an accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products</text> </paragraph> <paragraph num="C."> <text>The Administration shall provide Complimentary Passes for BCPS students for use between the hours of 5 a.m. and 8 p.m. on days when school is in session, and for school-related or educational extracurricular activities on and off campus.</text> </paragraph> <paragraph num="D."> <text>BCPS shall make every effort to notify the Administration when a student has ceased enrollment with BCPS, or to report a lost or stolen pass in a timely manner, so appropriate administrative action can be taken to deactivate the pass.</text> </paragraph> <paragraph num="E."> <text>BCPS shall submit an eligibility list to the Administration for verification of students utilizing the fare products by October 31 and April 30 each year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="YouthWorks Summer Job Program."> <paragraph num="A."> <text>After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration.</text> <paragraph num="(1)"> <text>Organization name, organization requestor, telephone number, primary email address, and contact individual; and.</text> </paragraph> <paragraph num="(2)"> <text>Program start and ending date, along with type of pass and total quantity requested.</text> </paragraph> </paragraph> <paragraph num="B."> <text>YouthWorks shall maintain accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products.</text> </paragraph> <paragraph num="C."> <text>The Administration shall provide Complimentary Passes for YouthWorks workers during the YouthWorks summer job period and for purposes of engaging in YouthWorks-related activities.</text> </paragraph> <paragraph num="D."> <text>If a YouthWorks worker ceases enrollment or attendance, the Mayor’s Office of Employment Development shall notify the Administration within 3 business days so appropriate administrative action can be taken to deactivate the pass.</text> </paragraph> <paragraph num="E."> <text>The Administration or its designee may conduct periodic verifications of YouthWorks’ enrollment information as it pertains to distribution of fare products with 30 days notice.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Payment."> <text>The Administration may not collect any fees or reimbursement from BCPS or YouthWorks for passes or services provided.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §7-710, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 26, 2023 (50:12 Md. R. 476)</annotation> </annotations> </chapter> </subtitle> <subtitle num="07" heading="Maryland Transportation Authority"> <chapter num="01" heading="Transportation of Hazardous Materials"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>The following classes of hazardous materials are defined in the United States Department of Transportation Regulations, 49 CFR 173, which is incorporated by reference:</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Authority property” means the following facilities and their approaches:</text> <paragraph num="(a)"> <text>Baltimore Harbor Tunnel (I-895);</text> </paragraph> <paragraph num="(b)"> <text>William Preston Lane, Jr. Memorial Bridge (U.S. 50/301);</text> </paragraph> <paragraph num="(c)"> <text>Harry W. Nice Memorial Bridge (U.S. Route 301);</text> </paragraph> <paragraph num="(d)"> <text>Thomas J. Hatem Memorial Bridge (U.S. Route 40);</text> </paragraph> <paragraph num="(e)"> <text>Francis Scott Key Bridge (MD 695);</text> </paragraph> <paragraph num="(f)"> <text>John F. Kennedy Memorial Highway (I-95);</text> </paragraph> <paragraph num="(g)"> <text>The I-95 Fort McHenry Tunnel (I-95); and</text> </paragraph> <paragraph num="(h)"> <text>The InterCounty Connector (MD 200).</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>"Container" means a package or receptacle used to contain hazardous materials for transportation, including a box, bottle, can, drum, barrel, cylinder, carboy, or other shipping package, other than a tank vehicle or bulk packaging, used for the transportation of hazardous materials.</text> </paragraph> <paragraph num="(3)"> <text>“Flash point” means the minimum temperature at which a substance gives off flammable vapors which in contact with spark or flame will ignite.</text> </paragraph> <paragraph num="(4)"> <text>“Gross weight” means the total weight of a container and its contents.</text> </paragraph> <paragraph num="(5)"> <text>“Hazardous material” means a substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation for the United States Department of Transportation (U.S.D.O.T.) to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.</text> </paragraph> <paragraph num="(6)"> <text>“Hazardous substance” means a material, including its mixtures and solutions, that is listed in the Appendix to 49 CFR §172.101, which is incorporated by reference. This definition does not apply to petroleum products that are lubricants or fuels.</text> </paragraph> <paragraph num="(7)"> <text>“N.O.S.” means not otherwise specified.</text> </paragraph> <paragraph num="(8)"> <text>“Net weight” means the weight of the contents of a container only.</text> </paragraph> <paragraph num="(9)"> <text>“Shipping paper” means a manifest, memorandum receipt, bill of lading, shipping order, or other document describing material to be transported.</text> </paragraph> <paragraph num="(10)"> <text>“Tank vehicle” means any vehicle with a cargo tank, portable tank, bulk pyramided cylinders, or tube trailer used for the transportation of liquids or gases.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="General."> <paragraph num="A."> <text>The U.S. Department of Transportation Regulations, 49 CFR §§171—177, 397, and any revisions, U.S. Nuclear Regulatory Commission Regulations, 10 CFR 73, and any additional federal regulations affecting the transportation of hazardous materials by motor carriers on highways are incorporated by reference into these regulations.</text> </paragraph> <paragraph num="B."> <text>A vehicle loaded with any hazardous material or a tank vehicle which last contained a hazardous material may not be allowed on or in any Authority property unless it conforms to these regulations and other regulations regarding the use of Authority property.</text> </paragraph> <paragraph num="C."> <text>Maryland Transportation Authority employees shall have the right to inspect the cargo or shipping papers of any vehicle to ascertain if it complies with all State and federal regulations relating to the transportation of hazardous materials.</text> <paragraph num="(1)"> <text>The inspection may take place at any point where or after the vehicle enters on Authority property or its approaches.</text> </paragraph> <paragraph num="(2)"> <text>If hazardous materials cannot be identified by class, or if listed only as N.O.S., or if shipping papers are not available to determine the type of cargo, the vehicle may be prohibited from entering or may be diverted off any Authority property.</text> </paragraph> </paragraph> <paragraph num="D."> <text>For purposes of initiating an inspection under §C of this regulation, a vehicle displaying the hazardous material identification number 1203 on a “Flammable” placard is presumed to be transporting the hazardous material with the lowest flashpoint which legally can be transported under that identification number.</text> </paragraph> <paragraph num="E."> <text>All standards and requirements imposed by COMAR 26.13.04, which is incorporated by reference, shall be enforced.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Alternative-Fuel Vehicles."> <paragraph num="A."> <text>Alternative-fuel vehicles powered by liquefied petroleum gas (LPG), liquefied natural gas (LNG), or compressed natural gas (CNG) shall be permitted to use the Baltimore Harbor Tunnel and the Fort McHenry Tunnel, if the:</text> <paragraph num="(1)"> <text>Vehicle has a:</text> <paragraph num="(a)"> <text>Dedicated alternative-fuel system installed by the manufacturer of the vehicle, or</text> </paragraph> <paragraph num="(b)"> <text>Fuel system which has been properly converted to an alternative fuel system;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Vehicle alternative-fuel system conforms to applicable industry standards, including:</text> <paragraph num="(a)"> <text>NFPA 52—Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems (1992 Edition)(c), which is incorporated by reference;</text> </paragraph> <paragraph num="(b)"> <text>NFPA 58—Standard for the Storage and Handling of Liquefied Petroleum Gases (1989 Edition)(c), which is incorporated by reference; and</text> </paragraph> <paragraph num="(c)"> <text>NFPA 59A—Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) (1985 Edition)(c), which is incorporated by reference;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Vehicle alternative-fuel system conforms to applicable federal regulations, including 40 CFR 85, 86, and 600, when adopted by the Environmental Protection Agency pursuant to Notice of Proposed Rule Making, 52 Federal Register 52911 et seq. (November 5, 1992), which is incorporated by reference; and</text> </paragraph> <paragraph num="(4)"> <text>Fuel capacity of the vehicle does not exceed 150 pounds, net weight of fuel.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Alternative-fuel vehicles shall display all markings and symbols required by law or regulation to identify the alternative-fuel system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Tunnel Restrictions."> <paragraph num="A."> <text>This regulation does not apply to fuel contained in the fuel system of the transporting vehicle, or in the fuel systems of vehicles and equipment being towed or carried.</text> </paragraph> <paragraph num="B."> <text>Flames used for heating vehicles or loads shall be extinguished before the vehicle enters any tunnel or its approaches.</text> </paragraph> <paragraph num="C."> <text>The following classes of hazardous materials are prohibited from being transported through any tunnel or its approaches, as indicated:</text> <paragraph num="(1)"> <text>Forbidden materials and forbidden explosives are prohibited;</text> </paragraph> <paragraph num="(2)"> <text>Class 1 explosives are prohibited;</text> </paragraph> <paragraph num="(3)"> <text>Class 2, division 2.1 flammable gas is prohibited, with exceptions for propane, LPG, CNG, LNG, and other flammable compressed gas in U.S.D.O.T. approved containers, in quantities not to exceed 10 pounds gross weight per container, and 100 pounds gross weight per vehicle;</text> </paragraph> <paragraph num="(4)"> <text>Class 2, Division 2.2 nonflammable compressed gas is prohibited, with the following exceptions:</text> <paragraph num="(a)"> <text>Argon, compressed,</text> </paragraph> <paragraph num="(b)"> <text>Argon, refrigerated liquid,</text> </paragraph> <paragraph num="(c)"> <text>Carbon dioxide, refrigerated liquid,</text> </paragraph> <paragraph num="(d)"> <text>Compressed air in containers only, although this is prohibited if in tank vehicles,</text> </paragraph> <paragraph num="(e)"> <text>Helium, compressed,</text> </paragraph> <paragraph num="(f)"> <text>Nitrogen, refrigerated liquid,</text> </paragraph> <paragraph num="(g)"> <text>Nitrogen, compressed, or</text> </paragraph> <paragraph num="(h)"> <text>Oxygen in containers only, although this is prohibited if in tank vehicles;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Class 2, division 2.3 poisonous gas is prohibited;</text> </paragraph> <paragraph num="(6)"> <text>Class 3, flammable liquid is prohibited, with exceptions for motor fuel and petroleum-based products in U.S.D.O.T. or Underwriter's Laboratory approved containers in total quantities not to exceed 5 gallons per container and 20 gallons per vehicle;</text> </paragraph> <paragraph num="(7)"> <text>Class 3, combustible liquid is permitted, with the exception of formaldehyde solutions which are prohibited;</text> </paragraph> <paragraph num="(8)"> <text>Class 4, division 4.1 flammable solid is prohibited, with the exception of fusees in quantities not to exceed 100 pounds per vehicle;</text> </paragraph> <paragraph num="(9)"> <text>Class 4, division 4.2 spontaneously combustible materials are prohibited;</text> </paragraph> <paragraph num="(10)"> <text>Class 4, division 4.3 dangerous-when-wet materials are prohibited;</text> </paragraph> <paragraph num="(11)"> <text>Class 5, division 5.1 oxidizers are prohibited;</text> </paragraph> <paragraph num="(12)"> <text>Class 5, division 5.2 organic peroxides are prohibited;</text> </paragraph> <paragraph num="(13)"> <text>Class 6, division 6.1 poisonous materials are prohibited, with the following exceptions:</text> <paragraph num="(a)"> <text>Arsenic in any form or compound,</text> </paragraph> <paragraph num="(b)"> <text>Tree-killing or weed-killing liquid compounds,</text> </paragraph> <paragraph num="(c)"> <text>Cyanide of potassium,</text> </paragraph> <paragraph num="(d)"> <text>Cyanide of sodium,</text> </paragraph> <paragraph num="(e)"> <text>Drugs, chemicals, medicines, or cosmetics, not otherwise specified, liquid or solid,</text> </paragraph> <paragraph num="(f)"> <text>Insecticides, dry, or</text> </paragraph> <paragraph num="(g)"> <text>Motor fuel antiknock compound;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Class 6, division 6.2 infectious substances are prohibited;</text> </paragraph> <paragraph num="(15)"> <text>Class 7, radioactive materials are prohibited, with the exception of manufactured articles such as instrument or clock dials, electronic tubes of which radioactive materials are a component part, watches, X-ray machines, smoke detectors, etc;</text> </paragraph> <paragraph num="(16)"> <text>Class 8, corrosive materials are prohibited, except batteries;</text> </paragraph> <paragraph num="(17)"> <text>Class 9, miscellaneous hazardous material is prohibited, with the exception of oils, N.O.S., with a flashpoint not less than 93°C (200°F); and</text> </paragraph> <paragraph num="(18)"> <text>Other regulated material: ORM-D is permitted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Tank vehicles which are empty, or which have a residue of not more than 50 gallons, or vehicles transporting empty containers are prohibited from entering any tunnel if they previously transported a prohibited hazardous material, with the following exceptions:</text> <paragraph num="(1)"> <text>Tank vehicles or containers that have been sufficiently cleaned of residue and purged of vapor to remove any potential hazard;</text> </paragraph> <paragraph num="(2)"> <text>Tank vehicles or containers that have been reloaded with a material not classified as a hazardous material;</text> </paragraph> <paragraph num="(3)"> <text>Tank vehicles or containers whose previous cargo was:</text> <paragraph num="(a)"> <text>A Class 3 combustible liquid,</text> </paragraph> <paragraph num="(b)"> <text>A Class 8 corrosive material,</text> </paragraph> <paragraph num="(c)"> <text>A Class 5 oxidizer, or</text> </paragraph> <paragraph num="(d)"> <text>A Class 5 organic peroxide; or</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Completely empty containers whose previous cargo was a Class 3 flammable liquid.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Tank vehicles used to transport Class 3 flammable liquids, even if empty, are prohibited from entering any tunnel.</text> </paragraph> <paragraph num="F."> <text>Notwithstanding the restrictions in §§A—E of this regulation, vehicles transporting hazardous materials prohibited from entering any tunnel may use:</text> <paragraph num="(1)"> <text>The Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only;</text> </paragraph> <paragraph num="(2)"> <text>I-95 northbound to the Key Highway exit ramp south of the Fort McHenry Tunnel, and from the Keith Avenue entrance ramp north of the Fort McHenry Tunnel; or</text> </paragraph> <paragraph num="(3)"> <text>I-95 southbound to the Keith Avenue exit ramp north of the Fort McHenry Tunnel and from the Key Highway entrance ramp south of the Fort McHenry tunnel.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Bridge and Highway Restrictions."> <paragraph num="A."> <text>Vehicles transporting the following radioactive materials are exempt from the requirements in §B of this regulation:</text> <paragraph num="(1)"> <text>Radionuclides for medical, industrial, agricultural, or research purposes;</text> </paragraph> <paragraph num="(2)"> <text>Natural uranium metal;</text> </paragraph> <paragraph num="(3)"> <text>Depleted uranium;</text> </paragraph> <paragraph num="(4)"> <text>Magnesium-thorium alloys in formed shapes (not powdered, and which shall contain not more than 4 percent nominal thorium 232);</text> </paragraph> <paragraph num="(5)"> <text>Radium or radon sealed in needles, capsules, or similar platinum-iridium or gold containers used for medical purposes; or</text> </paragraph> <paragraph num="(6)"> <text>Manufactured articles, other than liquids, containing radioactive material as component parts, such as clock and instrument dials, electronic tubes, test instruments, watches, X-ray machines, etc.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A vehicle may not enter upon any Authority property if its load includes any Class 1 explosives or any radioactive materials except under the following conditions:</text> <paragraph num="(1)"> <text>Prior permission shall be granted by the Administrator of the facility or the Administrator’s authorized representative at least 1 hour before intended travel over the facility;</text> </paragraph> <paragraph num="(2)"> <text>Operators of the transporting vehicles shall comply with all lawful orders, instructions, and directions of authorized Maryland Transportation Authority police personnel;</text> </paragraph> <paragraph num="(3)"> <text>Vehicles shall remain at least 300 feet behind any vehicle travelling in the same direction on the facility;</text> </paragraph> <paragraph num="(4)"> <text>Vehicles transporting Class 1 explosives shall travel at least 2,000 feet from any other vehicle transporting explosives and travelling in the same direction on the facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Exemptions."> <paragraph num="A."> <text>A person who desires to transport through an Authority property tunnel a material prohibited by these regulations may apply for an exemption permit. Permits may be granted in the discretion of the Maryland Transportation Authority subject to the following conditions:</text> <paragraph num="(1)"> <text>The entity requesting the exemption permit submits written evidence that the proposed cargo poses a minimal risk to the travelling public, Maryland Transportation Authority employees, and the Authority property;</text> </paragraph> <paragraph num="(2)"> <text>The permit shall be for a specific duration as established by the Maryland Transportation Authority;</text> </paragraph> <paragraph num="(3)"> <text>The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard its employees, the travelling public, or the Authority property; and</text> </paragraph> <paragraph num="(4)"> <text>The person receiving the permit shall abide by these regulations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Maryland Transportation Authority's decision issuing or denying a permit is final.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 25, 1980 (7:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)</annotation> <annotation type="History" subtype="Administrative History">Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)</annotation> </annotations> </chapter> <chapter num="02" heading="Vehicle Size and Width Restrictions"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Baltimore Harbor Tunnel Thruway” means I-895 which extends from the interchange with I-95 south of Baltimore, including its approaches.</text> </paragraph> <paragraph num="(2)"> <text>“Tandem trailers” means two or more trailers or semitrailers which are pulled at the same time by one motor vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Width Restrictions."> <text>Motor vehicles, semitrailers, and trailers over 96 inches in width may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Tandem Trailers."> <text>Motor vehicles pulling tandem trailers may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Exceptions."> <paragraph num="A."> <text>Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only.</text> </paragraph> <paragraph num="B."> <text>Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway in a northbound direction, but shall exit at the Child Street exit ramp, subject to the following conditions:</text> <paragraph num="(1)"> <text>The person or entity desiring to use the northbound Baltimore Harbor Tunnel Thruway shall make a written request for a hauling permit to the Maryland State Highway Administration as specified in COMAR 11.04.01;</text> </paragraph> <paragraph num="(2)"> <text>The permit may be granted at the discretion of the Maryland Transportation Authority, and shall be for a specific duration as established by the Maryland Transportation Authority;</text> </paragraph> <paragraph num="(3)"> <text>The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard Maryland Transportation Authority property and employees, the traveling public, or the adjacent communities; and</text> </paragraph> <paragraph num="(4)"> <text>The Maryland State Highway Administration’s and Maryland Transportation Authority's decision issuing or denying a permit is final.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Violation."> <text>In addition to any other penalty provided by law, vehicles operated in violation of these regulations are subject to diversion from the Baltimore Harbor Tunnel Thruway.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §21-1410, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 26, 1985 (12:17 Md. R. 1707)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)</annotation> </annotations> </chapter> <chapter num="03" heading="Permits for Towing, Road Service, and Storage of Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned vehicle” has the same meaning as defined in Transportation Article, §25-201(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>"Authority" means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(3)"> <text>Authority Property.</text> <paragraph num="(a)"> <text>"Authority property" means property owned, leased, operated by, or under the control of the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(b)"> <text>Authority property includes a:</text> <paragraph num="(i)"> <text>Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer.</text> </paragraph> <paragraph num="(5)"> <text>“Disabled vehicle” means a vehicle that has become inoperative on Authority property.</text> </paragraph> <paragraph num="(6)"> <text>“Heavy recovery” means the ability to tow a vehicle having a gross vehicle weight of 80,000 pounds of more.</text> </paragraph> <paragraph num="(7)"> <text>“Heavy recovery equipment” means a heavy-duty tow truck with a heavy-duty hydraulic wheel lift.</text> </paragraph> <paragraph num="(8)"> <text>“Impounded vehicle” means a vehicle that has been taken into police custody.</text> </paragraph> <paragraph num="(9)"> <text>“Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Permit” means a permit to engage in towing, road service, or storage of vehicles disabled or impounded on Authority property, issued in accordance with these regulations.</text> </paragraph> <paragraph num="(11)"> <text>“Permittee” means a towing service company that has been granted a permit by the Chief of Police or the Chief's designee to provide towing, road service, and storage of vehicles on Authority property.</text> </paragraph> <paragraph num="(12)"> <text>“Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity.</text> </paragraph> <paragraph num="(13)"> <text>“Police” means:</text> <paragraph num="(a)"> <text>A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Police Communication Center” means the Maryland Transportation Authority Police Force's communication unit that oversees the dispatch of police, and support personnel and vehicles (i.e., fire, EMS, maintenance, and tow truck, etc.) for both customary and emergency calls.</text> </paragraph> <paragraph num="(15)"> <text>“Road service” means adjustments, repairs, or other vehicle service, including tire repair or replacement, of a minor nature, not requiring more than 1 hour of work or the use of specialized, nonportable equipment.</text> </paragraph> <paragraph num="(16)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles.</text> </paragraph> <paragraph num="(18)"> <text>Unattended Vehicle.</text> <paragraph num="(a)"> <text>“Unattended vehicle” means a vehicle that:</text> <paragraph num="(i)"> <text>Is parked on Authority property other than in a designated area; and</text> </paragraph> <paragraph num="(ii)"> <text>Has not been occupied or attended for a period of 12 or more hours.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(20)"> <text>“Zone” means a specific part of Authority property, which is delineated by the Chief of Police or the Chief's designee, that identifies a particular area for which a towing service company may apply for a permit under these regulations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>These regulations govern the application for, and issuance of, permits to towing service companies that provide towing, road service, and storage of vehicles on a 7-day-per-week, 24-hour-per-day basis for disabled vehicles, impounded vehicles, improperly parked vehicles, or unattended vehicles on Authority property.</text> </paragraph> <paragraph num="B."> <text>The Authority may, in the public interest, waive all or a portion of these regulations dealing with equipment or other requirements for permits based on the nonavailability of towing service companies that qualify under these regulations in a given area.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application for Permit and Renewal."> <paragraph num="A."> <text>A towing service company may not provide towing, road service, or storage of disabled or impounded vehicles on or from Authority property unless the towing service company has been granted a permit under these regulations.</text> </paragraph> <paragraph num="B."> <text>At least every 5 years, the Authority shall publish on its website and through eMaryland Marketplace a notice of the open application period to apply for a permit under these regulations.</text> </paragraph> <paragraph num="C."> <text>Upon such notice, a towing service company shall file an application for a permit with the Maryland Transportation Authority Police in order to obtain a permit to provide towing, road service, and storage of vehicles on Authority property.</text> </paragraph> <paragraph num="D."> <text>Applications shall be made on a form provided by the Authority, and shall include:</text> <paragraph num="(1)"> <text>The name, address, and telephone number of the towing service company;</text> </paragraph> <paragraph num="(2)"> <text>The name of the owner or operator of the towing service company;</text> </paragraph> <paragraph num="(3)"> <text>The forms of ownership (for example, sole owner, corporation, limited liability company, or partnership, etc.) of the towing service company;</text> </paragraph> <paragraph num="(4)"> <text>The Authority property or zone for which the towing service company desires a permit;</text> </paragraph> <paragraph num="(5)"> <text>A certification that the towing service company meets the general requirements for all permits as set forth in Regulations .07 and .08;</text> </paragraph> <paragraph num="(6)"> <text>A certification the towing service company:</text> <paragraph num="(a)"> <text>Is registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, where applicable;</text> </paragraph> <paragraph num="(b)"> <text>Is in good standing and has filed all of its annual reports and filing fees with the State Department of Assessments and Taxation;</text> </paragraph> <paragraph num="(c)"> <text>Has filed with the State Department of Assessments and Taxation the name and address of its resident agent;</text> </paragraph> <paragraph num="(d)"> <text>Has paid, or has arranged for payment of, all taxes due to the State, except those which have been validly contested;</text> </paragraph> <paragraph num="(e)"> <text>Has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of Labor, as applicable;</text> </paragraph> <paragraph num="(f)"> <text>Has paid all withholding taxes due to the State; and</text> </paragraph> <paragraph num="(g)"> <text>Has paid all tolls and civil penalties assessed from citations that are due to the Authority, except those which have been validly contested.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>An agreement to allow the Maryland Transportation Authority Police or a designated representative to inspect the applicant's equipment and place of business before and at any time during the permit period; and</text> </paragraph> <paragraph num="(8)"> <text>Any organization that provides services to individuals on the road for which the towing service company is an authorized provider.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The term of each permit is 5 years, and may be renewed in accordance with these regulations.</text> </paragraph> <paragraph num="F."> <text>Each permittee is subject to an annual inspection by the Authority or its agent, which shall include inspection of both the equipment and the premises of the permittee for compliance with the requirements of these regulations. If the permittee fails to pass the inspection, the permit may be suspended or revoked.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Zones."> <paragraph num="A."> <text>Application for Permit.</text> <paragraph num="(1)"> <text>A towing service company shall file with the Maryland Transportation Authority Police an application for a permit for the Authority property or zone for which the towing service company desires to provide towing, road service, and storage of vehicles.</text> </paragraph> <paragraph num="(2)"> <text>In order to provide for the highest level of service to the public, it is the intent of the Authority that a qualified towing service company shall be limited to only one Authority property or zone for which it may be issued a permit.</text> </paragraph> <paragraph num="(3)"> <text>If there are no qualified applicants for adjacent Authority properties or zones, then a permittee may apply for and be issued an additional permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Chief of Police or the Chief's designee may, from time to time, delineate the towing permit zones on Authority property. The zones may be published on the Authority's website, and a copy will be made available upon request.</text> </paragraph> <paragraph num="C."> <text>The Authority reserves the right to establish additional zones or subzones as it considers appropriate to promote safety, efficiency, economy, and service to the public.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application Fee — Repealed" /> <regulation prefix="Regulation" num=".06" heading="Authority to Issue Permits."> <text>The Maryland Transportation Authority Police may issue or renew permits, provided that the towing service company is in compliance with the requirements of these regulations and all other applicable laws.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Requirements for Permits — Experience and Equipment."> <paragraph num="A."> <text>A permittee shall comply with the following requirements in order to apply for and maintain a permit under these regulations.</text> </paragraph> <paragraph num="B."> <text>A towing service company shall have at least 2 years experience in providing towing services and heavy recovery on a commercial basis.</text> </paragraph> <paragraph num="C."> <text>Equipment.</text> <paragraph num="(1)"> <text>A permittee shall be required to have and provide proof of ownership or leasehold of the following equipment:</text> <paragraph num="(a)"> <text>Two heavy-duty tow trucks, one of which shall have a minimum 40-ton crane and one shall have a minimum 25-ton crane, and both trucks shall have a minimum heavy-duty hydraulic wheel lift with a lifting rating of 25,000 pounds, and be capable of towing 80,000 pounds gross vehicle weight. The tow trucks shall carry the following items:</text> <paragraph num="(i)"> <text>Mechanic's tools sufficient for performing minor repairs;</text> </paragraph> <paragraph num="(ii)"> <text>A 10-unit first-aid kit;</text> </paragraph> <paragraph num="(iii)"> <text>Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;</text> </paragraph> <paragraph num="(iv)"> <text>One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;</text> </paragraph> <paragraph num="(v)"> <text>A light bar mounted on the truck that is clearly visible to oncoming traffic;</text> </paragraph> <paragraph num="(vi)"> <text>A shovel and push broom;</text> </paragraph> <paragraph num="(vii)"> <text>An air compressor; and</text> </paragraph> <paragraph num="(viii)"> <text>Towing equipment necessary for the performance of towing services.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>One tow truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, with a crane and a hydraulic wheel lift capable of lifting at least 3,000 pounds, and capable of towing at least 7,500 pounds. This tow truck shall carry the following items:</text> <paragraph num="(i)"> <text>Mechanic's tools sufficient for performing minor repairs;</text> </paragraph> <paragraph num="(ii)"> <text>A 10-unit first-aid kit;</text> </paragraph> <paragraph num="(iii)"> <text>Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;</text> </paragraph> <paragraph num="(iv)"> <text>One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;</text> </paragraph> <paragraph num="(v)"> <text>A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic;</text> </paragraph> <paragraph num="(vi)"> <text>A shovel and push broom; and</text> </paragraph> <paragraph num="(vii)"> <text>Towing equipment necessary for the performance of towing services.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>One rollback truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, and is capable of carrying passenger vehicles. This truck shall carry the following items:</text> <paragraph num="(i)"> <text>Mechanic's tools sufficient for performing minor repairs;</text> </paragraph> <paragraph num="(ii)"> <text>A 10-unit first-aid kit;</text> </paragraph> <paragraph num="(iii)"> <text>Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;</text> </paragraph> <paragraph num="(iv)"> <text>One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;</text> </paragraph> <paragraph num="(v)"> <text>A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; and</text> </paragraph> <paragraph num="(vi)"> <text>A shovel and push broom.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>If any of the permittee's equipment becomes disabled, out of service, or otherwise unavailable, the permittee shall promptly notify the Maryland Transportation Authority Police Detachment Commander within the Authority property or zone. A permittee shall use temporarily, for not more than 20 days, suitable equivalent equipment, owned or leased by the permittee, while the disabled or missing equipment is being repaired or replaced.</text> </paragraph> <paragraph num="(3)"> <text>A permittee shall have available and maintain, at the permittee's expense, a mode of communication capable of communicating with the Authority and the police.</text> </paragraph> <paragraph num="(4)"> <text>The type, design, and condition of the equipment required under this regulation shall be at all times in good operating condition so that the equipment will efficiently perform the work required. All equipment used by a permittee under these regulations shall be subject at any time to inspection by the Maryland Transportation Authority Police Commercial Vehicle Safety Unit.</text> </paragraph> <paragraph num="(5)"> <text>A permittee shall have the ability to accept forms of payment in accordance with Regulation .16 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Registration. Each tow truck owned or leased by a permittee shall be properly registered with the Motor Vehicle Administration as a Class T vehicle, and at all times shall display the distinctive registration plate authorized by the Motor Vehicle Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Requirements for Permits — Equipment Operators and Facilities."> <paragraph num="A."> <text>Equipment Operators.</text> <paragraph num="(1)"> <text>Equipment operators shall have in their possession a valid commercial driver's license (CDL) with a minimum rating of Class B.</text> </paragraph> <paragraph num="(2)"> <text>Equipment operators shall be familiar with and comply with all Maryland vehicle laws.</text> </paragraph> <paragraph num="(3)"> <text>Equipment operators shall be fully trained and thoroughly familiar with the operation of the equipment being used.</text> </paragraph> <paragraph num="(4)"> <text>Permittees may not employ equipment operators under this regulation who have been convicted of:</text> <paragraph num="(a)"> <text>A felony;</text> </paragraph> <paragraph num="(b)"> <text>A misdemeanor directly related to towing, road service, or storage of vehicles;</text> </paragraph> <paragraph num="(c)"> <text>Driving while intoxicated or under the influence of alcohol, drugs, or any controlled dangerous substance; or</text> </paragraph> <paragraph num="(d)"> <text>A criminal traffic offense.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Facilities. A permittee shall have available on its premises the following facilities for use by the motorists of disabled vehicles:</text> <paragraph num="(1)"> <text>A waiting room;</text> </paragraph> <paragraph num="(2)"> <text>A public telephone;</text> </paragraph> <paragraph num="(3)"> <text>Toilet facilities;</text> </paragraph> <paragraph num="(4)"> <text>A garage equipped and maintained to furnish prompt repair service for vehicles towed to its location for repairs, or the ability to arrange for prompt repair service; and</text> </paragraph> <paragraph num="(5)"> <text>A storage space of approximately 50 feet by 100 feet, adequately safeguarded against vandalism and theft, to store towed vehicles.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Stored vehicles may only be claimed during normal business hours, unless alternative arrangements are made at least 24 hours in advance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Authority Actions on Permit Applications."> <paragraph num="A."> <text>Upon receipt of an application for a permit, the Chief of Police or the Chief's designee may compile and review the required documentation and may conduct on-site inspections, check appropriate business records, and conduct necessary interviews to verify whether the applicant meets the minimum basic requirements identified in Regulations .07 and .08 of this chapter and is otherwise qualified for a permit.</text> </paragraph> <paragraph num="B."> <text>If an applicant is determined to be qualified, the Chief of Police or the Chief designee may issue a written permit to the applicant, along with a list of approved rates as described in Regulation .15 of this chapter.</text> </paragraph> <paragraph num="C."> <text>If more than one permit is issued for any Authority property or zone, the Maryland Transportation Authority Police and the permittees shall establish a rotation system, subzones, or other system to ensure that the permittees receive fair and equitable distribution of towing and road service calls.</text> </paragraph> <paragraph num="D."> <text>If an applicant does not provide a completed application to the Authority or does not meet the minimum basic requirements identified in Regulations .07 and .08 of this chapter, the Chief of Police or the Chief's designee may deny the applicant's permit application, and shall advise the applicant in writing of the reasons why the application is denied. A determination to deny an application based on this section may not be appealed. An applicant may attempt to correct any deficiencies prior to the permit application closing date.</text> </paragraph> <paragraph num="E."> <text>If an applicant meets the basic requirements in Regulations .07 and .08 of this chapter, but is determined to be unqualified based on other factors, including but not limited to inadequate prior performance, violations of law, or these regulations, the Chief of Police or the Chief's designee shall advise the applicant in writing of the reasons the applicant is found unqualified and the permit application is denied. A determination of nonqualification and denial of a permit under this section may be appealed in accordance with Regulation .24 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Access to Property of the Authority."> <paragraph num="A."> <text>The Authority shall allow access onto Authority property to the extent necessary for a permittee to perform services permitted under these regulations. Tolls for a permittee's use of Authority property in connection with services performed under a permit may not be waived. The permittee may recover from the motorist of the towed vehicle the actual cost of the tolls charged for use of Authority property.</text> </paragraph> <paragraph num="B."> <text>Unless otherwise required by any rule or regulation, a permittee shall comply strictly with the following provisions:</text> <paragraph num="(1)"> <text>A permittee's vehicle is allowed to enter and leave Authority property only at interchanges or emergency gates designated by the Authority, unless otherwise allowed in writing by the Chief of Police or the Chief's designee.</text> </paragraph> <paragraph num="(2)"> <text>A permittee's vehicle may not travel in a direction opposite to the normal flow of traffic, unless otherwise directed by the police.</text> </paragraph> <paragraph num="(3)"> <text>A permittee's vehicle may make U-turns on Authority property at points designated by the Authority when the permittee is responding to a request for service. However, a permittee's vehicle may not make a U-turn while towing a disabled vehicle, except as authorized by the police.</text> </paragraph> <paragraph num="(4)"> <text>A permittee's equipment operator shall cooperate with and follow all directions of the police and authorized employees of the Authority in all matters concerning clearing of the roadway and traffic control on Authority property.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Police Actions."> <paragraph num="A."> <text>This regulation does not apply if an owner or operator of a vehicle requests a specific towing service company or road service organization, regardless of that entity's ability to qualify under these regulations. The Authority may honor the request if the vehicle is safely on the shoulder of the road and is not impeding traffic flow, unless:</text> <paragraph num="(1)"> <text>It would create an unreasonable time delay;</text> </paragraph> <paragraph num="(2)"> <text>A traffic safety problem exists; or</text> </paragraph> <paragraph num="(3)"> <text>The vehicle is disabled in the roadway as a result of a collision or vehicle fire.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When there is a disabled vehicle, impounded vehicle, improperly parked vehicle, or unattended vehicle on Authority property, the police shall request their Police Communications Center to contact the permittee for that Authority property or zone to provide towing or repair services, as required.</text> </paragraph> <paragraph num="C."> <text>Towing or repair service requests shall be sent by the Police Communications Center by telephone to the permittee for the Authority property or zone in which the vehicle requiring service is located. Requests shall include:</text> <paragraph num="(1)"> <text>The location of the vehicle or vehicles by mile marker or descriptive references, or both;</text> </paragraph> <paragraph num="(2)"> <text>The numbers and types of vehicles involved, including year, make, and model, if available;</text> </paragraph> <paragraph num="(3)"> <text>The nature of the service requested (for example, towing, tire repair, road service, etc.); and</text> </paragraph> <paragraph num="(4)"> <text>Other pertinent information.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In the event of specialized recovery requirements that cannot be met within a reasonable period by a permittee for an Authority property or zone of the Authority, the Police Communications Center shall call the nearest permittee which can provide the specialized equipment.</text> </paragraph> <paragraph num="E."> <text>In the event of an accident involving multiple disabled vehicles, the permittee for that property or zone shall be advised of the number of vehicles requiring towing, and shall be given the opportunity to remove all of the vehicles if the permittee has, or can obtain, sufficient equipment to accomplish removal within a reasonable time. If a permittee lacks the equipment to handle multiple removals in a timely fashion, the Police Communications Center shall contact other permittees to assist in vehicle removals.</text> </paragraph> <paragraph num="F."> <text>A police communications center shall maintain logs and records of towing service requests and responses.</text> </paragraph> <paragraph num="G."> <text>Requests for towing or repair services may be cancelled by the police at any time. Neither the Authority, nor the police are responsible in any way for any costs incurred by a permittee in response to a request that is cancelled, or when a service is not rendered.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Permittee's Duties."> <paragraph num="A."> <text>A permittee shall respond only to requests made by the police for towing or road service on Authority property. In the event of a call or request for towing or road service by someone other than a police communications center, the permittee shall first clear the call with the police communications center before proceeding to the scene.</text> </paragraph> <paragraph num="B."> <text>A permittee shall have one daytime and one nighttime toll-free telephone number to receive requests for towing or road service. Answering services or beepers may not be used.</text> </paragraph> <paragraph num="C."> <text>A permittee or its employee or employees shall be available on a 7-day-per-week, 24-hour-per-day basis to provide towing, road service, and storage of vehicles.</text> </paragraph> <paragraph num="D."> <text>A permittee or its employee or employees shall be available during the permittee's normal business hours for the purpose of releasing a vehicle being stored at the permittee's storage space, when the owner or custodian of the vehicle claims the vehicle.</text> </paragraph> <paragraph num="E."> <text>A permittee or its employee or employees shall be responsible for payment of all tolls, including the vehicle performing the tow and vehicles being towed.</text> </paragraph> <paragraph num="F."> <text>Permittee's Responsibility to Respond.</text> <paragraph num="(1)"> <text>Upon notification or request by the police for service, a permittee shall respond and shall provide prompt service to an identified vehicle within 30 minutes of receipt of notification, at the location of the vehicle, provided by the police. If such a response cannot be made within the time required, the permittee shall notify the Police Communications Center of the estimated time of response and the reasons for delay. In this event, the Police Communications Center may cancel the request for service and use the services of another permittee or towing service company.</text> </paragraph> <paragraph num="(2)"> <text>Following notification or request by the police, the permittee shall respond immediately to the notification and estimate the time of arrival.</text> </paragraph> <paragraph num="(3)"> <text>Upon arrival at the location of a vehicle, the permittee shall transmit the actual time of arrival and time the service requested is completed.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The permittee shall ensure that all its operations conform to all applicable laws and regulations.</text> </paragraph> <paragraph num="H."> <text>In performing its services, a permittee shall take precautions to prevent interference with traffic on Authority property.</text> </paragraph> <paragraph num="I."> <text>A permittee may refer certain types of towing or road service requests (that is, specialized towing, truck tire repair, etc.) to other companies or businesses allowed to perform these services under the permittee's permit. Before making a referral, the permittee shall obtain written permission from the Chief of Police or the Chief's designee authorizing these referrals to specific companies or businesses. Referred companies or businesses are required to comply with all of the applicable terms and conditions of these regulations and the referring permittee's permit.</text> </paragraph> <paragraph num="J."> <text>An equipment operator shall:</text> <paragraph num="(1)"> <text>Perform the towing or road services required in full compliance with all applicable laws, regulations, safety procedures, and police directions;</text> </paragraph> <paragraph num="(2)"> <text>Sweep glass from the roadway and remove all debris and hazards from accident scenes.</text> </paragraph> </paragraph> <paragraph num="K."> <text>A permittee and the permittee's equipment operator or operators may not discriminate in any manner against any person because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Absence of Operator or Owner of Vehicle."> <paragraph num="A."> <text>If the operator or owner of a disabled vehicle is absent or unable to give instructions for the disposition of the disabled vehicle, or in the case of an unattended vehicle, the police shall impound the vehicle and direct a permittee to remove the vehicle from Authority property and tow it to the permittee's vehicle storage facility. The police shall provide the permittee with the name and address of the registered owner of the vehicle.</text> </paragraph> <paragraph num="B."> <text>If a vehicle becomes an abandoned vehicle, the police shall provide the notices required by Transportation Article, §25-204, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Impoundment."> <paragraph num="A."> <text>If a vehicle is impounded by the police, the permittee shall tow and store the vehicle as directed by the police.</text> </paragraph> <paragraph num="B."> <text>A permittee may not release an impounded vehicle and any personal property contained within it to its owner or other legally authorized claimant unless the law enforcement agency that impounded the vehicle authorizes the release in writing. The permittee shall be authorized to recover the costs of towing and storage from the owner or other legally authorized claimant before releasing the impounded vehicle and personal property.</text> </paragraph> <paragraph num="C."> <text>If an impounded vehicle becomes an abandoned vehicle, the police may dispose of the vehicle in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Maximum Charges."> <paragraph num="A."> <text>The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee for services rendered in connection with a permit issued under these regulations. A permittee may not charge more than the maximum amount established for such services, regardless of whether the permittee provides and performs its services on Authority property or at any other place.</text> </paragraph> <paragraph num="B."> <text>The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee to perform and provide the following services:</text> <paragraph num="(1)"> <text>Towing service for the following types of vehicles:</text> <paragraph num="(a)"> <text>Passenger vehicles, up to and including 3/4-ton trucks; and</text> </paragraph> <paragraph num="(b)"> <text>Commercial vehicles, which include:</text> <paragraph num="(i)"> <text>Vehicles of more than 3/4-ton, loaded or unloaded,</text> </paragraph> <paragraph num="(ii)"> <text>Tractor-trailers and towing vehicles, loaded or unloaded, and</text> </paragraph> <paragraph num="(iii)"> <text>Buses;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Winching service, only if this service is provided for vehicles off a paved or improved portion of any Authority property for:</text> <paragraph num="(a)"> <text>Passenger vehicles, up to and including 3/4-ton trucks, per 1/4 hour of actual winch use to position the disabled vehicle for towing; and</text> </paragraph> <paragraph num="(b)"> <text>Commercial vehicles as described in §B(1)(b) of this regulation, per 1/4 hour of actual winch use to position the disabled vehicle for towing;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Other services, which include:</text> <paragraph num="(a)"> <text>Use of dolly wheels or wheel lifts when a vehicle cannot be towed from its front or rear;</text> </paragraph> <paragraph num="(b)"> <text>Connecting air lines;</text> </paragraph> <paragraph num="(c)"> <text>Disconnecting drive shaft;</text> </paragraph> <paragraph num="(d)"> <text>Removing each axle;</text> </paragraph> <paragraph num="(e)"> <text>Road service, excluding labor and materials; and</text> </paragraph> <paragraph num="(f)"> <text>Vehicle storage, charges for which begin accruing 24 hours after the vehicle is towed in for storage for:</text> <paragraph num="(i)"> <text>Passenger vehicles, up to and including 3/4-ton trucks, per day, and</text> </paragraph> <paragraph num="(ii)"> <text>Commercial vehicles, as described in §B(1)(b) of this regulation, per day.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Miscellaneous Charges.</text> <paragraph num="(1)"> <text>Charges for parts furnished in connection with repairs made by the permittee for vehicles removed from any Authority property may not exceed the rates of the applicable dealer's list cost on parts.</text> </paragraph> <paragraph num="(2)"> <text>Labor Rates for Road and Mechanical Repair.</text> <paragraph num="(a)"> <text>A permittee shall file its labor rates for road and mechanical repair services with the Chief of Police or the Chief's designee. The labor rates may not exceed the prevailing rates in the permittee's area for similar services.</text> </paragraph> <paragraph num="(b)"> <text>The Chief of Police or the Chief's designee shall review the labor rates for road and mechanical repair services as filed by the permittee. If the rates are in accordance with the prevailing rates in the permittee's area, the Chief of Police or the Chief's designee shall approve the rates as filed.</text> </paragraph> <paragraph num="(c)"> <text>If the labor rates for road and mechanical repair services are not in accordance with the prevailing rates in its area, the Chief of Police or the Chief's designee may not approve the rates as filed, and shall require the permittee to file a revised schedule of labor rates for repair services, which shall be consistent with the prevailing rates in the permittee's area.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A permittee may not impose a duplicate charge for any services subsequently performed on a disabled vehicle in its garage after the permittee has performed similar services on the vehicle on Authority property before towing the vehicle to the permittee's garage for further servicing.</text> </paragraph> <paragraph num="(4)"> <text>A permittee may impose only one flat-rate charge, as established by the Chief of Police or the Chief's designee for towing a vehicle from its initial location to the permittee's place of business, to its garage or storage facility, or, at the request of the owner or operator, to the nearest interchange off Authority property.</text> </paragraph> <paragraph num="(5)"> <text>A permittee may not impose a charge for either a backward tow or for a hook-up for tow.</text> </paragraph> <paragraph num="(6)"> <text>A permittee may impose a reasonable charge for preparing a vehicle for tow, only in the event of an accident or unusual damage which would prevent a vehicle from being towed without preparation.</text> </paragraph> <paragraph num="(7)"> <text>A vehicle owner or operator requesting service, if available, shall be required to sign a written estimate for the cost of the service. The permittee may also obtain authorization for the estimate by telephone.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Chief of Police or the Chief's designee may, from time to time, increase the maximum charges for services set in accordance with these regulations.</text> </paragraph> <paragraph num="E."> <text>Exceptions.</text> <paragraph num="(1)"> <text>A permittee may impose a charge higher than the estimated maximum charges if an operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, or to its garage or storage facility. For this request, a permittee may charge the prevailing rate for similar services performed in the permittee's area.</text> </paragraph> <paragraph num="(2)"> <text>If the operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, its garage or storage facility, or to the nearest interchange off Authority property, the permittee shall record legibly on the statement of charges the:</text> <paragraph num="(a)"> <text>Request made by the operator or owner of the vehicle; and</text> </paragraph> <paragraph num="(b)"> <text>Higher rate, if any, charged by the permittee.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Payment for Services."> <paragraph num="A."> <text>The operator or owner of a vehicle for which a permittee provides any services under these regulations is responsible for any charge imposed for those services. Neither the Authority nor the State is responsible or liable for any cost associated with services performed by a permittee.</text> </paragraph> <paragraph num="B."> <text>A permittee shall accept all reasonable forms of payment from the owner or operator of a vehicle for whom the permittee has performed a service in accordance with these regulations. A reasonable form of payment includes:</text> <paragraph num="(1)"> <text>United States currency;</text> </paragraph> <paragraph num="(2)"> <text>A check guaranteed by a commercial service; or</text> </paragraph> <paragraph num="(3)"> <text>A major credit card.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Personal checks may be accepted at the permittee's discretion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Billing and Records."> <paragraph num="A."> <text>A permittee shall make three copies of a serially numbered statement of charges for each transaction of services performed in accordance with these regulations. One copy shall be provided to the operator or owner of the vehicle for whom the service was performed, one copy shall be provided to the Chief of Police or the Chief's designee within a week after the service has been completed, and one copy shall be retained by the permittee for its records.</text> </paragraph> <paragraph num="B."> <text>Each copy of the statement of charges shall clearly and legibly show the following information:</text> <paragraph num="(1)"> <text>The name of the person receiving the service;</text> </paragraph> <paragraph num="(2)"> <text>The year, make, and type of vehicle on which service was performed;</text> </paragraph> <paragraph num="(3)"> <text>The vehicle registration number and the state of registration;</text> </paragraph> <paragraph num="(4)"> <text>The service report number or radio transmission number furnished by the police;</text> </paragraph> <paragraph num="(5)"> <text>The location at which the service was performed by reference to the nearest milepost or the nearest Authority building;</text> </paragraph> <paragraph num="(6)"> <text>The date;</text> </paragraph> <paragraph num="(7)"> <text>The time when service began and when service was completed;</text> </paragraph> <paragraph num="(8)"> <text>The type of work performed;</text> </paragraph> <paragraph num="(9)"> <text>The parts used, if any;</text> </paragraph> <paragraph num="(10)"> <text>The rates charged, itemized separately for each service performed;</text> </paragraph> <paragraph num="(11)"> <text>The towing or road service charge made;</text> </paragraph> <paragraph num="(12)"> <text>The total charge for all the services performed; and</text> </paragraph> <paragraph num="(13)"> <text>If available, the signature of the operator or owner of the vehicle for whom services were performed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The method of billing set forth in this regulation applies to all services that are covered under these regulations, including services performed on a vehicle after it has been towed to a permittee's place of business or garage from Authority property.</text> </paragraph> <paragraph num="D."> <text>A permittee shall make available all of its records for inspection by designated representatives of the Authority at all reasonable times. During an inspection by the Authority's representatives, a permittee shall furnish any record, report, or tabulation of services performed on a vehicle pursuant to a permit, as may be required by the inspectors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Insurance."> <paragraph num="A."> <text>Within 10 days from the issuance of a permit by the Authority, a permittee shall furnish and maintain with the Chief of Police or the Chief's designee continuing evidence that the permittee has public liability and property damage insurance, as described in this regulation, with an insurance company or companies licensed to do business in the State.</text> </paragraph> <paragraph num="B."> <text>The insurance carried by a permittee shall protect the permittee, the Authority, and the State from claims for damages for bodily injury, including death, and for damages to property caused by an act or omission by a permittee or any of the permittee's employees, agents, or representatives in connection with the performance of services under these regulations. The insurance policy shall require that the insurer notify the Chief of Police in writing at least 30 days prior to the effective date of any expiration or cancellation of the policy. A certificate of insurance shall be provided to the Chief of Police or the Chief's designee within 10 days of issuance of the permit.</text> </paragraph> <paragraph num="C."> <text>The insurance carried by a permittee shall be in the following amounts:</text> <paragraph num="(1)"> <text>A minimum of $1,000,000 for injuries, including death, to any one person;</text> </paragraph> <paragraph num="(2)"> <text>A minimum of $1,000,000 for any injuries, including death, resulting from any single incident; and</text> </paragraph> <paragraph num="(3)"> <text>A minimum of $1,000,000 for damages to, or destruction of, property as a result of any single incident.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Indemnification."> <text>By accepting a permit under this chapter, a permittee shall defend, indemnify, and hold harmless the Authority and the State, their members, employees, and agents against all claims, suits, costs of every kind and description, including attorney's fees, and from liability for damages to which the Authority and the State, their members, employees, and agents may be subjected by reason of injury or damage to any person or property due to the acts or omissions of the permittee, its employees, agents, or representatives in connection with the performance of services under these regulations.</text> </regulation> <regulation prefix="Regulation" num=".20" heading="Permits Not Transferrable."> <text>A permit issued to a permittee may not be transferred to any other person.</text> </regulation> <regulation prefix="Regulation" num=".21" heading="Denial of Permits."> <text>The Chief of Police or the Chief's designee may deny an application for a permit in accordance with Regulation .09 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".22" heading="Prohibited Actions and Enforcement."> <paragraph num="A."> <text>The following actions are prohibited:</text> <paragraph num="(1)"> <text>Chasing or running wrecks without a proper request from the Police Communications Center;</text> </paragraph> <paragraph num="(2)"> <text>Soliciting at the scene of an accident or disabled vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>Providing towing or road service to a disabled vehicle without clearance from the police.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The police may issue citations to enforce these regulations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Warning, Suspension, and Revocation."> <paragraph num="A."> <text>The Chief of Police or the Chief's designee may warn a permittee, or suspend or revoke a permit in accordance with this regulation when:</text> <paragraph num="(1)"> <text>The Authority receives a complaint from a member of the public or the police regarding the permittee, and the police determine there is a valid basis for the complaint following an investigation;</text> </paragraph> <paragraph num="(2)"> <text>The permittee violates any of these regulations; or</text> </paragraph> <paragraph num="(3)"> <text>The permittee violates any other law that may affect the permittee's ability to adequately perform under these regulations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Letter of Warning.</text> <paragraph num="(1)"> <text>The Chief of Police or the Chief's designee shall issue a letter of warning to a permittee via certified mail upon verification of a complaint for the first time, or, upon the permittee's first violation of any of these regulations.</text> </paragraph> <paragraph num="(2)"> <text>The letter of warning shall:</text> <paragraph num="(a)"> <text>State the substance of the complaint or the law or regulation violated; and</text> </paragraph> <paragraph num="(b)"> <text>Give the permittee an opportunity to explain the complaint or the violation of a regulation within 10 calendar days of the date of receipt of the letter of warning.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the permittee provides an explanation acceptable to the Chief of Police or the Chief's designee, the Chief of Police or the Chief's designee may take no further action regarding the complaint or the violation of a regulation.</text> </paragraph> <paragraph num="(4)"> <text>If the permittee does not provide an explanation that is acceptable to the Chief of Police or the Chief's designee, the letter of warning and related documentation shall become a part of the permittee's records maintained by the Authority.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension of Permit.</text> <paragraph num="(1)"> <text>The Chief of Police or the Chief's designee shall suspend a permit upon the verification of a second complaint or upon the permittee's second violation of any of these regulations.</text> </paragraph> <paragraph num="(2)"> <text>A notice of proposed suspension shall be forwarded to the permittee via certified mail and shall state the substance of the complaint or the law or regulation violated.</text> </paragraph> <paragraph num="(3)"> <text>Opportunity for Explanation by Permittee.</text> <paragraph num="(a)"> <text>The notice of proposed suspension shall give the permittee an opportunity to explain the complaint or the violation of the law or regulation within 10 calendar days of the date of receipt of the notice of proposed suspension.</text> </paragraph> <paragraph num="(b)"> <text>The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed suspension.</text> </paragraph> <paragraph num="(c)"> <text>The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The period of a second suspension shall be at least 30 days, but not more than 60 days, as may be determined by the Chief of Police or the Chief's designee. The Chief of Police or the Chief's designee shall forward to the permittee via certified mail a written notice of the suspension that identifies the period of suspension.</text> </paragraph> <paragraph num="(5)"> <text>The notice of suspension and related documentation shall become a part of the permittee's records maintained by the Authority.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Revocation of Permit.</text> <paragraph num="(1)"> <text>The Chief of Police or the Chief's designee shall revoke a permit:</text> <paragraph num="(a)"> <text>Upon the verification of a third complaint;</text> </paragraph> <paragraph num="(b)"> <text>Upon the permittee's third violation of any of these regulations; or</text> </paragraph> <paragraph num="(c)"> <text>Upon verification of any single violation of the law or these regulations, if the violation is sufficiently egregious to undermine confidence in the permittee's ability to adequately perform under the requirements of the permit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A notice of proposed revocation shall be forwarded to the permittee via certified mail and shall state the:</text> <paragraph num="(a)"> <text>Substance of the complaint, regulation, or law violated; and</text> </paragraph> <paragraph num="(b)"> <text>Any prior complaints or regulations violated.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Opportunity for Explanation by Permittee.</text> <paragraph num="(a)"> <text>The notice of proposed revocation shall give the permittee an opportunity to explain the complaint or the violation of law or regulation within 20 calendar days of the receipt of the notice of proposed revocation.</text> </paragraph> <paragraph num="(b)"> <text>The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed revocation.</text> </paragraph> <paragraph num="(c)"> <text>The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Upon revocation of a permit, the Chief of Police or the Chief's designee shall forward a written notice of revocation via certified mail to the permittee.</text> </paragraph> <paragraph num="(5)"> <text>Upon revocation of a permit, a permittee may not apply for another permit from the Authority for 1 year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Appeal of Suspension or Revocation of a Permit."> <paragraph num="A."> <text>A permittee whose permit is suspended, revoked, or denied pursuant to Regulation .09E of this chapter may appeal the suspension or revocation to the Executive Director of the Authority within 7 calendar days of receipt of the written notice of the suspension, revocation, or denial.</text> </paragraph> <paragraph num="B."> <text>The permittee shall submit in writing the reasons why the suspension, revocation, or denial was improper.</text> </paragraph> <paragraph num="C."> <text>The Executive Director or the Executive Director’s designee shall review the permittee’s written appeal and shall set a date to conduct a contested case hearing. The Executive Director may delegate the authority to conduct the contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>The Executive Director or the Executive Director’s designee shall render a final agency decision in writing.</text> </paragraph> <paragraph num="E."> <text>A party to the contested case may appeal an adverse decision as permitted by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 14, 1991 (17:26 Md. R. 2976)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)</annotation> </annotations> </chapter> <chapter num="04" heading="Open Meetings"> <regulation prefix="Regulation" num=".01" heading="General."> <text>This chapter contains procedures regarding the conduct of those attending open meetings, and the recording and broadcasting of open meetings.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>"Authority" means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(2)"> <text>“Open session” means any meeting of the Authority required to be open to the public pursuant to the Open Meetings Law, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Public Attendance."> <paragraph num="A."> <text>The general public is invited to attend and observe any open session of the Authority.</text> </paragraph> <paragraph num="B."> <text>Except in instances when the Authority expressly invited public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disruptive Conduct."> <paragraph num="A."> <text>An individual attending an open session of the Authority may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.</text> </paragraph> <paragraph num="B."> <text>The presiding officer may:</text> <paragraph num="(1)"> <text>Order an individual who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;</text> </paragraph> <paragraph num="(2)"> <text>Request police or other assistance to restore order; and</text> </paragraph> <paragraph num="(3)"> <text>Recess the open session while order is restored.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recording, Photocopying, and Broadcasting of Open Sessions."> <paragraph num="A."> <text>A member of the public, including any representative of the news media, may:</text> <paragraph num="(1)"> <text>Record discussions of the Authority at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Authority or others attending the open session;</text> </paragraph> <paragraph num="(2)"> <text>Photograph or videotape the proceedings of the Authority at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Authority or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used:</text> <paragraph num="(1)"> <text>Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the open session; and</text> </paragraph> <paragraph num="(2)"> <text>Does not create noise that disturbs members of the Authority or others attending the open session.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Recordings Not Part of Record."> <text>A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 7, 1993 (20:11 Md. R. 914)</annotation> </annotations> </chapter> <chapter num="05" heading="Public Notice of Toll Schedule Revisions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to increase of tolls, certain fees, mileage rates, pricing periods, dynamic pricing, frequency of use, and commuter programs that apply to Authority highways or transportation facilities projects.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Authority” means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(2)"> <text>“Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Dynamic pricing” means a method of calculating the toll where the dynamic pricing mileage rate varies within the approved toll rate range in real time.</text> </paragraph> <paragraph num="(4)"> <text>“Dynamic pricing mileage rate” means the amount per mile used to calculate the toll within the approved toll rate range on a variably priced facility with dynamic pricing.</text> </paragraph> <paragraph num="(5)"> <text>“Executive Director” means the Executive Director of the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(6)"> <text>“Fee” means an electronic toll collection account maintenance fee.</text> </paragraph> <paragraph num="(7)"> <text>“Fixed-price toll facility” means an Authority highway where vehicles are subject to a toll that remains constant over time until the toll schedule is changed consistent with the provisions of this chapter.</text> </paragraph> <paragraph num="(8)"> <text>“Operational metrics” means the performance criteria established to monitor real-time traffic conditions and may include, but is not limited to, traffic speed, traffic volume, travel delay durations or distances, or any combination of these performance criteria.</text> </paragraph> <paragraph num="(9)"> <text>“Pricing period” means the hours of the day, or portions thereof, and days of the week or special days such as holidays during which a time of day pricing mileage rate is in effect on a variably priced toll facility.</text> </paragraph> <paragraph num="(10)"> <text>“Soft rate cap” means a maximum toll rate on a variably priced toll facility with dynamic pricing within the approved toll rate range that may only be exceeded when required to achieve established operational metrics.</text> </paragraph> <paragraph num="(11)"> <text>“Time of day pricing” means a method of calculating the toll where the toll varies according to a fixed, advertised schedule depending on the time of day pricing mileage rate in effect for a pricing period and toll zone.</text> </paragraph> <paragraph num="(12)"> <text>“Time of day pricing mileage rate” means the amount per mile used to calculate the tolls on a variably priced toll facility with time of day pricing.</text> </paragraph> <paragraph num="(13)"> <text>“Toll” means the charge due as established by the Authority for passage of a vehicle through an Authority highway.</text> </paragraph> <paragraph num="(14)"> <text>“Toll facility operator” means a third party other than the Authority authorized to operate a toll facility under a contract.</text> </paragraph> <paragraph num="(15)"> <text>“Toll rate range” means the approved minimum and maximum toll rates as approved by the Authority.</text> </paragraph> <paragraph num="(16)"> <text>“Toll zone” means the area between two access points used to calculate the toll on a variably priced toll facility.</text> </paragraph> <paragraph num="(17)"> <text>“Tolling algorithm” means an automated program or mathematical formula that utilizes operational metrics, predicted traffic patterns, any other selected data points or information, or any combination thereof to set dynamic pricing mileage rates.</text> </paragraph> <paragraph num="(18)"> <text>“Variably priced toll facility” means an Authority highway or transportation facilities project where travel on some or all lanes is subject to a toll that varies based on time of day pricing or dynamic pricing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Procedures for Increases on Fixed-Price Facilities."> <text>The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Procedures for Increases on Variably Priced Toll Facilities Using Time of Day Pricing."> <paragraph num="A."> <text>The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Executive Director may set or adjust the time of day pricing mileage rate, pricing period, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedures for Increases on Variably Priced Toll Facilities Using Dynamic Pricing."> <paragraph num="A."> <text>The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Authority may, in accordance with §A of this regulation, establish a toll rate range with respect to the dynamic pricing mileage rate for any variably priced toll facility with dynamic pricing. A toll rate range established by the Authority in accordance with §A of this regulation may distinguish among classes of users and may be automatically adjusted from time to time according to an index, escalation factor identified by the Authority, or any combination, at the time such toll rate range is established.</text> </paragraph> <paragraph num="C."> <text>The Executive Director may set or adjust the soft rate cap, operational metrics, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.</text> </paragraph> <paragraph num="D."> <text>The Authority or a toll facility operator may utilize a tolling algorithm to set a dynamic pricing mileage rate in real time or in established time increments. If a soft rate cap is established, the dynamic pricing mileage rate shall be at or below the soft rate cap when operational metrics are being met. If operational metrics are not being met, the dynamic pricing mileage rate may exceed the soft rate cap but shall still remain at or below the maximum rate allowed by the toll rate range.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emergency Procedures."> <text>The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 19, 2009 (36:21 Md. R. 1592)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 4, 2019 (46:22 Md. R. 977)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)</annotation> </annotations> </chapter> <chapter num="06" heading="Public-Private Partnership Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to:</text> <paragraph num="A."> <text>Establish a Maryland Transportation Authority Public-Private Partnership Program (Program) to enhance the State’s transportation systems, assets, functions, and infrastructure; and</text> </paragraph> <paragraph num="B."> <text>Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Authority’s Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>In accordance with State Finance and Procurement Article, §10A-101(g)(3), Annotated Code of Maryland, the Authority is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.</text> </paragraph> <paragraph num="B."> <text>Within the Authority, the Executive Director shall be responsible for administering the Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Authority” means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(2)"> <text>“Budget committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Chairman” has the meaning stated in Transportation Article, §4-202(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Department” means the Maryland Department of Transportation and its modal administrations.</text> </paragraph> <paragraph num="(5)"> <text>“Executive” means the Executive Director of the Authority.</text> </paragraph> <paragraph num="(6)"> <text>“Industry forum” means a presolicitation information gathering event that may include public and private sector participants.</text> </paragraph> <paragraph num="(7)"> <text>“Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.</text> </paragraph> <paragraph num="(8)"> <text>“Members of the Authority” means those persons that compose the Authority Board and are appointed in accordance with Transportation Article, §4-202(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Multistep solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps:</text> <paragraph num="(a)"> <text>Issuance of a request for qualifications;</text> </paragraph> <paragraph num="(b)"> <text>Preproposal conference;</text> </paragraph> <paragraph num="(c)"> <text>Issuance of a draft request for proposals;</text> </paragraph> <paragraph num="(d)"> <text>Industry review meetings; and</text> </paragraph> <paragraph num="(e)"> <text>Issuance of a final request for proposals.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Program” means the structure, process, methodology, and terms and conditions applicable to the Authority’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Authority.</text> </paragraph> <paragraph num="(16)"> <text>“Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>“Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.</text> </paragraph> <paragraph num="(19)"> <text>“Steering Committee” is the Authority’s Transportation Public-Private Partnership Steering Committee established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program and composed of Authority and other State employees identified by the Executive Director.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Transportation Public-Private Partnerships Steering Committee."> <paragraph num="A."> <text>The Steering Committee is established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program, including, but not limited to, the following:</text> <paragraph num="(1)"> <text>Identifying potential public-private partnership opportunities for screening;</text> </paragraph> <paragraph num="(2)"> <text>Screening of public-private partnership opportunities, including both high-level and detailed-level;</text> </paragraph> <paragraph num="(3)"> <text>Prioritization of public-private partnership opportunities for solicitation;</text> </paragraph> <paragraph num="(4)"> <text>Developing presolicitation and solicitation plans and processes for public-private partnerships;</text> </paragraph> <paragraph num="(5)"> <text>Ongoing monitoring of public-private partnerships; and</text> </paragraph> <paragraph num="(6)"> <text>Communication and coordination with other State reporting agencies.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Steering Committee shall be composed of Authority and other State employees as identified by the Executive Director.</text> </paragraph> <paragraph num="C."> <text>The Steering Committee shall be chaired by an Authority employee who is identified by the Executive Director and referred to as the Steering Committee chair.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Identification Process."> <paragraph num="A."> <text>Public-private partnership concepts and opportunities will be identified within the Authority and through other State, regional, local, and municipal processes.</text> <paragraph num="(1)"> <text>Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Authority, the Department, and through other State, regional, local, and municipal processes, including but not limited to:</text> <paragraph num="(a)"> <text>The Consolidated Transportation Program;</text> </paragraph> <paragraph num="(b)"> <text>The Statewide Transportation Improvement Program;</text> </paragraph> <paragraph num="(c)"> <text>Long-range transportation plans developed by metropolitan planning organizations; and</text> </paragraph> <paragraph num="(d)"> <text>County Priority Letters.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Public-Private Partnership Candidate Concept Application.</text> <paragraph num="(a)"> <text>To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor.</text> </paragraph> <paragraph num="(b)"> <text>A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.</text> </paragraph> <paragraph num="(c)"> <text>Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, to the extent such information is available, including but not limited to:</text> <paragraph num="(i)"> <text>Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;</text> </paragraph> <paragraph num="(ii)"> <text>Preliminary qualitative evaluation of relevant benefits and cost;</text> </paragraph> <paragraph num="(iii)"> <text>Preliminary description of financial concepts;</text> </paragraph> <paragraph num="(iv)"> <text>Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and</text> </paragraph> <paragraph num="(v)"> <text>Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>The format and required contents of the Public-Private Partnership Candidate Concept Application will be:</text> <paragraph num="(i)"> <text>Developed and updated as needed by the Steering Committee; and</text> </paragraph> <paragraph num="(ii)"> <text>Approved by the Executive Director, Chairman, and members of the Authority.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Unsolicited Proposals to the Authority.</text> <paragraph num="(1)"> <text>In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Authority is permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Authority in implementing its functions in a manner consistent with State policy.</text> </paragraph> <paragraph num="(2)"> <text>Assets not defined as a transportation facilities project under Transportation Article, §4-101(h), Annotated Code of Maryland, are not covered by the Authority’s Program and should be submitted to the appropriate State agency.</text> </paragraph> <paragraph num="(3)"> <text>An unsolicited proposal may be submitted at any time.</text> </paragraph> <paragraph num="(4)"> <text>An unsolicited proposal shall:</text> <paragraph num="(a)"> <text>Be sealed and delivered to the Authority’s Headquarters to the attention of the Executive Director, bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and</text> </paragraph> <paragraph num="(b)"> <text>Consist of 15 hardcopies and 1 electronic copy.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Unsolicited Informational Meetings.</text> <paragraph num="(a)"> <text>Private entities may request meetings with the Steering Committee to discuss potential unsolicited proposals prior to submission.</text> </paragraph> <paragraph num="(b)"> <text>Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair.</text> </paragraph> <paragraph num="(c)"> <text>The Steering Committee is not required to grant meetings in response to a request.</text> </paragraph> <paragraph num="(d)"> <text>During unsolicited informational meetings, the Steering Committee may provide informal feedback and comments to the private entity.</text> </paragraph> <paragraph num="(e)"> <text>The primary purpose of unsolicited informational meetings is to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs.</text> </paragraph> <paragraph num="(f)"> <text>A formal review and screening of an unsolicited proposal will be undertaken only after a private entity completes the formal submission process.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept.</text> </paragraph> <paragraph num="(7)"> <text>An unsolicited proposal shall include, at a minimum, the following:</text> <paragraph num="(a)"> <text>An executive summary of the major elements of the unsolicited proposal, including:</text> <paragraph num="(i)"> <text>The title of the proposed concept;</text> </paragraph> <paragraph num="(ii)"> <text>A brief description and justification of the proposed concept;</text> </paragraph> <paragraph num="(iii)"> <text>The name and address of the public-private partnership private entity; and</text> </paragraph> <paragraph num="(iv)"> <text>A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity;</text> </paragraph> <paragraph num="(c)"> <text>A summary narrative that describes:</text> <paragraph num="(i)"> <text>The key components of the proposed public-private partnership concept;</text> </paragraph> <paragraph num="(ii)"> <text>Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;</text> </paragraph> <paragraph num="(iii)"> <text>Preliminary qualitative evaluation of relevant benefits and costs;</text> </paragraph> <paragraph num="(iv)"> <text>Preliminary description of financial concepts;</text> </paragraph> <paragraph num="(v)"> <text>The relevance of the public-private concept to other transportation facilities or other public infrastructure assets for which the Authority is responsible; and</text> </paragraph> <paragraph num="(vi)"> <text>A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>A high-level description of financial feasibility that includes:</text> <paragraph num="(i)"> <text>Amounts and sources of any public funding that may be required;</text> </paragraph> <paragraph num="(ii)"> <text>How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long-term capital replacement activities, financing, operations, and maintenance; and</text> </paragraph> <paragraph num="(iii)"> <text>How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Authority at the expiration or termination of the public-private partnership agreement;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Rationale for a public-private partnership delivery method relative to a conventional project delivery approach;</text> </paragraph> <paragraph num="(f)"> <text>A clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(g)"> <text>Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Unsolicited Proposal Fee.</text> <paragraph num="(a)"> <text>Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program for which the Authority is responsible shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(b)"> <text>Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program and concerns a public infrastructure asset for which the Authority is responsible shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(c)"> <text>The Authority reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals will be considered separate proposals that require separate proposal fees.</text> </paragraph> <paragraph num="(d)"> <text>Unsolicited proposal fees are nonrefundable.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Screening Process."> <paragraph num="A."> <text>The purpose of screening is to assist the Authority in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.</text> </paragraph> <paragraph num="B."> <text>The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.</text> </paragraph> <paragraph num="C."> <text>Two-Phase Screening Process.</text> <paragraph num="(1)"> <text>High-Level Screening Phase.</text> <paragraph num="(a)"> <text>Factors to be considered during the high-level screening may include, but are not limited to:</text> <paragraph num="(i)"> <text>Ability to meet State transportation, socio-economic development, workforce, and environmental goals;</text> </paragraph> <paragraph num="(ii)"> <text>Technical implementation considerations;</text> </paragraph> <paragraph num="(iii)"> <text>Potential need for coordination with other State agencies, including but not limited to the Department;</text> </paragraph> <paragraph num="(iv)"> <text>Opportunities to accelerate asset delivery implementation;</text> </paragraph> <paragraph num="(v)"> <text>Ability to allocate and share risks in a cost-effective manner that is consistent with State law and in the best interests of the State;</text> </paragraph> <paragraph num="(vi)"> <text>Opportunities to reduce reliance on public funds or finance, or both;</text> </paragraph> <paragraph num="(vii)"> <text>Public affordability considerations;</text> </paragraph> <paragraph num="(viii)"> <text>Potential for increased revenue generation and revenue sharing with the Authority; and</text> </paragraph> <paragraph num="(ix)"> <text>Potential impact on the workforce, including existing State employee workforce, if any.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For internally generated public-private partnership concepts, the high level screening is conducted based on the Public-Private Partnership Candidate Concept Application and supporting information available from the internal sponsor.</text> </paragraph> <paragraph num="(c)"> <text>For unsolicited public-private partnership concepts, the high-level screening is conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Authority.</text> </paragraph> <paragraph num="(d)"> <text>Based on the findings of the high level screening, the Steering Committee may recommend to the Executive Director that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase.</text> </paragraph> <paragraph num="(e)"> <text>Based on the findings of the high-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase.</text> </paragraph> <paragraph num="(f)"> <text>The determination is to be made by the Chairman and members of the Authority to advance or not advance a public-private partnership concept to the detailed-level screening phase.</text> </paragraph> <paragraph num="(g)"> <text>Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall:</text> <paragraph num="(i)"> <text>Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to the detailed-level screening phase; or</text> </paragraph> <paragraph num="(ii)"> <text>Request additional information from the internal sponsor or private entity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Detailed-Level Screening Phase.</text> <paragraph num="(a)"> <text>The detailed-level screening phase is more comprehensive than the high-level screening phase.</text> </paragraph> <paragraph num="(b)"> <text>In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:</text> <paragraph num="(i)"> <text>Scope, design concepts, and phasing schedules;</text> </paragraph> <paragraph num="(ii)"> <text>Compliance with federal and State environmental and transportation planning requirements;</text> </paragraph> <paragraph num="(iii)"> <text>Technical and financial feasibility analyses;</text> </paragraph> <paragraph num="(iv)"> <text>Evaluation of operations and maintenance requirements;</text> </paragraph> <paragraph num="(v)"> <text>Asset lifecycle costs and revenue estimates;</text> </paragraph> <paragraph num="(vi)"> <text>Risk assessment of key asset delivery elements;</text> </paragraph> <paragraph num="(vii)"> <text>In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and</text> </paragraph> <paragraph num="(viii)"> <text>Other analyses to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Executive Director, on a case-by-case basis.</text> </paragraph> <paragraph num="(d)"> <text>Based on the findings of the detailed-level screening, the Steering Committee will make recommendations to the Executive Director as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a presolicitation report.</text> </paragraph> <paragraph num="(e)"> <text>Based on the findings of the detailed-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to submission of a presolicitation report.</text> </paragraph> <paragraph num="(f)"> <text>The determination is to be made by the Chairman and members of the Authority to advance or not to advance a public-private partnership concept to submission of a presolicitation report.</text> </paragraph> <paragraph num="(g)"> <text>Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall:</text> <paragraph num="(i)"> <text>Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to submission of a presolicitation report; or</text> </paragraph> <paragraph num="(ii)"> <text>Request additional information from the internal sponsor or private entity.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Presolicitation."> <paragraph num="A."> <text>Presolicitation Report Development.</text> <paragraph num="(1)"> <text>The development of a presolicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.</text> </paragraph> <paragraph num="(2)"> <text>In consultation with the Steering Committee, the Executive Director shall determine:</text> <paragraph num="(a)"> <text>The tasks required for the development of a presolicitation report; and</text> </paragraph> <paragraph num="(b)"> <text>The responsible parties within the Authority.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The development of a presolicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland, may entail a variety of tasks, including but not limited to:</text> <paragraph num="(a)"> <text>Analyses and documentation, including some or all of the following categories:</text> <paragraph num="(i)"> <text>Scope, design concepts, and phasing schedules;</text> </paragraph> <paragraph num="(ii)"> <text>Compliance with federal and State environmental and transportation planning requirements;</text> </paragraph> <paragraph num="(iii)"> <text>Technical and financial feasibility analyses;</text> </paragraph> <paragraph num="(iv)"> <text>Evaluation of operations and maintenance requirements;</text> </paragraph> <paragraph num="(v)"> <text>Asset lifecycle costs and revenue estimates;</text> </paragraph> <paragraph num="(vi)"> <text>Risk assessment of key asset delivery elements;</text> </paragraph> <paragraph num="(vii)"> <text>Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method; and</text> </paragraph> <paragraph num="(viii)"> <text>In the event that a public-private partnership delivery method may have a potential impact on existing State employees, an analysis of the potential impact and potential options for mitigating that impact;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Issuing public requests for information to obtain additional information that may help the Authority confirm or refine key assumptions; and</text> </paragraph> <paragraph num="(c)"> <text>Organizing public industry forums to obtain additional information that may help the Authority confirm or refine key assumptions.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If it is determined that the proposed public-private partnership delivery method will impact existing State employees, the Authority shall arrange for meetings between the Executive Director, or the Executive Director’s designee, and representatives of the affected bargaining units, if any, for a preliminary discussion of potential impact and potential options for mitigating the impact.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Authority may not issue a public notice of solicitation for a public-private partnership until:</text> <paragraph num="(1)"> <text>The Chairman and members of the Authority approve the presolicitation notice;</text> </paragraph> <paragraph num="(2)"> <text>A presolicitation report concerning the proposed public-private partnership is submitted to the budget committees and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland, that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>The Authority has sought and received:</text> <paragraph num="(a)"> <text>The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and</text> </paragraph> <paragraph num="(b)"> <text>The approval of the Board of Public Works of the method of solicitation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Solicitation Process."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Authority or from an unsolicited proposal.</text> </paragraph> <paragraph num="(2)"> <text>For each private entity that responds to a public notice of solicitation, the Authority shall make a responsibility determination in accordance with State Finance and Procurement, §10A-202(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Solicitations Relating to Concepts Described in Unsolicited Proposals.</text> <paragraph num="(1)"> <text>The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement, §10A-301(d)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement, §10A-301(e), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the private entity’s unsolicited proposal.</text> </paragraph> <paragraph num="(4)"> <text>The Authority reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Multistep Solicitation Process.</text> <paragraph num="(1)"> <text>The Authority may use a multistep solicitation process that includes, but is not limited to, some or all of the following steps:</text> <paragraph num="(a)"> <text>Issuance of a request for qualifications;</text> </paragraph> <paragraph num="(b)"> <text>Preproposal conference;</text> </paragraph> <paragraph num="(c)"> <text>Issuance of a draft request for proposals;</text> </paragraph> <paragraph num="(d)"> <text>Industry review meetings; and</text> </paragraph> <paragraph num="(e)"> <text>Issuance of a final request for proposals.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The determination to use some or all of the solicitation steps will be on a case-by-case basis.</text> </paragraph> <paragraph num="(3)"> <text>The Authority may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.</text> </paragraph> <paragraph num="(4)"> <text>Request for Qualifications.</text> <paragraph num="(a)"> <text>The purpose of a request for qualifications is to:</text> <paragraph num="(i)"> <text>Identify private entities that qualify as participants in the solicitation process; and</text> </paragraph> <paragraph num="(ii)"> <text>Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Based on the responses to the request for qualifications, the Authority may:</text> <paragraph num="(i)"> <text>Identify one or more private entities as qualified; and</text> </paragraph> <paragraph num="(ii)"> <text>Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:</text> <paragraph num="(i)"> <text>Participate in industry review meetings;</text> </paragraph> <paragraph num="(ii)"> <text>Receive drafts of the request for proposals;</text> </paragraph> <paragraph num="(iii)"> <text>Submit comments on drafts of the request for proposals;</text> </paragraph> <paragraph num="(iv)"> <text>Receive the final request for proposals; and</text> </paragraph> <paragraph num="(v)"> <text>Submit a written proposal in response to the final request for proposals.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Preproposal Conference.</text> <paragraph num="(a)"> <text>The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes.</text> </paragraph> <paragraph num="(b)"> <text>A preproposal conference may be scheduled by the Authority after the initial public notice of solicitation for a public-private partnership.</text> </paragraph> <paragraph num="(c)"> <text>Preproposal conferences are open to all interested private entities.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Draft Request for Proposals.</text> <paragraph num="(a)"> <text>As part of a multistep solicitation process, the Authority may issue one or more draft requests for proposals to shortlisted private entities.</text> </paragraph> <paragraph num="(b)"> <text>Draft requests for proposals may include, but are not limited to:</text> <paragraph num="(i)"> <text>Instructions to private entities for responding to the request for proposals;</text> </paragraph> <paragraph num="(ii)"> <text>Technical provisions;</text> </paragraph> <paragraph num="(iii)"> <text>Scope of work; and</text> </paragraph> <paragraph num="(iv)"> <text>Public-private partnership agreement key terms and components.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Authority to the extent permitted by the solicitation process.</text> </paragraph> <paragraph num="(d)"> <text>The Authority may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Industry Review Meetings</text> <paragraph num="(a)"> <text>The Authority may conduct industry review meetings as part of a multistep solicitation process.</text> </paragraph> <paragraph num="(b)"> <text>The purpose of industry review meetings is to:</text> <paragraph num="(i)"> <text>Obtain comments and make revisions to the draft request for proposals;</text> </paragraph> <paragraph num="(ii)"> <text>Obtain the best value for the State;</text> </paragraph> <paragraph num="(iii)"> <text>Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept;</text> </paragraph> <paragraph num="(iv)"> <text>Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and</text> </paragraph> <paragraph num="(v)"> <text>Finalize the requirements for the request for proposals.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Agreement negotiations may not be conducted during industry review meetings.</text> </paragraph> <paragraph num="(d)"> <text>Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.</text> </paragraph> <paragraph num="(e)"> <text>Industry review meetings may be:</text> <paragraph num="(i)"> <text>Joint workshops with all shortlisted private entities invited to participate; or</text> </paragraph> <paragraph num="(ii)"> <text>One-on-one meetings between the Authority and individual shortlisted private entities.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>The Authority may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Final Request for Proposals.</text> <paragraph num="(a)"> <text>In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.</text> </paragraph> <paragraph num="(b)"> <text>The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to:</text> <paragraph num="(i)"> <text>Preproposal conference;</text> </paragraph> <paragraph num="(ii)"> <text>Request for qualifications; and</text> </paragraph> <paragraph num="(iii)"> <text>Industry review meetings.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The Authority may issue a final request for proposals without previously:</text> <paragraph num="(i)"> <text>Issuing a request for qualifications;</text> </paragraph> <paragraph num="(ii)"> <text>Issuing a draft request for proposals; or</text> </paragraph> <paragraph num="(iii)"> <text>Conducting industry review meetings.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>Information Availability During Solicitation.</text> <paragraph num="(a)"> <text>The Authority may make relevant technical and financial information available to private entities through an electronic data room.</text> </paragraph> <paragraph num="(b)"> <text>The Authority may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections.</text> </paragraph> <paragraph num="(c)"> <text>Information or site access provided to individual private entities pursuant to an additional information request shall also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established.</text> </paragraph> <paragraph num="(d)"> <text>Information or site access provided to individual shortlisted private entities pursuant to an additional information request shall also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established.</text> </paragraph> <paragraph num="(e)"> <text>Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Reimbursement.</text> <paragraph num="(1)"> <text>The Authority may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>If the Authority elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity will be described in the public notice of solicitation associated with the specific public-private partnership.</text> </paragraph> <paragraph num="(3)"> <text>The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Authority as a condition to receiving reimbursement.</text> </paragraph> <paragraph num="(4)"> <text>The Authority will only consider reimbursement for shortlisted private entities.</text> </paragraph> <paragraph num="(5)"> <text>Maximum Reimbursement Amount.</text> <paragraph num="(a)"> <text>The Authority may not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership.</text> </paragraph> <paragraph num="(b)"> <text>The Authority may establish a reimbursement less than the maximum prescribed in §D(5)(a) of this regulation on a case-by-case basis.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Reservation of Rights.</text> <paragraph num="(1)"> <text>The Authority reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation the right to:</text> <paragraph num="(a)"> <text>Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;</text> </paragraph> <paragraph num="(b)"> <text>Issue addenda, supplements, and modifications to a public notice of solicitation;</text> </paragraph> <paragraph num="(c)"> <text>Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;</text> </paragraph> <paragraph num="(e)"> <text>Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;</text> </paragraph> <paragraph num="(f)"> <text>Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Authority, or as otherwise set forth by applicable law;</text> </paragraph> <paragraph num="(g)"> <text>Determine whether to pursue federal credit assistance on behalf of the private entities;</text> </paragraph> <paragraph num="(h)"> <text>Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement, §10A-203(b), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(i)"> <text>Exercise any other rights reserved or afforded to the Authority under applicable law and the public notice of solicitation; and</text> </paragraph> <paragraph num="(j)"> <text>Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Additional reservations of the Authority’s rights may be included in the solicitation documents for a public-private partnership.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Evaluation, Negotiation, and Award."> <paragraph num="A."> <text>Evaluation of Submitted Responses.</text> <paragraph num="(1)"> <text>The Authority will conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity.</text> </paragraph> <paragraph num="(2)"> <text>Submitted information will be evaluated against the requirements of the solicitation and the evaluation criteria that the Authority specifies in the solicitation for the particular public-private partnership opportunity;</text> </paragraph> <paragraph num="(3)"> <text>The objective of this evaluation process is to select the private entity that provides the best value solution for the State;</text> </paragraph> <paragraph num="(4)"> <text>The Authority’s evaluation criteria shall be clearly set forth in each request for solicitation; and</text> </paragraph> <paragraph num="(5)"> <text>A failure to provide all requested information may result in the Authority eliminating a response or proposal from further consideration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The processes for evaluating submitted responses to requests for qualifications and for evaluating submitted proposals will be described and submitted to the Board of Public Works as part of the presolicitation process the Board of Public Works is being asked to approve.</text> </paragraph> <paragraph num="C."> <text>The Executive Director shall establish one or more evaluation committees on a case-by-case basis that may:</text> <paragraph num="(1)"> <text>Be composed of:</text> <paragraph num="(a)"> <text>Authority employees;</text> </paragraph> <paragraph num="(b)"> <text>Department employees; and</text> </paragraph> <paragraph num="(c)"> <text>Other State employees;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Review statements of qualifications;</text> </paragraph> <paragraph num="(3)"> <text>Review proposals; and</text> </paragraph> <paragraph num="(4)"> <text>Seek advice from the Authority, the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Best and Final Offers.</text> <paragraph num="(1)"> <text>After the evaluation of all responsive proposals, the Executive Director may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director may request multiple iterations of best and final offers.</text> </paragraph> <paragraph num="(3)"> <text>A best and final offer process is not required.</text> </paragraph> </paragraph> <paragraph num="E."> <text>After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Chairman and members of the Authority, the Executive Director may enter into negotiations with that private entity.</text> </paragraph> <paragraph num="F."> <text>The Executive Director may determine that negotiations be completed by a negotiations committee either composed of members of the evaluation committees or established separately from the evaluation committee that may:</text> <paragraph num="(1)"> <text>Be composed of:</text> <paragraph num="(a)"> <text>Authority employees;</text> </paragraph> <paragraph num="(b)"> <text>Department employees; and</text> </paragraph> <paragraph num="(c)"> <text>Other State employees;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Review the apparent best value private entity’s response to the request for proposals;</text> </paragraph> <paragraph num="(3)"> <text>Review the apparent best value private entity’s best and final offer, if any; and</text> </paragraph> <paragraph num="(4)"> <text>Receive assistance from outside experts and consultants during the evaluation process.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Authority, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:</text> <paragraph num="(1)"> <text>Negotiations with the apparent best value private entity are unsuccessful; or</text> </paragraph> <paragraph num="(2)"> <text>The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Authority’s schedule for the public-private partnership solicitation.</text> </paragraph> </paragraph> <paragraph num="H."> <text>After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Chairman and members of the Authority for review and approval.</text> </paragraph> <paragraph num="I."> <text>After the Chairman and members of the Authority provide approval of the best value private entity, the Authority shall:</text> <paragraph num="(1)"> <text>Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity;</text> </paragraph> <paragraph num="(2)"> <text>Commence the final agreement review process in accordance with State Finance and Procurement, §10A-203, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>Arrange for meetings between the Executive Director or their designee and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Final Agreement Review.</text> <paragraph num="(1)"> <text>The Executive Director shall comply with the final agreement review process established in State Finance and Procurement, §10A-203, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A final agreement report shall accompany a final agreement submitted under State Finance and Procurement, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:</text> <paragraph num="(a)"> <text>The financial plan, including annual cash flows, for any public-private partnership including:</text> <paragraph num="(i)"> <text>State contributions;</text> </paragraph> <paragraph num="(ii)"> <text>Federal loans or credit assistance;</text> </paragraph> <paragraph num="(iii)"> <text>Private investments;</text> </paragraph> <paragraph num="(iv)"> <text>Local contributions; and</text> </paragraph> <paragraph num="(v)"> <text>Other funding contributions;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The ongoing financial costs and increases associated with any operating and maintenance contracts;</text> </paragraph> <paragraph num="(c)"> <text>The impact any public-private partnership agreement may have on the Authority’s debt affordability measures;</text> </paragraph> <paragraph num="(d)"> <text>The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase;</text> </paragraph> <paragraph num="(e)"> <text>An analysis of why the proposed agreement is more advantageous than a conventional project delivery;</text> </paragraph> <paragraph num="(f)"> <text>A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public-private partnership;</text> </paragraph> <paragraph num="(g)"> <text>A summary of the performance measures included in the ongoing operation of the public-private partnership;</text> </paragraph> <paragraph num="(h)"> <text>A summary of the penalties associated with nonperformance relating to the ongoing maintenance and operation; and</text> </paragraph> <paragraph num="(i)"> <text>A plan for how the long-term operating and maintenance contract will be overseen by the Authority.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Delivery."> <text>Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Authority shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 8, 1997 (24:18 Md. R. 1296)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)</annotation> </annotations> </chapter> <chapter num="07" heading="Electronic Toll Collection and Toll Violation Enforcement"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>This chapter applies to Maryland Transportation Authority highways.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agreement” means the application and its corresponding terms and conditions to establish an E-ZPass account which sets out the terms and conditions, and instructions for use of the Authority's electronic toll collection system.</text> </paragraph> <paragraph num="(2)"> <text>“Authority” means the Maryland Transportation Authority and its designated agents.</text> </paragraph> <paragraph num="(3)"> <text>“Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“CCU” means the Maryland Department of Budget and Management Central Collection Unit.</text> </paragraph> <paragraph num="(5)"> <text>“Citation” means a notice of a toll violation and related civil penalties sent by the Authority, pursuant to Transportation Article, §21-1414, Annotated Code of Maryland, to a person who is required to and fails to pay a video toll established by the Authority.</text> </paragraph> <paragraph num="(6)"> <text>“Electronic toll collection” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Electronic payment method” means any noncash payment acceptable to the Authority.</text> </paragraph> <paragraph num="(8)"> <text>“E-ZPass account” means a financial relationship between the Authority and a person who agrees to abide by the Agreement established for the electronic collection of tolls.</text> </paragraph> <paragraph num="(9)"> <text>“E-ZPass account maintenance fee” means any monetary charge that may be assessed to offset the cost of electronic toll collection accounts and is set in accordance with Chapter .05 of this subtitle.</text> </paragraph> <paragraph num="(10)"> <text>“Final notice” means a written administrative notice from the Authority of outstanding amounts due to the Authority when preparing to refer amounts due through a notice of referral to the CCU in accordance with Regulation .08C of this chapter.</text> </paragraph> <paragraph num="(11)"> <text>“Final toll violation” means the total amount due as a result of a toll violation where a citation has been issued, is not paid and:</text> <paragraph num="(a)"> <text>A person fails to request a hearing within the time permitted pursuant to Transportation Article, §21-1414(d)(6), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>A person fails to appear for a trial requested in District Court and has exhausted all appeals;</text> </paragraph> <paragraph num="(c)"> <text>A person is adjudicated to be liable for the toll violation by the District Court and has exhausted all appeals; or</text> </paragraph> <paragraph num="(d)"> <text>A person has failed to satisfy the requirements of an installment payment plan with the Authority.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Motor Vehicle Administration (MVA)” means the Motor Vehicle Administration of the Department of Transportation.</text> </paragraph> <paragraph num="(13)"> <text>“Notice of toll due” or “NOTD” means an administrative notice of a video toll transaction.</text> </paragraph> <paragraph num="(14)"> <text>“Past due notice” means a written administrative notice from the Authority, sent when payment for a toll violation remains due through a notice of referral to the MVA in accordance with Regulations .08A or .08B of this chapter.</text> </paragraph> <paragraph num="(15)"> <text>“Pay” means the Authority receives payment by:</text> <paragraph num="(a)"> <text>Cash;</text> </paragraph> <paragraph num="(b)"> <text>Permitting a charge against an E-ZPass account with a balance sufficient to pay the toll due;</text> </paragraph> <paragraph num="(c)"> <text>Pay-By-Plate; or</text> </paragraph> <paragraph num="(d)"> <text>Another means of payment approved by the Authority.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Pay-By-Plate” means a payment method whereby a customer provides their vehicle license plate information and a valid electronic payment method to the Authority prior to travel for processing toll payments at Authority facilities.</text> </paragraph> <paragraph num="(17)"> <text>“Person alleged to be liable” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“Posted speed limit” means the speed limit posted in an electronic toll collection lane.</text> </paragraph> <paragraph num="(19)"> <text>“Recorded image” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(20)"> <text>“Registered owner” has the meaning stated in Transportation Article, 21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“Speed violation” means a violation of the posted speed limit in an electronic toll collection lane.</text> </paragraph> <paragraph num="(22)"> <text>“State” means any state of the United States, the District of Columbia, a possession of the United States, or a province or territory of Canada.</text> </paragraph> <paragraph num="(23)"> <text>“Toll” means the amount of money due as established by the Authority for passage of a vehicle on an Authority highway.</text> </paragraph> <paragraph num="(24)"> <text>“Toll collection facility” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(25)"> <text>“Toll violation” means the failure to pay a video toll within the time prescribed by the Authority in a notice of toll due and as otherwise provided in a response from the Authority regarding a denial of a transfer of liability.</text> </paragraph> <paragraph num="(26)"> <text>“Transponder” means a device which is designed to transmit information used to collect tolls and is associated with a particular toll collection account.</text> </paragraph> <paragraph num="(27)"> <text>“Trip” means one passage of a vehicle on an Authority highway where a toll is normally collected.</text> </paragraph> <paragraph num="(28)"> <text>“Vehicle” means a motor vehicle as defined by Transportation Article, §11-135, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(29)"> <text>“Video monitoring system” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(30)"> <text>“Video toll” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(31)"> <text>“Video toll transaction” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="E-ZPass Application Process."> <paragraph num="A."> <text>A person who applies to establish an E-ZPass account with the Authority shall complete an online, voice, or written application, or register a retail-purchased transponder, and provide the requested information to the Authority.</text> </paragraph> <paragraph num="B."> <text>The Authority may, in its discretion, deny the E-ZPass application of a person for prior toll violations, in Maryland or any other state; prior speed violations; or for other reasons related to the use of electronic toll collection.</text> </paragraph> <paragraph num="C."> <text>A person establishing an E-ZPass account shall agree to comply with the Agreement.</text> </paragraph> <paragraph num="D."> <text>A person establishing an E-ZPass account shall purchase at least one transponder or have a pre-owned Maryland transponder.</text> </paragraph> <paragraph num="E."> <text>Any payment to an E-ZPass account shall be made by any approved payment method in accordance with the Agreement.</text> </paragraph> <paragraph num="F."> <text>E-ZPass Accounts.</text> <paragraph num="(1)"> <text>The Authority may establish different E-ZPass account types to be selected by the applicant during the E-ZPass application process.</text> </paragraph> <paragraph num="(2)"> <text>The specific conditions for each E-ZPass account type shall be included in the Agreement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Terms and Conditions for E-ZPass Account Holders."> <paragraph num="A."> <text>An E-ZPass account holder acknowledges and agrees to comply with the Agreement when opening an E-ZPass account.</text> </paragraph> <paragraph num="B."> <text>Discount Toll Programs.</text> <paragraph num="(1)"> <text>The Authority may establish different types of discount toll programs.</text> </paragraph> <paragraph num="(2)"> <text>2-axle Vehicle Discount Toll Programs.</text> <paragraph num="(a)"> <text>E-ZPass account holders may purchase approved discount toll programs that have a number of trips which are valid for a specified period of time.</text> </paragraph> <paragraph num="(b)"> <text>Trips not used within the period of time specified in the applicable discount toll program are no longer valid.</text> </paragraph> <paragraph num="(c)"> <text>Refunds or credits may not be issued for unused trips.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Multi-Axle Vehicle Discount Toll Programs. An E-ZPass account holder may receive a toll discount based on the volume of use by vehicles included on their E-ZPass account.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An E-ZPass account holder shall maintain sufficient funds within the E-ZPass account in accordance with the Agreement.</text> </paragraph> <paragraph num="D."> <text>If at any time an E-ZPass account balance is insufficient to pay tolls due, an E-ZPass account holder remains liable for the toll and the Authority shall:</text> <paragraph num="(1)"> <text>Send a NOTD in accordance with Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Issue a Citation after failure to pay a NOTD in accordance with Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An E-ZPass account holder remains responsible for updating account information with the Authority in accordance with the Agreement. Failure to keep the E-ZPass account information current does not relieve the account holder of liability for tolls due.</text> </paragraph> <paragraph num="F."> <text>The use of the transponder is transferable between vehicles listed on an E-ZPass account.</text> </paragraph> <paragraph num="G."> <text>Speed Violations — Procedures.</text> <paragraph num="(1)"> <text>A speed violation notice may be sent per E-ZPass account for E-ZPass private and business accounts.</text> </paragraph> <paragraph num="(2)"> <text>Notice of Warning for a Speed Violation. A warning notice may be sent for the first speed violation in a toll lane and the notice shall include the consequences for receiving a second violation.</text> </paragraph> <paragraph num="(3)"> <text>Notice of E-ZPass Account Suspension for a Speed Violation.</text> <paragraph num="(a)"> <text>E-ZPass account suspension for a speed violation is the temporary invalidation by the Authority of an E-ZPass account holder’s privilege to use a transponder or an established E-ZPass account for toll collection in all states where E-ZPass is accepted.</text> </paragraph> <paragraph num="(b)"> <text>An E-ZPass account suspension notice may be sent for a second speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority.</text> </paragraph> <paragraph num="(c)"> <text>An E-ZPass account suspension notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being suspended for 60 days, and shall include the beginning date and ending date of the E-ZPass account suspension of privileges.</text> </paragraph> <paragraph num="(d)"> <text>An E-ZPass account suspension notice shall include the consequences of any speed violation or attempt to use the E-ZPass account while under suspension.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Notice of E-ZPass Account Closure for a Speed Violation.</text> <paragraph num="(a)"> <text>An E-ZPass account closure notice may be sent for the third speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority.</text> </paragraph> <paragraph num="(b)"> <text>An E-ZPass account closure notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being terminated, and shall specify the effective date of the E-ZPass account closure.</text> </paragraph> <paragraph num="(c)"> <text>An E-ZPass account closure notice shall include the consequences of any attempt to use the E-ZPass account once closed.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Authority may issue speed violation notices by email or first class U.S. mail.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Suspension or Termination of E-ZPass Account Privileges."> <paragraph num="A."> <text>The Authority may suspend or terminate an E-ZPass account holder's privileges for violation of electronic toll collection laws, this chapter, or the Agreement.</text> </paragraph> <paragraph num="B."> <text>The Authority may terminate an E-ZPass account for inactivity, with no tolls posted or funds added to the account for at least 24 months.</text> </paragraph> <paragraph num="C."> <text>The Authority shall notify an E-ZPass account holder as soon as practicable of a suspension or termination of E-ZPass account privileges.</text> </paragraph> <paragraph num="D."> <text>If E-ZPass account privileges are suspended or terminated, the Authority shall return to an E-ZPass account holder within 60 days any unencumbered funds more than $3.50 remaining in an E-ZPass account. Unused discount toll program trips remaining on an E-ZPass account may not be refunded or credited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Toll Collection by Recorded Image."> <paragraph num="A."> <text>The Authority may use the recorded image of a motor vehicle passing through a Maryland toll collection facility to determine liability for tolls due.</text> </paragraph> <paragraph num="B."> <text>Pay-By-Plate.</text> <paragraph num="(1)"> <text>Tolls may be paid via Pay-By-Plate, whereby a customer authorizes the Authority to charge tolls due by providing the Authority with vehicle information and a valid electronic payment method online, over the phone, or in person for processing payment prior to travel.</text> </paragraph> <paragraph num="(2)"> <text>Vehicle information provided by the customer shall include the license plate number, state of registration, type of vehicle, and vehicle year.</text> </paragraph> <paragraph num="(3)"> <text>A Pay-By-Plate customer is responsible for updating vehicle information and maintaining valid electronic payment information with the Authority. If a customer fails to keep vehicle and electronic payment information current, the customer is not relieved of liability for tolls due.</text> </paragraph> <paragraph num="(4)"> <text>The electronic payment method provided shall be valid at all times and be charged for each toll transaction.</text> </paragraph> <paragraph num="(5)"> <text>If a valid payment is not made using the Pay-by-Plate payment method, the customer remains liable for the toll and the Authority shall:</text> <paragraph num="(a)"> <text>Send a NOTD in accordance with §D of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Issue a citation after failure to pay a NOTD in accordance with Regulation .07 of the chapter; and</text> </paragraph> <paragraph num="(c)"> <text>Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The Pay-By-Plate payment method is only valid for use with the Authority's electronic toll collection system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Video Toll Early Payment Discount. The Authority may establish a discount for video toll transactions paid prior to the mailing of the NOTD.</text> </paragraph> <paragraph num="D."> <text>Notice of Toll Due (NOTD).</text> <paragraph num="(1)"> <text>The Authority shall send the person alleged to be liable that was involved in a video toll transaction a NOTD containing:</text> <paragraph num="(a)"> <text>The name and address of the person alleged to be liable under this chapter;</text> </paragraph> <paragraph num="(b)"> <text>The license plate number and state of registration of the vehicle involved in the video toll transaction;</text> </paragraph> <paragraph num="(c)"> <text>The location where the video toll transaction took place;</text> </paragraph> <paragraph num="(d)"> <text>The date and time of the video toll transaction;</text> </paragraph> <paragraph num="(e)"> <text>The amount of the video toll;</text> </paragraph> <paragraph num="(f)"> <text>The date by which the video toll must be paid;</text> </paragraph> <paragraph num="(g)"> <text>A copy of the recorded image;</text> </paragraph> <paragraph num="(h)"> <text>The statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland to transfer liability to another person;</text> </paragraph> <paragraph num="(i)"> <text>A warning that failure to pay the video toll, request a transfer of liability in the manner and time prescribed, or the late payment of the video toll, will result in a Toll Violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter, and that continued failure to pay may lead to refusal or suspension of the motor vehicle registration and referral to the CCU;</text> </paragraph> <paragraph num="(j)"> <text>A warning that payment of the video toll, whether timely or late is an admission of liability of the video toll transaction; and</text> </paragraph> <paragraph num="(k)"> <text>Instructions on how to pay the video toll or request a transfer of liability of the video toll transaction to another person.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as provided in §E of this regulation, the person alleged to be liable who receives a NOTD shall have at least 30 days to pay the video toll from the mailing date of the NOTD.</text> </paragraph> <paragraph num="(3)"> <text>Except as provided for in §E of this regulation, failure of the person alleged to be liable to pay the video toll by the NOTD payment due date shall constitute a toll violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>If a transfer of liability is requested, the person alleged to be liable shall send the request to the Authority, which must be received by the Authority on or before the NOTD payment due date.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Transfer of Liability.</text> <paragraph num="(1)"> <text>The person alleged to be liable may request a transfer of liability of the video toll transaction from the Authority by asserting any of the statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland, which includes providing the additional documentation required by statute.</text> </paragraph> <paragraph num="(2)"> <text>The Authority must receive the request for a transfer of liability, including all supporting documentation by the NOTD payment due date.</text> </paragraph> <paragraph num="(3)"> <text>If the Authority does not receive payment of the video toll or a request for a transfer of liability by the NOTD payment due date, a toll violation will result subject to issuance of a citation and a civil penalty as set forth in Regulation .07 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>A request for transfer of liability received by the Authority on or before the NOTD payment due date shall be reviewed by the Authority to determine whether liability for the video toll transaction may be transferred from the person alleged to be liable to another person.</text> </paragraph> <paragraph num="(5)"> <text>If the Authority accepts the request for transfer of liability as described in this regulation:</text> <paragraph num="(a)"> <text>The Authority shall send the person alleged to be liable a determination of the request for transfer of liability indicating it is accepted;</text> </paragraph> <paragraph num="(b)"> <text>The person alleged to be liable shall not be responsible for the video toll transaction; and</text> </paragraph> <paragraph num="(c)"> <text>The Authority shall send a new NOTD to the person to whom liability was transferred in accordance with Transportation Article, §21-1414(g), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the Authority denies the request for transfer of liability as described in this regulation:</text> <paragraph num="(a)"> <text>The person alleged to be liable will receive a determination of a request for transfer of liability from the Authority indicating it is denied;</text> </paragraph> <paragraph num="(b)"> <text>The person alleged to be liable shall pay the video toll by the NOTD payment due date or within 10 days from the mailing date on the denial notification, whichever is later; and</text> </paragraph> <paragraph num="(c)"> <text>If payment is not received in accordance with §E(6)(b) of this regulation, a toll violation will result with a date relating back to the day after the original NOTD payment due date subject to a citation and a civil penalty for a toll violation as set forth in Regulation .07 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Installment Plans.</text> <paragraph num="(1)"> <text>The Authority may offer an installment plan to a person alleged to be liable for payment of unpaid video tolls and any associated civil penalties that total at least $300.</text> </paragraph> <paragraph num="(2)"> <text>An installment plan shall require the person to make monthly installment payments until the total amount of the outstanding unpaid video tolls and any associated civil penalties owed are paid. The Authority may waive any portion of the associated outstanding civil penalties.</text> </paragraph> <paragraph num="(3)"> <text>If liquidation by installment payments requires more than 3 years, then the debt may be referred as a delinquent account to the Central Collection Unit.</text> </paragraph> <paragraph num="(4)"> <text>The Authority may not offer more than one installment plan to a person at a time. A person is responsible for fully paying all unpaid video tolls and associated penalties within the one installment plan in accordance with the installment plan.</text> </paragraph> <paragraph num="(5)"> <text>If a person fails to make payment or defaults on the terms of an installment plan, then the Authority may terminate the installment plan, resulting in a final toll violation. The Authority is not required to offer alternative payment plans if a person defaults on the installment payments. The Authority may use any legal action available to collect in accordance with Regulation .08 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Toll Violation Enforcement."> <paragraph num="A."> <text>Citation.</text> <paragraph num="(1)"> <text>Within 60 days of a toll violation, the Authority shall issue a citation, as provided in Transportation Article, §21-1414, Annotated Code of Maryland, to the person alleged to be liable who has previously been issued an NOTD.</text> </paragraph> <paragraph num="(2)"> <text>The citation shall contain information required in Transportation Article, §21-1414(d)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Within 30 days of the mailing date of the citation a person alleged to be liable may:</text> <paragraph num="(a)"> <text>Pay the video toll and civil penalty, in the amount set forth in Regulation .09 of this chapter, to the Authority; or</text> </paragraph> <paragraph num="(b)"> <text>Contest the citation by electing to stand trial in the District Court of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Final Toll Violation.</text> <paragraph num="(1)"> <text>A citation may result in a final toll violation.</text> </paragraph> <paragraph num="(2)"> <text>For any citation that results in a final toll violation and remains unpaid, the Authority may do one or more of the following:</text> <paragraph num="(a)"> <text>Request the MVA to refuse the vehicle registration for a vehicle that has incurred at least one unpaid final toll violation as set forth in Regulation .08 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>Send a request to the MVA for suspension of the vehicle registration if a vehicle has incurred at least $1,000 in unpaid final toll violations as set forth in Regulation .08 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Refer any amounts due as a result of the unpaid final toll violation to the CCU as set forth in Regulation .08 of this chapter; and</text> </paragraph> <paragraph num="(d)"> <text>Collect the amount due by any other means as provided by law.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Collection, Suspension, and Waiver."> <paragraph num="A."> <text>Notice of Referral to the MVA for Refusal.</text> <paragraph num="(1)"> <text>The Authority may send to the registered vehicle owner in Maryland or any state with which the Authority has entered into a reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice indicating that failure to pay will result in refusal of the vehicle registration for any vehicle incurring at least one unpaid final toll violation, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland.</text> <paragraph num="(a)"> <text>If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.</text> </paragraph> <paragraph num="(b)"> <text>The Authority shall notify the MVA:</text> <paragraph num="(i)"> <text>Within 3 business days, to permit the renewal or transfer of the vehicle registration when no outstanding video tolls or civil penalties exist for any final toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or</text> </paragraph> <paragraph num="(ii)"> <text>Within 3 business days, to permit the renewal or transfer of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with the CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If the registered owner of the vehicle defaults on the confessed judgment entered into with the CCU as provided in §A(1)(b)(ii) of this regulation, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A past due notice shall:</text> <paragraph num="(a)"> <text>Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;</text> </paragraph> <paragraph num="(b)"> <text>Inform the recipient that failure to pay will result in referral to the MVA for refusal of the vehicle registration;</text> </paragraph> <paragraph num="(c)"> <text>Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and</text> </paragraph> <paragraph num="(e)"> <text>Advise the registered owner of additional fees that may be imposed by the MVA.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Additional unpaid final toll violations that accrue after the final toll violation that lead to referral to MVA shall be added to the total amount due and are to be paid in accordance with §A(1)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Notice of Referral to the MVA for Suspension.</text> <paragraph num="(1)"> <text>The Authority may send to the registered owner in Maryland or any state with which the Authority has entered into reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice for any vehicle incurring at least $1,000 in unpaid final toll violations, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland, indicating that failure to pay will result in referral to the MVA for suspension of the vehicle registration.</text> <paragraph num="(a)"> <text>The threshold dollar amount of $1,000 for issuing a past due notice for referral to the MVA for suspension of the vehicle registration may include previous amounts due to the Authority that were referred to the CCU for collections in accordance with §C of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.</text> </paragraph> <paragraph num="(c)"> <text>The Authority shall notify the MVA:</text> <paragraph num="(i)"> <text>Within 3 business days, to lift suspension of the vehicle registration when no outstanding video tolls or civil penalties exist for any final video toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or</text> </paragraph> <paragraph num="(ii)"> <text>Within 3 business days, to lift suspension of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If the registered owner of the vehicle defaults on the confessed judgment entered into with CCU as provided in §B(1)(c)(ii) of this regulation, the Authority shall notify MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A past due notice shall:</text> <paragraph num="(a)"> <text>Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;</text> </paragraph> <paragraph num="(b)"> <text>Inform the recipient that failure to pay will result in referral to the MVA for suspension of the vehicle registration;</text> </paragraph> <paragraph num="(c)"> <text>Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;</text> </paragraph> <paragraph num="(d)"> <text>Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date shall avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and</text> </paragraph> <paragraph num="(e)"> <text>Advise the registered owner of the additional fees that may be imposed by the MVA.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Additional unpaid final toll violations that accrue after the referral to MVA shall be added to the total amount due and are to be paid in accordance with §B(1)(b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Final Notice — Referral to the CCU.</text> <paragraph num="(1)"> <text>The Authority may send to a person that has incurred unpaid final toll violations that total the amount established by the CCU, a final notice of possible referral to the CCU. The CCU shall act as the authorized agent for any civil action instituted for the collection of unpaid Final Toll Violations pursuant to Transportation Article, §21-1414(d)(6)(i), Annotated Code of Maryland.</text> <paragraph num="(a)"> <text>The amounts referred to the CCU for unpaid final toll violations may be included by the Authority to reach the threshold dollar amount of $1,000 for referral to the MVA of a vehicle registration for suspension in accordance with §B of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the final notice to avoid referral to the CCU, the Authority will refer those final toll violations to the CCU.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A final notice of possible referral to the CCU shall advise the person of the total amount due to the Authority for each unpaid final toll violation that is included in the referral.</text> </paragraph> <paragraph num="(3)"> <text>A final notice of possible referral to the CCU shall advise the person that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral.</text> </paragraph> <paragraph num="(4)"> <text>A final notice of possible referral to the CCU shall advise the person of the additional fees that may be imposed by the CCU.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Waiver of Tolls and Civil Penalties.</text> <paragraph num="(1)"> <text>Notwithstanding any provision of the electronic toll collection process as set forth in this chapter, until the Authority refers the debt to the CCU, the Authority may waive any portion of the video toll due or civil penalty assessed under Transportation Article, §21-1414, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A person alleged to be liable who receives an NOTD or citation may request a waiver of any portion of the video toll due and the civil penalty.</text> </paragraph> <paragraph num="(3)"> <text>The person alleged to be liable shall provide documentation to the Authority to support the person’s request for the waiver.</text> </paragraph> <paragraph num="(4)"> <text>Waivers may be granted based upon, but not limited to, the following:</text> <paragraph num="(a)"> <text>Notice related issues, including, but not limited to, receipt or processing and handling delays;</text> </paragraph> <paragraph num="(b)"> <text>Extended absences of the person alleged to be liable, including, but not limited to, hospitalization, incarceration, and long-term out-of-State travel;</text> </paragraph> <paragraph num="(c)"> <text>License plate issues, including but not limited to, theft, fraud, or lost plates;</text> </paragraph> <paragraph num="(d)"> <text>Emergency traffic diversion onto a toll collection facility; and</text> </paragraph> <paragraph num="(e)"> <text>Payment error, including, but not limited to, referencing an incorrect payee, providing an incorrect payment amount, and using an incorrect mailing address for payment to the Authority.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Additional information related to waivers is maintained by the Authority on its website.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Fees."> <paragraph num="A."> <text>General Provisions. The Authority shall enforce this chapter in accordance with law and may charge fees related to the collection of unpaid tolls.</text> </paragraph> <paragraph num="B."> <text>Fees established by the Authority are as follows:</text> <paragraph num="(1)"> <text>Civil Penalty. The civil penalty included in a citation for a toll violation is $25.</text> </paragraph> <paragraph num="(2)"> <text>E-ZPass Account Maintenance Fee. The monthly E-ZPass account maintenance fee shall be set in accordance with Chapter .05 of this subtitle and will apply to applicable E-ZPass accounts.</text> </paragraph> <paragraph num="(3)"> <text>Insufficient Funds Fee. An additional fee shall be assessed on all checks returned for insufficient funds and the person shall submit the tolls, any civil penalties due, the returned check fee, and may be subject to subsequent fees by another method of payment, as specified by the Authority.</text> </paragraph> <paragraph num="(4)"> <text>Transponder. Any person opening an E-ZPass account must purchase a new or previously owned Maryland transponder in accordance with Regulation .03 of this chapter. Prices of transponders vary by make and model and may be found on the E-ZPass application.</text> </paragraph> <paragraph num="(5)"> <text>The person entering an installment plan shall pay the Authority the costs of administering the installment plan as a percentage of the total amount owed, which amount shall equal the amount authorized by the Central Collection Unit for collections in COMAR 17.01.01.07</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 20, 1998 (25:8 Md. R. 597)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 15, 2009 (36:12 Md. R. 837)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)</annotation> </annotations> </chapter> <chapter num="08" heading="Towing of Vehicles on Maryland Transportation Authority Property"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>"Authority" means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(3)"> <text>Authority Property.</text> <paragraph num="(a)"> <text>"Authority property" means property owned, leased, operated by, or under the control of, the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(b)"> <text>"Authority property" includes a:</text> <paragraph num="(i)"> <text>Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer.</text> </paragraph> <paragraph num="(5)"> <text>“Disabled vehicle” means a vehicle that has become inoperative on Authority property.</text> </paragraph> <paragraph num="(6)"> <text>“Impounded vehicle” means a vehicle that has been taken into police custody.</text> </paragraph> <paragraph num="(7)"> <text>“Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity.</text> </paragraph> <paragraph num="(9)"> <text>“Police” means:</text> <paragraph num="(a)"> <text>A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“State” means the State of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles.</text> </paragraph> <paragraph num="(12)"> <text>Unattended Vehicle.</text> <paragraph num="(a)"> <text>“Unattended vehicle” means a vehicle that:</text> <paragraph num="(i)"> <text>Is parked on Authority property other than in a designated area; and</text> </paragraph> <paragraph num="(ii)"> <text>Has not been occupied or attended for a period of 12 or more hours.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>This chapter governs the removal of disabled, impounded, improperly parked, or unattended vehicles on Authority property by towing service companies holding permits under COMAR 11.07.03, and the charges that may be imposed. These regulations do not limit the ability of the Authority to remove vehicles in accordance with COMAR 11.07.10.05.</text> </paragraph> <paragraph num="B."> <text>The Authority may, in the public interest, waive all or a portion of these regulations at the discretion of the Chief of Police or the Chief's designee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Towing of Vehicles."> <paragraph num="A."> <text>Any disabled, unattended, improperly parked, or impounded vehicle on any Authority property may be towed.</text> </paragraph> <paragraph num="B."> <text>A vehicle shall be towed only upon direction from the police.</text> </paragraph> <paragraph num="C."> <text>A vehicle shall be towed by a towing service company holding a permit under COMAR 11.07.03 to that company's vehicle storage facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Police Action — Unattended Vehicles."> <paragraph num="A."> <text>A vehicle that is parked on Authority property, other than within designated parking areas, that is not occupied or attended shall be identified and tagged by police.</text> </paragraph> <paragraph num="B."> <text>If a tagged vehicle remains on Authority property for 12 or more hours the vehicle shall be designated by the police as an unattended vehicle.</text> </paragraph> <paragraph num="C."> <text>The police shall impound the vehicle that has been designated by the police as an unattended vehicle and direct a towing service company holding a permit under COMAR 11.07.03 to remove the vehicle from Authority property. The police shall provide the towing service company with the name and address of the registered owner of the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Charges."> <paragraph num="A."> <text>The owner or operator of a vehicle that is towed from Authority property is responsible for any charges imposed by a towing service company for towing and storing the vehicle.</text> </paragraph> <paragraph num="B."> <text>The rates to be charged for towing and storing a vehicle are the rates established by the Authority under COMAR 11.07.03.15 for towing service companies.</text> </paragraph> <paragraph num="C."> <text>Neither the Authority nor the State is responsible for the payment of any charges imposed by a towing service company for towing and storing any vehicle. Nothing in this regulation limits rights otherwise provided by law under Transportation Article, §26-306, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Abandonment."> <paragraph num="A."> <text>If a vehicle becomes an abandoned vehicle, the police that directed the removal of the vehicle shall provide the notice required by Transportation Article, §25-204, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 5, 1999 (26:7 Md. R. 545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> </annotations> </chapter> <chapter num="09" heading="Vehicle Parking Facilities"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter describes the policies and procedures for providing financing for vehicle parking facilities in priority funding areas.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>The Maryland Transportation Authority is authorized to finance, construct, operate, maintain, and repair vehicle parking facilities.</text> </paragraph> <paragraph num="B."> <text>A vehicle parking facility financed under this chapter shall be located in a priority funding area and support Smart Growth efforts.</text> </paragraph> <paragraph num="C."> <text>Priority shall be given to transit-oriented development vehicle parking facility projects financed under this chapter.</text> </paragraph> <paragraph num="D."> <text>Revenues from a vehicle parking facility financed pursuant to this chapter shall be sufficient to pay all operating and maintenance costs and debt service for each year that the debt is unpaid. Maryland Transportation Authority Fund moneys may not be used as a cash investment for any vehicle parking facility financed under this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means Transportation Article, Title 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>"Authority" means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(3)"> <text>“Chairman” means the Secretary of the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(4)"> <text>“Executive Director” means the Executive Director of the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(5)"> <text>“Minority business enterprise” means a certified minority business enterprise under State Finance and Procurement Article, §14-301, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Nonprofit organization” means a not-for-profit corporation, foundation, or other legal entity that is exempt from federal income tax under §501(c)(3) of the Internal Revenue Code of 1986.</text> </paragraph> <paragraph num="(7)"> <text>“Priority funding area” means a priority funding area under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Proposer” means a government agency, county, municipality, nonprofit organization, or private entity submitting a proposal to the Authority under this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Resolution” means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman.</text> </paragraph> <paragraph num="(10)"> <text>“Smart Growth” means the State Economic Growth, Resource Protection, and Planning Policy under State Finance and Procurement Article, Title 5, Subtitle 7B, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Successful proposer” means a proposer whose proposal for a vehicle parking facility project has been evaluated, and approved for financing by, the Authority.</text> </paragraph> <paragraph num="(12)"> <text>“Transit-oriented development” means a place of high population density that includes a mixture of residential, employment, shopping, and civic uses located near a bus or rail transit center.</text> </paragraph> <paragraph num="(13)"> <text>“Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Eligible Projects."> <paragraph num="A."> <text>A vehicle parking facility project financing proposal shall be submitted for approval by the Authority.</text> </paragraph> <paragraph num="B."> <text>In order to be eligible for financing by the Authority, a vehicle parking facility project shall satisfy the following requirements:</text> <paragraph num="(1)"> <text>Be located in a designated priority funding area; and</text> </paragraph> <paragraph num="(2)"> <text>Generate sufficient revenue to:</text> <paragraph num="(a)"> <text>Recover all financing costs associated with bond issuance;</text> </paragraph> <paragraph num="(b)"> <text>Service all debt for each year the debt is outstanding and unpaid; and</text> </paragraph> <paragraph num="(c)"> <text>Meet the acquisition, construction, maintenance, and operation costs of the vehicle parking facility.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Terms and Conditions."> <paragraph num="A."> <text>The Authority is not liable for and may not reimburse any costs incurred by a proposer, regardless of whether the proposer's vehicle parking facility project proposal is selected.</text> </paragraph> <paragraph num="B."> <text>Any information the Authority makes available to a proposer shall be as a convenience to the proposer without representation or warranty of any kind.</text> </paragraph> <paragraph num="C."> <text>A proposer may not rely upon oral responses to inquiries. If a proposer has a question regarding this chapter, the proposer shall submit the question in writing to the Executive Director and the Authority shall provide written answers.</text> </paragraph> <paragraph num="D."> <text>The Authority reserves the right, at any time, to:</text> <paragraph num="(1)"> <text>Reject any vehicle parking facility project proposal;</text> </paragraph> <paragraph num="(2)"> <text>Terminate evaluation of any vehicle parking facility project proposal;</text> </paragraph> <paragraph num="(3)"> <text>Suspend, discontinue, or terminate vehicle parking facility project agreement negotiations with a proposer;</text> </paragraph> <paragraph num="(4)"> <text>Request or obtain additional information about a vehicle parking facility project proposal;</text> </paragraph> <paragraph num="(5)"> <text>Decline to return any fees required of proposers under this chapter; or</text> </paragraph> <paragraph num="(6)"> <text>Complete a proposed vehicle parking facility project as a public project, using a plan or financial structure different from that proposed by a private entity.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Authority may establish, from time to time, detailed guidelines containing underwriting standards, architectural and engineering review, and other requirements or matters relating to the financing of vehicle parking facility projects.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Proposal Requirements."> <paragraph num="A."> <text>The Authority shall accept unsolicited vehicle parking facility project proposals from government agencies, counties, municipalities, nonprofit organizations, and private entities that demonstrate the feasibility and demand for the facilities within priority funding areas.</text> </paragraph> <paragraph num="B."> <text>Proposals to the Authority for vehicle parking facility projects shall include the following information:</text> <paragraph num="(1)"> <text>A conceptual overview of the proposed vehicle parking facility project that details the need for the project and compliance with local and State land use, Smart Growth, and transportation planning objectives;</text> </paragraph> <paragraph num="(2)"> <text>An independent feasibility report that includes an analysis of market demand, operational and maintenance costs, and revenue estimates;</text> </paragraph> <paragraph num="(3)"> <text>An engineering analysis of the project, including architecture and design proposal, and construction costs and time frame;</text> </paragraph> <paragraph num="(4)"> <text>A financing plan that illustrates all sources of funding, including:</text> <paragraph num="(a)"> <text>The extent of financial participation by the proposer and other entities as applicable;</text> </paragraph> <paragraph num="(b)"> <text>The extent of the Authority's ownership interest in the vehicle parking facility;</text> </paragraph> <paragraph num="(c)"> <text>Compensation for Authority administrative overhead costs; and</text> </paragraph> <paragraph num="(d)"> <text>A revenue structure that supports all operating and maintenance costs and debt service;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Minority Business Enterprise participation plans, as applicable;</text> </paragraph> <paragraph num="(6)"> <text>A description of the operation, maintenance, enforcement, and security of the vehicle parking facility, provisions for project management during construction of the vehicle parking facility, provisions for audit of the vehicle parking facility revenues, and a plan for regular and ongoing reporting to the Authority on the vehicle parking facility project status;</text> </paragraph> <paragraph num="(7)"> <text>A proposed schedule for financing and construction of the vehicle parking facility; and</text> </paragraph> <paragraph num="(8)"> <text>Any other additional information, drawings, plans, reports, or estimates that the Authority requires.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Confidential and Proprietary Information."> <text>A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets, and shall provide any justification as to why these materials, upon request, should not be disclosed by the Authority under State Government Article, §§10-611—10-623, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Evaluation of Proposed Projects and Selection Process."> <paragraph num="A."> <text>A proposal for a vehicle parking facility project is subject to an initial review by the Authority to determine the eligibility of a project in accordance with this chapter and the Act.</text> </paragraph> <paragraph num="B."> <text>If a proposal is eligible under this chapter and the Act, the Authority shall review the proposal and determine whether the Authority will finance the vehicle parking facility project.</text> </paragraph> <paragraph num="C."> <text>In making a determination as to whether to finance a vehicle parking facility project, the Authority shall base the financing decision on the following criteria:</text> <paragraph num="(1)"> <text>The financing plan is allowable under any trust agreement between the Authority and a corporate trustee or the Act, or both, and provides for access to the necessary capital to finance the vehicle parking facility;</text> </paragraph> <paragraph num="(2)"> <text>Market demand and the amount of project debt can be supported by the projected revenue stream;</text> </paragraph> <paragraph num="(3)"> <text>Consistency with local and State planning, transportation, and Smart Growth plans;</text> </paragraph> <paragraph num="(4)"> <text>Integrity of engineering architectural and design specifications and accuracy of construction, operational, and maintenance costs; and</text> </paragraph> <paragraph num="(5)"> <text>Any other factor that the Authority considers relevant.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Authority approval of the financing of the vehicle parking facility shall by evidenced by a signed resolution of the Authority, and represents the final approval for the vehicle parking facility project.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Fees."> <text>The Authority may charge an application fee or other fees reasonably related to the expenses it incurs in processing a proposal and in issuing the bonds.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Nondiscrimination."> <text>A successful proposer shall comply with all applicable federal, State, and local laws regarding discrimination and equal employment opportunity including:</text> <paragraph num="A."> <text>Title VII of the Civil Rights Act of 1964, as amended;</text> </paragraph> <paragraph num="B."> <text>Article 49B, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="C."> <text>The provisions of the Governor's Code of Fair Employment Practices, as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Drug-Free and Alcohol-Free Workplaces."> <text>A successful proposer shall comply, and remain in compliance, with the State's policy concerning drug-free and alcohol-free workplaces, as set forth in COMAR 01.01.1989.18, and shall make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from places at which work is performed in accordance with this chapter and the Act.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Delegation."> <text>The Authority may delegate to the Executive Director the authority to execute or approve any documents related to a vehicle parking facility project under this chapter or the Act.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Waiver."> <text>The Authority may waive or vary provisions of this chapter:</text> <paragraph num="A."> <text>To the extent that the waiver or variance is consistent with the Act; and</text> </paragraph> <paragraph num="B."> <text>If, in the written determination of the Chairman, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="False Statements."> <paragraph num="A."> <text>A proposer may not knowingly make or cause to be made any material misstatement of fact, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Authority's action in any statement or report in or regarding a proposal for financing of a vehicle parking facility project.</text> </paragraph> <paragraph num="B."> <text>The Authority may reject any proposal for financing of a vehicle parking facility project that contains any material misstatement of fact.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 18, 2002 (29:3 Md. R. 222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="10" heading="Parking on Maryland Transportation Authority Property"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>This chapter applies to vehicles as defined in these regulations located on Authority property.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>"Authority" means the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(3)"> <text>Authority Property.</text> <paragraph num="(a)"> <text>"Authority property" means property owned, leased, operated by or under the control of the Maryland Transportation Authority.</text> </paragraph> <paragraph num="(b)"> <text>"Authority property" includes:</text> <paragraph num="(i)"> <text>A transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>An Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Official sign” means a sign that conforms to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways as defined in Transportation Article, §25-104, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Police” means:</text> <paragraph num="(a)"> <text>A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Unattended Vehicle.</text> <paragraph num="(a)"> <text>“Unattended vehicle” means a vehicle that:</text> <paragraph num="(i)"> <text>Is parked on Authority property other than in a designated area; and</text> </paragraph> <paragraph num="(ii)"> <text>Has not been occupied or attended for a period of 12 or more hours.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Permitted Areas."> <paragraph num="A."> <text>A valid permit issued by the Authority may be required at designated parking areas on Authority property.</text> </paragraph> <paragraph num="B."> <text>The operator of a vehicle parked in an area that requires a permit shall clearly display the required permit on or through the front windshield of the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Restrictions."> <paragraph num="A."> <text>Except when authorized by an official sign, the police, or when required by a traffic control device, a vehicle may not stop, stand, or park:</text> <paragraph num="(1)"> <text>In front of, across, or blocking a driveway or gate;</text> </paragraph> <paragraph num="(2)"> <text>Within 15 feet of a fire hydrant or standpipe;</text> </paragraph> <paragraph num="(3)"> <text>On a sidewalk or in a crosswalk;</text> </paragraph> <paragraph num="(4)"> <text>Within 20 feet of a crosswalk at an intersection, or within 30 feet of the approach to any stop sign, yield sign, or traffic control signal;</text> </paragraph> <paragraph num="(5)"> <text>Within 20 feet of the pedestrian or vehicle entrance or access point to any building, except where designated for parking;</text> </paragraph> <paragraph num="(6)"> <text>Within 50 feet of the nearest rail of a railroad, except where designated for parking;</text> </paragraph> <paragraph num="(7)"> <text>In an area where stopping, standing, or parking is prohibited by an official sign, or by markings on the adjacent curb or pavement;</text> </paragraph> <paragraph num="(8)"> <text>On the roadway side of a vehicle stopped or parked at the edge of the roadway;</text> </paragraph> <paragraph num="(9)"> <text>On the roadway where parking is otherwise permitted but where any part of the nearest side of the parked vehicle is in excess of 12 inches from the nearest curb, side, or edge of the roadway;</text> </paragraph> <paragraph num="(10)"> <text>In such a way as to obstruct traffic;</text> </paragraph> <paragraph num="(11)"> <text>In such a way as to cause or be likely to cause a hazard to the health and safety of individuals on Authority property;</text> </paragraph> <paragraph num="(12)"> <text>In a designated handicapped parking space without displaying a valid handicapped registration plate or placard;</text> </paragraph> <paragraph num="(13)"> <text>In excess of a time limit on a time restricted space; or</text> </paragraph> <paragraph num="(14)"> <text>In an area designated for permit parking without displaying a valid parking permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When parking or stopping a vehicle in any lined parking area, the vehicle may not occupy more than one lined space.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Removal of Vehicles."> <paragraph num="A."> <text>At the registered owner's expense, the police may remove or direct removal of the following:</text> <paragraph num="(1)"> <text>A vehicle in violation of Regulation .04 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>A vehicle impeding the movement and handling of cargoes by its position; or</text> </paragraph> <paragraph num="(3)"> <text>An unattended vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The police may take into custody any vehicle or other object parked or placed in violation of Regulation .04 of this chapter or otherwise parked or placed so as to:</text> <paragraph num="(1)"> <text>Constitute a hazard to public safety; or</text> </paragraph> <paragraph num="(2)"> <text>Impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Authority may use its own personnel, equipment, and facilities, or use those of its designee in accordance with COMAR 11.07.03, for the purpose of removing, taking into custody, and storing vehicles.</text> </paragraph> <paragraph num="D."> <text>The Authority shall keep accurate records of all vehicles removed, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to facilitate voluntary removals.</text> </paragraph> <paragraph num="E."> <text>Vehicles moved by the Authority pursuant to this regulation shall be handled in accordance with COMAR 11.07.08 and COMAR 11.07.03.14.</text> </paragraph> <paragraph num="F."> <text>Abandoned vehicles shall be removed in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Violations."> <paragraph num="A."> <text>Citations.</text> <paragraph num="(1)"> <text>The police may issue citations for violations committed under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A person receiving a citation for a parking violation shall:</text> <paragraph num="(a)"> <text>Pay for the parking violation; or</text> </paragraph> <paragraph num="(b)"> <text>Elect to stand trial for the violation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Election to Pay. If the person charged in the citation elects to pay for the parking violation, the person shall pay by mailing a certified check or money order, payable to the Maryland Transportation Authority in the amount stated on the citation, to the Division of Finance, 300 Authority Drive, Baltimore, Maryland 21222.</text> </paragraph> <paragraph num="C."> <text>Election to Stand Trial.</text> <paragraph num="(1)"> <text>If the person charged in the citation elects to stand trial, the person shall send a notice of intention to stand trial by mail to the Division of Finance, Maryland Transportation Authority, 300 Authority Drive, Baltimore, Maryland 21222, at least 5 days before the payment due date specified in the citation.</text> </paragraph> <paragraph num="(2)"> <text>If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request so on the notice electing trial that the officer appear.</text> </paragraph> <paragraph num="(3)"> <text>If the officer's presence is not specifically requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the facts stated in the citation.</text> </paragraph> <paragraph num="(4)"> <text>If a timely notice to stand trial is received, the Authority shall forward the notice and citation to the District Court, which shall schedule the trial and notify the person charged in the citation of the date, time, and location of the trial.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the procedures adopted by the Chief Judge of the District Court of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalties."> <paragraph num="A."> <text>A parking violation is a misdemeanor.</text> </paragraph> <paragraph num="B."> <text>The registered owner of a vehicle found in violation of Regulation .04A(12) of this chapter is subject to a fine in accordance with Transportation Article, §27-106, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The registered owner of a vehicle found in violation of any other section of this chapter is subject to a $75 fine.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 11, 2005 (32:7 Md. R. 682)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)</annotation> </annotations> </chapter> <chapter num="11" heading="Public Use of Interstate 95 Service Plazas"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>This chapter applies to the Maryland House and Chesapeake House Service Plazas and include the parking areas, restaurant and restroom facilities, service and repair stations, wooded areas, and other related public use areas.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Parking."> <paragraph num="A."> <text>A vehicle may not be left unattended in parking areas or on the premises of service stations for more than 24 hours, unless authorized by the Maryland Transportation Authority.</text> </paragraph> <paragraph num="B."> <text>A vehicle may not be parked, or left unattended or disabled, on shoulders or exit ramps leading into or out of the service plazas.</text> </paragraph> <paragraph num="C."> <text>Parking regulations in COMAR 11.07.10 apply to the service plazas.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Litter."> <text>Litter shall be placed in containers provided for that purpose. If recycling containers are provided, they shall be used only for the appropriate recycled materials.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Smoking."> <text>Smoking is not permitted inside any building. Visitors shall totally extinguish all cigarettes, cigars, and matches after use and before entering a building. An individual smoking near gasoline pumps and restaurants is subject to other applicable State laws and regulations.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Animals."> <paragraph num="A."> <text>Animals are not permitted inside buildings, with the exception of dogs used for governmental security purposes or service animals as defined in Human Services Article, §7-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>All animals must remain on a leash and be attended at all times.</text> </paragraph> <paragraph num="C."> <text>Animals shall be appropriately cleaned up after, with waste disposed in proper waste containers.</text> </paragraph> <paragraph num="D."> <text>Animal bathing is prohibited.</text> </paragraph> <paragraph num="E."> <text>Wild animals shall be properly confined at all times while on the service plaza premises.</text> </paragraph> <paragraph num="F."> <text>Feeding or otherwise encouraging the congregation of birds or other animals on or near the vicinity of service plaza premises is prohibited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Commercial Vehicles."> <text>Commercial vehicles may not use the service plaza public areas for interchanging, loading, unloading, servicing, or other commercial activities.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Restrooms."> <text>Use of family restrooms is limited to those individuals caring for the needs of minor children and disabled adults.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Personal Conduct."> <paragraph num="A."> <text>Loitering in any area is prohibited.</text> </paragraph> <paragraph num="B."> <text>Loitering may subject the violator to criminal penalties as defined in Criminal Law Article, §6-409, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Conduct that interferes with the lawful use of the Maryland House and Chesapeake House Service Plazas, or with passage from place to place, through entrances, exits, or passageways, is prohibited.</text> </paragraph> <paragraph num="D."> <text>Interfering or blocking any drive, path, sidewalk, building, or other area is prohibited.</text> </paragraph> <paragraph num="E."> <text>Movement through building hallways, restrooms, shops, and restaurants may not be restricted.</text> </paragraph> <paragraph num="F."> <text>Use of the buildings or other public areas for sleeping, in lieu of a hotel, motel, or other public accommodation is prohibited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Public Demonstration."> <text>The Maryland House and Chesapeake House Service Plazas are nonpublic forums. Public demonstration and assembly are prohibited.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Misusing or Damaging."> <text>Destroying, injuring, disturbing, defacing, or tampering with any building structure, fixture, decoration, signage, furniture, merchandise, or any tree, plant, grass area, sidewalk, or other landscaping structure is prohibited. Any person who causes damage is liable for damage payments.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Solicitation or Debt Collection."> <text>The solicitation of alms, money, or contributions, commercial soliciting, the display of commercial advertising, political soliciting or advertising, or the collection of private debts are prohibited.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Commercial Activity."> <paragraph num="A."> <text>Commercial activity is prohibited, except when permitted or authorized in writing by the Authority.</text> </paragraph> <paragraph num="B."> <text>Commercial activity on portions of the service plazas leased to or under contract to individuals or companies is not subject to this chapter. Instead, the lease agreements or contract specifications between the individuals or companies and the Maryland Transportation Authority govern these commercial activities.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Alcoholic Beverages."> <text>Alcoholic beverages or other intoxicating substances may not be consumed on the premises of the service plazas.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Breach of Peace."> <paragraph num="A."> <text>Any act amounting to breach of the peace is prohibited.</text> </paragraph> <paragraph num="B."> <text>Lewd acts, language, or gestures are prohibited.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Enforcement."> <paragraph num="A."> <text>A police officer may lawfully order an individual who violates this chapter to leave the area. Failure to comply with the order may result in arrest.</text> </paragraph> <paragraph num="B."> <text>Any law enforcement agency with competent jurisdiction is authorized to enforce this chapter by issuing a citation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §4-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 11, 2005 (32:7 Md. R. 682)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)</annotation> </annotations> </chapter> </subtitle> <subtitle num="08" heading="State Rail Transit Safety Oversight"> <chapter num="01" heading="Federal Transit Administration Regulations"> <regulation prefix="Regulation" num=".01" heading="Authority Under 49 U.S.C. §5329 and 49 CFR Part 674."> <text>The State of Maryland has designated the Maryland Department of Transportation (MDOT) as the State Safety Oversight Agency, the agency responsible for rail transit safety oversight in the State. These regulations establish the system safety requirements for each rail fixed guideway public transportation system solely within the State of Maryland, including those systems and parts of systems in engineering and construction, to comply with the provisions of the Rail Safety Oversight Program.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 26, 2018 (45:6 Md. R. 321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 5, 2026 (52:25 Md. R. 1309)</annotation> </annotations> </chapter> <chapter num="02" heading="State Safety Oversight Authority"> <regulation prefix="Regulation" num=".01" heading="Established."> <text>Pursuant to Transportation Article, §7-203.1, Annotated Code of Maryland, there is hereby created the State Safety Oversight Agency (SSOA) for each fixed guideway rail public transportation system solely within the State of Maryland hereafter referred to as a Rail Transit Agency (RTA).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purposes."> <text>In carrying out its purposes, the SSOA, through its designated personnel, shall, as required by 49 U.S.C. §5329, as amended, and any federal regulations promulgated thereunder:</text> <paragraph num="A."> <text>Adopt, revise, and distribute a written Rail Safety Oversight Program (RSOP);</text> </paragraph> <paragraph num="B."> <text>Review, approve, oversee, and enforce the adoption and implementation of the RTA Public Transportation Agency Safety Plan;</text> </paragraph> <paragraph num="C."> <text>Require, review, approve, and enforce the adoption and implementation of any Corrective Action Plans (CAPs) the SSOA deems appropriate; and</text> </paragraph> <paragraph num="D."> <text>Enforce relevant federal and State laws and regulations relating to safety of the RTA rail systems.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions"> <paragraph num="A."> <text>“Personnel” includes state employees, contractors, and any other individual functioning in that role.</text> </paragraph> <paragraph num="B."> <text>“Safety event” means:</text> <paragraph num="(1)"> <text>An unexpected outcome resulting in injury or death;</text> </paragraph> <paragraph num="(2)"> <text>Damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or</text> </paragraph> <paragraph num="(3)"> <text>Damage to the environment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Powers."> <paragraph num="A."> <text>In performing its duties, the SSOA, through its designated personnel, may for each rail fixed guideway public transportation system, including those with elements in engineering and construction:</text> <paragraph num="(1)"> <text>Conduct, or cause to be conducted, inspections, investigations, examinations, and testing of the property, equipment, facilities, rolling stock, personnel, and operations of the RTA rail systems, including, without limitation, electronic information and databases;;</text> </paragraph> <paragraph num="(2)"> <text>Enter upon the RTA rail systems and, upon reasonable notice and a finding by the SSOA personnel that a need exists, upon any lands, waters, and premises adjacent to the RTA rail systems for making inspections, investigations, examinations and testing as the SSOA may deem necessary to carry out the purposes of this regulation, and such entry shall not be deemed a trespass. The SSOA shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises because of such activities;</text> </paragraph> <paragraph num="(3)"> <text>Compel compliance by an RTA with any Corrective Action Plan, directive, or order of the SSOA by such means as the SSOA deems appropriate, including, but not limited to:</text> <paragraph num="(a)"> <text>Issuing subpoenas;</text> </paragraph> <paragraph num="(b)"> <text>Directing the RTA to prioritize spending on safety-critical items to the extent consistent with the law;</text> </paragraph> <paragraph num="(c)"> <text>Removing a specific vehicle, infrastructure element, or hazard from the RTA rail systems; and</text> </paragraph> <paragraph num="(d)"> <text>Restricting, suspending or prohibiting rail service, with appropriate notice, on all or part of the RTA rail systems;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Direct an RTA to suspend or disqualify from performing in a safety sensitive position an individual who has violated or directed others to violate safety rules, regulations, policies, procedures, or laws in a manner that the SSOA determines make that individual unfit for the performance of such a function; and</text> </paragraph> <paragraph num="(5)"> <text>Take such other actions as the SSOA may deem appropriate consistent with its purposes and powers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The SSOA shall coordinate its enforcement activities with federal and State governmental authorities as appropriate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Duties."> <paragraph num="A."> <text>Role of the State Safety Oversight Agency.</text> <paragraph num="(1)"> <text>The SSOA shall establish minimum standards for the safety of all rail fixed guideway public transportation systems within its oversight. These shall be consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, the rules for Public Transportation Agency Safety Plans and all applicable federal and State laws.</text> </paragraph> <paragraph num="(2)"> <text>The SSOA shall review and approve the Public Transportation Agency Safety Plan for every rail fixed guideway public transportation system within its oversight. The SSOA shall oversee an RTA’s execution of its Public Transportation Agency Safety Plan. The SSOA shall enforce the execution of a Public Transportation Agency Safety Plan, through an order of a corrective action plan or any other means, as necessary or appropriate. The SSOA shall ensure that a Public Transportation Agency Safety Plan meets the requirements at 49 U.S.C. §5329(d) and 49 CFR Part 673.</text> </paragraph> <paragraph num="(3)"> <text>If the SSOA does not approve a Public Transportation Safety Plan, the SSOA shall provide a written explanation and allow an RTA an opportunity to modify and resubmit its Public Transportation Agency Safety Plan for the SSOA’s approval.</text> </paragraph> <paragraph num="(4)"> <text>The SSOA has the responsibility to provide safety oversight of an RTA’s project or projects in the engineering or construction phase to verify compliance with all applicable federal and State safety requirements, safety procedures, and other safety management system practices such as safety event investigation. This includes operations, testing, simulated service or pre-revenue service, and transit-related maintenance activity. The SSOA may set additional reporting and investigation requirements for the RTA beyond those required by FTA.</text> </paragraph> <paragraph num="(5)"> <text>The SSOA shall have primary responsibility for the investigation of any allegation of noncompliance with a Public Transportation Agency Safety Plan.</text> </paragraph> <paragraph num="(6)"> <text>The SSOA shall have primary responsibility for the investigation of a safety event on a rail fixed guideway public transportation system.</text> </paragraph> <paragraph num="(7)"> <text>The SSOA may enter into an agreement with a contractor for assistance, including overseeing safety event investigations performing independent safety event investigations and for expertise or resources the SSOA does not have within its own organization.</text> </paragraph> <paragraph num="(8)"> <text>All designated SSOA personnel shall comply with the requirements of the Public Transportation Safety Certification Training Program as applicable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>State Safety Oversight Program Standards. The SSOA shall adopt and distribute a written SSO program standard, consistent with the National Public Transportation Safety Plan and the rules for Public Transportation Agency Safety Plans. This SSO program standard shall identify the processes and procedures that govern the activities of the SSOA. Also, the SSO program standard shall identify the processes and procedures an RTA must have in place to comply with the standard. The program standard may set other requirements to further the safety and security of Maryland rail transit agencies. Each RTA and its personnel must comply with the program standard.</text> </paragraph> <paragraph num="C."> <text>Triennial Audits. At least once every 3 years, the SSOA shall conduct a complete audit of an RTA’s compliance with its Public Transportation Agency Safety Plan. Alternatively, an SSOA may conduct the audit on an on-going basis over the 3-year time frame. The SSOA shall issue a report with findings and recommendations arising from the audit, which shall include, at minimum, an analysis of the effectiveness of the Public Transportation Agency Safety Plan, findings, observations, or recommendations for improvements, and a requirement for a corrective action plan or plans, if necessary or appropriate. The RTA shall be given an opportunity to comment on the findings, observations, and recommendations.</text> </paragraph> <paragraph num="D."> <text>Notifications of Safety Events. Federal Transit Administration (FTA) Notification. In addition to the other requirements for safety event notification set forth in the SSO program standard, in any instance in which an RTA must notify the FTA of a safety event, the RTA must notify both the SSOA and the FTA within the time frame required by FTA.</text> </paragraph> <paragraph num="E."> <text>Investigations.</text> <paragraph num="(1)"> <text>The SSOA shall investigate or require an investigation of any safety event that requires the transit agency to notify FTA under 49 CFR §674.33, may investigate or require investigations of other safety events, and is ultimately responsible for the sufficiency and thoroughness of all investigations, whether conducted by the SSOA or RTA. If the SSOA requires an RTA to investigate a safety event, the SSOA must conduct an independent review of the RTAs findings of causation. In any instance in which an RTA is conducting its own internal safety event investigation, the SSOA and the RTA must coordinate their investigations in accordance with the SSO program standard.</text> </paragraph> <paragraph num="(2)"> <text>Within a reasonable time, the SSOA shall issue a written report on its investigation of a safety event or review of an RTA’s safety event investigation in accordance with the reporting requirements established by the SSOA. The report shall describe the investigation activities; identify the factors that caused or contributed to the safety event; and set forth a corrective action plan or plans, as necessary or appropriate. If the SSOA conducts its own investigation, it shall transmit that report to the RTA for review and concurrence. If the RTA does not concur with an SSOA’s report, the SSOA may allow the RTA to submit a written dissent from the report, which may be included in the report, at the discretion of the SSOA. The SSOA shall formally adopt each investigation report.</text> </paragraph> <paragraph num="(3)"> <text>All personnel that conduct investigations on behalf of an SSOA shall be trained to perform their functions in accordance with the Public Transportation Safety Certification Training Program.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Corrective Action Plans.</text> <paragraph num="(1)"> <text>In any instance in which an RTA must develop and carry out a Corrective Action Plan (CAP), the SSOA shall review and approve the CAP before the RTA carries out the plan; however, an exception may be made for immediate or emergency corrective actions that must be taken to ensure immediate safety, provided that the SSOA has been given timely notification, and the SSOA provides subsequent review and approval. A CAP shall describe, specifically, the actions the RTA will take to correct the deficiency and to mitigate the identified risks and hazards to an acceptable level as required by the SSOA Program Standard and the RTA’s Agency Safety Plan, the schedule for taking those actions, and the individuals responsible for taking those actions. The RTA shall periodically report to the SSOA on its progress in carrying out the CAP. The SSOA may monitor the RTA’s progress in carrying out the CAP through unannounced, on-site inspections, or any other means the SSOA deems necessary or appropriate.</text> </paragraph> <paragraph num="(2)"> <text>In any instance in which a safety event on the RTA’s rail fixed guideway public transportation system is the subject of an investigation by the NTSB, the SSOA shall evaluate whether the findings or recommendations by the NTSB require a CAP by the RTA, and if so, the SSOA shall order the RTA to develop and carry out a CAP.</text> </paragraph> </paragraph> <paragraph num="G."> <text>State Safety Oversight Agency annual reporting to FTA.</text> <paragraph num="(1)"> <text>On or before March 15 of each year, the SSOA shall submit the following material to FTA:</text> <paragraph num="(a)"> <text>The SSO program standard adopted in accordance with 49 CFR §674.27, with an indication of any changes to the SSO program standard during the preceding 12 months;</text> </paragraph> <paragraph num="(b)"> <text>Evidence that each of its designated personnel has completed the requirements of the Public Transportation Safety Certification Training Program, or, if in progress, the anticipated completion date of the training;</text> </paragraph> <paragraph num="(c)"> <text>A publicly available report that summarizes its oversight activities for the preceding 12 months, describes the causal factors of safety events identified through investigation, and identifies the status of corrective actions, changes to Public Transportation Agency Safety Plans, and the level of effort by the SSOA in carrying out its oversight activities;</text> </paragraph> <paragraph num="(d)"> <text>Final investigation reports for all safety events meeting one or more of the criteria specified at 49 CFR §674.33;</text> </paragraph> <paragraph num="(e)"> <text>A summary of the triennial audits completed during the preceding 12 months, and the RTAs’ progress in carrying out CAPs arising from triennial audits conducted in accordance with 49 CFR §674.31;</text> </paragraph> <paragraph num="(f)"> <text>Evidence that the SSOA has reviewed and approved any changes to the Public Transportation Agency Safety Plans during the preceding 12 months; and</text> </paragraph> <paragraph num="(g)"> <text>A certification that the SSOA is in compliance with the requirements of 49 CFR §674.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>These materials must be submitted electronically through a reporting system specified by FTA.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 26, 2018 (45:6 Md. R. 321)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)</annotation> </annotations> </chapter> <chapter num="03" heading="Inspections and Audits"> <regulation prefix="Regulation" num=".01" heading="Compliance Inspections and Triennial Safety Audits."> <text>The State Safety Oversight Agency (SSOA) shall conduct compliance inspections and triennial safety audits in accordance with the MDOT Rail Safety Oversight Program Standard and the RTA Agency Safety Plan and in accordance with the requirements of 49 U.S.C. §5329(e). The SSOA is authorized to conduct unannounced inspections and reviews, including as listed in 11.08.02.03.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 26, 2018 (45:6 Md. R. 321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 5, 2026 (52:26 Md. R. 1309)</annotation> </annotations> </chapter> <chapter num="04" heading="Safety Violations"> <regulation prefix="Regulation" num=".01" heading="State Safety Oversight Agency Investigative Authority."> <paragraph num="A."> <text>To carry out this title, the state safety oversight agency (SSOA) may administer an oath, certify an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify and/or produce papers, books, documents, records, and testimony.</text> </paragraph> <paragraph num="B."> <text>If a person fails to comply with a lawfully issued subpoena, on application of the SSOA or designee in a contempt proceeding, a court of competent jurisdiction may compel the person to comply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Event/Threshold."> <paragraph num="A."> <text>The SSOA will investigate and take actions in accordance with COMAR 11.08.02.03 to compel compliance by the RTA with any Corrective Action Plan or order, including those corrective action plans or orders stemming from the investigation of safety events.</text> </paragraph> <paragraph num="B."> <text>Nothing in this regulation shall be deemed to alter the obligation of any individual to comply with any other provisions concerning rail safety.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Authority to Suspend Individuals From Performing Safety-Sensitive Functions."> <text>The SSOA may suspend any individual (including RTA employees or contractors) from performing all safety-sensitive functions or specific safety-sensitive functions at a rail transit agency overseen by the SSOA in the event the SSOA determines that the individual is unfit to safely perform such functions.</text> <paragraph num="A."> <text>Safety-sensitive functions include those functions directly or indirectly affecting the safety of passengers, employees, or other people and property in and around the rail transit system. This may include frontline personnel, supervision, or management. Safety-sensitive functions include work such as operations, central control, maintenance, systems, signals, safety, and emergency response.</text> </paragraph> <paragraph num="B."> <text>The SSOA may determine the length of suspension from performing safety-sensitive functions that is warranted based on the totality of the circumstances, including the specific nature of the event or events, history, and action already taken by the transit agency, its contractors, or the individual. The SSOA may set requirements that must be met prior to returning to a safety-sensitive position.</text> </paragraph> <paragraph num="C."> <text>The SSOA will communicate such a suspension to the RTA and direct the RTA not to utilize the individual in safety-sensitive functions for the specified period. The RTA must communicate this suspension to the individual and to the individual’s supervisor or supervisors. The RTA must confirm that the individual and their supervisor or supervisors received this notification, provide records of this notification, and must ensure that the suspension from performing safety-sensitive functions is implemented.</text> </paragraph> <paragraph num="D."> <text>The SSOA’s action to suspend an individual from performing a safety sensitive function is not a form of discipline, does not affect employment status, and does not replace or otherwise affect the transit agency’s (or its contractor’s) disciplinary processes.</text> </paragraph> <paragraph num="E."> <text>If an individual is not on full duty at the time a suspension is issued, the suspension from performing a safety-sensitive function will commence the first day the employee would otherwise return to full duty. The individual is not permitted to perform any safety sensitive function until the suspension is complete.</text> </paragraph> <paragraph num="F."> <text>Any suspension from safety-sensitive duties by the Maryland SSOA applies at any other Maryland rail transit system overseen by the SSOA.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Reinstatement of Safety-Sensitive Eligibility."> <paragraph num="A."> <text>An individual who has been suspended from performing safety-sensitive functions may be eligible for reinstatement prior to the expiration of the initial period of suspension if:</text> <paragraph num="(1)"> <text>The suspension was for reasons other than noncompliance with the drug and alcohol policy;</text> </paragraph> <paragraph num="(2)"> <text>The individual has been evaluated by a qualified supervisor of the specific safety-sensitive position and determined by the qualified supervisor and RTA management to:</text> <paragraph num="(a)"> <text>Have received and successfully completed adequate remedial training on any specific areas identified by the RTA in relation to the suspension; and</text> </paragraph> <paragraph num="(b)"> <text>Have demonstrated the necessary commitment to safety processes and procedures; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>At least one half of the imposed period of suspension has elapsed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An RTA requesting reinstatement of an individual to perform safety-sensitive functions must do so formally in writing to the MDOT Assistant Secretary for Administration, or designee. This request must include, at minimum, confirmation by a qualified supervisor and RTA management that the individual has met the above requirements, supporting documentation, and a written explanation supporting the request for reinstatement. This may include a written statement by the suspended individual.</text> </paragraph> <paragraph num="C."> <text>The Secretary of Transportation or Secretary’s designee will conduct an evaluation and advise the RTA of the determination within 30 calendar days.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Administrative Hearing."> <paragraph num="A."> <text>A State employee wishing to file an appeal must notify the SSOA within 15 calendar days of receiving the notice of their suspension from performing safety-sensitive functions, to request an administrative hearing. Such a request does not create a stay of the suspension from performing safety-sensitive functions.</text> </paragraph> <paragraph num="B."> <text>When a suspension from performing safety-sensitive functions is contested by a State employee, the SSOA will forward the matter to Maryland Office of Administrative Hearings (OAH) to set for a hearing.</text> </paragraph> <paragraph num="C."> <text>The hearing will be conducted in accordance with Title 28 of the Code of Maryland Regulations (COMAR 28.02.01).</text> </paragraph> <paragraph num="D."> <text>The administrative law judge’s decision is the final order of the Secretary of Transportation or Secretary’s designee.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 26, 2018 (45:6 Md. R. 321)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)</annotation> </annotations> </chapter> </subtitle> <subtitle num="09" heading="" /> <subtitle num="10" heading="" /> <subtitle num="11" heading="Motor Vehicle Administration — Administrative Procedures"> <chapter num="01" heading="Payment by Check"> <regulation prefix="Regulation" num=".01" heading="Payment by Noncertified Check."> <paragraph num="A."> <text>When payment is made to the Motor Vehicle Administration (Administration) by noncertified check, the check shall be imprinted with the name and address of the payor.</text> </paragraph> <paragraph num="B."> <text>In addition, the payor shall provide, on the face of the check, the payor's:</text> <paragraph num="(1)"> <text>Driver's license number; and</text> </paragraph> <paragraph num="(2)"> <text>Home, work, or cellular telephone number.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration may request, if the payor is a company, the payor's federal employer's identification number.</text> </paragraph> <paragraph num="D."> <text>If the payor is writing a check for another person's transaction, the Administration may require additional identification.</text> </paragraph> <paragraph num="E."> <text>The Administration may not accept checks which are not imprinted with the payor's name and address.</text> </paragraph> <paragraph num="F."> <text>If the payor is a company and will not disclose upon request the payor's federal identification number, payment shall be made by some method other than by noncertified check.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Use of the Social Security Number — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Service Charge for Bad Checks."> <text>A service charge as set forth in Transportation Article, §12-116, Annotated Code of Maryland, shall be assessed against a person who tenders a check or electronic check to the Administration in payment of any charge or for any other purpose, and whose check is not honored by the bank on which it is drawn.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Payment of Service Charge After Notice."> <text>Payment to cover the amount of the dishonored check and the amount of the service charge assessed shall be made immediately after the person receives notice from the Administration. Payment shall be made in United States currency, by certified check, or with a major credit card which has been approved for use by the Administration.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Failure to Make Payment After Notification."> <text>The documents, plates, or other property issued to any person failing to make payment after proper notification may be seized and cancelled, as provided in Transportation Article, §12-110, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 22, 1975 (2:23 Md. R. 1413)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)</annotation> </annotations> </chapter> <chapter num="02" heading="Administrative Hearings"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter contains procedures for administrative hearings in contested cases conducted under the Maryland Vehicle Law. These procedures are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and the Maryland Vehicle Law, Transportation Article, §12-201 et seq., Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Administrator” means the Motor Vehicle Administrator.</text> </paragraph> <paragraph num="(4)"> <text>“Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act.</text> </paragraph> <paragraph num="(5)"> <text>“Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case, including an applicant for a license issued under the Maryland Vehicle Law.</text> </paragraph> <paragraph num="(6)"> <text>“Party” includes a licensee, the State, and a secured party under a hearing held pursuant to Transportation Article, Title 13, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notice."> <paragraph num="A."> <text>In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.</text> </paragraph> <paragraph num="B."> <text>The notice shall include:</text> <paragraph num="(1)"> <text>The date, time, and place of the hearing;</text> </paragraph> <paragraph num="(2)"> <text>The legal authority and jurisdiction of the Administration to hear the matter,</text> </paragraph> <paragraph num="(3)"> <text>The specific section of each statute and regulation, including a procedural regulation, that is pertinent;</text> </paragraph> <paragraph num="(4)"> <text>The facts in sufficient detail to enable a party to prepare his case;</text> </paragraph> <paragraph num="(5)"> <text>The nature of the proposed action that the Administration is to consider;</text> </paragraph> <paragraph num="(6)"> <text>The right of a party to the hearing to be represented by counsel; and</text> </paragraph> <paragraph num="(7)"> <text>If a licensee is a party to the hearing, the right of the Administration, on failure of the licensee to appear, to order a suspension of the licensee's license or privilege until the licensee appears for a hearing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §§D and E of this regulation, the notice shall be given at least 10 days before the date of the hearing. A hearing shall be scheduled within 30 days of the date a party requests a hearing. Notice shall be sent to the party as provided in Transportation Article, §12-114, and State Government Article, §10-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>If the Administration has immediately suspended a licensee's driving privilege after determining that there is a likelihood of substantial and immediate danger and harm to the licensee or others, the Administration shall provide a hearing within 7 days of a party's request.</text> </paragraph> <paragraph num="E."> <text>A hearing shall be conducted at the location indicated in the notice, except that if the Administration determines that it is necessary to take testimony from a law enforcement officer, the hearing may be convened or reconvened at the Administration's hearing location most convenient to the assigned duty station of the law enforcement officer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Representation. — Repealed" /> <regulation prefix="Regulation" num=".05" heading="Postponements."> <paragraph num="A."> <text>Postponements may be granted only for good cause by the Administrator, or the Administrator's designee. In addition, in cases in which an administrative law judge is the trier of fact, the chief administrative law judge, the Manager of the Division of Administrative Adjudication, or their appointees may grant a postponement for good cause. However, once an administrative law judge is assigned a case, the administrative law judge may, for good cause, grant a postponement.</text> </paragraph> <paragraph num="B."> <text>Except for good cause, a request for a postponement of a hearing may not be considered unless a written request for it has been received by the Administration not less than 5 days before the scheduled date of the hearing. The written request shall set forth the reasons for the request and shall list at least three dates within the 60-day period following the day of the previously scheduled hearing on which the party and, if applicable, counsel will be available for a hearing.</text> </paragraph> <paragraph num="C."> <text>A postponement request shall constitute a waiver of the licensee's right to a hearing or a decision within the time periods established by law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Request for Subpoenas or Summonses. — Repealed" /> <regulation prefix="Regulation" num=".07" heading="Delegation of Hearing Authority."> <paragraph num="A."> <text>Pursuant to State Government Article, §10-205, and Transportation Article, §12-104, Annotated Code of Maryland, the Administrator delegates authority to hear contested administrative hearings and issue final orders to certain administrative law judges appointed by the Office of Administrative Hearings.</text> </paragraph> <paragraph num="B."> <text>Unless specifically provided elsewhere in Transportation Article, Annotated Code of Maryland, or other Motor Vehicle regulations, administrative hearing procedures shall be in accordance with the procedures in COMAR 28.02.01.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Repealed." /> <regulation prefix="Regulation" num=".10" heading="Evidence."> <paragraph num="A."> <text>Each hearing shall be conducted in accordance with the rules of evidence in State Government Article, §§10-213 and 10-214, and Transportation Article, §12-207, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Notwithstanding the fact that evidence may have been seized or obtained in violation of a licensee's Fourth Amendment constitutional rights, the evidence is admissible unless the:</text> <paragraph num="(1)"> <text>Police officer, in obtaining or seizing the evidence, acted in bad faith and not as a reasonable officer should act in similar circumstances; or</text> </paragraph> <paragraph num="(2)"> <text>Evidence is otherwise inadmissible under this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Ex Parte Communications."> <paragraph num="A."> <text>Except as provided in §B of this regulation, an individual who is not authorized to participate in the decision-making process of a contested case may not communicate ex parte with the Administrator, the administrative law judge, other trier of fact, or any individual who is involved in the decision-making process with regard to any issue of law or fact in the contested case.</text> </paragraph> <paragraph num="B."> <text>The Administrator, administrative law judge, other trier of fact, or any individual who is involved in the decision-making process may communicate with the Administration's staff or with counsel for the Administration as long as those individuals did not participate in the investigation or prosecution of the contested case.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Failure to Appear."> <text>If a licensee who has been given notice of the hearing fails to appear for the hearing, the Administration may:</text> <paragraph num="A."> <text>Suspend the applicable privilege pending the licensee's appearance at a hearing on a date set by the Administration; or</text> </paragraph> <paragraph num="B."> <text>Upon good cause shown to the satisfaction of the Administration as to why the licensee could not appear at the originally scheduled hearing, terminate any suspension imposed under this regulation, and send notice to the licensee of the newly scheduled hearing date.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Cost of Transcript."> <text>Testimony presented at any hearing may be transcribed. However, a party requesting a transcript prepared by the Administration shall pay for its cost. A party requesting a transcript prepared by a private stenographic service shall pay whatever cost is assessed by the private service.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Transcripts on Appeal."> <paragraph num="A."> <text>Subject to the court's assessment of costs at the conclusion of a case, a party filing an appeal from a decision of the Administration shall pay the expense of the transcription of the testimony. However, the Administration shall bear the expense of the transcription if the court in which the appeal was filed has waived prepayment of the filing fees pursuant to Maryland Rule 1-325.</text> </paragraph> <paragraph num="B."> <text>The Administration shall notify the Office of Administrative Hearings to provide the Administration with the audiotape of the testimony at the hearing.</text> </paragraph> <paragraph num="C."> <text>Unless a stenographer designated by the Administration has already recorded this testimony, the Administration shall deliver the audiotape to the private stenographic service designated by the Administration and shall notify the private stenographic service to deliver, to the administrative law judge who presided over the hearing:</text> <paragraph num="(1)"> <text>The original transcript and four copies; and</text> </paragraph> <paragraph num="(2)"> <text>The invoice made payable by the Motor Vehicle Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration, after verifying the accuracy of the transcript through the Office of Administrative Hearings, and after the administrative law judge has made whatever corrections that are considered necessary, shall obtain the original transcript and three copies from the Office of Administrative Hearings.</text> </paragraph> <paragraph num="E."> <text>Unless the appellant is exempt under §A of this regulation, the Administration may not file the original transcript and record with the court until the appellant reimburses the Administration for the cost of:</text> <paragraph num="(1)"> <text>The original transcript; and</text> </paragraph> <paragraph num="(2)"> <text>Certified copies of the exhibits to be filed with the court.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The appellant shall:</text> <paragraph num="(1)"> <text>Comply with the time constraints imposed by Maryland Rule 7-206; and</text> </paragraph> <paragraph num="(2)"> <text>Request from the court any extensions of time for preparing the record and transcript to allow the Administration to file the record and transcript with the court in a timely fashion.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Stay of Enforcement."> <text>A party may request a stay of enforcement of the Administration's decision if an appeal has been filed. A request for a stay shall be in writing and shall include a photocopy of the order for appeal filed with the circuit court. Except for hearings conducted pursuant to Transportation Article, §16-205.1, Annotated Code of Maryland, the Administration shall grant a stay of the Administration's decision or order for not more than 120 days, unless it appears to the Administration that substantial and immediate harm could result to the licensee or others if the license or privilege is continued pending appeal.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 23, 1981 (8:2 Md. R. 113)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)</annotation> </annotations> </chapter> <chapter num="03" heading="Summary Suspensions for Alcohol and Drug-Related Offenses"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter contains administrative procedures governing suspensions of driver's licenses for licensees who have refused a properly requested test or who have submitted to a test which showed a 0.08 or more alcohol concentration, under Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>This chapter includes procedures for administrative hearings in contested cases under the Maryland Vehicle Law, which are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., and Transportation Article, §12-201 et seq., Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>This chapter is meant to be read in conjunction with COMAR 11.11.02.</text> </paragraph> <paragraph num="D."> <text>To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration and includes the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(2)"> <text>“Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Alcohol incident” includes:</text> <paragraph num="(a)"> <text>A conviction or probation before judgment for a violation of Transportation Article, §21-902(a), (b), (c), or (d), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>An offense committed under Transportation Article, §16-205.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>A conviction of Criminal Law Article, Title 2, Subtitle 5, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>A conviction or offense committed in another jurisdiction which is substantially similar to those offenses referred to in §B(3)(a), (b), or (c); or</text> </paragraph> <paragraph num="(e)"> <text>A violation of an alcohol restriction.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Director” means the Director of the Administrative Adjudication Division, Motor Vehicle Administration, or the Director's designee.</text> </paragraph> <paragraph num="(5)"> <text>“License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case.</text> </paragraph> <paragraph num="(7)"> <text>“MVA branch office” means a facility of the Motor Vehicle Administration which provides licensing and titling services. It does not include limited service facilities known as MVA express offices.</text> </paragraph> <paragraph num="(8)"> <text>“Program” means the Ignition Interlock System Program established under Transportation Article, §16-404.1, Annotated Code of Maryland, and approved by the Administration.</text> </paragraph> <paragraph num="(9)"> <text>“Test” means either one or both of the following:</text> <paragraph num="(a)"> <text>A test of a person's breath or of one specimen of a person's blood to determine alcohol concentration;</text> </paragraph> <paragraph num="(b)"> <text>A test or tests of one specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Hearing."> <paragraph num="A."> <text>At the time of, or within 30 days from the date of, the issuance of an order of suspension served by a police officer pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, the person may submit a written request for a hearing to be held before an administrative law judge.</text> </paragraph> <paragraph num="B."> <text>Hearing requests shall be made in writing and include the person's:</text> <paragraph num="(1)"> <text>Name;</text> </paragraph> <paragraph num="(2)"> <text>Address;</text> </paragraph> <paragraph num="(3)"> <text>Driver's license number; and</text> </paragraph> <paragraph num="(4)"> <text>Date of birth.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A hearing request shall be accompanied by the filing fee required by the Office of Administrative Hearings under COMAR 28.03.01.03. The hearing request may be denied if not accompanied by the required filing fee.</text> </paragraph> <paragraph num="D."> <text>A written request for a hearing which is mailed shall be addressed to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301, and shall be considered to have been made on the date of the U.S. Postal Service postmark.</text> </paragraph> <paragraph num="E."> <text>A written hearing request may be personally delivered to:</text> <paragraph num="(1)"> <text>The police officer at the time of the issuance of the order of suspension;</text> </paragraph> <paragraph num="(2)"> <text>The Administrative Adjudication Division, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062, during regular office hours; or</text> </paragraph> <paragraph num="(3)"> <text>The chief clerk or deputy clerks of the Office of Administrative Hearings during regular business hours.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Administration shall deny a hearing if the person did not:</text> <paragraph num="(1)"> <text>Surrender the driver's license to the police officer or the Administration and refused to sign a certification that the license was not in that person's possession to be surrendered to the police officer and that, upon possession, it will be forwarded to the Administration; or</text> </paragraph> <paragraph num="(2)"> <text>Submit a timely request for a hearing within 30 days of the issuance of the order of suspension.</text> </paragraph> </paragraph> <paragraph num="G."> <text>If the hearing request is not made within 30 days of the issuance of the order of suspension, the Administration may grant a hearing if the person was incapacitated to an extent rendering the person incapable of making a timely request.</text> </paragraph> <paragraph num="H."> <text>The Administration may grant a hearing if the person who is the subject of the hearing requests a waiver of fees in accordance with State Government Article, §9-1604(b)(2), Annotated Code of Maryland, and COMAR 28.03.01.06, within 30 days of the issuance of the order of suspension and the request for waiver is granted.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Stay of Suspension."> <paragraph num="A."> <text>A stay of an order of suspension issued under Transportation Article, §16-205.1, Annotated Code of Maryland, shall be granted by the Administration in the following circumstances:</text> <paragraph num="(1)"> <text>The person can show a compelling reason for being unable to appear at the scheduled hearing;</text> </paragraph> <paragraph num="(2)"> <text>The Administration cannot provide a hearing within the time period required by Transportation Article, §16-205.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>The person and the Administration agree to a postponement; or</text> </paragraph> <paragraph num="(4)"> <text>The person is otherwise entitled to a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii) or §16-205.1(f)(6)(iii), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall be deemed to have agreed to a postponement of a hearing under the following circumstances:</text> <paragraph num="(1)"> <text>The person can show a compelling reason for that person's inability to appear on the scheduled hearing date;</text> </paragraph> <paragraph num="(2)"> <text>The person's attorney presents evidence of a conflict in the attorney's schedule and otherwise conforms with the requirements for postponement requests contained in Regulation .06; or</text> </paragraph> <paragraph num="(3)"> <text>The person can establish to the satisfaction of the Administration that the person did not receive actual notice of the hearing as a result of an error on the part of the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The following circumstances constitute reasons deemed compelling for purposes of the Administration staying an order of suspension after a person fails to appear at a scheduled hearing or requests a postponement:</text> <paragraph num="(1)"> <text>The person is in the military and is not stationed or on leave in Maryland on the date of the scheduled hearing;</text> </paragraph> <paragraph num="(2)"> <text>The person is incarcerated;</text> </paragraph> <paragraph num="(3)"> <text>There has been, within the past 5 days, a death or illness in the immediate family of the person or the person's attorney; or</text> </paragraph> <paragraph num="(4)"> <text>The person or the person's attorney can present satisfactory evidence that the person or the person's attorney was suffering from an incapacitating illness or was injured to the extent that it was impossible to appear for the scheduled hearing.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Except as provided in §A, if a hearing request is not made at the time of, or within 10 days from the date of, the issuance of the order of suspension, but within 30 days of the issuance of the order of suspension, the Administration may not stay the order of suspension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Location of Hearings."> <text>The Administration shall determine the location of the hearing. If a postponement or continuance is necessary for any reason, the Administration may change the location of the hearing.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Postponements."> <paragraph num="A."> <text>A postponement may not result in a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii)(1) and (f)(6)(iii)(1), unless the Administration has agreed to a postponement pursuant to Regulation .04B and C.</text> </paragraph> <paragraph num="B."> <text>For any satisfactory reason other than those designated in Regulation .04B and C, the Administration may grant a postponement if the licensee complies with COMAR 11.11.02.05, but the postponement does not result in a stay of the suspension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Request for Subpoenas."> <paragraph num="A."> <text>A request for the issuance of a subpoena to require the attendance of witnesses or the production of documents shall be in writing and shall contain:</text> <paragraph num="(1)"> <text>The name and complete mailing address of the licensee;</text> </paragraph> <paragraph num="(2)"> <text>The driver's license number of the licensee;</text> </paragraph> <paragraph num="(3)"> <text>The date of the scheduled hearing, if known;</text> </paragraph> <paragraph num="(4)"> <text>The name, address, and telephone number of the attorney, if applicable;</text> </paragraph> <paragraph num="(5)"> <text>A proffer of the expected testimony or evidence and its relevance to the proceeding; and</text> </paragraph> <paragraph num="(6)"> <text>The name and address of the requested witness.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The decision to issue a subpoena shall be in the discretion of the Administration.</text> </paragraph> <paragraph num="C."> <text>A request may be refused if the testimony or evidence to be offered:</text> <paragraph num="(1)"> <text>Is immaterial, irrelevant, or unduly repetitious; or</text> </paragraph> <paragraph num="(2)"> <text>Does not pertain to a genuine issue in the contested case.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a subpoena request is made, the Administration may defer the decision on the request until the hearing is held. The administrative law judge may take testimony and receive evidence to determine if the request may be granted pursuant to §C of this regulation. The administrative law judge may entertain a proffer from the licensee or the licensee's attorney as to the nature of the witness' testimony. If the administrative law judge decides to issue a subpoena for a witness, the administrative law judge shall continue the hearing and stay the suspension. The Administration may reschedule the hearing at a location most convenient for the witness.</text> </paragraph> <paragraph num="E."> <text>A party, other than the Administration, requesting the issuance of a subpoena, shall pay the Administration a fee of $4 for each subpoena issued.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Hearing."> <paragraph num="A."> <text>Scheduling.</text> <paragraph num="(1)"> <text>A hearing shall be provided by the Administration within the time periods required in Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has not begun by the time the hearing is provided, or the Administration stays the suspension under Regulation .04A(2), the Administration or administrative law judge may not dismiss the case.</text> </paragraph> <paragraph num="(3)"> <text>If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has begun as a result of the Administration's delay or oversight, the case shall be dismissed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Evidence.</text> <paragraph num="(1)"> <text>Each hearing shall be conducted in accordance with State Government Article, §§10-201—10-214, and Transportation Article, §§12-201—12-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Certified copies of medical records of a medical laboratory containing results of a blood test for the alcohol concentration of the licensee shall be admitted at the hearing without the necessity of the personal appearance by the custodian of the records or any other employee of the facility which administered the test.</text> </paragraph> <paragraph num="(3)"> <text>The administrative law judge, on the administrative law judge's own motion or upon request of a party, may allow the testimony of any nonparty witness to be taken by telephone with the consent of all parties. When testimony is taken by telephone, the administrative law judge shall employ appropriate techniques to ensure that the testimony is fully audible to all parties present at the hearing and the testimony is made a part of the hearing record. The parties shall be allowed to fully cross-examine any witness whose testimony is taken using this procedure.</text> </paragraph> <paragraph num="(4)"> <text>If the administrative law judge determines that the testimony of a witness adverse to the licensee may materially assist with making an informed decision on a genuine issue of fact in the case, the administrative law judge may either take the testimony of that adverse witness pursuant to §B(3) or may require the attendance at the hearing of that adverse witness.</text> </paragraph> <paragraph num="(5)"> <text>For the purpose of determining the accuracy of the test result indicating the alcohol concentration of the licensee, the breath testing instrument shall conform to the requirements set forth in COMAR 10.35.02.08.B(2).</text> </paragraph> <paragraph num="(6)"> <text>There shall be a rebuttable presumption that the test result of a test of blood or breath indicating the alcohol concentration of the licensee is accurate.</text> </paragraph> <paragraph num="(7)"> <text>The reliability of breath testing instruments approved in §B(5) of this regulation and the presumption established in §B(6) of this regulation may not preclude a licensee from demonstrating that the specific breath testing instrument used to test the alcohol concentration of the licensee was malfunctioning at the time of testing, or that human error caused the test result to be inaccurate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Record of Hearing. The administrative law judge shall maintain a record of the hearing which shall include all physical evidence submitted by the parties and the mechanical recording of the oral proceedings before the administrative law judge.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Hearing Dispositions."> <paragraph num="A."> <text>This regulation governs the dispositions of a hearing for licensees who refused a test or who submitted to a test that showed an alcohol concentration of 0.08 or more, under Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>In this regulation, “offense” means a violation of Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(o), Annotated Code of Maryland, if:</text> <paragraph num="(1)"> <text>The licensee did not refuse to take a test or did not have a test result indicating an alcohol concentration of 0.15 or more and did not elect to participate in the Ignition Interlock System Program; and</text> </paragraph> <paragraph num="(2)"> <text>The licensee:</text> <paragraph num="(a)"> <text>Is required to drive a motor vehicle in the course of employment as evidenced by a letter from the employer on the employer's letterhead, or other reliable documentation;</text> </paragraph> <paragraph num="(b)"> <text>Is required to drive a motor vehicle in order to attend an alcoholic prevention or treatment program as evidenced by satisfactory documentation from program officials;</text> </paragraph> <paragraph num="(c)"> <text>Has no alternative means of transportation available to or from the licensee's place of employment and, without the license, the licensee's ability to earn a living would be severely impaired; or</text> </paragraph> <paragraph num="(d)"> <text>Has no alternative means of transportation available to the licensee or the licensee's immediate family members to obtain health care treatment, including a prescription that is necessary for the licensee or the licensee's immediate family.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(p), Annotated Code of Maryland, if the licensee refused to take a test or took a test that indicated an alcohol concentration of 0.15 or more only if the licensee agrees to participate in the Program for 1 year.</text> </paragraph> <paragraph num="E."> <text>In determining whether a suspension should be modified, the administrative law judge shall consider the need to promote public safety and shall weigh the following factors:</text> <paragraph num="(1)"> <text>The licensee's driving history, particularly any alcohol incidents; and</text> </paragraph> <paragraph num="(2)"> <text>The nature of the offense in question, including, but not limited to, the alcohol concentration level and whether personal injury or property damage occurred.</text> </paragraph> </paragraph> <paragraph num="F."> <text>In determining whether to issue a restrictive license, the licensee shall prove that there is a need for a restrictive license by submission of appropriate documentation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09-1" heading="Hearing on Violation of the Ignition Interlock Program."> <paragraph num="A."> <text>An individual who elects to participate or who is ordered to participate in the Program under Transportation Article, §16-205.1, Annotated Code of Maryland, shall comply with all the requirements of the Program under COMAR 11.11.13.</text> </paragraph> <paragraph num="B."> <text>If the licensee becomes a participant, but is removed from the Program for one or more violations as set forth in COMAR 11.11.13.04 and .05, the Administration shall notify the licensee that:</text> <paragraph num="(1)"> <text>The licensee's driver's license is immediately suspended;</text> </paragraph> <paragraph num="(2)"> <text>The licensee may request a hearing on the suspension; and</text> </paragraph> <paragraph num="(3)"> <text>The licensee’s driver’s license suspension will be held in abeyance pending the outcome of the hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Effective Date of Suspensions."> <paragraph num="A."> <text>If the hearing is not requested in writing within the 10 days, or if the person fails to appear at a requested hearing, the suspension will take effect on the 46th day after the issuance of the order of suspension.</text> </paragraph> <paragraph num="B."> <text>If a hearing is conducted, and the administrative law judge decides a suspension is warranted, the suspension shall take effect immediately upon the administrative law judge's decision to suspend the license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Term of Suspension."> <paragraph num="A."> <text>Test Refusals.</text> <paragraph num="(1)"> <text>In the case of a test refusal, the Administration shall suspend the license:</text> <paragraph num="(a)"> <text>270 days from a person's first offense; and</text> </paragraph> <paragraph num="(b)"> <text>2 years for a person's second or subsequent offense.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Test refusal offenses occurring before and after January 1, 1990, shall be considered in determining the term of suspension to be imposed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Test Results.</text> <paragraph num="(1)"> <text>In the case of a test result indicating an alcohol concentration of 0.08 or more, but less than 0.15 at the time of testing, the Administration shall suspend the license for 180 days for a person's first or subsequent offense.</text> </paragraph> <paragraph num="(2)"> <text>For the purpose of this section, a prior offense is any test result on or after:</text> <paragraph num="(a)"> <text>January 1, 1990, indicating an alcohol concentration of 0.08 or more; or</text> </paragraph> <paragraph num="(b)"> <text>January 1, 2007, indicating an alcohol concentration of 0.15 or more.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Test Results Indicating an Alcohol Concentration of 0.15 or More.</text> <paragraph num="(1)"> <text>In the case of a test result indicating an alcohol concentration of 0.15 or more, the Administration shall suspend the license:</text> <paragraph num="(a)"> <text>180 days for a person's first offense; and</text> </paragraph> <paragraph num="(b)"> <text>270 days for a person's second or subsequent offense.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For the purpose of this section, a prior offense is any test result on or after January 1, 2007, indicating an alcohol concentration of 0.15 or more.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Stay of Enforcement."> <paragraph num="A."> <text>A licensee may request a stay of enforcement of the administrative law judge's decision pending judicial review under Transportation Article, §16-205.1(n), Annotated Code of Maryland. A request for a stay does not extend the time for filing an appeal.</text> </paragraph> <paragraph num="B."> <text>A request for a stay shall be submitted to the Director in writing and shall include a:</text> <paragraph num="(1)"> <text>Photocopy of the order for appeal filed with the circuit court; and</text> </paragraph> <paragraph num="(2)"> <text>Detailed statement of the reasons a stay is sought.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, a suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, may not be stayed by the Administration pending an appeal.</text> </paragraph> <paragraph num="D."> <text>If a person files an appeal and requests in writing a stay of suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, the Director of the Division of Administrative Adjudication of the Administration may stay a suspension if the person:</text> <paragraph num="(1)"> <text>Has appeared before an administrative law judge to contest the suspension of the person's license;</text> </paragraph> <paragraph num="(2)"> <text>Has no other alcohol incidents within the past 5 years;</text> </paragraph> <paragraph num="(3)"> <text>Can demonstrate irreparable injury without the issuance of a stay; and</text> </paragraph> <paragraph num="(4)"> <text>Can demonstrate that the issuance of a stay is not contrary to public safety.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="When Police Officers May Not Issue Temporary Licenses."> <paragraph num="A."> <text>Pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, a police officer shall, among other duties, serve an order of suspension on the driver, confiscate the driver's license, and issue a temporary license permitting a person to drive if the person refuses to take a test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing.</text> </paragraph> <paragraph num="B."> <text>A police officer may not issue a temporary license to drive if the:</text> <paragraph num="(1)"> <text>Person's license to drive in Maryland is suspended, revoked, cancelled, refused, or disqualified at the time the order of suspension is served;</text> </paragraph> <paragraph num="(2)"> <text>License that was confiscated was invalid;</text> </paragraph> <paragraph num="(3)"> <text>Person was not entitled to driving privileges for any other reason;</text> </paragraph> <paragraph num="(4)"> <text>Person holds a license issued by another State; or</text> </paragraph> <paragraph num="(5)"> <text>Person is not in possession of the license and the person refuses to sign a certification stating that:</text> <paragraph num="(a)"> <text>The license is not in the person's possession, and</text> </paragraph> <paragraph num="(b)"> <text>Upon repossession the person will immediately surrender it to the Administration.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)</annotation> </annotations> </chapter> <chapter num="04" heading="Interpreters for the Deaf and Hard of Hearing"> <regulation prefix="Regulation" num=".01" heading="Scope and Application."> <text>These regulations are intended to clarify the Administration's policy regarding the furnishing and use of an interpreter pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>The following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Deaf and hard of hearing” means an individual who has partial or complete loss of hearing and cannot readily understand or communicate the spoken English language.</text> </paragraph> <paragraph num="(3)"> <text>“Interpreter” means an individual qualified for manual communication or oral interpretation to assist the deaf and hard of hearing.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <text>Subject to the provisions of Regulation .05 of this chapter, the Administration shall furnish an interpreter to assist each deaf and hard of hearing individual for the following:</text> <paragraph num="A."> <text>Medical Advisory Board interviews;</text> </paragraph> <paragraph num="B."> <text>Driver licensing knowledge tests; and</text> </paragraph> <paragraph num="C."> <text>Driver skills tests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Notification."> <text>The Administration shall notify each deaf and hard of hearing individual appearing for an action, described in Regulation .03 of this chapter, that the:</text> <paragraph num="A."> <text>Individual is entitled to an interpreter; and</text> </paragraph> <paragraph num="B."> <text>Fee charged by the interpreter will be paid by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice."> <paragraph num="A."> <text>An individual entitled to the services of an interpreter shall notify the Administration of this need at least 5 working days before the interview or test so that the Administration may make the necessary arrangements.</text> </paragraph> <paragraph num="B."> <text>The Administration shall select a qualified interpreter to assist the individual entitled to the services of an interpreter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Qualified Interpreter."> <text>To identify a qualified interpreter, the Administration may use a directory of interpreters which is maintained by the courts of this State or select from an agency approved by the Administration to assist the deaf and hard of hearing.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Exceptions."> <paragraph num="A."> <text>If an individual does not provide the Administration the notice required by Regulation .05 and the individual, at no fee to the Administration, provides an interpreter of the individual's choice, the Administration may allow the interpreter to assist the individual subject to the Administration's right to monitor the accuracy of the communication.</text> </paragraph> <paragraph num="B."> <text>If the Administration schedules the services of an interpreter and the deaf or hard of hearing individual fails to notify the Administration at least 2 hours before the appointment to cancel the interpreter, the Administration may seek reimbursement for the cost of the interpreter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 25, 1989 (16:25 Md. R. 2713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)</annotation> </annotations> </chapter> <chapter num="05" heading="Motor Vehicle Fees"> <regulation prefix="Regulation" num=".01" heading="Fees."> <text>The Motor Vehicle Administration shall assess the fees listed in Regulations .02—.06 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Vehicle Titling Fees."> <text>Service Section Fee A. Title certificate—duplicate 13-805 $40 B. Title certificate—corrected 13-118 80 C. Salvage certificate 13-506 and 13-507 40 D. Salvage certificate—duplicate 13-506 and 13-507 40 E. Inspection fee. Paid by an owner of a vehicle for which a salvage certificate has been issued who is applying for a certificate of title for the vehicle 13-507 75 F. Security interest filing 13-202 40 G. Security interest filing—duplicate 13-953 40 H. Title Transfer—additional service fee 13-112 25</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Driver's License and Identification Card Fees."> <text>Service Section Fee A. Learner's Instructional Permit (Type 1Initial Noncommercial License). This fee includes issuance of an initial driver's license if the applicant meets all requirements before permit expiration, and includes the $5 fee for the conversion of provisional license to driver's license. 16-111.1, 16-111.2, and 16-122 $65 B. Learner's Instructional Permit (Type 2Subsequent Noncommercial License). This fee applies to learner's permits issued for purposes other than that of the initial license, and includes issuance of the license if the applicant meets all requirements before permit expiration. 16-111.1, 16-111.2, and 16-122 45 C. Noncommercial Driver's License: (1) New issuance 16-111.1 and 16-122 11 per year (2) Duplicate or corrected 16-111.1 and 16-122 30 (3) Renewal 16-111.1 and 16-122 8 per year D. Moped Operator's License: (1) New issuance 16-104.2 and 16-122 30 (2) Duplicate or corrected 16-104.2 and 16-122 30 (3) Renewal 16-104.2 and 16-122 25 E. Commercial Driver's License: (1) Instructional Permit. Includes issuance of license if issued before permit expiration. 16-818 66 (2) New Issuance. If a learner's instructional permit is not required. 16-818 8 per year (3) Skills test 16-818 40 (4) Skills retest 16-818 20 (5) Renewal or conversion 16-818 8 per year (6) Duplicate or corrected 16-818 30 F. Driver's license or privilege to drive—application for reinstatement: (1) Not drug or alcohol related 16-209 90 (2) Drug or alcohol related 16-209 150 G. Ignition Interlock Participation Fee. 16-404.1 47 H. Identification Card: (1) New issuance or renewal 12-301 and 16-122 5 per year (2) Duplicate or corrected 12-301 and 16-122 30 (3) Issued to an incarcerated individual within 60 days of release from the Department of Public Safety and Correctional Services or Federal Bureau of Prisons. 12-301 1 (4) New or corrected issued to youths approved by the Department of Juvenile Services. 12-301 1 (5) New or corrected issued to youths 15 to 20 years of age approved by the Department of Human Services for participation in certain programs. 12-301 1 (6) New or corrected issued to a homeless individual presenting documentation in accordance with COMAR 11.17.21.05A(5). 12-301 1 I. The fee for a driver's license or identification card issued for a period of time other than 5 years may be prorated on a 1-year basis.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Vehicle Registration Fees."> <text>Service Section Fee A. Special Registration Fees. (1) Special registration plates without emblem or logo. Fee paid on issuance of new or replacement plates. 13-619 and 13-952(b) 20 (2) Special registration plates with emblem or logo. Fee paid on issuance of new or replacement plates. 13-619, 13-619.1, and 13-952(b) 30 (3) Chesapeake Bay registration plates. (a) Fee paid on issuance of new plates. 13-618 25 (b) Annual fee in addition to the annual registration fee required. 13-618 12.50 (4) Special registration plates honoring State Agriculture. (a) Fee paid on issuance of new plates. 13-619.2 25 (b) Annual fee in addition to the annual registration fee required. 13-619.2 12.50 (5) Vintage Registration Plates. (a) Fee paid on issuance of new plates. 13-619.3 80 (b) Annual fee in addition to the annual registration fee required. 13-619.3 10 B. Replacement of registration plates, validation tabs, and registration card. 13-952 40 C. Replacement of registration card of unaffixed validation tabs, or both. 13-950 and 13-951 5 D. Issuance of duplicate or additional registration card. 13-950 5 E. Transfer of registration plates. 13-502.1 15 F. Penalty fee—registration flag or suspension removal. 13-406.1, 26-305, and 27-110 30 G. Unused Registration Plates. This fee applies to the processing of a registration refund. 13-938 0 H. Interchangeable Registrations. (1) New and used vehicle dealer (class 1A plates) 13-940 50 (2) Motorcycle dealer (class 1B) plates 13-941 25 (3) Trailer dealer (class 1C) plates 13-942 32.50 (4) Automotive dismantler, recycler, and scrap processor (class 2) plates 13-943 62.50 (5) Financial institution (class 3) plates 13-944 50 (6) Special mobile equipment (class 4) plates 13-945 62.50 (7) Transporter (class 5) plates 13-946 62.50 I. Temporary Registrations. (1) Temporary registration 13-405 50 (2) Dealer 60-day temporary plate 13-601 50 (3) Nonresident permit for vehicles not subject to registration 13-402.1 27 (4) Nonresident farm vehicle temporary registration plate: 13-935 (a) 30-day temporary plate 20 (b) 60-day temporary plate 40 (c) 90-day temporary plate 60 J. International Registration Plan (IRP) Fees. (1) New cab card (IRP) 12-406 5 (2) Duplicate cab card (IRP) 12-406 5 (3) Registration transfer (IRP) 12-406 5 (4) Temporary IRP authorization certificate 12-406 2 (5) Hunter's permit (IRP) 12-406 10 (6) Trip permit 12-406 15 (7) Nontitled in Maryland IRP registration fee 12-406 12 K. Temporary In-Transit Registration. 13-405.1 20 L. Electronic or Digital 24-Hour Registration. 13-405.2 20 M. High Occupancy Vehicle (HOV) sticker 25 — 108 5</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Regulatory Business License Fees."> <text>Service Section Fee A. New car dealer. 15-307 $300 B. Used car dealer. 15-307 300 C. Motorcycle dealer. 15-307 200 D. Trailer dealer. 15-307 200 E. Trailer dealer—trailers less than 15 feet in length or boat trailers. 15-307 100 F. Automotive dismantler and recycler. 15-505 250 G. Scrap processor. 15-505 250 H. Factory branch. 15-204 1,000 I. Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows: 15-204 (1) 1—50 vehicles 100 (2) 51—500 300 (3) 501—10,000 500 (4) Over 10,000 vehicles 1,000 J. Wholesale dealer. 15-307 350 K. Vehicle salesperson. 15-406 75 L. Title service agent. 15-603 75 M. Drivers' school license application fee. 15-703 200 N. Drivers' school or branch license (includes 2-year renewal). 15-704 150 O. Driving instructor's license (2-year renewal). 15-805 150 P. Apprentice instructor's permit. 15-805 25 Q. Conversion of an apprentice instructor's permit to an instructor's license. 15-805 25 R. Duplicate/corrected license issued under Title 15. 15-107 20 S. Vehicle inspection station license fees as follows: 23-103 (1) Initial issuance of license 100 (2) Renewal 50 T. Application Fee: (1) Point system conferences 16-212 300 (2) Driver improvement programs 16-212 300 (3) 3-hour alcohol and drug education programs 16-212 200</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Miscellaneous Fees."> <text>Service Section Fee A. Vehicle emissions inspection fee. Every other year. 23-205 $30 B. Vehicle emissions reinspection fee. After initial free inspection. 23-207 $30 C. Vehicle emissions inspection advanced testing fee. Every other year. 23-207 $26 D. Vehicle emissions inspection late fee. Per month or part of it. 23-207 $30 E. Vehicle emissions inspection fleet test fee, per vehicle passed. 23-207 $30 F. Driver improvement program fee. 16-212 $60 G. Driver improvement program rescheduling fee. 16-212 $25 H. Alcohol education program fee. 16-212 $100 I. Alcohol education program rescheduling fee. 16-212 $25 J. Shuttle permit - Annual fee. 13-626 $25 K. Motorcycle Safety Training Course. 16-603 (1) Maryland residents—beginners and in-traffic courses $175 (2) Nonresidents - beginners and in-traffic courses $225 (3) Maryland residents—experienced rider course $100 (4) Nonresidents—experienced rider course $125 L. Self-insurance actuarial audit fee. 17-103 $750 M. Copies of driver or vehicle records as follows: 12-113 (1) Certified $15 (2) Noncertified $12 N. Sales of Records. 12-112 (1) Subscriptions: (a) Vehicle safety recall database $125,000 per month (b) Depersonalized sales data – No Personally Identifiable Information $10,000 per month (c) Vehicle Emission Inspection Program test data– No Personally Identifiable Information $5,000 per month (d) Under 21 household insurance file $15,000 per month (2) Except as provided in subsection (1) of this section, sales of partial records $0.50 per record O. Restoration of repossessed documents or plates. 12-110 $25 P. Nonresident Service of Process CJ, 6-313 $61</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Preemption."> <text>If the fees established by this chapter conflict with any other provision of COMAR Title 11, Subtitles 11—22, the fees in this chapter prevail.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),</annotation> <annotation type="History" subtype="Administrative History">Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)</annotation> </annotations> </chapter> <chapter num="06" heading="Determination of Residency or Domicile"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of these regulations is to clarify the Administration's policies in determining if an individual is a resident of the State or domiciled in the State for purposes of enforcing the laws governing the registration of vehicles and the licensing of drivers.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Resident."> <paragraph num="A."> <text>An individual who owns, leases, or rents a primary place of residence in this State is a resident if the individual is domiciled in:</text> <paragraph num="(1)"> <text>This State; or</text> </paragraph> <paragraph num="(2)"> <text>Another state but lives in a primary place of residence in this State for more than 1 year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual is presumed to be domiciled in this State under §A(1) of this regulation if the individual:</text> <paragraph num="(1)"> <text>Owns, leases, or rents a primary place of residence in Maryland for more than 6 months;</text> </paragraph> <paragraph num="(2)"> <text>Has no other residence in any other state or country; and</text> </paragraph> <paragraph num="(3)"> <text>Is not:</text> <paragraph num="(a)"> <text>A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia,</text> </paragraph> <paragraph num="(b)"> <text>Serving a medical internship in this State,</text> </paragraph> <paragraph num="(c)"> <text>A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia,</text> </paragraph> <paragraph num="(d)"> <text>Temporarily employed in Maryland for a period not to exceed 1 year, or</text> </paragraph> <paragraph num="(e)"> <text>A visitor or vacationer temporarily maintaining or occupying a residence in this State for a period not to exceed 1 year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>An individual domiciled in another state is a resident of Maryland if the individual:</text> <paragraph num="(1)"> <text>Owns, leases, or rents a primary place of residence in Maryland for more than 1 year; and</text> </paragraph> <paragraph num="(2)"> <text>Is not:</text> <paragraph num="(a)"> <text>A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia,</text> </paragraph> <paragraph num="(b)"> <text>Serving a medical internship in this State, or</text> </paragraph> <paragraph num="(c)"> <text>A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The presumption established in §B of this regulation is:</text> <paragraph num="(1)"> <text>Intended to clarify the Administration's policy on the determination of an individual's domicile for purposes of enforcing the laws governing vehicle registration and driver licensing; and</text> </paragraph> <paragraph num="(2)"> <text>Not intended to be binding on a court of law, unless otherwise required by statute or common law.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-149 and 12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 11, 1993 (20:20 Md. R. 1573)</annotation> </annotations> </chapter> <chapter num="07" heading="Gratis and Complimentary Records" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 27, 1995 (22:4 Md. R. 236)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective September 20, 2010 (37:19 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective September 20, 2010 (37:19 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed effective October 15, 2012 (39:20 Md. R. 1307)</annotation> </annotations> </chapter> <chapter num="08" heading="Driver's License Suspension and Restrictions for Child Support Noncompliance"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter contains procedures governing driver's license and driving privilege suspensions and restrictions imposed for child support noncompliance, pursuant to Transportation Article, §16-203, and Family Law Article, §10-119, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“CSEA” means the Child Support Enforcement Administration of the Department of Human Services.</text> </paragraph> <paragraph num="(3)"> <text>"Gainfully employed' means:</text> <paragraph num="(a)"> <text>To have employment with private industry or a government agency, or to be self-employed;</text> </paragraph> <paragraph num="(b)"> <text>If not self-employed to have to complete an Employee Withholding Allowance Certificate (Form W-4, Internal Revenue Service); and</text> </paragraph> <paragraph num="(c)"> <text>To file State and federal income tax returns.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Work-restricted license” means a driver's license issued for the purpose of driving:</text> <paragraph num="(a)"> <text>Directly to and from a scheduled work shift at the individual's place of employment;</text> </paragraph> <paragraph num="(b)"> <text>During scheduled work shifts in the course of employment; or</text> </paragraph> <paragraph num="(c)"> <text>When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Work-restricted privilege” means the privilege to operate a motor vehicle in the State for the purpose of driving:</text> <paragraph num="(a)"> <text>Directly to and from a scheduled work shift at the individual's place of employment;</text> </paragraph> <paragraph num="(b)"> <text>During scheduled work shifts in the course of employment; or</text> </paragraph> <paragraph num="(c)"> <text>When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notice of Suspension."> <text>A notice of a proposed suspension by the Administration of an individual's driver's license or driving privilege for child support noncompliance shall:</text> <paragraph num="A."> <text>Be in writing;</text> </paragraph> <paragraph num="B."> <text>Be personally served on the individual or sent by U.S. mail to the individual at the address of the individual on record with the Administration;</text> </paragraph> <paragraph num="C."> <text>State the duration of the suspension; and</text> </paragraph> <paragraph num="D."> <text>Advise the individual:</text> <paragraph num="(1)"> <text>Of the right, within 10 business days of the notice date, to file a written request for a hearing before the Administration, and</text> </paragraph> <paragraph num="(2)"> <text>That any hearing shall be limited to the issue of mistaken identity.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Work-Restricted License or Privilege."> <paragraph num="A."> <text>A work-restricted driver's license may be issued or work-restricted privilege authorized by the Administration if the individual certifies that the individual understands the restriction conditions set forth in §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>Conditions of Work-Restricted License or Privilege.</text> <paragraph num="(1)"> <text>Individuals shall be gainfully employed.</text> </paragraph> <paragraph num="(2)"> <text>Individuals shall operate a motor vehicle only for the purposes described in Regulation .02B(4) or (5) of this chapter, and may not operate a motor vehicle for any other purpose.</text> </paragraph> <paragraph num="(3)"> <text>A work-restricted license or privilege shall be valid only when no other suspensions, cancellations, revocations, refusals, or disqualifications exist against the individual's driver's license.</text> </paragraph> <paragraph num="(4)"> <text>A work-restricted license issued under this chapter shall be cancelled by the Administration if:</text> <paragraph num="(a)"> <text>The Administration receives notice from CSEA to remove the work restriction; or</text> </paragraph> <paragraph num="(b)"> <text>The driver's license of the individual is suspended, cancelled, revoked, or refused, or the individual is disqualified.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 24, 1997 (24:4 Md. R. 292)</annotation> </annotations> </chapter> <chapter num="09" heading="Access to Public Motor Vehicle Administration Records"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <text>The purpose of this chapter is to comply with the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and with the federal Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) in order to:</text> <paragraph num="A."> <text>Maintain the confidentiality of motor vehicle drivers' records including personal information; and</text> </paragraph> <paragraph num="B."> <text>Establish procedures for applicants to obtain records eligible to be disclosed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Certified record” means a motor vehicle record certified by the Administration that is admissible in any judicial proceeding in the same manner as the original record, whose contents and time period covered may vary depending upon the eligibility of the requester under the General Provisions Article, §4-320, and Transportation Article, §12-111, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Custodian” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Government agency” means an agency or unit of the federal, state, or local government, including a law enforcement agency.</text> </paragraph> <paragraph num="(7)"> <text>“Noncertified record” means a motor vehicle record provided by the Administration generally used for informational purposes that may or may not be used in judicial proceedings.</text> </paragraph> <paragraph num="(8)"> <text>“Person in interest” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Personal information” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Records” means:</text> <paragraph num="(a)"> <text>Accident reports;</text> </paragraph> <paragraph num="(b)"> <text>Administrative hearing records and exhibits;</text> </paragraph> <paragraph num="(c)"> <text>Alcohol education client records;</text> </paragraph> <paragraph num="(d)"> <text>Applications and other related documents;</text> </paragraph> <paragraph num="(e)"> <text>Certificates or other documents issued by the Administration;</text> </paragraph> <paragraph num="(f)"> <text>Correspondence and reports related to the records listed in §B(11)(a)—(e) and (g)—(m) of this regulation;</text> </paragraph> <paragraph num="(g)"> <text>Driver improvement client records;</text> </paragraph> <paragraph num="(h)"> <text>Driver record histories or other related documents;</text> </paragraph> <paragraph num="(i)"> <text>Financial responsibility judgment case records;</text> </paragraph> <paragraph num="(j)"> <text>Insurance certification documents and uninsured motorist complaint records;</text> </paragraph> <paragraph num="(k)"> <text>Vehicle identification numbers;</text> </paragraph> <paragraph num="(l)"> <text>Vehicle registration records; and</text> </paragraph> <paragraph num="(m)"> <text>Vehicle titles.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Specific identifier” means personal information that identifies an individual or person of interest including that individual's name, address, telephone number, driver's license number, email address, or any other identifying data or number.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Records."> <paragraph num="A."> <text>Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, the Administration shall keep a record of each application or other document with it and each certificate or other official document that it issues.</text> </paragraph> <paragraph num="B."> <text>Pursuant to Transportation Article, §16-117, Annotated Code of Maryland, the Administration shall keep a drivers’ record file, which, except as otherwise provided, shall be open for public inspection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Record Request."> <paragraph num="A."> <text>An applicant may request an individual's public record by completing a record request form furnished by the Administration which shall include the:</text> <paragraph num="(1)"> <text>Name of the applicant;</text> </paragraph> <paragraph num="(2)"> <text>Signature of the applicant;</text> </paragraph> <paragraph num="(3)"> <text>Business name of the applicant, if applicable;</text> </paragraph> <paragraph num="(4)"> <text>Address of the applicant or business;</text> </paragraph> <paragraph num="(5)"> <text>Name of the record requested;</text> </paragraph> <paragraph num="(6)"> <text>Reason for the request; and</text> </paragraph> <paragraph num="(7)"> <text>Record identification number, such as:</text> <paragraph num="(a)"> <text>Driver's license or Soundex, or</text> </paragraph> <paragraph num="(b)"> <text>Vehicle registration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>To determine the applicant's eligibility for release of personal information when appearing in person, the applicant shall furnish a driver's license or State identification card and, if the application is for personal information for a different individual, upon request by the Administration, another form of personal identification such as a:</text> <paragraph num="(1)"> <text>Federal tax identification or other business number;</text> </paragraph> <paragraph num="(2)"> <text>Vendor contract number;</text> </paragraph> <paragraph num="(3)"> <text>Law enforcement identification;</text> </paragraph> <paragraph num="(4)"> <text>Government employment identification; or</text> </paragraph> <paragraph num="(5)"> <text>Professional license number with the name of the licensing agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Record Access."> <paragraph num="A."> <text>In General. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, subject to General Provisions Article, §4-320, Annotated Code of Maryland, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours.</text> </paragraph> <paragraph num="B."> <text>Records Not Open to Public Inspection. Pursuant to Transportation Article, §§12-111, 16-117, and 16-118, Annotated Code of Maryland, the following records are not open to public inspection:</text> <paragraph num="(1)"> <text>A driving record entry that is over 3 years old;</text> </paragraph> <paragraph num="(2)"> <text>A digital or photographic image or signature;</text> </paragraph> <paragraph num="(3)"> <text>A record or notation of probation before judgment;</text> </paragraph> <paragraph num="(4)"> <text>A record of a first offense of driving with an alcohol concentration of 0.08 or more under Transportation Article, §16-205.1, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(5)"> <text>Records of the Medical Advisory Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exceptions.</text> <paragraph num="(1)"> <text>Records of Any Age. Subject to the provisions of §§B, D and E of this regulation and pursuant to Transportation Article §12-111(b)(3), a driving record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local government agency.</text> </paragraph> <paragraph num="(2)"> <text>Photographic Images and Signatures. A digital photographic image or signature of an individual shall be open to inspection only as set forth in Transportation Article §12-111, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Probation Before Judgment Records and Records of a First Offense of Driving With an Alcohol Concentration of 0.08 or More. A record or notation of probation before judgment and a record of a first offense of driving with an alcohol concentration of 0.08 or more shall be open to inspection only as set forth in Transportation Article §16-117, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>Medical Advisory Board Records. Records of the Medical Advisory Board shall be open to inspection only as set forth in Transportation Article §16-118, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Public Records Containing Personal Information. Personal information referred to in General Provisions Article, §4-320(f)(2), Annotated Code of Maryland, shall generally be used in conformity with the purposes of State and federal law, as amended, and specifically in compliance with the following statutes:</text> <paragraph num="(1)"> <text>Federal Automobile Information Disclosure Act (15 U.S.C. §1231 et seq.);</text> </paragraph> <paragraph num="(2)"> <text>Motor Vehicle Information and Cost Saving Act (49 U.S.C. §32101 et seq.);</text> </paragraph> <paragraph num="(3)"> <text>National Traffic and Motor Vehicle Safety Act of 1996 (49.U.S.C. §30101 et seq.);</text> </paragraph> <paragraph num="(4)"> <text>Anti-Car Theft Act of 1992 (49 U.S.C. §33101 et seq.);</text> </paragraph> <paragraph num="(5)"> <text>Clean Air Act (42 U.S.C. §7401 et seq.);</text> </paragraph> <paragraph num="(6)"> <text>Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and</text> </paragraph> <paragraph num="(7)"> <text>General Provisions Article, Title 4, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Waiver Procedures."> <text>At the discretion of the custodian, a public record containing personal information may be released to an applicant not otherwise authorized to receive the information when the applicant:</text> <paragraph num="A."> <text>Submits, from the person in interest, a notarized written consent;</text> </paragraph> <paragraph num="B."> <text>Is the cosigner for driver licensing while the person in interest is younger than 18 years old; or</text> </paragraph> <paragraph num="C."> <text>Applying for a vehicle registration renewal:</text> <paragraph num="(1)"> <text>Presents a registration renewal application signed by the person in interest; or</text> </paragraph> <paragraph num="(2)"> <text>If applying for renewal as co-owner of the vehicle, furnishes identification showing the same address as the other vehicle co-owner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Disclosure Denial."> <paragraph num="A."> <text>Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, the Administration shall deny disclosure of personal information and specific identifiers.</text> </paragraph> <paragraph num="B."> <text>Disclosure of personal information may be denied if the custodian determines that the requested information is to be used for purposes other than those specified in General Provisions Article, §4-320(e) and (f), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, if a record subject to disclosure contains personal information or specific identifiers, the personal information and specific identifiers shall be redacted prior to disclosing the record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Disclosure Consent or Withdrawal of Consent."> <paragraph num="A."> <text>A person in interest may consent, or subsequently withdraw consent, to disclose personal information.</text> </paragraph> <paragraph num="B."> <text>The consent or withdrawal of consent shall be in writing and mailed or delivered to the Administration's Official Custodian. The request shall include:</text> <paragraph num="(1)"> <text>Soundex or driver's license number;</text> </paragraph> <paragraph num="(2)"> <text>Full name;</text> </paragraph> <paragraph num="(3)"> <text>Date of birth;</text> </paragraph> <paragraph num="(4)"> <text>Signature; and</text> </paragraph> <paragraph num="(5)"> <text>A photocopy of the person in interest's last Maryland driver's license or identification card on record with the custodian.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The custodian shall maintain a record of a consent or withdrawal of consent of personal information.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fees."> <paragraph num="A."> <text>Fees for Driver and Vehicle Records. The fees for individual driver and vehicle records shall be as set forth in COMAR 11.11.05.06.</text> </paragraph> <paragraph num="B."> <text>Fees for Copies of Records Requested Under the Maryland Public Information Act.</text> <paragraph num="(1)"> <text>The fee schedule for copying records is as follows.</text> <paragraph num="(a)"> <text>Black and White Copies. The fee for each black and white copy of a noncertified record is 3.5 cents per page if reproduction is made by a photocopying machine within the Administration.</text> </paragraph> <paragraph num="(b)"> <text>Color Copies. The fee for each color copy of a noncertified record is 15 cents per page if reproduction is made by a photocopying machine within the Administration.</text> </paragraph> <paragraph num="(c)"> <text>Certified Copies. If an applicant requests a certified record, an additional fee of $3 per record shall be charged.</text> </paragraph> <paragraph num="(d)"> <text>Other Reproductions. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies shall be based on the actual cost of reproduction.</text> </paragraph> <paragraph num="(e)"> <text>Minimum Fee Charged. A charge may not be made if the total amount of the fee is less than $10.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Notwithstanding subsection(1) of this section, if the fees for copies, printouts, other reproductions, or certified copies of any record are specifically prescribed by a law or regulation other than the Act or this regulation, the prescribed fee shall be charged.</text> </paragraph> <paragraph num="(3)"> <text>Before copying a record, the custodian shall estimate the cost of reproduction and obtain prepayment of any estimated fee before reproducing the record.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Fees for Search and Retrieval of Records Requested Under the Maryland Public Information Act.</text> <paragraph num="(1)"> <text>Except as provided in subsection (2) of this section, the official custodian may charge reasonable fees for officials’ or employees’ time expended searching for requested records or for any time expended preparing records for inspection and copying.</text> </paragraph> <paragraph num="(2)"> <text>The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time needed to respond to a request for information.</text> </paragraph> <paragraph num="(3)"> <text>The fee schedule for search and preparation is as follows:</text> <paragraph num="(a)"> <text>Computer Programming and Retrieval. The fee for computer programming and electronic retrieval of records is $250 per hour.</text> </paragraph> <paragraph num="(b)"> <text>Clerical. The fee for clerical time expended for search and retrieval of documents is $30 per hour.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Waiver of Fees.</text> <paragraph num="(1)"> <text>Upon request, the official custodian may waive or reduce any fee charged pursuant to the regulation if:</text> <paragraph num="(a)"> <text>When requesting an individual’s own driving record, the individual displays identification acceptable to the Administration; or</text> </paragraph> <paragraph num="(b)"> <text>When requesting all other records, the custodian determines that the waiver or reduction is in the public interest, considering, among other relevant factors, the ability of the applicant to pay the cost or fee.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Records for Government Agencies.</text> <paragraph num="(a)"> <text>On request, the Administration may provide certified or noncertified records to government agencies without charge.</text> </paragraph> <paragraph num="(b)"> <text>The Administration may provide up to five records to government agency representatives who provide official identification at the time of making the request.</text> </paragraph> <paragraph num="(c)"> <text>Multiple Requests. Requests from government agencies for more than five records without charge shall be made on the agency’s letterhead, and shall be addressed to the Motor Vehicle Administration, Custodian of Records, 6601 Ritchie Highway, Glen Burnie, Maryland 21062.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 23, 1998 (25:4 Md. R. 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)</annotation> </annotations> </chapter> <chapter num="10" heading="Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter contains procedures governing the refusal to register or transfer registration and for the suspension of the driver's license or privilege to drive of an individual who has an outstanding warrant, pursuant to Transportation Article, §§13-406.1 and 16-204, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Law enforcement agency” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“License” has the meaning stated in Transportation Article, §11-128, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Outstanding warrant” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reporting Outstanding Warrant Information."> <paragraph num="A."> <text>A participating law enforcement agency is responsible for transmitting outstanding warrant information to the Administration in a format specified by the Administration.</text> </paragraph> <paragraph num="B."> <text>A participating law enforcement agency may not report outstanding warrant information to the Administration until:</text> <paragraph num="(1)"> <text>The outstanding warrant is 31 days old or older; and</text> </paragraph> <paragraph num="(2)"> <text>The law enforcement agency has made at least one attempt to serve the warrant, but failed to serve the individual named in the outstanding warrant due to the inability to locate the individual.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Registration Refusal and License Suspension."> <text>Upon notification from a participating law enforcement agency that an individual has an outstanding warrant, the Administration shall:</text> <paragraph num="A."> <text>Refuse to register or transfer the registration of any vehicle owned by the individual; and</text> </paragraph> <paragraph num="B."> <text>Suspend the driver's license or driving privilege of the individual.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Proposed Action."> <text>Before refusing to register or transfer a vehicle registration and suspending the driver's license or privilege to drive of an individual with an outstanding warrant, the Administration shall send notice to the individual. The notice shall:</text> <paragraph num="A."> <text>Be in writing;</text> </paragraph> <paragraph num="B."> <text>Be personally served on the individual or sent by U.S. mail to the individual at the address on record with the Administration; and</text> </paragraph> <paragraph num="C."> <text>Advise the individual:</text> <paragraph num="(1)"> <text>That the registration or transfer of any vehicle owned by the individual has been refused and their driver's license or privilege to drive has been suspended;</text> </paragraph> <paragraph num="(2)"> <text>Of the right to contest, within 15 days of the notice date, by making a written request for an administration hearing;</text> </paragraph> <paragraph num="(3)"> <text>That the hearing request under this section shall be limited to the issue of mistaken identity; and</text> </paragraph> <paragraph num="(4)"> <text>To contact the reporting law enforcement agency to resolve any questions regarding the outstanding warrant.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Reinstatement."> <paragraph num="A."> <text>The Administration shall continue to refuse to register or transfer a vehicle registration and to suspend the driver's license or privilege to drive of an individual with an outstanding warrant until:</text> <paragraph num="(1)"> <text>The Administration is ordered by a court to register or transfer the vehicle registration and reinstate the driver's license or privilege to drive of the individual; or</text> </paragraph> <paragraph num="(2)"> <text>The participating law enforcement agency notifies the Administration that:</text> <paragraph num="(a)"> <text>The individual named in the outstanding warrant has been arrested; or</text> </paragraph> <paragraph num="(b)"> <text>The outstanding warrant has been satisfied.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The participating law enforcement agency shall notify the Administration within 24 hours of a warrant being satisfied.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 29, 2002 (29:8 Md. R. 701)</annotation> </annotations> </chapter> <chapter num="11" heading="Ignition Interlock Vehicle Exemption for Financial Hardship"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish the eligibility criteria to be used in determining when a financial hardship exists that may exempt a repeat alcohol offender from the requirement of having an ignition interlock system installed and maintained on each vehicle owned or co-owned by the offender.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration or the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(2)"> <text>“Administrative law judge” means a person authorized to conduct administrative hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Financial hardship” means documented proof:</text> <paragraph num="(a)"> <text>Acceptable to an administrative law judge, the Administration, or an approved ignition interlock vendor that a person is eligible for or receiving assistance under the provisions of COMAR 07.02.04.03A and B, 07.03, 07.06.06, 07.06.09, 10.02.03, 10.09.24, 10.09.25, or 10.22.01, or under the provisions of Health-General Article, §§7-406, 7-503, 7-801(3), 7-802(d), or 10-708, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>That a person meets the income guidelines for the Federal Supplemental Nutrition Assistance Program or the Maryland Food Supplement Program.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Repeat alcohol offender” means a person who has been convicted of more than one violation of Transportation Article, §21-902(a), Annotated Code of Maryland, within a 5-year period.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Vehicle Exemption."> <paragraph num="A."> <text>When a repeat alcohol offender receives notification from the Administration of the requirement to install and maintain an ignition interlock system on all vehicles owned and co-owned under Transportation Article, §16-205, Annotated Code of Maryland, the offender may request a hearing to present evidence of financial hardship so that the vehicle or vehicles may be considered for exemption from the requirement.</text> </paragraph> <paragraph num="B."> <text>A repeat alcohol offender requesting a vehicle exemption due to a financial hardship shall submit a written request for a hearing with a request for consideration for a vehicle exemption due to a financial hardship within 15 days of the notice date.</text> </paragraph> <paragraph num="C."> <text>The repeat offender shall provide documented proof of financial hardship as defined in Regulation .02 of this chapter to be considered by the administrative law judge at the administrative hearing.</text> </paragraph> <paragraph num="D."> <text>The Administration shall deny any request for an ignition interlock vehicle exemption due to a financial hardship if the person does not submit a timely request for a hearing within 15 days of the notice date.</text> </paragraph> <paragraph num="E."> <text>At the administrative hearing the administrative law judge shall consider a request for exemption of a vehicle or vehicles owned and co-owned by the repeat alcohol offender, if the offender meets the criteria for a financial hardship.</text> </paragraph> <paragraph num="F."> <text>The repeat offender has the burden of proof of a financial hardship.</text> </paragraph> <paragraph num="G."> <text>If an administrative law judge determines that a repeat offender has a financial hardship, the Administration shall exempt any vehicle designated by the administrative law judge from the requirement of installing and maintaining an ignition interlock system on the designated vehicle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 2003 (30:17 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> </annotations> </chapter> <chapter num="12" heading="Commercial Driver's License Disqualification and Cancellation"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish:</text> <paragraph num="A."> <text>Procedures for the disqualification of commercial vehicle driving privileges for convictions of certain offenses determined by State and federal law as serious violations;</text> </paragraph> <paragraph num="B."> <text>The period of disqualification for serious violations under this chapter;</text> </paragraph> <paragraph num="C."> <text>Procedures for an emergency disqualification;</text> </paragraph> <paragraph num="D."> <text>Conditions for reinstatement and denial of a lifetime disqualification; and</text> </paragraph> <paragraph num="E."> <text>Requirements to comply with federal regulations that were created to ensure uniformity among commercial driver license systems and to reduce or prevent commercial vehicle accidents, fatalities, and injuries.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Cancel” has the meaning stated in Transportation Article, §11-107, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Commercial driver's license” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Commercial motor vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Disqualification” has the meaning stated in 49 CFR §383.5.</text> </paragraph> <paragraph num="(6)"> <text>“Imminent hazard” has the meaning stated in 49 CFR §383.5.</text> </paragraph> <paragraph num="(7)"> <text>“Serious traffic violation” has the meaning stated in 49 CFR §383.5.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Disqualification for Serious Traffic Violations."> <paragraph num="A."> <text>A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 60 days for a second conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a:</text> <paragraph num="(1)"> <text>Commercial motor vehicle; or</text> </paragraph> <paragraph num="(2)"> <text>Noncommercial motor vehicle if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 120 days for a third conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a:</text> <paragraph num="(1)"> <text>Commercial motor vehicle; or</text> </paragraph> <paragraph num="(2)"> <text>Noncommercial motor vehicle, if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A disqualification imposed under this chapter shall be in addition to any other period of disqualification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disqualification for Major Traffic Violations."> <text>A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a major traffic violation for 1 year, 3 years, or for life as specified in 49 CFR §383.51(b).</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Emergency Disqualification."> <paragraph num="A."> <text>On notification from the Federal Motor Carrier Safety Administration that a driver has been determined to constitute an imminent hazard and has been disqualified pursuant to 49 CFR §383.52, the Administration shall enter the disqualification on the driver's record.</text> </paragraph> <paragraph num="B."> <text>A driver who is simultaneously disqualified under 49 CFR §383.52 and under the provisions of any other federal regulation or State law or regulation shall serve those disqualification periods concurrently.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Lifetime Disqualification Reinstatement."> <paragraph num="A."> <text>An individual with a lifetime disqualification may request reinstatement of the individual's commercial driving privilege if:</text> <paragraph num="(1)"> <text>A 10-year disqualification period has expired from the date of the lifetime disqualification;</text> </paragraph> <paragraph num="(2)"> <text>The individual has voluntarily entered and successfully completed the approved rehabilitation program or programs required by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>The individual had a valid driver's license during that 10-year period;</text> </paragraph> <paragraph num="(4)"> <text>The individual has no record of any moving violations during the lifetime disqualification period; and</text> </paragraph> <paragraph num="(5)"> <text>The individual has met all the reinstatement requirements under 49 CFR §383.51.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration, after an investigation of the individual's habits, health, and driving ability and referral to the Medical Advisory Board established under Transportation Article, §16-118, Annotated Code of Maryland, may determine if it will be safe to reinstate the individual's commercial driving privilege.</text> </paragraph> <paragraph num="C."> <text>The decision to grant the reinstatement shall be solely at the discretion of the Administrator or Administrator's designee.</text> </paragraph> <paragraph num="D."> <text>If the reinstatement of the individual's commercial driving privilege is granted, the Administration shall require the applicant to submit to all testing requirements under Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, and COMAR 11.17.14.</text> </paragraph> <paragraph num="E."> <text>If an individual who has been reinstated with a commercial driving privilege under the provisions of this regulation is subsequently convicted of a disqualifying offense described in 49 CFR §383.51, the lifetime disqualification of the individual's commercial driving privilege shall be reinstated and any future request for reinstatement of the commercial driving privilege shall be denied.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Licensing Limitations."> <paragraph num="A."> <text>The Administration may not issue any type of temporary, conditional, or work restricted license permitting an individual to drive a commercial motor vehicle during any period in which the individual's driving privilege is disqualified, refused, cancelled, suspended, or revoked in this or any other state in accordance with Transportation Article, §16-808, Annotated Code of Maryland, and 49 CFR §384.210.</text> </paragraph> <paragraph num="B."> <text>An applicant for a commercial driver's license with a restriction imposed under Transportation Article, §16-113(a)(1), Annotated Code of Maryland shall be issued a commercial driver's license with the restriction if it is determined by the Medical Advisory Board that the individual is physically qualified to operate a commercial motor vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Notification of Disqualification."> <paragraph num="A."> <text>After disqualifying a nonresident driver from operating a commercial motor vehicle, the Administration shall notify the licensing authority of the state that issued the commercial driver's license. The notice of disqualification shall:</text> <paragraph num="(1)"> <text>Be sent within 10 days of the disqualification; and</text> </paragraph> <paragraph num="(2)"> <text>Include the violation that resulted in the disqualification.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon notification from a licensing authority from another state that a Maryland resident driver has been disqualified from operating a commercial motor vehicle in that state, the Administration shall notify the resident driver of the disqualification from operating a commercial motor vehicle in Maryland. The notice of disqualification shall include:</text> <paragraph num="(1)"> <text>The violation that resulted in the disqualification; and</text> </paragraph> <paragraph num="(2)"> <text>The effective date of the disqualification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Cancellation for Failure to Submit Current Medical Certification."> <paragraph num="A."> <text>If a commercial driver’s license holder fails to submit their medical certification as required under 49 CFR §§391.43 and 391.45, the Administration shall cancel the commercial driver’s license privilege of the holder.</text> </paragraph> <paragraph num="B."> <text>The Administration may immediately reinstate the noncommercial Class C privilege of the driver in accordance with Transportation Article, §16-812(o), Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 30, 2005 (32:19 Md. R. 1588)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)</annotation> </annotations> </chapter> <chapter num="13" heading="Ignition Interlock Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland, requires certain individuals who are convicted of a certain offense under certain circumstances to participate in the Program, requires certain individuals to participate in the Program as a condition of modification of a license suspension or revocation, and allows certain individuals with an alcohol-related driving offense or conviction to participate in the Program as a condition of continued licensure. The purpose of this chapter is to establish the eligibility requirements for participation in the Program, to monitor the participants, and to define the administrative action to be taken if a participant violates the conditions or requirements of the Program.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Approved service provider” or “service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“BAC” means the breath alcohol concentration determined by a breath analyzer that measures the amount of alcohol in an individual's breath.</text> </paragraph> <paragraph num="(4)"> <text>“Ignition interlock device” or “interlock device” means an ignition interlock system as defined under Transportation Article, §21-902.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of an individual's breath alcohol analysis exceeds a preset alcohol concentration level.</text> </paragraph> <paragraph num="(6)"> <text>“Participant” means an individual enrolled in the Ignition Interlock System Program.</text> </paragraph> <paragraph num="(7)"> <text>“Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Reporting period” means the time period that begins at the time of installation of the ignition interlock device and reoccurs every 30 days thereafter until the successful completion of the Program.</text> </paragraph> <paragraph num="(9)"> <text>“Service Provider Certification” means an electronic verification that the data recorded by the device, and certified as accurate by the participant’s approved service provider, and transmitted to the Administration in the 3 consecutive months prior to the participant’s completion date did not contain any of the violations specified in Transportation Article, §16-404.1(n), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Successful completion” means satisfactorily fulfilling all the conditions for participation in the Program and the Administration is in receipt of the Service Provider Certification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirements for Enrollment in the Program."> <paragraph num="A."> <text>To enroll as a participant in the Program, an individual shall:</text> <paragraph num="(1)"> <text>Have a valid Maryland license that is not currently suspended, revoked, cancelled, or refused in this or any other state;</text> </paragraph> <paragraph num="(2)"> <text>Notify the Administration, in writing, of the individual's choice to participate in the Program;</text> </paragraph> <paragraph num="(3)"> <text>Have an interlock device installed in the individual's vehicle by an approved service provider;</text> </paragraph> <paragraph num="(4)"> <text>Surrender all Maryland driver's licenses, including a temporary license, or submit a signed statement certifying no driver's license is in the individual's possession;</text> </paragraph> <paragraph num="(5)"> <text>Submit the service provider's completed sealed enrollment form to a full service Administration office;</text> </paragraph> <paragraph num="(6)"> <text>Pay the required ignition interlock participation fee as set forth in COMAR 11.11.05; and</text> </paragraph> <paragraph num="(7)"> <text>Obtain a Maryland driver's license with an interlock restriction.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual will not receive credit for participation in the Program unless.</text> <paragraph num="(1)"> <text>All the requirements set forth in §A of this regulation have been complied with; and</text> </paragraph> <paragraph num="(2)"> <text>The individual obtains a restricted driver’s license before the earlier of 30 days from installation of the ignition interlock or their first ignition interlock monthly calibration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual may only receive credit towards participation while they hold a valid driving privilege.</text> </paragraph> <paragraph num="D."> <text>Except when the participant is a repeat offender subject to the provisions of Transportation Article, §16-205(e), Annotated Code of Maryland, an employer waiver, allowing the participant to drive an employer vehicle in the course of the participant’s employment during normal working hours, may be granted by the courts, or by the Administration, with submission of documentation of current employment and the need for the participant to operate the motor vehicle in the course of employment, in a form that is acceptable to the Administration.</text> </paragraph> <paragraph num="E."> <text>An individual who requests an administrative hearing to show cause why the individual’s driver’s license should not be suspended or revoked is no longer eligible to participate in the Program unless:</text> <paragraph num="(1)"> <text>The individual withdraws the request for an administrative hearing and completes all the requirements set forth in §A of this regulation; or</text> </paragraph> <paragraph num="(2)"> <text>The individual’s license suspension or revocation is modified by a final decision of an administrative law judge of the Office of Administrative Hearings to allow participation in the Program.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If the device is installed in a vehicle not owned by the participant, the individual shall provide the Administration with a notarized signed statement from the owner of the vehicle authorizing the installation of the interlock device.</text> </paragraph> <paragraph num="G."> <text>The participant shall abide by the terms and conditions of the service provider's agreement, including payment of all costs and fees associated with the Program.</text> </paragraph> <paragraph num="H."> <text>The Administration ignition interlock participation fee may be waived for participants experiencing financial hardship as set forth in COMAR 11.11.11.02.</text> </paragraph> <paragraph num="I."> <text>As a condition of continued enrollment in the Program, a participant shall have the interlock device serviced and data downloaded by a service provider, at a frequency not to exceed 30 days.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Violations of the Program."> <paragraph num="A."> <text>A participant is in violation of the Program requirements if the individual:</text> <paragraph num="(1)"> <text>Receives a suspension, revocation, refusal, or cancellation of the individual's driving privilege;</text> </paragraph> <paragraph num="(2)"> <text>Has the interlock device installed in a vehicle with an expired or invalid registration;</text> </paragraph> <paragraph num="(3)"> <text>Removes the interlock device without prior approval from the Administration;</text> </paragraph> <paragraph num="(4)"> <text>Operates a vehicle without an ignition interlock device installed in the vehicle;</text> </paragraph> <paragraph num="(5)"> <text>Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable;</text> </paragraph> <paragraph num="(6)"> <text>Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent;</text> </paragraph> <paragraph num="(7)"> <text>Fails to submit to a retest after starting the vehicle;</text> </paragraph> <paragraph num="(8)"> <text>Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device;</text> </paragraph> <paragraph num="(9)"> <text>Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter;</text> </paragraph> <paragraph num="(10)"> <text>Fails to abide by the terms and conditions of the participant's agreement with the service provider;</text> </paragraph> <paragraph num="(11)"> <text>Allows another individual to blow into the interlock device while the participant is operating the vehicle;</text> </paragraph> <paragraph num="(12)"> <text>Participates in any other act or use of the interlock device that poses a threat to highway safety; or</text> </paragraph> <paragraph num="(13)"> <text>Receives an Order of Suspension under Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall notify the participant when one or more violations are found during a reporting period.</text> </paragraph> <paragraph num="C."> <text>When a violation of the Program is found, there is a presumption that the violation has been committed by the participant when the person is not clearly visible and identifiable in the interlock device camera image.</text> </paragraph> <paragraph num="D."> <text>If a participant alleged to have committed a violation of the requirements of §A(7) of this regulation is deaf or hard of hearing, the Administration shall consider this circumstance when evaluating whether to assess a violation prior to removal from the Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Removal from the Program."> <paragraph num="A."> <text>The Administration may remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of the Program requirements set forth in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Administration may extend the participant's required period of participation:</text> <paragraph num="(1)"> <text>By 30 days for a violation of the Programs requirements set forth in Regulation .04A(6), (7), (8), or (10); or</text> </paragraph> <paragraph num="(2)"> <text>By 90 days from the date of a violation if in the last three months before a participant’s date of release from the program:</text> <paragraph num="(a)"> <text>The participant violates the requirements set forth in Regulation .04A(7); or</text> </paragraph> <paragraph num="(b)"> <text>The participant attempts to start a vehicle with a breath alcohol concentration of 0.04 percent or more, unless there is a subsequent test reading within ten minutes that indicates a breath alcohol concentration below 0.04 percent.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration shall remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of Program requirements set forth in Regulation .04A(1), (2), (3), (4), (5), (9), (11), (12), or (13).</text> </paragraph> <paragraph num="D."> <text>The Administration shall notify the participant of the removal from the Program and reinstatement of a suspension or revocation, or of the Administration's decision to extend the participant's required period of participation in the Program.</text> </paragraph> <paragraph num="E."> <text>Credit for the time served in the Program is not given to a participant removed from the Program before successfully completing the individual's required period of participation.</text> </paragraph> <paragraph num="F."> <text>If a person is removed from the program before successfully completing the program, that person may request that the Administration allow re-enrollment and entry into the program no earlier than 30 days from the date of the participant’s removal.</text> </paragraph> <paragraph num="G."> <text>A person who re-enters the program pursuant to this regulation shall be required to complete the full original period of assignment to the interlock program.</text> </paragraph> <paragraph num="H."> <text>A person who fails to successfully complete the Program will not receive credit towards future participation in the program arising from the same incident.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response to Notice of Violation."> <text>The Administration may determine that a violation did not occur on receipt of verified documentation or other information satisfactory to the Administration from:</text> <paragraph num="A."> <text>The participant, within 15 days of the notice of violation date, explaining why the participant contends the violation was not committed; or</text> </paragraph> <paragraph num="B."> <text>The participant's interlock service provider, indicating a reported violation resulted from a malfunction of the installed device for which the participant was not responsible.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Hearing Rights."> <paragraph num="A."> <text>An individual participating in the program who is notified by the Administration that the individual will be removed for violations of the Program under this chapter, may:</text> <paragraph num="(1)"> <text>Request a hearing on the suspension or revocation resulting from the removal from the Program; and</text> </paragraph> <paragraph num="(2)"> <text>Have the suspension held in abeyance pending the outcome of the administrative hearing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The interlock unit shall remain installed in the vehicle until a final decision is rendered at the hearing regarding the individual’s participation in the interlock program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Referral to Medical Advisory Board."> <text>This chapter does not limit the Administration's authority to:</text> <paragraph num="A."> <text>Refer a participant to the Medical Advisory Board; or</text> </paragraph> <paragraph num="B."> <text>Require that a participant in the Program be actively enrolled in or have completed a certified alcohol treatment or substance abuse program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Successful Completion."> <paragraph num="A."> <text>An individual has successfully completed the Program when:</text> <paragraph num="(1)"> <text>The participant satisfactorily fulfilled all the conditions for participation in the Program; and</text> </paragraph> <paragraph num="(2)"> <text>The Administration is in receipt of the Service Provider Certification as required in Transportation Article, §16-404.1(n), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A person who successfully completes the Program will receive credit towards future participation in the Program arising from the same incident.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)</annotation> </annotations> </chapter> <chapter num="14" heading="Service of Process for Nonresident Drivers"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>Under Courts and Judicial Proceedings, §6-313, Annotated Code of Maryland, the Administration shall serve as the agent to receive a subpoena, summons, or other process for a nonresident driver named in an action brought in a court of this State related to an accident or collision involving a motor vehicle occurring within the State of Maryland on or after October 1, 2008. The purpose of this chapter is to establish regulations to implement the service of process for nonresident drivers.</text> </paragraph> <paragraph num="B."> <text>To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Certification of last known residence” means a form required by the Administration stating the last known address of the nonresident as certified by the party or party's attorney of record seeking to serve the Administration as statutory agent on behalf of the nonresident.</text> </paragraph> <paragraph num="(3)"> <text>“Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Investigation Division” means the Investigation Division of the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(5)"> <text>“Nonresident” has the meaning stated in Transportation Article, §11-139, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Nonresident motor vehicle cases” means court cases involving motor vehicle accidents or collisions by nonresident drivers in which the Administration is authorized by law to accept service of process, as stated in Transportation Article, §12-104(f), Annotated Code of Maryland, and this chapter.</text> </paragraph> <paragraph num="(7)"> <text>“Service of process” means the service of a summons, subpoena, or other process issued under Court and Judicial Proceedings Article, §6-313, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Authorization of Employees."> <text>Designated employees of the Investigation Division are authorized to receive the service of process on behalf of the Administration as statutory agent for out-of-State drivers in nonresident motor vehicle cases.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Request for Service of Process Requirements."> <paragraph num="A."> <text>Service of process shall be made on the Administration as statutory agent for a nonresident driver under this chapter by personal delivery to the Investigation Division of the Motor Vehicle Administration at 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062.</text> </paragraph> <paragraph num="B."> <text>An individual seeking service of process shall submit a request on a form approved by the Administration and include with the request form:</text> <paragraph num="(1)"> <text>A copy of the process;</text> </paragraph> <paragraph num="(2)"> <text>Certification of last known address of the nonresident driver; and</text> </paragraph> <paragraph num="(3)"> <text>Payment of the fee for service of process established in COMAR 11.11.05.06.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A separate request for service of process shall be made for each nonresident driver for which statutory service of process is sought.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Administration's Requirements."> <paragraph num="A."> <text>The Administration shall send a copy of the service of process to a nonresident driver upon the receipt of a completed application in which the applicant has met all the requirements set forth in Regulation .04 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The copy of the service of process shall be sent to the nonresident driver by certified mail with return receipt requested to the last known address certified by the applicant.</text> </paragraph> <paragraph num="C."> <text>The Administration shall:</text> <paragraph num="(1)"> <text>File an affidavit certifying service compliance with the clerk of the court where the case was filed; and</text> </paragraph> <paragraph num="(2)"> <text>Provide a copy of the affidavit to the applicant requesting the service of process.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Exceptions."> <paragraph num="A."> <text>The Administration may not accept service of process as statutory agent under this chapter in any case that is not a nonresident motor vehicle case.</text> </paragraph> <paragraph num="B."> <text>The Administration may not accept a request for service of process as statutory agent under this chapter in any case where:</text> <paragraph num="(1)"> <text>The requirements in Regulation .04 of this chapter have not been met;</text> </paragraph> <paragraph num="(2)"> <text>The person on whose behalf statutory service is sought is not a nonresident driver; or</text> </paragraph> <paragraph num="(3)"> <text>The cause of action was before October 1, 2008.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 6, 2009 (36:7 Md. R. 525)</annotation> </annotations> </chapter> <chapter num="15" heading="Refusal to Renew or Transfer a Vehicle Registration and Refusal to Renew a Driver's License for Failure to Pay Undisputed Taxes and Unemployment Insurance Contributions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter contains procedures governing the refusal to renew or transfer a vehicle registration and the refusal to renew a driver's license of an applicant as a result of unpaid tax liabilities or unpaid unemployment insurance contributions.</text> </paragraph> <paragraph num="B."> <text>This chapter applies to:</text> <paragraph num="(1)"> <text>Individuals for whom or entities for which the Comptroller has notified the Administration of failure to pay all undisputed taxes or failure to provide for payment in a manner satisfactory to the Comptroller; and</text> </paragraph> <paragraph num="(2)"> <text>Individuals for whom or entities for which the Maryland Department of Labor has notified the Administration of failure to pay undisputed unemployment insurance contributions or failure to provide for payment in a manner satisfactory to the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Comptroller” means the Comptroller of Maryland or the Comptroller’s designee.</text> </paragraph> <paragraph num="(3)"> <text>“Driver’s license” has the meaning stated in Transportation Article, §11-116, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>"Maryland Department of Labor (MDL)” means the Secretary of Labor or the Secretary’s designee.</text> </paragraph> <paragraph num="(5)"> <text>“Release” means evidence that an applicant either has paid all undisputed taxes and unemployment contributions payable to the Comptroller or the Maryland Department of Labor or has provided for payment in a manner satisfactory to the agency responsible for collection.</text> </paragraph> <paragraph num="(6)"> <text>“Undisputed tax liabilities” means an assessment of tax that has become final.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reporting Undisputed Taxes and Unemployment Insurance Contributions."> <paragraph num="A."> <text>The Comptroller or MDL shall transmit to the Administration, in a format and frequency agreed to by the Administration, Comptroller, and MDL:</text> <paragraph num="(1)"> <text>Undisputed tax liabilities;</text> </paragraph> <paragraph num="(2)"> <text>Releases for tax liabilities;</text> </paragraph> <paragraph num="(3)"> <text>Undisputed unemployment insurance contribution liabilities; and</text> </paragraph> <paragraph num="(4)"> <text>Releases for unemployment insurance contribution liabilities.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In the event the Comptroller or MDL transmits to the Administration records which the Administration is unable to match to the Administration’s records, the Administration shall notify the Comptroller or MDL of all unmatched names and partially matched names.</text> </paragraph> <paragraph num="C."> <text>In the event the Administration notifies the Comptroller or MDL of unmatched names and partially matched names, the Comptroller or MDL shall attempt to match all unmatched names and partially matched names and transmit back to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Nonrenewal or transfer of Registration and Nonrenewal of Driver’s License."> <text>Upon notification to the Administration from the Comptroller or MDL that an individual or entity has failed to pay undisputed taxes or unemployment insurance contributions, or has failed to arrange for a plan of payment in a manner satisfactory to the agency responsible for collection, and upon a positive match to that individual in Administration records, the Administration shall refuse:</text> <paragraph num="A."> <text>For any vehicle owned or co-owned by applicant:</text> <paragraph num="(1)"> <text>To renew the vehicle registration;</text> </paragraph> <paragraph num="(2)"> <text>To transfer the vehicle registration;</text> </paragraph> <paragraph num="(3)"> <text>To issue a replacement tag;</text> </paragraph> <paragraph num="(4)"> <text>To issue a substitute set of tags; or</text> </paragraph> <paragraph num="(5)"> <text>To issue a substitute set of registration stickers; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>For the applicant’s driver’s license:</text> <paragraph num="(1)"> <text>To renew the driver’s license; or</text> </paragraph> <paragraph num="(2)"> <text>To renew the driver’s license with correction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Proposed Action."> <text>The Administration shall advise the applicant:</text> <paragraph num="A."> <text>That the registration renewal or transfer of any vehicle owned by the applicant and the renewal of the applicant’s driver's license will be refused; and</text> </paragraph> <paragraph num="B."> <text>That the individual or entity must contact the Comptroller or MDL to resolve any questions regarding undisputed taxes and unemployment insurance contributions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Reinstatement."> <paragraph num="A."> <text>The Administration shall continue to refuse the transactions as set forth in Regulation .04 of this chapter for an applicant who has failed to pay undisputed taxes and unemployment insurance contributions, until the Administration receives evidence from the Comptroller or MDL that all tax liabilities and unemployment insurance contribution liabilities have been released.</text> </paragraph> <paragraph num="B."> <text>The Comptroller or MDL shall notify the Administration on the next business day, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland, when satisfactory arrangements have been made to pay undisputed taxes and unemployment insurance contributions.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)</annotation> </annotations> </chapter> <chapter num="16" heading="Expungement of Public Motor Vehicle Administration Records"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to set standards and procedures for the expungement of a public driving record by the Motor Vehicle Administration, as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Expungement of a Public Driving Record."> <paragraph num="A."> <text>The public driving record entries of a licensee that are eligible for expungement shall be expunged within 31 days of becoming eligible for expungement.</text> </paragraph> <paragraph num="B."> <text>Suspensions related to driver safety and revocations shall delay a licensee’s eligibility for expungement as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Administration has determined that:</text> <paragraph num="(1)"> <text>The following driver’s license suspensions are not related to driver safety and become eligible for expungement 1 year after the suspension period ends:</text> <paragraph num="(a)"> <text>Upon death of a co-signer, as set forth in Transportation Article, §16-109, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Failure to pay Child Support, as set forth in Transportation Article, §16-203, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>Outstanding Arrest Warrant, as set forth in Transportation Article, §16-204, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(d)"> <text>Nonpayment of judgment, as set forth in Transportation Article, §17-204, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(e)"> <text>Dispensing of motor fuel into a dirt bike in Baltimore City, as set forth in Transportation Article, §21-1128, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(f)"> <text>Failure to appear or comply, as set forth in Transportation Article, §26-204, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(g)"> <text>Failure to pay, as set forth in Transportation Article, §27-103, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(h)"> <text>Possession of alcohol by a minor, as set forth in Criminal Law, §10-114 and Courts and Judicial Proceedings, §3-8A-19;</text> </paragraph> <paragraph num="(i)"> <text>Failure to pay for motor fuel, as set forth in Criminal Law, §7-104 and Transportation Article, §16-206.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(j)"> <text>Improper use of a driver’s license or identification card by a minor to obtain alcohol, as set forth in Criminal Law Article, §10-113 and Courts and Judicial Proceedings Article, §3-8A-19, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(k)"> <text>Noncompliance with traffic citation issued under federal law, as set forth in Transportation Article, §26-206 and Nonpayment of fine, as set forth in Transportation Article, §27-103, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(l)"> <text>Rejection by Maryland Automobile Insurance Fund, as set forth in Transportation Article, §17-105, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Driver license suspensions not listed under §C(1) of this regulation are related to driver safety.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Refusal to Expunge a Public Driving Record."> <paragraph num="A."> <text>The Administration shall not expunge the public driving record entries of a licensee who:</text> <paragraph num="(1)"> <text>Is currently:</text> <paragraph num="(a)"> <text>Refused;</text> </paragraph> <paragraph num="(b)"> <text>Canceled;</text> </paragraph> <paragraph num="(c)"> <text>Suspended; or</text> </paragraph> <paragraph num="(d)"> <text>Revoked;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Has a pending:</text> <paragraph num="(a)"> <text>Refusal;</text> </paragraph> <paragraph num="(b)"> <text>Cancellation;</text> </paragraph> <paragraph num="(c)"> <text>Suspension; or</text> </paragraph> <paragraph num="(d)"> <text>Revocation;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Has a restricted license in lieu of a driver safety related suspension; or</text> </paragraph> <paragraph num="(4)"> <text>The Administration has determined has not driven a motor vehicle on the highways during the particular conviction-free period on which the expungement is based.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall not expunge certain driving records entries, pursuant to Transportation Article, §16-117.1(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Administration shall not expunge any driving record entries relating to a commercial driver’s license before the expiration of the time they are required to be retained under Transportation Article, §16-819, Annotated Code of Maryland, and in accordance with 49 CFR 384.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-117.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective October 19, 2020 (47:21 Md. R. 903)</annotation> </annotations> </chapter> </subtitle> <subtitle num="12" heading="Motor Vehicle Administration — Licensing of Businesses and Occupations"> <chapter num="01" heading="Dealers and Salesmen"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Advertising” means any oral, written, or graphic statement which offers vehicles for sale or which indicates the availability of vehicles, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radio or television, and in or on any notice, sign, billboard, poster, bill catalog, letter, or business card.</text> </paragraph> <paragraph num="(3)"> <text>“Business license” means a license issued by the Administration under Transportation Article, Title 15, Subtitles 2—3, 5, and 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Clear and conspicuous” means a statement, representation, or term differing from other statements, representations, or terms being made so as to be readily noticeable to the person to whom it is being disclosed either by its size, sound, length of time, color, placement in the advertisement, or the like.</text> </paragraph> <paragraph num="(5)"> <text>“Consumer goods” means, as referred to in these regulations, a vehicle offered for retail sale for use by individuals primarily for personal, family, or household purposes.</text> </paragraph> <paragraph num="(6)"> <text>“Dealer” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Dealer cost” means the total amount the dealer is invoiced by the manufacturer for a vehicle.</text> </paragraph> <paragraph num="(8)"> <text>“Demonstrator” means a vehicle:</text> <paragraph num="(a)"> <text>Of the current or preceding model year for which a title has not been issued;</text> </paragraph> <paragraph num="(b)"> <text>Which has been:</text> <paragraph num="(i)"> <text>Used solely by the employees, officers, or principals of the dealer, manufacturer, or distributor; or</text> </paragraph> <paragraph num="(ii)"> <text>Driven for purposes of customer road testing;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Which has been driven more than 500 miles, excluding dealer exchange mileage; and</text> </paragraph> <paragraph num="(d)"> <text>Which has never been sold to a retail customer, subject to §K of regulation .14 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Licensee” means an individual or business entity licensed by the Administration under Transportation Article, Title 15, Subtitles 2—6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Location” means the fixed location from which business activities are conducted and that is specified in the application for the business license.</text> </paragraph> <paragraph num="(11)"> <text>“Occupational license” means a vehicle salesman’s license issued by the Administration under Transportation Article, Title 15, Subtitle 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Rebate, cash rebate, or other similar phrases” means a deduction granted by a dealer or manufacturer from an amount a purchaser pays to a dealer, or a return by a dealer or manufacturer of part of an amount given in payment by a purchaser to a dealer after a sale of a vehicle has been consummated.</text> </paragraph> <paragraph num="(13)"> <text>“Representative” means an employee of the business who acts on behalf of the licensee.</text> </paragraph> <paragraph num="(14)"> <text>“Service provider” has the meaning stated in Transportation Article, §13-610, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Vehicle salesman” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Dealer License."> <paragraph num="A."> <text>The Administration may refuse to grant a license to any person as a dealer or may suspend, revoke, or refuse to continue the license of a dealer already issued, unless the dealer is meeting the requirements set forth in this chapter.</text> </paragraph> <paragraph num="B."> <text>A person applying for a dealer license shall submit the application in a format prescribed by the Administration, along with the fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="C."> <text>The business application for license shall state the full business name and all “trading as” or “doing business as” names. Example: ABC Pontiac—GMC—Nissan—Volvo, Inc.; T/A ABC Volvo, T/A ABC Nissan, T/A ABC Pontiac—GMC.</text> </paragraph> <paragraph num="D."> <text>A licensee may not do business in a name or under any title or designation other than as registered with the Department of Assessment and Taxation (SDAT) and stated on the license application.</text> </paragraph> <paragraph num="E."> <text>A dealer may hold multiple licenses, for example, new or used vehicle, motorcycle, and trailer dealers’ licenses, provided that the licenses are issued in the same dealership name.</text> </paragraph> <paragraph num="F."> <text>A dealer license shall be issued for a 3-year period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Location Requirements."> <paragraph num="A."> <text>The Administration reserves the right to inspect each location before approval of application for dealer registration and at any time during licensure period.</text> </paragraph> <paragraph num="B."> <text>Following approval of the application, the location shall be maintained in accordance with the applicable provisions of Transportation Article, Annotated Code of Maryland, and the regulations promulgated by the Administration.</text> </paragraph> <paragraph num="C."> <text>Only one license for the type of vehicle being offered for sale will be permitted at any one location, and once the location has been licensed, it may not be subdivided for the purpose of establishing other businesses, under separate licenses for the same type of vehicle being offered for sale, without the prior approval of the Administration. This prohibition also applies to a licensee doing business under more than one corporate structure.</text> </paragraph> <paragraph num="D."> <text>The dealership shall face, adjoin, and be fully visible from an improved street or highway that is accessible to the public and that is identifiable by name or postal number. The street or highway shall be used by the public for vehicular travel.</text> </paragraph> <paragraph num="E."> <text>The location shall be of a size to adequately and safely permit the display of a minimum of ten vehicles and space for customer parking.</text> </paragraph> <paragraph num="F."> <text>The location shall meet local zoning regulations.</text> </paragraph> <paragraph num="G."> <text>The location shall be fully lighted.</text> </paragraph> <paragraph num="H."> <text>The display and customer parking areas shall be adequately surfaced with an appropriate covering, subject to approval by the Administration.</text> </paragraph> <paragraph num="I."> <text>The additional locations shall be inspected and approved by the Administration.</text> </paragraph> <paragraph num="J."> <text>Additional locations shall meet the minimum standards set forth in applicable provisions of the Transportation Article, Annotated Code of Maryland, and the regulations promulgated by the Administration.</text> </paragraph> <paragraph num="K."> <text>Additional locations may use registration plates issued to the primary location provided the trade name and ownership are identical to that of the primary location.</text> </paragraph> <paragraph num="L."> <text>Locations shall have posted business hours.</text> </paragraph> <paragraph num="M."> <text>Signs.</text> <paragraph num="(1)"> <text>Appropriate dealership signs shall be permanently affixed.</text> </paragraph> <paragraph num="(2)"> <text>The signs shall be of a size as to make them reasonably legible from the street or highway.</text> </paragraph> <paragraph num="(3)"> <text>The signs shall clearly identify the business conducted at the dealership and shall adequately direct the customers to the dealership office.</text> </paragraph> <paragraph num="(4)"> <text>As to wholesale dealers, a sign is not required. However, if a sign is displayed, it:</text> <paragraph num="(a)"> <text>Shall be permanently displayed at the dealership entrance;</text> </paragraph> <paragraph num="(b)"> <text>May not use any state emblem; and</text> </paragraph> <paragraph num="(c)"> <text>May not contain any language which implies the dealership will sell to or exchange vehicles with a retail buyer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="N."> <text>Wholesale dealers shall operate in a fixed location and the space used shall be:</text> <paragraph num="(1)"> <text>Owned or leased by the wholesale dealer; and</text> </paragraph> <paragraph num="(2)"> <text>Regularly occupied and exclusively used by the wholesale dealer for dealership purposes.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Office Requirements."> <paragraph num="A."> <text>The dealership office shall be housed at the dealer’s fixed location and in a substantial building adequate and appropriate for the business so conducted.</text> </paragraph> <paragraph num="B."> <text>The dealership office shall be of sufficient size to accommodate customers and, in order to reasonably conduct the dealership’s business, shall be equipped with:</text> <paragraph num="(1)"> <text>Office furniture, such as desk and chairs;</text> </paragraph> <paragraph num="(2)"> <text>A secure area for storage of State property; and</text> </paragraph> <paragraph num="(3)"> <text>Electricity, lighting, heat, and telephone service in the name of the dealership.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A dealer licensee approved or renewed after September 30, 2017, shall have a continuing contract with a firm that provides electronic registering and titling services to the dealership.</text> </paragraph> <paragraph num="D."> <text>Be open for business to the public and open for inspection by the Administration during posted business hours.</text> </paragraph> <paragraph num="E."> <text>A current trader’s license shall be issued by the political subdivision of each location.</text> </paragraph> <paragraph num="F."> <text>This license shall be displayed as required under Regulation .07 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Exemptions."> <paragraph num="A."> <text>If a location is otherwise adequate and appropriate, the location requirements outlined in Regulation .03D, E, G, and H of this chapter may be waived for wholesale dealers, for new trailer, boat trailer, motorcycle dealers, and for any person licensed as a dealer to sell only fire, rescue, and emergency medical motor vehicles, who shall have the privilege of assigning manufacturer’s certificates of origin and to issue temporary tags upon filing with the Administration a written franchise agreement from the manufacturer of the vehicles for which the dealer claims a franchise.</text> </paragraph> <paragraph num="B."> <text>Once licensed as a dealer to sell fire, rescue, and emergency medical motor vehicles, the dealer shall be prohibited from selling any types of vehicles other than fire, rescue, and emergency medical motor vehicles until the location requirements in Regulations .03 and .04 of this chapter have been met.</text> </paragraph> <paragraph num="C."> <text>Manufacturers and distributors are exempt from location requirements for the purpose of securing Class 1A registration plates.</text> </paragraph> <paragraph num="D."> <text>The registration of a dealer in the names of two or more persons as partners, or otherwise, may not require a reinspection on a change in ownership as long as one person named as a partner or co-owner remains as the owner, part-owner, or, in a corporation, as one of its legal officers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Dealer’s Bond."> <paragraph num="A."> <text>The dealer’s bond shall be secured from a bonding company licensed to do business in Maryland.</text> </paragraph> <paragraph num="B."> <text>Each applicant shall file with the Administration, in such form as the Administration shall approve, acceptable evidence of a surety bond in the amount required under Transportation Article, §15-308, Annotated Code of Maryland, which is for the use and benefit of the Administration and the public who may suffer or sustain any loss by reason of any violation of Transportation Article, Titles 12—15, 17, and 23, Annotated Code of Maryland, by a dealer.</text> </paragraph> <paragraph num="C."> <text>The bonding company shall give the Administration at least 45 days’ notice by registered or certified mail of the cancellation of the dealer’s bond. Otherwise, the bond is to be considered as being in full force and effect until the notice is received by the Administration.</text> </paragraph> <paragraph num="D."> <text>The bond shall run concurrently with the license period and continue, until cancelled, regardless of the number of license renewal periods.</text> </paragraph> <paragraph num="E."> <text>The dealer shall notify the Administration and the dealer’s bonding company of any change in the factual or material matters represented or set forth in the application for bond.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Display of License and Dealer’s Number."> <text>The dealer’s license shall be displayed conspicuously in the dealer’s place of business. This particular license is issued in addition to regular registration cards which shall accompany dealer registration plates. Additional licenses may be issued at no cost for each additional approved location, and each license shall be conspicuously displayed in the respective office for which it is issued.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Voluntary Cancellation or Termination of a Franchise."> <paragraph num="A."> <text>Upon voluntary cancellation or termination of franchise on the part of the dealer, licenses and registration plates shall be immediately returned to the Administration. However, the Administration may grant an extension, upon presentation of documentation acceptable to the Administration, for the purpose of concluding any business of the dealership regarding the disposition of the existing inventory.</text> </paragraph> <paragraph num="B."> <text>The dealer shall continue to comply with the surety bond requirements of Transportation Article, §15-205, Annotated Code of Maryland, for any approved extension period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Duplicate License."> <text>If a dealer’s license becomes lost, mutilated, or illegible, the dealer shall make prompt application to the Administration for the issuance of a duplicate license. Application shall be made in a format prescribed by the Administration, accompanied by required fees as set forth in COMAR 11.11.05.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Records."> <paragraph num="A."> <text>Records of the dealer business activities shall be preserved in their original form or a format approved by the Administration for a period of time as required by Transportation Article, §15-105, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The records shall be accessible at the location approved by the Administration. If location is other than the licensed location, an electronic or other copy must be maintained at the licensed location and consist of but not be limited to:</text> <paragraph num="(1)"> <text>Transactions regarding purchases, sales, and transfers of ownership, including those conducted with other licensed dealers and salesmen;</text> </paragraph> <paragraph num="(2)"> <text>Collection of excise tax, titling, and registration fees;</text> </paragraph> <paragraph num="(3)"> <text>Perpetual inventory of temporary registration plates, certificates, and registration permits assigned to and issued by the dealer. These records shall document the following:</text> <paragraph num="(a)"> <text>Accounting of temporary registration plates, certificates and permits issued; and</text> </paragraph> <paragraph num="(b)"> <text>An accounting of temporary registration plates, certificates and permits voided including an explanation of the reason for void;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An assigned title for each untitled vehicle in the dealer’s inventory; and</text> </paragraph> <paragraph num="(5)"> <text>While the vehicle is in the possession of prospective retail customers, records documenting the:</text> <paragraph num="(a)"> <text>Name of each prospective retail customer of the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Beginning and ending odometer reading of the vehicle for the period each prospective retail customer had possession of the vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>Dealer tag number of interchangeable plate displayed on the vehicle.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Issuance of Temporary 60-Day Registration Permits."> <paragraph num="A."> <text>Each dealer shall electronically make application to the Administration for the temporary 60-day registration permits. Dealers may issue, on the date of delivery, one temporary 60-day registration permit to purchasers of vehicles, who possesses current registration plates issued to another vehicle under the laws of this State provided the registration plates are transferable pursuant to the provisions of the Transportation Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A dealer shall ensure that motor vehicle liability insurance is in effect before issuing a temporary 60-day registration permit.</text> </paragraph> <paragraph num="C."> <text>If the Administrator finds that the dealer is not complying with the provisions of these regulations or the directives of the Administration, the Administrator may disable the rights of a dealership to issue temporary 60-day registration permits.</text> </paragraph> <paragraph num="D."> <text>A person to whom a temporary 60-day registration permit has been issued shall permanently destroy the temporary 60-day registration permit immediately upon receiving the transfer registration card covering the annual registration plates, or on the 60th day from the date of issue of the temporary 60-day registration permit, whichever comes first.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Issuance of 60-Day Temporary Registration Plates."> <paragraph num="A."> <text>The Administration may authorize 60-day temporary registration plates to a dealer after proper electronic application in a format prescribed by the Administration and payment of the required fees as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="B."> <text>Dealers may issue one 60-day temporary registration plate to a purchaser of a vehicle. Temporary registration plates may be issued on the date of delivery in those instances when delivery occurs on a date after the date of sale. The date of delivery as well as the date of sale shall be clearly reflected on the contract. The 60-day temporary registration certificate shall be signed by the person entitled to receive the plate and by the dealer or the dealer’s authorized agent.</text> </paragraph> <paragraph num="C."> <text>A dealer shall ensure that motor vehicle liability insurance is in effect before issuing a 60-day temporary registration plate.</text> </paragraph> <paragraph num="D."> <text>If a temporary registration plate is issued to commercial vehicles, the gross weight of the vehicles operating upon the temporary registration plate shall be:</text> <paragraph num="(1)"> <text>The allowable gross weight designated on the application for permanent plates; or</text> </paragraph> <paragraph num="(2)"> <text>If an application for permanent plates has not been submitted to the Administration, the maximum gross weight allowable for that vehicle.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the Administrator finds that the dealer is not complying with the provisions of these regulations or the directives of the Administration, the Administrator may disable the rights of a dealership to issue temporary 60-day registration plates.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Salesman’s Licensing."> <paragraph num="A."> <text>Applications for a salesman’s license shall be furnished to the Administration by a licensed dealer.</text> </paragraph> <paragraph num="B."> <text>A vehicle salesman may not obtain or the Administration may not issue a license under the provisions of the Transportation Article, Annotated Code of Maryland, unless the salesman complies with the requirements set forth in Transportation Article, Title 13 and Title 15, Annotated Code of Maryland and the requirements contained in these regulations, and pays the required fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="C."> <text>A salesman shall buy and sell motor vehicles only for the dealer indicated upon the salesman’s license and may not be licensed by more than one licensed dealer at a given time except that a salesman licensed to act at a:</text> <paragraph num="(1)"> <text>New or used car dealership may act as a vehicle salesman at any new or used dealership that is at least 60 percent owned by the licensed dealer indicated on the salesman’s license; or</text> </paragraph> <paragraph num="(2)"> <text>Wholesale vehicle dealership may act as a vehicle salesman at any wholesale dealership that is at least 60 percent owned by the licensed wholesale dealer indicated on the salesman’s license.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The salesman’s license shall be in the possession of the salesman when the salesman is buying or selling motor vehicles and shall be displayed upon request.</text> </paragraph> <paragraph num="E."> <text>A salesman shall immediately contact the Administration if there is any factual or material change in the information stated in the salesman’s license.</text> </paragraph> <paragraph num="F."> <text>If a license becomes lost, mutilated, illegible, the salesman shall promptly make application to the Administration for the issuance of a duplicate or corrected license, as the case may be. Application shall be made on forms to be supplied by the Administration accompanied by required fees, as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="G."> <text>A dealer shall notify the Administration of a salesmen’s termination of employment as a salesmen, as set forth in Subtitle 15, Transportation Article, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>Upon termination of employment the salesman shall return any applicable license to the Administration immediately.</text> </paragraph> <paragraph num="I."> <text>If a salesman transfers employment to another dealership, a corrected license shall be issued upon receipt of a properly completed application, the fee as set forth in COMAR 11.11.05, and the invalid license.</text> </paragraph> <paragraph num="J."> <text>Criminal Background Check.</text> <paragraph num="(1)"> <text>Upon application for issuance and renewal of a Salesman license an applicant shall furnish the Administration with an official copy of their criminal history record from the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services. The criminal history record shall be dated within 30 days of the submission date.</text> </paragraph> <paragraph num="(2)"> <text>In addition to the other grounds specified in Transportation Article, Title 15 Subtitle 1, Annotated Code of Maryland, for refusal, suspension, or revocation of a license, the Administration may refuse to grant a salesman’s license to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:</text> <paragraph num="(a)"> <text>The person has been convicted by final judgment in any court of a crime of moral turpitude; or</text> </paragraph> <paragraph num="(b)"> <text>The vehicle sales transactions of the person have been marked by a practice of failure to perform contracts or by fraud or bad faith.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An applicant or salesman who requests an administrative hearing for a violation under paragraph (2)(a) above may:</text> <paragraph num="(a)"> <text>Contest whether the applicant or salesman has been convicted by final judgment in any court of a crime of moral turpitude; and</text> </paragraph> <paragraph num="(b)"> <text>Produce evidence to establish convincing proof of the applicant or salesman’s full and complete rehabilitation, and appropriateness for licensure.</text> </paragraph> </paragraph> </paragraph> <paragraph num="K."> <text>Suspension of Salesman’s License.</text> <paragraph num="(1)"> <text>A salesman’s license shall be suspended by the Administration upon notification by the Department of Human Services, Child Support Enforcement Administration, that the salesman license holder’s failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall immediately reinstate any salesman’s license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the suspension should be withdrawn.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Dealers’ Advertising and Trade Practices."> <paragraph num="A."> <text>Presentation Requirements.</text> <paragraph num="(1)"> <text>A dealer may not advertise in any manner that is false, deceptive, or misleading or that misrepresents any vehicle offered for sale.</text> </paragraph> <paragraph num="(2)"> <text>Advertisements for the sale of new and used vehicles shall clearly and conspicuously identify the dealership by the corporate name or trade name as it appears on the application for dealer’s license.</text> </paragraph> <paragraph num="(3)"> <text>Advertising statements shall clearly identify the vehicle by manufacturer-designated year, make and model, type, equipment, price, trade-in allowance, terms or other claims. Terms or claims shall be factual and presented clearly and conspicuously.</text> </paragraph> <paragraph num="(4)"> <text>The use of layout, headlines, illustrations, style, sound, length of time, lighting, color, or type of size of an advertisement, or all of the above, may not obscure or make misleading any material fact in advertisement or sales presentation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Price and Vehicle Identification.</text> <paragraph num="(1)"> <text>When the price of a vehicle is quoted, the advertisement shall clearly identify the vehicle as to, including but not limited to, make, year, model and special equipment. A price may not be quoted unless the vehicle or vehicles identified in the advertisement are currently available for sale to the public at the quoted price.</text> </paragraph> <paragraph num="(2)"> <text>The advertised price shall:</text> <paragraph num="(a)"> <text>Be the full delivered cash price, which the customer shall pay, except for taxes and title fees; and</text> </paragraph> <paragraph num="(b)"> <text>In the case of new vehicles, include any dealer processing charge and freight charge, unless the dealer clearly and conspicuously discloses the amount of these charges in the advertisement as required by Transportation Article, §15-311.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Freight and dealer preparation charges may be excluded from manufacturer’s national advertising campaigns. However, the advertisement shall clearly and conspicuously disclose this fact.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Comparative Price and Savings Claims.</text> <paragraph num="(1)"> <text>Retail advertising may not imply that the dealer has a special relationship or connection to the manufacturer that other dealers do not have. Terms such as “wholesale”, “factory sale”, “factory discount”, “factory outlet”, “factory branch”, and similar terms used in connection with the manufacturer’s name (such as “manufacturer’s outlet”) are examples of terms that imply that a dealer has a special relationship or connection to a manufacturer that other dealers do not have.</text> </paragraph> <paragraph num="(2)"> <text>Statements such as “as low as”, “from”, or “priced from” may not be used in connection with the purchase price unless at least one vehicle is specifically identified and the requirements of §B of this regulation are complied with.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Advertising, Shipping, and Selling Practices.</text> <paragraph num="(1)"> <text>A vehicle offered for sale as consumer goods at a specific price by a dealer shall be in the possession of the dealer advertiser or be available for shipment to the dealer from the manufacturer or distributor. The vehicle shall be shown, demonstrated, and sold, or if a new vehicle, orders shall be taken for future delivery of the identical model at the advertised price and terms. If the advertised vehicle is a used vehicle, and it has been sold as consumer goods, the dealer advertiser shall substantiate, upon request, sales records of the previously advertised vehicle.</text> </paragraph> <paragraph num="(2)"> <text>A dealer offering a vehicle for sale as consumer goods may not charge the customer a fee for shipment of a used vehicle that is not available on the premises unless the shipping fee is clearly and conspicuously disclosed on a separate form entitled ‘Payment of a Non-Refundable Shipping Fee’, before the customer becomes obligated to pay the fee, on a form with signature of the customer using the language, “I UNDERSTAND THAT THE VEHICLE IS NOT PHYSICALLY PRESENT ON THE PREMISES AT THIS DEALER LOCATION AND WILL HAVE TO BE SHIPPED FROM ANOTHER LOCATION. EXCEPT AS PROVIDED BELOW IN ITEMS (A) THROUGH (D), I AGREE TO PAY THE SPECIFIED AMOUNT (INSERT SPECIFIED FEE), NOT TO EXCEED THE ACTUAL AMOUNT INCURRED BY THE DEALERSHIP AS A SHIPPING FEE, WHETHER OR NOT I AGREE TO PURCHASE THE VEHICLE. I UNDERSTAND THAT THIS FEE IN NO WAY OBLIGATES ME TO PURCHASE THE VEHICLE UPON DELIVERY. I UNDERSTAND THAT THIS FEE IS REFUNDABLE UNDER CERTAIN CIRCUMSTANCES LISTED BELOW:</text> <paragraph num="(a)"> <text>The Vehicle is materially different than advertised;</text> </paragraph> <paragraph num="(b)"> <text>The vehicle contains undisclosed cosmetic damage or mechanical deficiency that the seller will not repair at the seller’s expense;</text> </paragraph> <paragraph num="(c)"> <text>The vehicle contains undisclosed cosmetic damage or mechanical deficiency to the extent that it impacts the retail value classification of the vehicle prior to repairs being made as determined by referencing a nationally recognized vehicle value guide irrespective of the seller making repairs at the seller’s expense; or</text> </paragraph> <paragraph num="(d)"> <text>The vehicle or delivery violates any other provision of federal or state law.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Nothing in this section precludes the fee being financed with the sale of the vehicle if the customer elects to purchase the vehicle.</text> </paragraph> <paragraph num="(4)"> <text>Payment of the shipping fee does not obligate the customer to accept and purchase the vehicle in any way.</text> </paragraph> <paragraph num="(5)"> <text>The shipping fee must be refunded if the vehicle:</text> <paragraph num="(a)"> <text>Is materially different than advertised;</text> </paragraph> <paragraph num="(b)"> <text>Contains undisclosed cosmetic damage or a mechanical deficiency that the seller will not repair at the seller’s expense;</text> </paragraph> <paragraph num="(c)"> <text>Contains undisclosed cosmetic damage or a mechanical deficiency to the extent that it impacts the retail value classification of the vehicle prior to repairs being made as determined by referencing a nationally recognized vehicle value guide irrespective of the seller making repairs at the seller’s expense; or</text> </paragraph> <paragraph num="(d)"> <text>The vehicle or delivery violates any other provision of federal or State law.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The dealer shall inform the customer of the right to make a complaint with the Administration through use of the Investigative Decision Complaint Form if the customer elects not to purchase the vehicle or returns the vehicle and disagrees with a decision to not issue a refund for shipping charges.</text> </paragraph> <paragraph num="(7)"> <text>The practice of increasing the selling price of a vehicle above that originally quoted to a purchaser, after the purchaser has made an initial deposit or payment, either with money or with a trade-in, or signed contract is prohibited, unless the price is increased by the manufacturer. In this case, the dealer shall substantiate, upon request, evidence of the increase, and the customer shall have the right to cancel the contract.</text> </paragraph> <paragraph num="(8)"> <text>Advertising a vehicle at a price which does not include equipment with which it is fitted or is ordinarily fitted or eliminating any equipment for the purpose of advertising a low price and baiting the customer into charges above the advertised price is prohibited.</text> </paragraph> <paragraph num="(9)"> <text>Advertising the immediate availability of a new vehicle with the intent not to supply reasonable expectable public demand is prohibited unless the advertisement discloses a specific limitation of quantity.</text> </paragraph> <paragraph num="(10)"> <text>Advertising a sale or promotion in connection with the sale of a vehicle shall clearly and conspicuously disclose the expiration date, if any, and any other conditions of the sale or promotion, including but not limited to whether the supply is limited and, if so, in what manner.</text> </paragraph> <paragraph num="(11)"> <text>The advertising of a specific vehicle offered for sale when the advertised vehicle is not in stock on the date of the advertisement is prohibited unless the advertisement states “Not in Stock” or “Order Yours Now” or other phrases of similar import which clearly indicate that the vehicle is not available for immediate delivery and a reasonable estimate of the period of time in which delivery will be made.</text> </paragraph> <paragraph num="(12)"> <text>A dealer is not obligated to refund the shipping fee if the vehicle has been accepted by the customer and the customer has not revoked acceptance within a reasonable period of time.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Down Payments, Credit Terms.</text> <paragraph num="(1)"> <text>The amount of the down payment, or the balance after the down payment, may not be stated in such a manner as to permit the impression that it is the selling price of the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The statement “no money down”, or other similar phrases, means that the advertiser will deliver the vehicle, so described, to the purchaser without any initial payment or other initial obligation in any manner other than negotiating a lien contract for the advertised purchase price.</text> </paragraph> <paragraph num="(3)"> <text>The phrases “no finance charge”, “no carrying charge”, or expressions of similar phrases, may not be used when there is any type of a charge for financed transactions.</text> </paragraph> <paragraph num="(4)"> <text>Advertising shall comply with Regulation Z of the Federal Truth in Lending Act and Federal Trade Commission Act.</text> </paragraph> <paragraph num="(5)"> <text>Advertisements which offer special annual percentage rate financing shall disclose any special conditions or terms which shall be met before the annual percentage rate applies.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Discounts, Savings, Rebates, Trade-In Allowances.</text> <paragraph num="(1)"> <text>Advertisement statements which offer discounts, savings, rebates, and guaranteed trades shall:</text> <paragraph num="(a)"> <text>Include the original price as well as the full delivered cash price, which the customer shall pay, except for taxes and title fees; and</text> </paragraph> <paragraph num="(b)"> <text>In the case of new vehicles, the full delivered cash price shall include any dealer processing charge and freight charge, unless the dealer clearly and conspicuously discloses the amount of these charges in the advertisement as required by Transportation Article, §15-311.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A specific price may not be stated in an advertisement as an offer for a trade-in, if the price so stated is contingent upon the condition, model, or age of the prospective buyer vehicles, without so stating in the advertisement. The use of phrases such as “up to” and “as much as” may not be considered as adequate explanation.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Repossessions. The term “repossessed” shall be used only to describe those vehicles legally repossessed as a result of failure of an owner to fulfill the conditions of a lien contract. Advertisers offering repossessed vehicles for sale, upon request, shall offer proof of the repossessions. The amount quoted as an unpaid balance shall be the full selling price unless otherwise stated.</text> </paragraph> <paragraph num="H."> <text>Demonstrator Vehicle.</text> <paragraph num="(1)"> <text>Demonstrator vehicles are considered used vehicles if they have been driven for more than 7,500 miles.</text> </paragraph> <paragraph num="(2)"> <text>The term “new” may not be used as an adjective in the direct description of a demonstrator or used vehicle.</text> </paragraph> <paragraph num="(3)"> <text>Except as otherwise provided in §H(5) of this regulation, a dealer shall use the term “demonstrator” when advertising vehicles which meet the definition of that term as found in Regulation .01B(8) of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>Before the sale of a demonstrator vehicle, the dealer shall provide to the retail customer a written disclosure in 10-point type, and separate from the purchase contract document, which states: “THIS VEHICLE IS A DEMONSTRATOR VEHICLE. IT IS A VEHICLE WHICH HAS BEEN USED BY THE EMPLOYEES, OFFICERS OR PRINCIPALS OF THE DEALER, MANUFACTURER OR DISTRIBUTOR, OR FOR CUSTOMER ROAD TESTING. FEDERAL LAW REQUIRES A BUYER’S GUIDE TO BE ATTACHED TO THE SIDE WINDOW OF THIS VEHICLE. YOU ARE WELCOME TO INQUIRE AS TO THE SPECIFIC USAGE OF THE VEHICLE FROM THE DATE OF ITS DELIVERY TO THE DEALER. YOU ARE ALSO WELCOME TO CONDUCT WHATEVER INSPECTION YOU DEEM APPROPRIATE PRIOR TO ENTERING INTO AN AGREEMENT TO PURCHASE THE VEHICLE.”</text> </paragraph> <paragraph num="(5)"> <text>A vehicle which has been a demonstrator shall be advertised as a used vehicle once it has accumulated mileage in excess of 7,500 miles, and the term “demonstrator” may not be used as an adjective in the direct description of the vehicle. However, these vehicles are not required to be registered or titled before transfer to a retail customer.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Disclosure of Vehicle Condition.</text> <paragraph num="(1)"> <text>A dealer shall notify the manufacturer of the existence of a nonconformity, defect, or condition as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland, and shall send a copy of the notification to the Administration as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>If a motor vehicle is returned to a manufacturer or factory branch under Commercial Law Article, Title 14, Subtitle 15, Automotive Warranty Enforcement Act, the manufacturer or factory branch shall, upon transfer to a dealer, disclose this information to the dealer. The disclosure shall:</text> <paragraph num="(a)"> <text>Be in writing on a separate piece of paper in 10-point, all capital type; and</text> </paragraph> <paragraph num="(b)"> <text>State in a clear and conspicuous manner:</text> <paragraph num="(i)"> <text>That the vehicle was returned to the manufacturer or factory branch;</text> </paragraph> <paragraph num="(ii)"> <text>The nature of the defect, if any; and</text> </paragraph> <paragraph num="(iii)"> <text>The condition of the vehicle at the time it was transferred to the dealer.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a vehicle which has been returned to a manufacturer or factory branch is made available for resale by a dealer, the dealer shall provide a copy of the disclosure described in §I(2) of this regulation to the potential purchaser before the sale.</text> </paragraph> <paragraph num="(4)"> <text>After the vehicle is sold, the dealer shall send a copy of the disclosure described in §I(2) of this regulation, signed by the vehicle’s purchaser, to the Administration with the application of title.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Vehicle Damage Disclosure.</text> <paragraph num="(1)"> <text>If, before consummating the sale of a vehicle which has never been titled, the vehicle has sustained either body damage or mechanical damage resulting in repairs which exceed 3 percent of the Manufacturer Suggested Retail Price, the dealer shall fully disclose this information in writing to the prospective purchaser. The following apply:</text> <paragraph num="(a)"> <text>The disclosure shall specify who is providing warranty coverage on the replacement parts; and</text> </paragraph> <paragraph num="(b)"> <text>The dealer shall disclose any damage which may affect the:</text> <paragraph num="(i)"> <text>Manufacturer’s warranty;</text> </paragraph> <paragraph num="(ii)"> <text>Life expectancy of the vehicle; or</text> </paragraph> <paragraph num="(iii)"> <text>Safety of the vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon request of the prospective purchaser or purchasers, the dealer shall provide a copy of the repair order illustrating the extent of repairs conducted to repair the damage.</text> </paragraph> <paragraph num="(3)"> <text>If a manufacturer or distributor transfers a vehicle which has never been titled to a dealership, the manufacturer or distributor shall disclose the information contained in §I(2) of this regulation to the dealership, if applicable.</text> </paragraph> </paragraph> <paragraph num="K."> <text>A vehicle which has never been titled, but which has been previously delivered to a customer, may be subsequently sold as a new vehicle if the:</text> <paragraph num="(1)"> <text>Vehicle has not been used in a manner so as to destroy its newness; and</text> </paragraph> <paragraph num="(2)"> <text>Buyer is advised, in writing, of:</text> <paragraph num="(a)"> <text>The number of persons to whom the vehicle was previously delivered;</text> </paragraph> <paragraph num="(b)"> <text>The mileage accumulated on the vehicle while it was in the possession of each prior customer;</text> </paragraph> <paragraph num="(c)"> <text>The reason the prior customers returned the vehicle to the dealer;</text> </paragraph> <paragraph num="(d)"> <text>Any other information required by this regulation or any other State or federal law; and</text> </paragraph> <paragraph num="(e)"> <text>A written disclosure in 10-point type and separate from the purchase contract document which states: “PART OR ALL OF THE MILEAGE ON THE ODOMETER OF THIS VEHICLE RESULTED FROM PREVIOUS DELIVERY TO A RETAIL PURCHASER WHO NEVER TOOK TITLE TO THE VEHICLE. FEDERAL LAW REQUIRES A BUYER’S GUIDE TO BE ATTACHED TO THE SIDE WINDOW OF THIS VEHICLE. YOU ARE WELCOME TO INQUIRE AS TO THE SPECIFIC USAGE OF THE VEHICLE FROM THE DATE OF ITS DELIVERY TO THE DEALER. YOU ARE ALSO WELCOME TO CONDUCT WHATEVER INSPECTION YOU DEEM APPROPRIATE PRIOR TO ENTERING INTO AN AGREEMENT TO PURCHASE THE VEHICLE.”</text> </paragraph> </paragraph> </paragraph> <paragraph num="L."> <text>Disclosure of Former Vehicle Use.</text> <paragraph num="(1)"> <text>Vehicles formerly used for a purpose other than a consumer good shall be clearly and conspicuously identified as to their former use. This includes, but is not limited to, vehicles formerly used:</text> <paragraph num="(a)"> <text>For public or governmental purposes and normally driven by multiple drivers;</text> </paragraph> <paragraph num="(b)"> <text>As executive driven vehicles;</text> </paragraph> <paragraph num="(c)"> <text>As demonstrators;</text> </paragraph> <paragraph num="(d)"> <text>For driver training;</text> </paragraph> <paragraph num="(e)"> <text>As taxicabs; or</text> </paragraph> <paragraph num="(f)"> <text>As short-term rental vehicles.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The word “commercial”, or similar ambiguous terms, may not be used to describe these vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Vehicle Sales Contracts."> <paragraph num="A."> <text>Contracts. A vehicle sales contract or agreement shall be evidenced by an instrument in writing containing all of the agreements of the parties. It shall be signed by all parties before the seller delivers to the buyer the vehicle covered by the agreement.</text> </paragraph> <paragraph num="B."> <text>Copy of Instrument. At the time the buyer signs the instrument, the seller shall deliver to him an exact copy of it. Until the buyer signs the instrument and receives a copy of it signed by the seller, the buyer or prospective buyer has an unconditional right to cancel the instrument or order and to receive immediate refund of all down payments or deposits made on account of, or in contemplation of, the agreement or order.</text> </paragraph> <paragraph num="C."> <text>Terms of Down Payment.</text> <paragraph num="(1)"> <text>If, under any vehicle sales contract or agreement, the buyer is required to make one or more payments to the seller in addition to any down payments made at the time of the execution of the instrument before the seller is obligated to deliver the goods sold, then the buyer at any time before delivery or tender of the goods by the seller, may cancel the instrument. Thereupon, notwithstanding any provisions of the instrument, the seller shall be obligated to refund to the buyer, within 10 days after notice of the cancellation, an amount equal to at least 90 percent of all payments made by the buyer under the instrument, including any down payment. If the seller has placed an order for special optional equipment, paint, or similar items, or if, at the request of the buyer, the dealer has modified a vehicle which he has in stock, and the vehicle sales contract has been properly signed by all parties attesting to this fact, if the buyer subsequently cancels the contract before delivery or tender of the vehicle, the seller shall refund the down payment within 10 days after notice of the cancellation, less reasonable expenses incurred in the ordering of or the modification of the vehicle. The contract shall clearly disclose that the dealer may retain a portion of the deposit or down payment to cover any reasonable expenses incurred as a result of the cancellation of the contract. When a portion of the down payment or deposit is retained by the seller, the seller shall furnish the buyer with an itemized list reflecting all expenses incurred as a result of the cancellation of the contract. In disputed cases, the Administration shall decide whether the expenses claimed by the seller are reasonable.</text> </paragraph> <paragraph num="(2)"> <text>If, under a vehicle sales contract or agreement, a down payment is made at the time of its execution and the buyer thereby becomes entitled to delivery of the goods before making further payments, then, if the buyer refuses to accept delivery of the goods in accordance with the instrument, all or part of the down payment may be forfeited to the extent provided in the instrument.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Cost of Vehicle to be Set Forth. A contract for the sale of any vehicle by a dealer or salesman shall set forth clearly the principal amount of the cost of the vehicle and all interest or other charges made in connection with the sale of the vehicle.</text> </paragraph> <paragraph num="E."> <text>Brakes. Dealers shall inform the buyer of a trailer in writing that the trailer brakes shall conform to the requirements of Transportation Article, §22-301, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>When a purchase order or agreement includes the amount of trade-in allowance, subject to official acceptance and appraisal, that condition shall be clearly and conspicuously stated on the order or agreement. If the order, including the trade-in allowance, has been officially accepted, the trade-in allowance may not be decreased upon re-appraisal unless the condition of the vehicle has been changed due to accident, failure of or damage to major components, or removal or substitution of equipment or accessories.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Sale of New Vehicles by Used Vehicle Dealers."> <paragraph num="A."> <text>Used vehicle dealers who purchase new vehicles for the purpose of resale shall first have those vehicles titled in this State, paying applicable excise tax based on the purchase price.</text> </paragraph> <paragraph num="B."> <text>Before resale, those vehicles shall be inspected at an authorized inspection facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Warranties."> <paragraph num="A."> <text>A dealer who sells a new motor vehicle in this State shall provide to the purchaser a notice that describes the rights and remedies available to consumers under the Maryland Automotive Warranty Enforcement Act, Commercial Law Article, Title 14, subtitle 15, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The notice in §A of this regulation shall be:</text> <paragraph num="(1)"> <text>Made available by the Motor Vehicle Administration in a format prescribed by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Reproduced by the dealer at the dealer’s cost for reproduction; and</text> </paragraph> <paragraph num="(3)"> <text>Given to the purchaser at the time of the sale or delivery of the motor vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in Commercial Law Article, §2-316.1(4), a warranty may not contain language which specifically disclaims any implied warranty of merchantability or fitness. Examples of prohibited disclaimers are as follows:</text> <paragraph num="(1)"> <text>“This warranty is expressly in lieu of any other warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and any other obligations or liabilities on the seller’s part”, or similar language that could be construed by a consumer to limit his recourse to the terms of express warranties.</text> </paragraph> <paragraph num="(2)"> <text>“This vehicle is being sold as is, without any implied or express warranty of merchantability”, or similar language.</text> </paragraph> <paragraph num="(3)"> <text>“Sold used with 50-50 warranty. The dealer hereby guarantees this vehicle for _____ days after ____________, 20____ with the understanding that necessary repairs made within this period of time will be charged half to the buyer and half to the dealer, of total retail cost of parts and labor used,” or similar language.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Dismantling and Rebuilding."> <paragraph num="A."> <text>If a vehicle is sold for the purpose of dismantling or rebuilding, the term “rebuilding” means the restoring of a salvage vehicle, as set forth in Transportation Article, §13-506(b), Annotated Code of Maryland, or any vehicle which is inoperable due to the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.</text> </paragraph> <paragraph num="B."> <text>If a vehicle is sold for the purpose of dismantling or rebuilding, the dealer may not issue any form of temporary registration permit or temporary plate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Odometer Fraud."> <paragraph num="A."> <text>A dealer may not transfer a vehicle which contains an odometer reading which does not reflect the actual mileage of the vehicle unless the dealer truthfully informs the transferee in writing:</text> <paragraph num="(1)"> <text>That the odometer reading is not the actual mileage of the vehicle and should not be relied upon;</text> </paragraph> <paragraph num="(2)"> <text>That the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle;</text> </paragraph> <paragraph num="(3)"> <text>That the odometer was repaired or replaced while in the dealer’s possession;</text> </paragraph> <paragraph num="(4)"> <text>That the repaired or replacement odometer was incapable of registering the same mileage as the odometer before repair or replacement;</text> </paragraph> <paragraph num="(5)"> <text>That the odometer was reset to zero; or</text> </paragraph> <paragraph num="(6)"> <text>Of the last known accurate odometer reading.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A dealer shall inform the transferee in writing if the dealer knows that the odometer in the vehicle has been altered, set back, disconnected, repaired, or replaced.</text> </paragraph> <paragraph num="C."> <text>If the information concerning the odometer for a motor vehicle sold by a dealer is in error under §§A and B of this regulation, the dealer may not be subject to administrative disciplinary action if the dealer did not know, or could not have discovered with reasonable diligence, that the odometer reading or the information provided was incorrect.</text> </paragraph> <paragraph num="D."> <text>In determining the degree of administrative disciplinary action for violating §A or B, the Administration shall consider whether the dealer accepts return of the vehicle from the transferee and refunds to the transferee the full purchase price including all excise tax, license fees, registration fees, and any similar governmental charges and any costs incurred by the transferee for repairs resulting from the excess mileage, less:</text> <paragraph num="(1)"> <text>An allowance per mile, as determined by the Internal Revenue Service, for the consumer’s use of the vehicle but not to exceed 15 percent of the purchase price; and</text> </paragraph> <paragraph num="(2)"> <text>A reasonable allowance for damages not attributable to normal wear.</text> </paragraph> </paragraph> <paragraph num="E."> <text>When transferring a motor vehicle, a dealer shall comply with Federal Odometer Requirements, 49 CFR Part 580, as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Use of Interchangeable Dealer Registration Plates."> <paragraph num="A."> <text>In this regulation, “dealer registration plate” means an interchangeable metal license plate used by licensed vehicle dealers, manufacturers, distributors, and factory branches.</text> </paragraph> <paragraph num="B."> <text>Display of Dealer Registration Plates by Licensed Dealers.</text> <paragraph num="(1)"> <text>A dealer registration plate may be displayed on a vehicle owned by a licensed dealer and used mainly for the dealer’s business purposes.</text> </paragraph> <paragraph num="(2)"> <text>A dealer registration plate may be displayed on a vehicle not owned by a licensed dealer, but in the possession of the dealer, if the dealer has the consent of the owner of the vehicle to this use.</text> </paragraph> <paragraph num="(3)"> <text>An owner, partner, or officer of the corporation who is listed on the application for a vehicle dealer’s license or any employee of the dealership may operate a vehicle displaying a dealer registration plate, subject to the other conditions of this regulation.</text> </paragraph> <paragraph num="(4)"> <text>A dealer registration plate may be displayed on a vehicle owned by the dealership and operated by a prospective buyer for demonstration purposes for a period of not more than 10 days, provided the prospective buyer has written authorization from the dealership for any use of the vehicle exceeding 1 day.</text> </paragraph> <paragraph num="(5)"> <text>A dealer registration plate may be displayed on a vehicle owned by the dealership and loaned to an educational institution as set forth in Transportation Article, §13-621, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Issuance of Dealer Registration Plates by the Administration.</text> <paragraph num="(1)"> <text>Dealers may apply to the Administration for the issuance of dealer registration plates.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may issue up to five dealer registration plates to each licensed dealer in addition to two additional registration plates for each licensed salesman, upon payment of the required fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="(3)"> <text>For good cause shown, the Administration may issue additional dealer registration plates upon application of the dealer.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="License Renewal — Staggered Basis."> <paragraph num="A."> <text>Each month during the calendar year, a proportionately uniform number of business licenses and salesmen licenses shall be renewed.</text> </paragraph> <paragraph num="B."> <text>The Administration shall evaluate from time to time the monthly volume of renewals for the purpose of maintaining relatively uniform workloads. The monthly volume of renewals may be rescheduled by applying different expiration months.</text> </paragraph> <paragraph num="C."> <text>Renewals shall be due on or before the last day of the month stated on the license. The license shall be considered suspended if the applicant has not met the requirements, or if the Administration is not in receipt of a properly completed renewal application at the close of business on the last day of the stated renewal month.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Service Provider — Electronic Transmission of Titling and Registration Information."> <paragraph num="A."> <text>Service providers electronically transmitting titling and registration information to the Administration as set forth by Transportation Article, §13-610, Annotated Code of Maryland, may charge the transferee of the vehicle a service fee in addition to any fees specified in Transportation Article, §15.311.1, Annotated Code of Maryland, and COMAR 11.11.05. This service fee may not exceed $20 per electronic transmission.</text> </paragraph> <paragraph num="B."> <text>Service fees charged under §A of this regulation are retained by the service provider and are not forwarded to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Refund of Licensing Fees."> <paragraph num="A."> <text>If a dealer license issued under Regulation .01 of this chapter is voluntarily canceled before the:</text> <paragraph num="(1)"> <text>Beginning of the second full year, the Administration shall refund the fee paid for the second and third license years; or</text> </paragraph> <paragraph num="(2)"> <text>Beginning of the third full year, the Administration shall refund the fee paid for the third license year.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Requests for refunds shall be submitted in writing, on forms provided by the Administration, after the cancellation of the registration and before the first day of the second registration year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)</annotation> <annotation type="History" subtype="Administrative History">Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)</annotation> <annotation type="History" subtype="Administrative History">Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)</annotation> <annotation type="History" subtype="Administrative History">Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)</annotation> </annotations> </chapter> <chapter num="02" heading="Title Service Agents"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“License” means a title service agent's license issued by the Administration under Transportation Article, Title 15, Subtitle 6, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Location” means the fixed location from which the title service agent conducts the activity of a title service agent and which is specified in the application for the license.</text> </paragraph> <paragraph num="(4)"> <text>“Representative” means an employee of the business who acts on behalf of the licensee.</text> </paragraph> <paragraph num="(5)"> <text>“Title service agent” has the meaning stated in Transportation Article, §15-601(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Licensing of Title Service Agents."> <paragraph num="A."> <text>An individual may not conduct the business of a title service agent unless the individual meets the requirements set forth in this chapter and is licensed.</text> </paragraph> <paragraph num="B."> <text>A license may be obtained by submitting to the Administration in the form required by the Administration:</text> <paragraph num="(1)"> <text>An application;</text> </paragraph> <paragraph num="(2)"> <text>Zoning approval, as set forth in Regulation .03B of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>A surety bond as set forth in Regulation .07 of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>The fee as set forth in COMAR 11.11.05.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration may renew licenses every 2 years.</text> </paragraph> <paragraph num="D."> <text>A licensed title service agent shall notify the Administration immediately of any change in the information submitted in the original application or a renewal application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Office Requirements."> <paragraph num="A."> <text>Before issuing a license, the Administration shall inspect and approve a title service agent's office.</text> </paragraph> <paragraph num="B."> <text>Zoning of a Title Service Agent's Office.</text> <paragraph num="(1)"> <text>The office shall be located in an appropriately zoned location.</text> </paragraph> <paragraph num="(2)"> <text>An applicant for a license shall provide verification of zoning approval, if required by the local jurisdiction, in the form of a zoning certification.</text> </paragraph> <paragraph num="(3)"> <text>A title service agent who does not conduct business with the public at the licensed location may be exempt from local zoning requirements.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A title service agent's office shall be equipped with:</text> <paragraph num="(1)"> <text>A secure area for storage of State property; and</text> </paragraph> <paragraph num="(2)"> <text>Telephone service in the name of the title service business.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Signs. A title service agent's office shall have, unless prohibited by local ordinances, a sign which shall clearly indicate the type of business conducted at the office.</text> </paragraph> <paragraph num="E."> <text>The license shall be displayed in the office.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Records."> <paragraph num="A."> <text>Records Retention. A title service agent shall retain those records relating to the business for a minimum of 3 years. These records shall include, but are not limited to, transaction transmittal forms specified in Regulation .05 of this chapter and those records relating to the collection of:</text> <paragraph num="(1)"> <text>Excise tax;</text> </paragraph> <paragraph num="(2)"> <text>Titling and registration fees; and</text> </paragraph> <paragraph num="(3)"> <text>Other fees collected for the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>These records shall identify the:</text> <paragraph num="(1)"> <text>Customer's file number;</text> </paragraph> <paragraph num="(2)"> <text>Customer's name and address;</text> </paragraph> <paragraph num="(3)"> <text>Vehicle's:</text> <paragraph num="(a)"> <text>Make,</text> </paragraph> <paragraph num="(b)"> <text>Year,</text> </paragraph> <paragraph num="(c)"> <text>Vehicle identification number;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Type of transaction; and</text> </paragraph> <paragraph num="(5)"> <text>Fees collected for the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The records shall be readily available for inspection by the Administrator or the Administrator's designated representative.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Transmittal Form."> <paragraph num="A."> <text>A title service agent shall send transactions to the Administration only on a transmittal form furnished by the Administration and in the manner required by the Administration.</text> </paragraph> <paragraph num="B."> <text>The Administration shall return a receipted copy of the transmittal form to the title service agent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Surety Bond."> <paragraph num="A."> <text>An applicant for a license shall file with the Administration, per business entity registered with the State Department of Assessments and Taxation, acceptable evidence of a surety bond in such form as the Administration shall approve and with a surety approved by the Administration in the sum set forth in Transportation Article, §15-604, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>A bonding company shall give the Administration at least 45 days notice by registered or certified mail of the cancellation of a title service agent's bond, and the bond shall be considered to be in full force and effect for a period of at least 45 days after notice is given.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Authorized Representatives."> <paragraph num="A."> <text>When applying for an original or renewal license, a title service agent shall provide the Administration, on a form furnished by the Administration, the names of employees and agents employed by the agent.</text> </paragraph> <paragraph num="B."> <text>The Administration shall issue each employee or agent an identification card which authorizes the employee or agent to act on behalf of the title service agent.</text> </paragraph> <paragraph num="C."> <text>The title service agent shall immediately surrender to the Administration the identification card of an employee or agent whose employment with the title service agent is terminated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Revocation or Suspension of License."> <text>After a hearing held in accordance with the provisions of the Administrative Procedure Act, the Administration may indefinitely suspend or revoke a license granted under the provisions of this chapter if a title service agent:</text> <paragraph num="A."> <text>Has perpetrated a fraud against the Administration or the public;</text> </paragraph> <paragraph num="B."> <text>Is advertising in such a manner as to imply that the agent is associated with or a part of the Administration or another State agency; or</text> </paragraph> <paragraph num="C."> <text>Is conducting the business of a title service agent in a manner which is detrimental to the interests of the Administration or the public.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 23, 1981 (8:2 Md. R. 113)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)</annotation> </annotations> </chapter> <chapter num="03" heading="Automotive Dismantlers and Recyclers, and Scrap Processors"> <regulation prefix="Regulation" num=".01" heading="Licensing of Automotive Dismantlers and Recyclers, and Scrap Processors."> <paragraph num="A."> <text>A person may not obtain an automotive dismantler and recycler's or scrap processor's license under the applicable provisions of the Transportation Article unless the applicant for the license meets the requirements set forth in this chapter and pays the required fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="B."> <text>Every automotive dismantler and recycler or scrap processor location shall be subject to inspection by an authorized representative of the Administration before the approval of the application.</text> </paragraph> <paragraph num="C."> <text>One automotive dismantler and recycler's or scrap processor's license shall be permitted for any one location.</text> </paragraph> <paragraph num="D."> <text>Once the location has been licensed, it may not be subdivided for the purpose of establishing other businesses without the prior approval of the Administration.</text> </paragraph> <paragraph num="E."> <text>An automotive dismantler and recycler, and scrap processor license shall be issued for a 2-year period.</text> </paragraph> <paragraph num="F."> <text>An automotive dismantler and recycler or scrap processor shall use the Administration’s designee’s electronic system for all reporting required under this subtitle or Transportation Article, §15-511, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Trader’s License, Zoning, and Locations Adjoining Water or in a Flood Plain."> <paragraph num="A."> <text>The applicant or licensee, or both, shall have a valid trader’s license. The trader’s license shall be displayed in the office of the licensed business in a conspicuous place.</text> </paragraph> <paragraph num="B."> <text>The automotive dismantler and recycler or scrap processor location shall comply with all local ordinances, zoning regulations, and applicable State and federal laws.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Office Requirements."> <paragraph num="A."> <text>The office shall be housed at the automotive dismantler and recycler's or scrap processor's fixed location and shall be adequate and appropriate for the business so conducted.</text> </paragraph> <paragraph num="B."> <text>The office shall contain at least one desk, chair, and file cabinet and a telephone specifically used for business.</text> </paragraph> <paragraph num="C."> <text>The Administration, in the exercise of its administrative discretion, may license scrap processors not geographically located within the boundaries of the State provided that the scrap processor maintains an office in the State that meets the approval of the Administration.</text> </paragraph> <paragraph num="D."> <text>The automotive dismantler and recycler or scrap processor license issued by the Administration shall be displayed in a conspicuous place in the office of the automotive dismantler and recycler or scrap processor where the business is conducted.</text> </paragraph> <paragraph num="E."> <text>Every licensed automotive dismantler and recycler or scrap processor shall use its business license number on all Administration forms, in the area provided for the number.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Necessary Equipment for Scrap Processor."> <text>Scrap processors shall have a scale capable of handling vehicular traffic in addition to the equipment in Transportation Article, § 15-503(b). The Administration may approve other equipment capable of rendering the scrap acceptable to any smelting operation without further processing by the scrap processor.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Inventory Reporting and Vehicle Identification Device."> <paragraph num="A."> <text>Every licensed automotive dismantler and recycler or scrap processor shall use its business license number when entering information into the Administration’s designee’s electronic system, on all forms, and in all advertisements, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radio or television, and in or on any notice, handbill, sign, billboard, poster, bill catalog, letter, or business card.</text> </paragraph> <paragraph num="B."> <text>Every vehicle, body, or chassis reported in the Administration’s designee’s electronic system, and which is held for longer than the end of the first business day following the date of the transaction, shall be tagged with a numbered identification device which shall:</text> <paragraph num="(1)"> <text>Be furnished by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Be fastened securely to the vehicle in such a position as prescribed by the Administration; and</text> </paragraph> <paragraph num="(3)"> <text>Agree with the identification number listed for the vehicle on all forms required by the Administration and in the Administration’s designee’s electronic system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §E(2) of this regulation, a licensed automotive dismantler and recycler or scrap processor shall:</text> <paragraph num="(1)"> <text>Transmit, electronically, to the Administration’s designee, by the end of the first business day following the date of the transaction, information on every vehicle acquired by the licensed automotive dismantler and recycler or scrap processor at the location for which the license was issued; and</text> </paragraph> <paragraph num="(2)"> <text>If not currently conducting business, submit a report of no business by the end of the month, even if there are no vehicles acquired or disposed of during the month.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Acquisition of Vehicles By a Scrap Processor From Other Than a Licensed Automotive Dismantler and Recycler.</text> <paragraph num="(1)"> <text>A printout of the notification made in accordance with §C(1) of this regulation, along with the certificate of title of the vehicle, or other documentary evidence of ownership acceptable to the Administration, shall be retained by the scrap processor for a period of 3 years.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall consider the date of acquisition as the date of destruction of the vehicle.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Transfer of a Vehicle From an Automotive Dismantler and Recycler To a Scrap Processor.</text> <paragraph num="(1)"> <text>Upon transfer of a vehicle from an automotive dismantler and recycler to a scrap processor, the automotive dismantler and recycler shall electronically notify the Administration’s designee of the conveyance of ownership.</text> </paragraph> <paragraph num="(2)"> <text>For vehicles that have been flattened or cubed, the scrap processor shall maintain a record of the business license of the automotive dismantler and recycler and the details of the transaction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Storage."> <text>Vehicles acquired by automotive dismantlers and recyclers that have not been flattened or cubed may not be stored more than two high and shall be stored in a safe and secure manner readily accessible to inspection.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Acceptable Forms of Documentary Evidence of Ownership."> <text>Except as provided in Regulation .05E(2) of this chapter, upon taking possession of a vehicle, or before dismantling, destroying, or scrapping the vehicle, an automotive dismantler and recycler or scrap processor must obtain one of the following forms of documentary evidence of ownership:</text> <paragraph num="A."> <text>Certificate of Title;</text> </paragraph> <paragraph num="B."> <text>Salvage Certificate;</text> </paragraph> <paragraph num="C."> <text>For individuals not listed in the records of the Administration as the sole owner of the vehicle, Affidavit of Lawful Possession, accompanied by proof of notification pursuant to Transportation Article, §15-509, Annotated Code of Maryland;</text> </paragraph> <paragraph num="D."> <text>For individuals listed in the records of the Administration as the sole owner of the vehicle, or an agent of the owner, Affidavit of Ownership, accompanied by documentation acceptable to the Administration to verify ownership of the vehicle;</text> </paragraph> <paragraph num="E."> <text>If the vehicle was acquired from a law enforcement agency at an auction, an auctioneer’s receipt (VR-112) under Transportation Article, §§15-511 and 25-207(f), Annotated Code of Maryland;</text> </paragraph> <paragraph num="F."> <text>Certificate of Authority to Dispose of an Abandoned Motor Vehicle to an Automotive Dismantler and Recycler or Scrap Processor (CS-78), authorized by a law enforcement agency under Transportation Article §25-209, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="G."> <text>Insurance Affidavit in Lieu of a Title, pursuant to Transportation Article, §13-506, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Refund of Licensing Fees."> <paragraph num="A."> <text>If a license issued under Regulation .01 of this chapter is voluntarily canceled before the beginning of the second full year, the Administration shall refund the fee paid for the second license year.</text> </paragraph> <paragraph num="B."> <text>Requests for refunds shall be submitted in writing, on forms provided by the Administration, after the cancellation of the registration and before the first day of the second registration year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 19, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)</annotation> </annotations> </chapter> <chapter num="04" heading="Professional Drivers Schools, Instructors, and Driver Education Program" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1974 (1:2 Md. R. 114)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 6, 1977 (4:14 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective December 10, 1975 (2:28 Md. R. 1680)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05A—D and .06B, D, H amended effective November 17, 1978 (5:23 Md. R. 1740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B and D amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective December 10, 1975 (2:28 Md. R. 1680); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D—F amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulations .09C and .10 amended effective October 15, 1975 (2:23 Md. R. 1415)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended effective September 5, 1980 (7:18 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective September 5, 1980 (7:18 Md. R. 1741); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective July 7, 1976 (3:14 Md. R. 751); July 6, 1977 (4:14 Md. R. 1082)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13F amended effective July 20, 1981 (8:14 Md. R. 1228)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective June 20, 1983 (10:12 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective October 15, 1975 (2:23 Md. R. 1415)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18C amended effective May 12, 1976 (3:10 Md. R. 529); September 13, 1982 (9:18 Md. R. 1800)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A, B, D amended effective November 17, 1978 (5:23 Md. R. 1740)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19B—D amended effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19E amended effective November 4, 1977 (4:23 Md. R. 1735); November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective September 22, 1978 (5:19 Md. R. 1446)Regulation .20B amended effective October 15, 1975 (2:23 Md. R. 1415)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective May 30, 1980 (7:11 Md. R. 1039)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21B amended effective November 17, 1978 (5:23 Md. R. 1740); October 17, 1980 (7:21 Md. R. 1995); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21E amended effective October 17, 1980 (7:21 Md. R. 1995); November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21F adopted effective January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .22 amended effective June 20, 1983 (10:12 Md. R. 1073)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective June 30, 1978 (5:13 Md. R. 1064)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31A amended effective December 23, 1991 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31B amended effective July 29, 1985 (12:15 Md. R. 1521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33 amended effective May 12, 1976 (3:10 Md. R. 529); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34A—D, F amended effective September 5, 1980 (7:18 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34D amended effective July 29, 1985 (12:15 Md. R. 1521); July 23, 1990 (17:14 Md. R. 1758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34E, F repealed effective July 23, 1990 (17:14 Md. R. 1758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .35B, C amended effective July 23, 1990 (17:14 Md. R. 1758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .36 amended effective July 23, 1990 (17:14 Md. R. 1758)</annotation> <annotation type="History" subtype="Administrative History">Regulation .39 adopted effective January 13, 1978 (5:1 Md. R. 19)</annotation> <annotation type="History" subtype="Administrative History">Regulation .39E amended effective November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 4, 1994 (21:13 Md. R. 1158)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective April 22, 1996 (23:8 Md. R. 606)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective December 2, 1996 (23:24 Md. R. 1683)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 1, 2001 (28:9 Md. R. 885)</annotation> </annotations> </chapter> <chapter num="05" heading="Public Information"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means the person requesting inspection of public records.</text> </paragraph> <paragraph num="(3)"> <text>“Custodian” means an authorized person employed by the Division, having personal custody and control of records of an individual in an occupation or profession licensed by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>“Division” means the Administration’s Division of Business Licensing and Consumer Services.</text> </paragraph> <paragraph num="(5)"> <text>“Occupation or profession” means a business, an occupation, or a profession for which an individual would be required to be licensed by the Administration under Transportation Article, Title 15, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Person in interest” means the person that is the subject of the public record.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Inspection of Occupational or Professional Records."> <text>Without a compelling public purpose, the custodian shall deny inspection of that part of a record that contains information about the licensing of an occupation or profession except as provided by General Provisions Article, §4-333(b), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Exception for Compelling Public Purpose."> <text>The custodian may permit inspection of records other than those allowed under General Provisions Article, §4-333(b), Annotated Code of Maryland, if a compelling public purpose can be demonstrated.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Compelling Public Purpose Demonstrated."> <text>A compelling public purpose can be demonstrated under General Provisions Article, §4-333(b), Annotated Code of Maryland, if the applicant:</text> <paragraph num="A."> <text>Has entered into, or contemplates entering into, a contract with the person in interest;</text> </paragraph> <paragraph num="B."> <text>Is a federal, state, or local governmental agency;</text> </paragraph> <paragraph num="C."> <text>Has filed a complaint with the Administration against the person in interest;</text> </paragraph> <paragraph num="D."> <text>Has filed a surety bond claim against the surety of the person in interest; or</text> </paragraph> <paragraph num="E."> <text>Is investigating a claim against the surety for a bond provided by the person in interest.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Access to Records When Compelling Public Purpose Demonstrated."> <text>If the custodian finds that a compelling purpose has been demonstrated and allows inspection of records other than those permitted by General Provisions Article, §4-333(b), Annotated Code of Maryland, the custodian may only permit inspection of the following:</text> <paragraph num="A."> <text>If the applicant demonstrates a compelling public purpose under Regulation .04A, D, or E, the custodian may disclose records of:</text> <paragraph num="(1)"> <text>The number, nature, and administrative status of complaints filed with the Administration against the person in interest;</text> </paragraph> <paragraph num="(2)"> <text>The number, nature, and status of claims filed with the surety against the person in interest; and</text> </paragraph> <paragraph num="(3)"> <text>Reports of investigations and the results of those investigations pertaining to the complaints or claims disclosed under §A(1) or (2), of this regulation;</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the applicant demonstrates a compelling public purpose under Regulation .04C, the custodian may disclose only those records regarding information which pertains to the complaint filed by the applicant;</text> </paragraph> <paragraph num="C."> <text>If the applicant demonstrates a compelling public purpose under Regulation .04B, the custodian shall permit inspection pursuant to Transportation Article, §12-111(b)(3), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Disclosure Subject to Public Information Act."> <text>Disclosure of a record allowed for under this chapter is subject to the provisions of General Provisions Article, Title 4, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 20, 1990 (17:16 Md. R. 1991)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> </annotations> </chapter> <chapter num="06" heading="Issuance of Citations by Motor Vehicle Administration Personnel"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish:</text> <paragraph num="A."> <text>Qualifications for employees designated under Transportation Article, §12-104.1, Annotated Code of Maryland, including prerequisites of character, training, experience, and education; and</text> </paragraph> <paragraph num="B."> <text>Standards for the performance of the duties assigned to employees designated under Transportation Article, §12-104.1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administrator” means the Administrator of the Maryland Motor Vehicle Administration or the Administrator's designated representative.</text> </paragraph> <paragraph num="(2)"> <text>“Citation” means a document issued under the authority of Transportation Article, §26-201, Annotated Code of Maryland, for violations of the following provisions:</text> <paragraph num="(a)"> <text>Transportation Article, Title 13, Annotated Code of Maryland, relating to:</text> <paragraph num="(i)"> <text>The vehicle excise tax,</text> </paragraph> <paragraph num="(ii)"> <text>Vehicle titling and registration,</text> </paragraph> <paragraph num="(iii)"> <text>Special registration plates for individuals with disabilities, and</text> </paragraph> <paragraph num="(iv)"> <text>Parking permits for individuals with disabilities;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Transportation Article, Title 14, Annotated Code of Maryland, relating to falsified, altered, or forged documents and plates;</text> </paragraph> <paragraph num="(c)"> <text>Transportation Article, Title 15, Annotated Code of Maryland, relating to unlicensed business activity, and §§15-113 and 15-113.1, relating to maintenance of and access to required business records;</text> </paragraph> <paragraph num="(d)"> <text>Transportation Article, Title 16, Annotated Code of Maryland, relating to:</text> <paragraph num="(i)"> <text>Unlawful application for a driver's license, and</text> </paragraph> <paragraph num="(ii)"> <text>Vehicle operation during periods of cancellation, revocation, or suspension of a driver's license;</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>Transportation Article, Title 17, Annotated Code of Maryland, relating to required security; and</text> </paragraph> <paragraph num="(f)"> <text>Transportation Article, Title 21, Annotated Code of Maryland, relating to special residential parking permits issued by the Administration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Enforcement agent” means any person authorized to issue a citation under these regulations or Transportation Article, §12-104.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General."> <text>The Administrator may:</text> <paragraph num="A."> <text>Designate employees of the Investigative Division of the Motor Vehicle Administration as enforcement agents who shall be empowered to issue citations under the authority of Transportation Article, § 12-104.1, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="B."> <text>For good cause, remove the authority to issue citations granted to a person authorized as an enforcement agent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Employee Qualifications."> <paragraph num="A."> <text>Character.</text> <paragraph num="(1)"> <text>A person designated as an enforcement agent shall successfully pass a preemployment background investigation and may not have been convicted of a felony.</text> </paragraph> <paragraph num="(2)"> <text>A person designated as an enforcement agent who fails to maintain a good character shall be immediately relieved of the authority to issue citations under Transportation Article, § 12-104.1, Annotated Code of Maryland, and may not be reinstated as an enforcement agent without the express authority of the Administrator.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Training. A person designated as an enforcement agent shall be trained:</text> <paragraph num="(1)"> <text>In all provisions of the Transportation Article, Annotated Code of Maryland, with particular emphasis on Titles 11, 13, 17, and 26;</text> </paragraph> <paragraph num="(2)"> <text>In the preparation of citations, by an instructor who has been certified by the Maryland Police Training Commission; and</text> </paragraph> <paragraph num="(3)"> <text>In courtroom procedures.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Experience and Education. A person to be designated as an enforcement agent shall have a minimum of 3 years experience in an investigative or law enforcement capacity, or shall have satisfactorily completed a minimum of 3 years at an accredited college or university.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Performance Standards for Enforcement Agents."> <text>Employees designated as enforcement agents under Transportation Article, § 12-104.1, Annotated Code of Maryland, and these regulations shall:</text> <paragraph num="A."> <text>Conduct themselves in such a manner as to bring credit both to themselves and to the Motor Vehicle Administration;</text> </paragraph> <paragraph num="B."> <text>Conduct themselves in a reasonable manner so as to avoid confrontations which may lead to personal injury or embarrassment to the Motor Vehicle Administration; and</text> </paragraph> <paragraph num="C."> <text>Continually keep abreast of changes to all aspects of the law, regulations, and policies which may impact on their duties.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 9, 1991 (18:24 Md. R. 2644)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)</annotation> </annotations> </chapter> <chapter num="07" heading="Assessment of Fines"> <regulation prefix="Regulation" num=".01" heading="Standards."> <paragraph num="A."> <text>In determining whether to impose an administrative fine on a licensee for any violation under Transportation Article, Title 15, Annotated Code of Maryland, the Administration shall consider:</text> <paragraph num="(1)"> <text>The seriousness of the violation;</text> </paragraph> <paragraph num="(2)"> <text>The deleterious effect of the violation on others;</text> </paragraph> <paragraph num="(3)"> <text>Any acts of good faith on the part of the licensee;</text> </paragraph> <paragraph num="(4)"> <text>The licensee's history of previous violations; and</text> </paragraph> <paragraph num="(5)"> <text>Previous counseling or reprimands on the issues under consideration;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Failure to submit title and registration data, fees, and taxes may result in a standard fine which is assessed at a rate of:</text> <paragraph num="(1)"> <text>For a tag and title service that submits transaction information later than required by the contract between the tag and title service and the Administration, the standard fine shall be:</text> <paragraph num="(a)"> <text>For the first late day after the requirement to submit by contract, $30; and</text> </paragraph> <paragraph num="(b)"> <text>Increased by $1 per day thereafter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a dealership that submits transaction information later than 30 days after the transaction date, the standard fine shall be:</text> <paragraph num="(a)"> <text>For the first day after 30 days, $30; and</text> </paragraph> <paragraph num="(b)"> <text>Increased by $1 per day thereafter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Fines levied in §B of this regulation are the standard fines and can be adjusted as determined by the Administration based on circumstance. Nothing in this section limits additional administrative action as determined by the Administration including license suspension and revocation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 15-110.1, 15-212, 15-315, 15-514, 15-607, 15-710, and 15-807, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 20, 2000 (27:5 Md. R. 585)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 30, 2026 (53:6 Md. R. 291)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C adopted effective March 30, 2026 (53:6 Md. R. 291)</annotation> </annotations> </chapter> <chapter num="08" heading="Driver Education Program" reason="Repealed — See COMAR 11.23"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2001 (28:9 Md. R. 885)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13K, L adopted effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29A amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33E amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34D amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .40D amended effective December 18, 2006 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Driver Education Program, repealed effective November 21, 2008 (35:23 Md. R. 2013)</annotation> </annotations> </chapter> <chapter num="09" heading="Driver Improvement Programs and 3-Hour Alcohol and Drug Education Programs"> <regulation prefix="Regulation" num=".01" heading="Programs."> <text>Driver rehabilitation and educational programs authorized under Transportation Article, §§16-212 and 16-212.1, Annotated Code of Maryland, are conducted by the Administration or through a private provider approved by the Administration. The programs include driver improvement programs (DIP) and 3-hour alcohol and drug education programs (3-Hour ADEP).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Alcohol and Drug Abuse Administration” means the agency within the Maryland Department of Health that approves and certifies programs for the prevention and treatment of alcohol and drug abuse.</text> </paragraph> <paragraph num="(3)"> <text>“Alternate format” means a program approved by the Administration, which is taught with web-based or other electronic learning tools.</text> </paragraph> <paragraph num="(4)"> <text>“Alternate format provider” means a provider approved by the Administration to provide a program under Regulation .01 of this chapter in both classroom and alternate formats.</text> </paragraph> <paragraph num="(5)"> <text>“Attend” means to complete all:</text> <paragraph num="(a)"> <text>The classroom units of instruction in the approved curriculum and pass the end of program test; or</text> </paragraph> <paragraph num="(b)"> <text>Instructional units of the approved curriculum presented in an alternate format and pass the end of program test.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Classroom format” means a program conducted with the participant and an approved instructor in a classroom setting approved by the Administration.</text> </paragraph> <paragraph num="(7)"> <text>“DIP” means a driver improvement program approved by the Administration to provide driver rehabilitation and education.</text> </paragraph> <paragraph num="(8)"> <text>“Program” means a driver rehabilitation and education program authorized under Transportation Article, §§16-212 and 16-212.1, Annotated Code of Maryland, and this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Provider” means a business entity, organization, or individual approved by the Administration to conduct driver rehabilitation and educational programs.</text> </paragraph> <paragraph num="(10)"> <text>"3-Hour ADEP" means a 3-hour alcohol and drug education program approved by the Administration and the Alcohol and Drug Abuse Administration to provide alcohol and drug education.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application for Approval."> <paragraph num="A."> <text>A business entity, organization, or individual requesting approval to provide driver rehabilitation and education programs under this chapter shall submit to the Administration an application for approval.</text> </paragraph> <paragraph num="B."> <text>An application shall be submitted for each rehabilitation and education program to be provided and a separate application is required for each program being presented in an alternate format.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval Requirements."> <paragraph num="A."> <text>The Administration shall require a business entity, organization, or individual requesting approval to provide any of the programs under Regulation .01 of this chapter to sign an agreement stating that they will comply with this chapter and indicating the term of the approval period.</text> </paragraph> <paragraph num="B."> <text>A provider shall:</text> <paragraph num="(1)"> <text>Comply with all State and local requirements to be licensed and authorized to do business in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Submit documentation acceptable to the Administration that the business office used to conduct business and the classrooms used to conduct courses or to administer tests meet all State and local building, zoning, fire, and safety regulations, codes, and standards for use as an office or classroom;</text> </paragraph> <paragraph num="(3)"> <text>Have no past due tax or other financial obligations due to Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Maintain at least one business office, approved by the Administration, which:</text> <paragraph num="(a)"> <text>Is located within the borders of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Has posted business hours; and</text> </paragraph> <paragraph num="(c)"> <text>The Administration and customers may access during the posted business hours without prior notice;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Have at least one classroom located within the borders of Maryland that has been inspected and certified to meet all required State and local building, zoning, fire, and safety regulations, codes, and standards including an up-to-date posted certificate identifying the maximum occupant capacity;</text> </paragraph> <paragraph num="(6)"> <text>Pay all application fees set forth in Regulation .05 of this chapter at the time the application is submitted to the Administration; and</text> </paragraph> <paragraph num="(7)"> <text>Designate the individuals authorized to transmit DIP and 3-Hour ADEP completion information to the Administration, and shall ensure that these individuals complete the Administration's authorization forms.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Operating Requirements. The provider shall:</text> <paragraph num="(1)"> <text>Use only instructors approved by the Administration for the specific program to be presented;</text> </paragraph> <paragraph num="(2)"> <text>Use only the curriculums, instructional materials, quizzes, tests, and forms approved by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Make operation and participant completion records available for inspection by the Administration's representatives without notice during the provider's posted business hours;</text> </paragraph> <paragraph num="(4)"> <text>Comply with the requirements of all applicable local, State, and federal anti-discrimination laws and regulations, including but not limited to, the Americans with Disabilities Act (ADA);</text> </paragraph> <paragraph num="(5)"> <text>Enroll provisional driver's license holders younger than 18 years old in only the classroom format for DIP; and</text> </paragraph> <paragraph num="(6)"> <text>Transmit DIP participant completion information to the Administration within 24 hours of completing the programs.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Information Requirements. Before enrollment, the provider shall make available the following information in writing, or in electronic format for alternate format programs, to program participants:</text> <paragraph num="(1)"> <text>Classroom and testing locations, dates, and times;</text> </paragraph> <paragraph num="(2)"> <text>The provider's established policy regarding program:</text> <paragraph num="(a)"> <text>Cancellations and postponements; and</text> </paragraph> <paragraph num="(b)"> <text>Course fees, payment methods, refunds, and any retest fees; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Notice that the:</text> <paragraph num="(a)"> <text>Updating of the participant's driving record is dependent on the provider transmitting the DIP completion information to the Administration within 24 hours of completing the program; and</text> </paragraph> <paragraph num="(b)"> <text>Administration may not remove a suspension or reinstate the participant's driving privilege until the provider submits the program completion information updates to the participant's driving record in those cases where a letter of assignment to the DIP was issued by the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Information Security and Documentation Retention Requirements. A provider shall:</text> <paragraph num="(1)"> <text>Identify, to the Administration, the individuals that will be authorized to transmit DIP and 3-Hour ADEP completion information to the Administration and ensure that the individuals are approved before conducting a DIP or 3-Hour ADEP;</text> </paragraph> <paragraph num="(2)"> <text>Notify the Administration within 24 hours if the individual authorized to transmit data to the Administration is no longer employed by the provider or no longer authorized to transmit completion information to the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Accept full responsibility and indemnify the Administration for all claims by program participants when the provider fails to:</text> <paragraph num="(a)"> <text>Notify the Administration within 24 hours of the successful completion of the program by the participant; or</text> </paragraph> <paragraph num="(b)"> <text>Correct errors in transmitted participant completion information within 24 hours of notification by the Administration;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Retain electronically or in paper format all participant enrollment, participation, and completion records for at least 3 years from the participant's completion date; and</text> </paragraph> <paragraph num="(5)"> <text>Secure all program records, including testing materials and answer templates in a manner acceptable to the Administration that protects the participant's privacy and ensures the integrity of the testing materials.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Additional Requirements for DIP Providers.</text> <paragraph num="(1)"> <text>A provider of DIP shall:</text> <paragraph num="(a)"> <text>Require each participant in a DIP to present a government issued driver's license or photo identification card;</text> </paragraph> <paragraph num="(b)"> <text>Require all participants enrolling in a DIP to present the Administration's letter of assignment to the program, if applicable, at the time of:</text> <paragraph num="(i)"> <text>Enrollment if the participant is completing a classroom format program; or</text> </paragraph> <paragraph num="(ii)"> <text>Final testing if using an alternate program format;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Issue a certification of program completion to participants who successfully complete the program in a format required by the Administration that includes the:</text> <paragraph num="(i)"> <text>Provider's name, address, and phone number, and the Administration's provider identification number;</text> </paragraph> <paragraph num="(ii)"> <text>Participant's full name as it appears on the assignment letter, driver's license, or photo identification card;</text> </paragraph> <paragraph num="(iii)"> <text>Participant's driver's license number;</text> </paragraph> <paragraph num="(iv)"> <text>Date the program was completed; and</text> </paragraph> <paragraph num="(v)"> <text>Location where the program was completed;</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Submit electronically to the Administration the participant's completion reports within 24 hours after completion of the program;</text> </paragraph> <paragraph num="(e)"> <text>Correct all electronically submitted participant completion reports and re-submit to the Administration within 24-hours of discovery;</text> </paragraph> <paragraph num="(f)"> <text>Schedule a retest date with the participant at the time the individual fails the end of program test;</text> </paragraph> <paragraph num="(g)"> <text>Verify course completion before administering the final test;</text> </paragraph> <paragraph num="(h)"> <text>Notify the Administration 48 hours in advance of any non-emergency change in operational hours; and</text> </paragraph> <paragraph num="(i)"> <text>Notify the Administration before making any changes in a program.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The final test in §F(1)(g) of this regulation shall contain at least 20 questions from the pool of 100 questions provided by the Administration. The pool of questions shall be used to create multiple and distinctly different tests to ensure that a test is not repeated until after a fourth retest.</text> </paragraph> <paragraph num="(3)"> <text>A provider of DIP may not:</text> <paragraph num="(a)"> <text>Issue a certification of completion to a participant who has not scored at least an 80 percent on the end of program test; or</text> </paragraph> <paragraph num="(b)"> <text>Allow a participant who fails the end of program test to retake the test on the same day the test is failed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Additional Requirements for DIP and Alternate Format Providers.</text> <paragraph num="(1)"> <text>Alternate format providers shall meet the additional requirements of this section.</text> </paragraph> <paragraph num="(2)"> <text>The provider shall first be approved by the Administration as a classroom format provider for DIP in Maryland for 2 years before applying to the Administration to provide an alternate format DIP.</text> </paragraph> <paragraph num="(3)"> <text>All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.</text> </paragraph> <paragraph num="(4)"> <text>The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.</text> </paragraph> <paragraph num="(5)"> <text>Alternate format programs shall require participants:</text> <paragraph num="(a)"> <text>To achieve a minimum score of 80 percent on the end of unit quizzes before moving to the next unit of instruction; and</text> </paragraph> <paragraph num="(b)"> <text>That do not achieve the 80 percent score on the unit quiz to repeat the unit before retaking the quiz.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The end of program test alternate format programs shall occur only in a classroom setting approved by the Administration.</text> </paragraph> <paragraph num="(7)"> <text>The alternate provider may not allow a participant to retake the end of program test on the same day the test is failed.</text> </paragraph> <paragraph num="(8)"> <text>A provider may not permit a provisional driver's license holder younger than 18 years old to participate in an alternate format program.</text> </paragraph> <paragraph num="(9)"> <text>The alternate format provider shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.</text> </paragraph> <paragraph num="(10)"> <text>The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.</text> </paragraph> <paragraph num="(11)"> <text>The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Additional Documentation Requirements for 3-Hour ADEP Providers. A 3-Hour ADEP provider shall:</text> <paragraph num="(1)"> <text>Issue a certification of program completion to participants who successfully complete the program, in the manner and format required by the Administration that includes the:</text> <paragraph num="(a)"> <text>Provider's name, address, and phone number, and the Administration's provider identification number;</text> </paragraph> <paragraph num="(b)"> <text>Participant's full name and date of birth;</text> </paragraph> <paragraph num="(c)"> <text>Participant’s signature;</text> </paragraph> <paragraph num="(d)"> <text>Date of completion; and</text> </paragraph> <paragraph num="(e)"> <text>Location where the program was completed;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide information regarding the program, instructors, and participants at the Administration's request and in the format established by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Use only instructors approved by the Administration and the Alcohol and Drug Abuse Administration; and</text> </paragraph> <paragraph num="(4)"> <text>Acknowledge that 3-Hour ADEP providers and instructors are also subject to regulations by the Alcohol and Drug Abuse Administration.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Additional Requirements for 3-Hour ADEP Alternate Format Provider.</text> <paragraph num="(1)"> <text>Alternate format providers shall meet the additional requirements of this section.</text> </paragraph> <paragraph num="(2)"> <text>The provider shall first be approved by the Administration as a classroom format provider for 3-Hour ADEP in Maryland for 2 years before applying to the Administration to provide an alternate format 3-Hour ADEP.</text> </paragraph> <paragraph num="(3)"> <text>All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.</text> </paragraph> <paragraph num="(4)"> <text>The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.</text> </paragraph> <paragraph num="(5)"> <text>The provider shall construct an end of unit quiz for each section of the 3-Hour ADEP that:</text> <paragraph num="(a)"> <text>Consists of a minimum of five questions for each quiz;</text> </paragraph> <paragraph num="(b)"> <text>Does not duplicate questions from other quizzes; and</text> </paragraph> <paragraph num="(c)"> <text>Does not duplicate questions from the final program exam.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Alternate format programs shall require participants:</text> <paragraph num="(a)"> <text>To achieve a minimum score of 80 percent on the end of unit quizzes before moving to the next unit of instruction; and</text> </paragraph> <paragraph num="(b)"> <text>That do not achieve the 80 percent score on the unit quiz to repeat the unit before retaking the quiz.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>The end of program test for 3-Hour ADEP alternate format programs shall occur only in a classroom setting approved by the Administration.</text> </paragraph> <paragraph num="(8)"> <text>The alternate 3-Hour ADEP provider may not allow a participant to retake the end of program test on the same day the test is failed.</text> </paragraph> <paragraph num="(9)"> <text>The alternate format provider for 3-Hour ADEP shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.</text> </paragraph> <paragraph num="(10)"> <text>The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.</text> </paragraph> <paragraph num="(11)"> <text>The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fees."> <paragraph num="A."> <text>Application Fee.</text> <paragraph num="(1)"> <text>An application fee under this chapter shall be established by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>The application fee shall be submitted with each DIP and 3-Hour ADEP application.</text> </paragraph> <paragraph num="(3)"> <text>Application fees submitted to the Administration under this regulation are nonrefundable and are only applicable to DIP and 3-Hour ADEP.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Fees Charged by Providers.</text> <paragraph num="(1)"> <text>Program providers may establish and collect a reasonable fee for providing DIP and 3-Hour ADEP.</text> </paragraph> <paragraph num="(2)"> <text>Fees shall be collected for alternate format programs after the completion of the alternate format curriculum and before the end of program test.</text> </paragraph> <paragraph num="(3)"> <text>Fees for classroom format programs shall be collected at the time of enrollment.</text> </paragraph> <paragraph num="(4)"> <text>A provider shall issue a refund within 48 hours to a participant when the Administration determines a participant is entitled to a full or partial refund.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Instructor Requirements."> <paragraph num="A."> <text>An individual applying for approval to be a DIP instructor shall:</text> <paragraph num="(1)"> <text>Be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Be a graduate from a standard high school or possess a state high school equivalence certificate;</text> </paragraph> <paragraph num="(3)"> <text>Have a valid driver's license, issued by Maryland or another state, without any alcohol, ignition interlock, or work-only or education-only restrictions;</text> </paragraph> <paragraph num="(4)"> <text>Have less than five active points on their driving record;</text> </paragraph> <paragraph num="(5)"> <text>Successfully complete, as of March 2008, an Administration approved DIP instructor certification course for DIP instructors or the required instructor training set forth in §B of this regulation for 3-Hours ADEP;</text> </paragraph> <paragraph num="(6)"> <text>Have no outstanding charges or convictions of any crime of moral turpitude, unless acceptable evidence is presented to the Administration that satisfactory rehabilitation has taken place for the charge or conviction; and</text> </paragraph> <paragraph num="(7)"> <text>Have no sex offense convictions or charges.</text> </paragraph> </paragraph> <paragraph num="B."> <text>3-Hour Alcohol and Drug Education Program Instructors.</text> <paragraph num="(1)"> <text>In addition to the requirements set forth in §A of this regulation, a 3-Hour ADEP instructor shall:</text> <paragraph num="(a)"> <text>Complete a course on the effects of alcohol and drugs, or an equivalent course as specified by the Office of Education and Training for Addictions Services, Maryland Department of Health;</text> </paragraph> <paragraph num="(b)"> <text>Be approved by the Alcohol and Drug Abuse Administration to instruct an alcohol and drug education program; or</text> </paragraph> <paragraph num="(c)"> <text>Complete the 3-Hour Alcohol and Drug Education instructor program approved by both the Administration and the Alcohol and Drug Abuse Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Administration may waive all or part of the required instructor training for persons certified by the Maryland State Board of Education as teachers.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual approved by the Administration to teach DIP before March 2008 is not required to complete the DIP instructor certification course if the individual:</text> <paragraph num="(1)"> <text>Is currently approved by the Administration as a DIP instructor; and</text> </paragraph> <paragraph num="(2)"> <text>Has taught at least one DIP course each year for the last 3 consecutive years.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Instructor's Driver Records.</text> <paragraph num="(1)"> <text>An instructor of a program under this chapter shall maintain a satisfactory driving record while approved to teach the DIP and 3-Hour ADEP.</text> </paragraph> <paragraph num="(2)"> <text>An Administration approved provider for the DIP and 3-Hour ADEP is responsible for:</text> <paragraph num="(a)"> <text>Monitoring the instructor's driver record;</text> </paragraph> <paragraph num="(b)"> <text>Immediately notifying the instructor if the instructor's driving record is unsatisfactory;</text> </paragraph> <paragraph num="(c)"> <text>Not scheduling an instructor with an unsatisfactory driving record to teach DIP or 3-Hour ADEP; and</text> </paragraph> <paragraph num="(d)"> <text>Notifying the Administration by letter, email, or facsimile of the action taken by the provider against the instructor.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The instructor's driving record is unsatisfactory when the instructor has:</text> <paragraph num="(a)"> <text>Been convicted of driving offenses, in this or any other state, that if such a conviction occurred in Maryland would result in an accumulation of five or more points on the instructor's driving record;</text> </paragraph> <paragraph num="(b)"> <text>Been charged or convicted of an offense involving alcohol, drugs, or controlled dangerous substances while operating a motor vehicle;</text> </paragraph> <paragraph num="(c)"> <text>Been charged or convicted of any felony involving the use of a motor vehicle; or</text> </paragraph> <paragraph num="(d)"> <text>Had their driving privileges canceled, suspended, revoked, or subject to alcohol, ignition interlock, work-only, or education-only restrictions.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Approval Periods for Providers and Instructors."> <paragraph num="A."> <text>The approval period for a provider to offer a program under Regulation .01 of this chapter shall be identified in the agreement established in Regulation .04 of this chapter and may not exceed 2 years from the date of approval by the Administration, unless otherwise extended by the Administration through an addendum to the agreement.</text> </paragraph> <paragraph num="B."> <text>Approval to offer any program under Regulation .01 of this chapter automatically expires at the end of the approval period as identified in the agreement, unless renewed by the Administration in accordance with the requirements of this chapter.</text> </paragraph> <paragraph num="C."> <text>The Administration may terminate its approval and agreement for a provider to offer any program at any time if the provider fails to comply with any of the requirements set forth in this chapter or in the agreement.</text> </paragraph> <paragraph num="D."> <text>The Administration may terminate its approval of an instructor at any time if the instructor fails to meet, or fails to continue to meet, the requirements of Regulation .06 of this chapter.</text> </paragraph> <paragraph num="E."> <text>To maintain approval as a DIP or 3-Hour ADEP instructor, an individual shall teach at least two DIP programs each year.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Renewal."> <paragraph num="A."> <text>A provider who requests to renew its approval to offer any of the programs under Regulation .01 of this chapter shall submit a renewal application with the fee, sign the Administrator's agreement, and provide documentation required by the Administration regarding the business office, classroom, Internet format, and approved instructors, not less than 30 days before the end of the approval period.</text> </paragraph> <paragraph num="B."> <text>A separate renewal application shall be submitted for each program or format the provider requests to continue to offer. The Administration may combine all or part of the renewal applications on the same form.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 1, 2008 (35:2 Md. R. 127)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)</annotation> </annotations> </chapter> </subtitle> <subtitle num="13" heading="Motor Vehicle Administration — Vehicle Equipment"> <chapter num="01" heading="Vehicle Brakes"> <regulation prefix="Regulation" num=".01" heading="Motor Vehicle Hydraulic Brake Fluid."> <paragraph num="A."> <text>Pursuant to the provisions of Transportation Article, §22-305, Annotated Code of Maryland, the Motor Vehicle Administration adopts Federal Motor Vehicle Safety Standard Number 116, “Motor Vehicle Brake Fluids”, 49 CFR §571.116, as amended, which is incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>A person, firm, or corporation may not distribute, have for sale, offer for sale, or sell any hydraulic brake fluid, for use in motor vehicles, unless the hydraulic brake fluid complies with the safety standard set forth in §A of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 22-305, Annotated Code of Maryland; 49 CFR §571.116</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.04 repealed effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="02" heading="Pneumatic Vehicle Tires"> <regulation prefix="Regulation" num=".01" heading="Purpose and Applicability."> <paragraph num="A."> <text>The purpose of this chapter is to:</text> <paragraph num="(1)"> <text>Establish safety requirements for the sale and use of tires for vehicles operating on State highways; and</text> </paragraph> <paragraph num="(2)"> <text>Provide criteria to determine the safe operating condition of vehicle tires.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applicability. This chapter is applicable to the sale or lease, offering for sale or lease, and use or intended use of tires on State highways.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“GVWR” means gross vehicle weight rating.</text> </paragraph> <paragraph num="(2)"> <text>“Highway-use vehicle” means all vehicles that are operated upon the highways of this State, except special mobile equipment not designed to move with the normal flow of traffic.</text> </paragraph> <paragraph num="(3)"> <text>“Tire stud” means a pin made of a material having a hardness factor approximating tungsten carbide surrounded by a casing equipped with a flanging arrangement designed to retain the assembly into premolded holes in the tire tread surface.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>49 CFR §571.109, as amended;</text> </paragraph> <paragraph num="(2)"> <text>49 CFR §571.117, as amended;</text> </paragraph> <paragraph num="(3)"> <text>49 CFR §571.119, as amended;</text> </paragraph> <paragraph num="(4)"> <text>49 CFR §571.139, as amended; and</text> </paragraph> <paragraph num="(5)"> <text>49 CFR 574, as amended.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Sale of Tires."> <paragraph num="A."> <text>A person, firm, or corporation may not sell, offer for sale, or distribute any new tire or any vehicle equipped with new tires for use on the highways of this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.</text> </paragraph> <paragraph num="B."> <text>A tire manufacturer may not manufacture tires for sale or use as new tires in this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.</text> </paragraph> <paragraph num="C."> <text>A retreaded tire shall be manufactured in accordance with the provisions of 49 CFR §571.117.</text> </paragraph> <paragraph num="D."> <text>A person, firm, or corporation may not sell or offer for sale, other than to a tire dealer, a tire for use by a highway-use vehicle on the highways of this State that do not meet the requirements for safe operating condition contained in Regulation .08 of this chapter.</text> </paragraph> <paragraph num="E."> <text>A person, firm, or corporation may not sell or offer for sale, other than to a licensed motor vehicle dealer, a highway-use vehicle for use on the highways of this State unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Use of Tires."> <text>A person may not operate or move, or cause to be operated or moved, a highway-use vehicle upon the highways unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Enforcement Procedure."> <text>A law enforcement officer, at any time, may stop a highway-use vehicle and inspect its tires for compliance with the provisions of these regulations. If the inspection discloses that a tire or tires of the vehicle are in violation, the officer shall issue a warning for defective equipment and mechanisms in accordance with Transportation Article, §23-104, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Penalties."> <text>Each violation of Regulation .04 of this chapter is a separate violation and is a misdemeanor.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Tire Safety Standards."> <paragraph num="A."> <text>A tire is considered in safe operating condition when it is not subject to rejection or considered unsafe for any of the causes listed in Regulation .09 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Inspection of Tires.</text> <paragraph num="(1)"> <text>Tires shall be visually inspected for:</text> <paragraph num="(a)"> <text>Bumps or bulges due to tread separation;</text> </paragraph> <paragraph num="(b)"> <text>Exposed ply or cord;</text> </paragraph> <paragraph num="(c)"> <text>Cord damage; and</text> </paragraph> <paragraph num="(d)"> <text>Tread depth.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Tread depth shall be measured with a tread depth gauge or other suitable measuring device in any two or more adjacent tread grooves at three locations equally spaced around the circumference of the tire, at least one of which shall be at a point where the tread is thinnest exclusive of tie bars and tread wear indicators.</text> </paragraph> <paragraph num="(3)"> <text>Tread depth may be measured by visual inspection of the tread wear indicators when molded into the tire.</text> </paragraph> <paragraph num="(4)"> <text>Other tire inspection regulations are contained in COMAR 11.14.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Unsafe Tires."> <text>A tire is considered unsafe if it:</text> <paragraph num="A."> <text>Has tread or sidewall cuts, cracks, or snags, or is otherwise damaged in such a manner as to expose body cords;</text> </paragraph> <paragraph num="B."> <text>Has any bump or bulge due to tread separation;</text> </paragraph> <paragraph num="C."> <text>Is worn to a tread design depth of less than 2/32 of an inch or is worn to a tread design depth of less than 4/32 of an inch for tires in front wheel positions on motor vehicles with a GVWR of more than 10,000 pounds;</text> </paragraph> <paragraph num="D."> <text>Has been retreaded or recapped and is mounted on the steering axle of a passenger bus with a GVWR of more than 10,000 pounds;</text> </paragraph> <paragraph num="E."> <text>Has been regrooved or recut except as authorized in Transportation Article, §22-405.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="F."> <text>Is marked “not for highway use”, or “for racing purposes only”, or “unsafe for highway use” or has such other conditions or markings as may be reasonably demonstrated to render the tire unsafe for highway use;</text> </paragraph> <paragraph num="G."> <text>Is not of the same size and type as other tires on the same axle;</text> </paragraph> <paragraph num="H."> <text>Is labeled as a “tube type” and is mounted without a properly inflated tube.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Studded Snow Tires."> <paragraph num="A."> <text>The purpose of this regulation is to regulate the sale and use of studded snow tires in Maryland and to establish standards for tire studs pursuant to the authority contained in Transportation Article, §22.405.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Sale and Use of Studded Snow Tires.</text> <paragraph num="(1)"> <text>A person may not sell or offer for sale studded snow tires in this State except in Allegany, Carroll, Frederick, Garrett, and Washington counties.</text> </paragraph> <paragraph num="(2)"> <text>From November 1 through March 31, vehicles registered in Allegany, Carroll, Frederick, Garrett, and Washington counties may be equipped with studded snow tires and may be operated only in Allegany, Carroll, Frederick, Garrett, and Washington counties.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Tire Stud Standards.</text> <paragraph num="(1)"> <text>Tire studs shall be constructed to employ a pin or core and a casing in such a manner as to regulate the protrusion of the tire stud beyond the tread surface of the tire. Tire stud pins or cores shall be constructed of a material with sufficient hardness characteristics to be effective in providing traction on hardpacked snow and ice. Tire studs shall be designed for maximum retention qualities when inserted in pre-molded holes in the tire tread surface.</text> </paragraph> <paragraph num="(2)"> <text>Tire studs shall be designed to regulate protrusion under all conditions of loading to a minimum of 1/32 inch (0.031 inch) and a maximum of 2/32 inch (0.062 inch). Tire stud diameters shall be limited to between 0.062 inch and 0.125 inch for the pin or core and between 0.187 inch and 0.250 inch for the casing.</text> </paragraph> <paragraph num="(3)"> <text>The maximum number of tire studs permitted to be installed into a tire shall be according to tire size and shall be calculated on the basis that the combined cross-sectional area of the stud assemblies may not exceed 1 1/4 percent (0.0125) of the total area of the tread surface, but the number of tire studs installed may not exceed 150 per tire.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 effective February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .07—.15 effective December 1, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 17, 1996 (23:12 Md. R. 871)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="03" heading="Bumpers for Class A, Class E, and Class M Motor Vehicles"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>In accordance with Transportation Article, §22-105, Annotated Code of Maryland, the Motor Vehicle Administration and the Automotive Safety Enforcement Division of the Department of State Police have set forth the following requirements for bumpers on Class A passenger vehicles, Class E truck vehicles with a registered GVW of 18,000 pounds or less, and Class M multipurpose vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Applicable Vehicles."> <text>Each Class A passenger motor vehicle, Class E truck motor vehicle with a registered GVW of 18,000 pounds or less, or Class M multipurpose passenger motor vehicle when operated on the highways of Maryland, shall be equipped with a front bumper, and a rear bumper if a rear bumper was originally installed by the manufacturer.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Bumper Standards."> <text>Each required bumper shall:</text> <paragraph num="A."> <text>Comply with all applicable provisions of the Transportation Article — Maryland Vehicle Law, Code of Maryland Regulations, and all applicable Federal Motor Vehicle Safety Standards and Regulations, including 49 CFR 581, as promulgated by the National Highway Traffic Safety Administration;</text> </paragraph> <paragraph num="B."> <text>Be an original or an approved type;</text> </paragraph> <paragraph num="C."> <text>Be mounted equivalent to original design;</text> </paragraph> <paragraph num="D."> <text>Be free of broken or missing parts, sharp edges, or abnormal protrusions;</text> </paragraph> <paragraph num="E."> <text>Extend at least to the lateral width of the vehicle and as set forth in this section:</text> <paragraph num="(1)"> <text>This applies to the front bumper and rear bumper, when required, on a vehicle less than 80 inches in overall width;</text> </paragraph> <paragraph num="(2)"> <text>A truck vehicle with a registered GVW of 18,000 pounds or less and 80 inches or more in overall width which is so constructed that the body or chassis without body has a rear ground clearance of more than 30 inches when empty shall be equipped as follows:</text> <paragraph num="(a)"> <text>With a bumper or device serving similar purposes which shall be constructed and located that:</text> <paragraph num="(i)"> <text>The clearance between the effective bottom of the bumper or device and the ground does not exceed 30 inches when the vehicle is empty,</text> </paragraph> <paragraph num="(ii)"> <text>The maximum distance between the closest points between the bumper, or device, if more than one is used, may not exceed 24 inches,</text> </paragraph> <paragraph num="(iii)"> <text>The maximum transverse distance from the widest part of the motor vehicle at the rear to the bumper or device may not exceed 18 inches,</text> </paragraph> <paragraph num="(iv)"> <text>The rear bumper or device shall be located not more than 24 inches forward of the extreme rear of the vehicle, and</text> </paragraph> <paragraph num="(v)"> <text>The bumper or device shall be substantially constructed and firmly attached;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Every motor vehicle constructed and maintained so that the body, chassis, or other parts of the vehicle which afford the rear end protection is in compliance with this section;</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>On a Class A passenger vehicle, be not higher than 20 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;</text> </paragraph> <paragraph num="G."> <text>On a Class E truck vehicle with a registered GVW of 10,000 pounds or less, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;</text> </paragraph> <paragraph num="H."> <text>On a Class E truck vehicle with a registered GVW of more than 10,000 pounds but not more than 18,000 pounds:</text> <paragraph num="(1)"> <text>Be not higher than 30 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands; or</text> </paragraph> <paragraph num="(2)"> <text>If truck is used for spraying agricultural crops, be not higher than 32 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands;</text> </paragraph> </paragraph> <paragraph num="I."> <text>On a Class M multipurpose vehicle, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Modification of Bumper."> <text>A bumper may not be modified or extended upward or downward to compensate for vehicle suspension or body alterations or modifications.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Replacement Bumper."> <text>Every replacement bumper shall be constructed, designed and mounted to comply with all requirements established in this chapter.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 22, 1975 (2:2 Md. R. 86)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)</annotation> </annotations> </chapter> <chapter num="04" heading="Energy Absorption System" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 20, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 9, 1075 (2:14 Md. R. 1008)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective September 16, 1991 (18:18 Md. R. 2006)</annotation> </annotations> </chapter> <chapter num="05" heading="Motorcycles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Face shield” means a transparent device worn in front of the eyes and covering a portion or all of the face, the primary function of which is to protect the eyes and face.</text> </paragraph> <paragraph num="(3)"> <text>“Goggles” means a device with contour-shaped eyecups contacting the face and made with glass or plastic lenses, which is worn for the protection of the eyes and eye sockets.</text> </paragraph> <paragraph num="(4)"> <text>“Protective helmet or headgear” means a device primarily intended to protect the upper part of the wearer's head against a blow or impact.</text> </paragraph> <paragraph num="(5)"> <text>“Spectacles” means two lenses and a frame front which supports the lenses around their entire periphery, of suitable size and shape, connected by a nose bridge, and retained on the face by temples or other suitable means.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Protective Helmets."> <paragraph num="A."> <text>On and after October 1, 1992, a person may not use, loan, borrow, sell, offer for sale, or distribute any protective helmets for use by the operators of motorcycles, or protective helmets for use by passengers, unless the protective helmets meet the standards established by the Administration.</text> </paragraph> <paragraph num="B."> <text>The Federal Motor Vehicle Safety Standard (FMVSS) 218, Motorcycle Helmets, 49 CFR §571.218 (1991), which is incorporated by reference, is adopted as the minimum standard for helmets required to be worn by operators and passengers on motorcycles in accordance with the requirements of Transportation Article, §21-1306, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The test procedures for protective helmets or headgear shall be the test procedures described in FMVSS 218.</text> </paragraph> <paragraph num="D."> <text>The Administration shall accept all helmets which comply with the requirements of FMVSS 218, Motorcycle Helmets, 49 CFR §571.218 (1991).</text> </paragraph> <paragraph num="E."> <text>The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.</text> </paragraph> <paragraph num="F."> <text>Chin Strap.</text> <paragraph num="(1)"> <text>Each approved helmet shall be equipped with either a neck or chin strap and be fastened when the motorcycle is in motion.</text> </paragraph> <paragraph num="(2)"> <text>The protective headgear shall be worn on the head with chin strap properly fastened, and in contact with the chin or jaw by both operator and passenger at all times that the motorcycle is in motion.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Face Shields, Goggles, and Spectacles of Motorcycle Operators."> <paragraph num="A."> <text>Pursuant to the provisions of Transportation Article, §21-1306, Annotated Code of Maryland, the Administration shall adopt specifications and test procedures for face shields, goggles, and spectacles for motorcycle operators as established in the federal Food and Drug Administration regulations on impact resistance, 21 CFR §801.410(d)(2), which is incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>A person may not use, loan, borrow, sell, offer for sale, or distribute any face shields, goggles, or spectacles for use by operators of motorcycles or passengers unless the face shields, goggles, or spectacles are in compliance with the standard set forth in §A of this regulation as approved by the Administration.</text> </paragraph> <paragraph num="C."> <text>Approval. The Administration shall accept all face shields, goggles, and spectacles which comply with the provisions of 21 CFR §801.410(d)(2), which is incorporated by reference.</text> </paragraph> <paragraph num="D."> <text>All face shields, goggles, and spectacles shall be so designed as to allow the wearer an angle of vision of not less than 105 degrees and shall be worn in such a manner as not to be accidentally dislodged. Face shields, goggles, or spectacles shall be worn at all times, covering the face or eyes, or both, by both the operator and passenger of a motorcycle that is in motion. During such periods as vehicles are required to display lights, only nontinted (clear) materials shall be used in face shields, goggles, and spectacles.</text> </paragraph> <paragraph num="E."> <text>The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Rearview Mirrors on Motorcycles."> <text>Under the provisions of Transportation Article, §22-403, Annotated Code of Maryland, every motorcycle shall be equipped with two rearview mirrors, one each attached either to the right and left handlebars or to the right and left sides of the motorcycle fairing, and on and after July 1, 1973 shall meet the following standards:</text> <paragraph num="A."> <text>The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions;</text> </paragraph> <paragraph num="B."> <text>The mirror shall be regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury;</text> </paragraph> <paragraph num="C."> <text>The reflective surface of the mirror shall be of a size not less than 7 square inches and shall be capable of reflecting a view of the highway for a distance of at least 200 feet to the rear of the vehicle on which it is mounted;</text> </paragraph> <paragraph num="D."> <text>The mirror assembly shall be capable of adjustment within a range that will reflect an image that includes at least the horizon and the road surface 35 feet to the rear of the vehicle on which it is mounted.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 effective February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective September 17, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in</annotation> <annotation type="History" subtype="Administrative History">COMAR)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 15, 1993 (20:5 Md. R. 515)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)</annotation> </annotations> </chapter> <chapter num="06" heading="Speedometer and Odometer on Passenger Cars and Light Trucks"> <regulation prefix="Regulation" num=".01" heading="Components."> <text>Speedometers and odometers, when inspected, shall have legible dials and calibrations and register speed and distance traveled in miles or kilometers, or both, and be connected and operable. When the odometer is calibrated only in kilometers, a written notice shall be posted on the instrument panel in full view of the driver, and the notice shall contain the formula for converting kilometers to miles. Example: “Kilometers” divided by 1.609 equals “miles”.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Service, Repair, or Replacement of an Odometer."> <text>Nothing in this title prevents the service, repair, or replacement of an odometer, whether calibrated in miles or kilometers, provided the distance traveled that is indicated on the odometer remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same distance traveled before the service, repair, or replacement, the odometer shall be adjusted to read zero, and a notice in writing shall be attached to the left door frame of the vehicle by the owner, his agent, or the person performing the service, repair, or replacement specifying the distance traveled before repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of the notice shall be a violation of this regulation.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Odometer Disclosure Certification."> <text>At the time of sale of a vehicle, the seller or transferor shall furnish the buyer an odometer disclosure certification which shall include the vehicle’s odometer reading and any reading which has been attached to the vehicle’s door frame in accordance with Regulation .02 of this chapter. The odometer disclosure certification shall be presented to the Motor Vehicle Administration upon application for title.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Verification of Odometer Disclosure Certification."> <paragraph num="A."> <text>The Motor Vehicle Administration, upon receipt of the odometer disclosure certification, shall verify that the vehicle’s odometer reading included in the certification corresponds with the odometer reading on the application for title accompanying the certification.</text> </paragraph> <paragraph num="B."> <text>If a vehicle has been repossessed, the Motor Vehicle Administration shall verify that any odometer reading on any documents submitted to the Motor Vehicle Administration corresponds with the odometer readings on both the application for title and the odometer disclosure certification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Filing Odometer Disclosure Certification."> <paragraph num="A."> <text>Upon verification that all odometer readings correspond, the mileage indicated on the odometer disclosure certification shall be assumed correct and made a part of the permanent record of the Motor Vehicle Administration.</text> </paragraph> <paragraph num="B."> <text>As part of the permanent record, the Motor Vehicle Administration may not change the mileage reflected on the original title or any duplicate titles issued unless the:</text> <paragraph num="(1)"> <text>Ownership of the vehicle changes and a new odometer disclosure certification is submitted as required by Regulation .03 of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>Motor Vehicle Administration determines that the actual mileage is greater than the mileage reflected in the original title or any duplicate titles, and the owner requests a change to the known actual mileage.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 24, 1975 (2:29 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="07" heading="Vehicle Identification Numbers"> <regulation prefix="Regulation" num=".01" heading="All New Vehicles."> <text>All classes of new motor vehicles produced by either domestic or foreign manufacturers presented for titling in Maryland shall conform to 49 CFR 565, as amended.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Other Vehicles."> <text>All other vehicles to be titled in this State shall be accompanied by proof of the identity of the vehicle that the Motor Vehicle Administration reasonably requires.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(B), Annotated Code of Maryland; 49 CFR 565</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 27, 1976 (3:22 Md. R. 1254)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03A, .05A, D, E, and .06A, D, E amended effective January 27, 1978 (5:2 Md. R. 64)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective May 4, 1979 (6:9 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 26, 1982 (9:8 Md. R. 822)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="08" heading="Vehicle Connecting Devices and Towing Methods"> <regulation prefix="Regulation" num=".01" heading="Repealed." /> <regulation prefix="Regulation" num=".02" heading="Purpose, Scope, and Application."> <paragraph num="A."> <text>The purpose of this chapter is to provide minimum requirements for motor vehicle connecting devices and towing methods and is designed to reduce towing and hitch related accidents.</text> </paragraph> <paragraph num="B."> <text>The scope of this chapter is directed to the regulation of trailer hitches and towing devices, towing methods, testing methods, certification requirements, installation compliance, and other requirements as defined in this chapter.</text> </paragraph> <paragraph num="C."> <text>This chapter applies to all trailer hitches and connecting devices for use on all trailers and semitrailers having a registered gross weight of 10,000 pounds or less and on all motor vehicles that may be employed as a towing vehicle for the trailer or semitrailer when being operated upon the highways of this State. This chapter does not apply to truck-tractor-trailer combinations and semitrailer combinations designed and used for carrying freight or merchandise in the furtherance of any commercial enterprise or for those devices used for drawing another vehicle by means of a tow truck or wrecker.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Chain attaching means” means a bolt, hook, pin, hole, eye, clevis, bracket, bar, or any other device mounted on and used for anchoring or attaching safety chains to the towed or towing vehicle or hitch.</text> </paragraph> <paragraph num="(2)"> <text>“Coupling” means that part of the primary connecting system normally mounted on the trailer, such as a socket, by which the connection is actually made and including the supporting attachment to the trailer frame.</text> </paragraph> <paragraph num="(3)"> <text>“Gross vehicle weight rating (GVWR)” means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle.</text> </paragraph> <paragraph num="(4)"> <text>Hitch.</text> <paragraph num="(a)"> <text>“Hitch” means that part of the primary connecting system normally mounted on the towing vehicle, including a ball-support platform and those components which are attached to the towing vehicle.</text> </paragraph> <paragraph num="(b)"> <text>“Weight-distributing hitch” means a mechanical device that connects the trailer to the towing vehicle, and by means of a leverage applied on both trailer and car structures or axles, when properly adjusted, distributes the imposed vertical load at the hitch and coupling connection between the structures or axles of towing vehicle and trailer. The towing vehicle thus loaded tends to retain a level position with respect to the road.</text> </paragraph> <paragraph num="(c)"> <text>“Weight-carrying hitch” means a mechanical or structural device that connects the trailer to the towing vehicle, and that does not employ features designed to redistribute the load imposed at the hitch and coupling connection. Weight-carrying hitches may be designed for bolting or other attachment to the towing vehicle frame, unitized body, bumper structure, or to a combination of these or other points which meet the requirements of Table 2 of Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Maximum gross trailer weight (MGTW)” means the weight of the trailer plus the weight of all cargo, consumables, and equipment loaded on the trailer when in an actual underway towing condition.</text> </paragraph> <paragraph num="(6)"> <text>“Manufactured” means the date that parts or components for devices regulated by this chapter are fabricated, assembled, packaged, or labelled, and in a saleable condition in the manufacturer's inventory of finished goods.</text> </paragraph> <paragraph num="(7)"> <text>“Maximum vertical load on hitch (tongue weight)” means the vertical downward static force exerted on the hitch by the coupling at the point of connection of coupling and hitch, with weight distribution features or devices, if any, deactivated. Tongue weight is measured at the trailer coupling, with the trailer in a level position (detached from the hitch), and with trailer consumables and cargo in maximum loaded conditions.</text> </paragraph> <paragraph num="(8)"> <text>Primary Connecting System.</text> <paragraph num="(a)"> <text>“Primary connecting system” means the combination of devices and their attaching structures that are normally used to connect a towing vehicle and trailer during towing operations.</text> </paragraph> <paragraph num="(b)"> <text>“Primary connecting system” includes, but is not limited to, the ball and socket type of connection or the draft means of connection.</text> </paragraph> <paragraph num="(c)"> <text>“Primary connecting system” does not include a:</text> <paragraph num="(i)"> <text>Safety chain which is a part of a secondary system normally used only when the primary connecting system fails; or</text> </paragraph> <paragraph num="(ii)"> <text>Weight distributing or sway control feature or device which functions as an accessory to the maintenance of the towing vehicle-trailer connection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Safety chains” means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system. The term “safety chains” includes not only chains, cable, or wire ropes, or equivalent flexible member, but also any splice clamp, socket, snap, eye, ring, thimble, pin, or other fastening device or forming method which is part of the assembly of any such flexible tension member.</text> </paragraph> <paragraph num="(10)"> <text>“Tables 1, 2, 3, 4, and 5 and Figures 1, 2, 3, and 4” referred to in this chapter are contained in Regulation .10 of this chapter.</text> </paragraph> <paragraph num="(11)"> <text>“Trailer” means any towed vehicle having a registered gross vehicle weight rating of 10,000 pounds or less.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Light Service Devices and Systems."> <paragraph num="A."> <text>These systems are for use with trailers having a gross vehicle weight rating of 10,000 pounds or less. This includes, but is not limited to such types as the utility, boat, camping, travel, and other trailers which are normally towed by the conventional passenger car, or similarly constructed vehicle, or light-duty truck. This regulation is intended basically for the ball-and-socket type of primary connecting system, but does include the fifth wheel and pintle hook-type system when used on vehicles subject to this regulation.</text> </paragraph> <paragraph num="B."> <text>Trailer Classification.</text> <paragraph num="(1)"> <text>Class 1—Trailers, with a gross weight not exceeding 2,000 pounds.</text> </paragraph> <paragraph num="(2)"> <text>Class 2—Trailers, with a gross weight over 2,000 pounds, but not exceeding 3,500 pounds.</text> </paragraph> <paragraph num="(3)"> <text>Class 3—Trailers, with a gross weight over 3,500 pounds, but not exceeding 5,000 pounds.</text> </paragraph> <paragraph num="(4)"> <text>Class 4—Trailers, with a gross weight over 5,000 pounds, but not exceeding 10,000 pounds.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Couplings.</text> <paragraph num="(1)"> <text>Coupling Classification. There shall be four major strength classifications, or designations of couplings. The designation shall be based on the maximum gross trailer weight (MGTW) the coupling is qualified to tow. The No. 1 couplings shall be used for towing Class 1 trailers; No. 2 couplings for Class 2 or smaller trailers; No. 3 couplings for Class 3 or smaller trailers; and No. 4 couplings for Class 4 or small trailers. This is not intended to limit the number or variety of couplings in a given class, or designation.</text> </paragraph> <paragraph num="(2)"> <text>Coupling Ultimate Strength. Each coupling and hitch ball, when subjected to static bench tests in a rigid, non-yielding test fixture, shall withstand the test loads specified in Table 1 without incurring failure. For purposes of this regulation, failure occurs at the point at which the coupling or ball will accept no additional test load.</text> </paragraph> <paragraph num="(3)"> <text>Coupling and Hitch Ball Test Procedure. A new coupling or ball shall be used for each mode of load application. Each type of test load is to be applied individually to one component at a time, utilizing a non-yielding test fixture similar in design to the typical test fixture illustrated in Figure 1. When testing a coupling, a hardened ball shall be used. When testing a ball, a hardened coupling shall be used.</text> </paragraph> <paragraph num="(4)"> <text>Attachment of Couplings. Each coupling is to be mounted to the trailer attaching member by bolting, welding, or riveting in such manner that the towing loads are safely and adequately transferred to that member.</text> </paragraph> <paragraph num="(5)"> <text>Provisions for Safety.</text> <paragraph num="(a)"> <text>Each coupling, regardless of classification, or designation, shall be equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation. In addition to this positive locking mechanism, the coupling shall be so designed that the trailer can be disconnected from the towing vehicle regardless of the angle of the trailer to the towing vehicle.</text> </paragraph> <paragraph num="(b)"> <text>Each hitch ball shall be equipped and installed with a lock washer or equivalent device and each replacement hitch ball shall be marketed with a lock washer or equivalent device with instructions as to proper installation provided by the responsible manufacturer.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Hitches."> <paragraph num="A."> <text>Hitch Rating. Hitches shall be rated by the maximum gross trailer weight (MGTW) and the maximum vertical load on hitch (tongue weight) each is qualified to tow.</text> </paragraph> <paragraph num="B."> <text>Hitch Strength Requirements. Each hitch, when subjected to a static bench test, shall conform to the minimum strength requirements contained in Table 2.</text> </paragraph> <paragraph num="C."> <text>Attachment of Hitch. Each hitch shall be attached to the structural member or members of the towing vehicle in such a manner that the tension, compression, and traverse thrust loads shown in Table 2 are transferred to the towing vehicle without residual distortion or failure of either the attachment or the vehicle structure which would affect the safe towing of trailers, as defined in Table 2.</text> </paragraph> <paragraph num="D."> <text>Maximum Vertical Load on Hitch (Tongue Weight). The weight load carried by the hitch at its connection with the trailer coupling may not, when on a level surface, exceed the maximum tongue weight load recommended by the manufacturer for the hitch.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Safety Chains and Attaching Means Required."> <paragraph num="A."> <text>Strength Requirements. Each safety chain and each attaching means shall meet strength requirements as shown in Table 4.</text> </paragraph> <paragraph num="B."> <text>Installation and Connections. The means of attachment of safety chains shall be located equally distant from and on opposite sides of the longitudinal centerline of the towing vehicle and of the trailer, except that where a single length of safety chain is connected to one single means of attachment of a trailer, the single attachment shall be on the trailer longitudinal centerline. Each means of attachment may not be common with or utilize fasteners common with a ball or coupling. A welding operation may not be performed on a safety chain subsequent to its manufacture. Safety chains shall be so connected that the slack for each length of chain between trailer and towing vehicle is the same and is not more than necessary to permit the proper turning of the vehicles. When passing forward to the towing vehicle, safety chains shall be oriented in such a manner as to prevent the tongue from dropping to the ground and to maintain connection in the event of failure of the primary connecting system. (See Figures 3 and 4).</text> </paragraph> <paragraph num="C."> <text>Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection. Safety chains, cables, or equivalent devices may be attached to permanently installed hitch components meeting the strength requirements of §A of this regulation.</text> </paragraph> <paragraph num="D."> <text>Safety chain connections may not be made to the hitch ball, the pintle hook, or pintle hook casting, or to a ball mount designed to be readily removable when not in use.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Identification."> <paragraph num="A."> <text>Device and Component Marking. Each coupling and each hitch shall be legibly and permanently marked on at least one hitch component or related component marketed with the hitch, as shown below. When hitch components (except hitch balls and their hardware) are marketed separately, the following markings shall also appear on at least one of the components in the package or marketing unit:</text> <paragraph num="(1)"> <text>Manufacturer’s or distributor’s name, initials, trademark, or trade name;</text> </paragraph> <paragraph num="(2)"> <text>Model number, part number, or style, and, for couplings only, the class;</text> </paragraph> <paragraph num="(3)"> <text>Maximum gross trailer weight (MGTW) to be drawn; and</text> </paragraph> <paragraph num="(4)"> <text>Maximum vertical load on hitch (tongue weight) to be imposed on the ball or other points of connection.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Hitch Ball Marking. Each hitch ball sold for use in a primary connecting system shall be permanently and legibly marked to show the spherical diameter of the ball; e.g., 1-7/8“, 2”, etc. No other provision of this regulation, except §A(1), as to permanent marking shall apply to hitch balls.</text> </paragraph> <paragraph num="C."> <text>Labelling. Each crate, box, or other container in which a coupling or hitch is packed shall be imprinted or labelled to display at least the same information required in §A for marking, except that the maximum gross trailer weight (MGTW) to be drawn shall be shown for each coupling regardless of class. Further, the year, make, and model of each vehicle on which a hitch may be installed and meet the requirements of this chapter shall be shown but may be shown on an enclosed sheet, or sheets, separate from the imprintation, or labelling, or on hitch manufacturer's application tables which are kept available at the locations where the device or system is sold, either for resale or for use. However, the provision contained in the preceding sentence does not apply to hitches adaptable to a large number of vehicles and designated to be a universal type.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Identification Installation Maintenance Compliance."> <paragraph num="A."> <text>Marking and Labelling. Each vehicle connecting device, method, or system shall be marked and labelled as required by Regulation .07 of this chapter. The marking and labelling shall show the responsible manufacturer. A pressure sensitive label will be acceptable if of a weather-resistant type which cannot be removed without destroying or defacing it.</text> </paragraph> <paragraph num="B."> <text>Installation and Maintenance.</text> <paragraph num="(1)"> <text>Manufacturer, Packager, Seller. The responsible manufacturer or seller of a vehicle primary connecting device or system shall provide with the device, or with devices making up or used in the system, clear and complete consumer instructions for use, maintenance, and repair, and, when the device or system is not actually installed by the dealer, installation instructions, in accordance with the requirements of this regulation, and proper instruction of the purchaser, or owner, in use and care.</text> </paragraph> <paragraph num="(2)"> <text>Owner, Lessor, Lessee, Borrower. Each owner or lessor shall keep his connecting devices and systems in good condition, maintained, repaired, and rebuilt in accordance with manufacturer's instructions and recommendations. Each owner or lessor, who leases or lends a connecting device or system, shall properly instruct the lessee, or recipient, in the safe and proper use and care for the device or system. Each lessee or borrower shall use and maintain the device, method, or system in accordance with the instructions of the lessor or lender. For the purposes of this regulation, any person who rents a trailer shall be considered to be a lessor.</text> </paragraph> <paragraph num="(3)"> <text>A person may not put into use or continue in use a device or system on which the marking required in §A has been removed, altered, obliterated, disfigured, or otherwise damaged so as to prevent identification of the device, method, or system.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Compliance with Requirements. Each manufacturer shall be responsible for the performance ability of the device or system which he manufactures for use by a prospective owner, lessee, or borrower. When a manufacturer, packager, or seller assembles or packages (unites, collects, aggregates) for use by a prospective owner, lessee, or borrower a device or system from manufacturer, packager, or seller (person, firm, association, or corporation) shall be deemed responsible for the performance of the device or system which he assembles or packages. For the purpose of this regulation, each manufacturer, packager, or seller described in the preceding two sentences shall be known as the “responsible manufacturer”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Certification and Testing - Repealed." /> <regulation prefix="Regulation" num=".10" heading="Tables."> <paragraph num="A."> <text>Table 1.</text> </paragraph> <paragraph num="B."> <text>Table 2.</text> <paragraph num="(a)"> <text>When a hitch is to be tested:</text> <paragraph num="(1)"> <text>Assemble the hitch in its normal configuration as recommended by the hitch manufacturer.</text> </paragraph> <paragraph num="(2)"> <text>Attach the hitch to a non-yielding restraining fixture. The hitch-to-fixture attaching means shall be the same as the normal hitch-to-car attaching means recommended by the hitch manufacturer.</text> </paragraph> <paragraph num="(3)"> <text>The points of hitch-to-fixture attachment shall be located in the same positions as the hitch-to-car attachment point locations recommended by the manufacturer.</text> </paragraph> <paragraph num="(4)"> <text>Attach a ball to the ball support platform in the manner recommended by the hitch manufacturer.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Hitch Test Force Applications. With the hitch attached to the test fixture as specified in footnote(a), above, successively apply the forces designated in Table 2, as follows:</text> <paragraph num="(1)"> <text>Apply the specified downward vertical force concurrently with the specified compressive longitudinal force or spring bar moment.</text> </paragraph> <paragraph num="(2)"> <text>Apply the specified tensile longitudinal force concurrently with the specified downward vertical force.</text> </paragraph> <paragraph num="(3)"> <text>Apply the specified compressive longitudinal force concurrently with the specified downward vertical force.</text> </paragraph> <paragraph num="(4)"> <text>Apply the specified leftward transverse force.</text> </paragraph> <paragraph num="(5)"> <text>Apply the specified rightward transverse force.</text> </paragraph> <paragraph num="(6)"> <text>For hitches with weight distributing capability, apply the specified spring bar, or leveling moment, concurrently with the specified downward vertical force.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Each hitch, when tested as specified above, shall be capable of withstanding the forces applied in accordance with footnote (b), immediately above, without causing permanent deformation of the ball platform, such that the final position of the ball axis may not depart more than 5 degrees from its original, nominally vertical position.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Table 3.</text> </paragraph> <paragraph num="D."> <text>Table 4.</text> </paragraph> <paragraph num="E."> <text>Table 5.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1974</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)</annotation> </annotations> </chapter> <chapter num="09" heading="Nursery School Vehicle Seat Belts and Use"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective August 11, 1986 (13:16 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective August 11, 1986 (13:16 Md. R. 1827)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 17, 1996 (23:12 Md. R. 872)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="10" heading="Ignition Interlock Systems"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>The purpose of this chapter is to establish regulations for the certification, installation, repair, and removal of ignition interlock systems in Maryland and to establish eligibility requirements for participants and minimum standards for service providers under the Maryland Ignition Interlock Program.</text> </paragraph> <paragraph num="B."> <text>The Administration shall:</text> <paragraph num="(1)"> <text>Establish standards for the calibration, maintenance, and service of ignition interlock devices by the manufacturer or service provider of that device;</text> </paragraph> <paragraph num="(2)"> <text>Establish protocol for the Maryland Ignition Interlock Program to include eligibility criteria for participants and minimum standards for service providers;</text> </paragraph> <paragraph num="(3)"> <text>Notify the manufacturer in writing if the Administration certifies a device or service provider;</text> </paragraph> <paragraph num="(4)"> <text>Provide for a review of the certification of ignition interlock devices; and</text> </paragraph> <paragraph num="(5)"> <text>Issue a notice, if necessary, to show cause why a device or service provider should be decertified in the State because of a failure to meet the certification requirements set forth in this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A written notice of the Administration's certification of an ignition interlock device or service provider is a public record under Courts and Judicial Proceedings Article, §10-204, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Administrator” means the Administrator of the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Alcohol” means the generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specific for ethyl alcohol.</text> </paragraph> <paragraph num="(4)"> <text>“Alcohol concentration” (BAC) means the amount of alcohol in a person's blood or breath determined by chemical analysis, which shall be measured by grams of alcohol per:</text> <paragraph num="(a)"> <text>100 milliliters of blood; or</text> </paragraph> <paragraph num="(b)"> <text>210 liters of breath.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Alveolar air” (also called “deep lung air”) means an air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which blood alcohol concentration can be determined. The alveoli are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. Alcohol in the blood is eliminated from the lungs via the alveoli.</text> </paragraph> <paragraph num="(6)"> <text>“Approved service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“BAC” in this chapter means either breath alcohol concentration or blood alcohol concentration.</text> </paragraph> <paragraph num="(8)"> <text>“Device” or “ignition interlock device” means an ignition interlock system as defined in Transportation Article, §21.902.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of a person's breath alcohol analysis exceeds a preset BAC level.</text> </paragraph> <paragraph num="(10)"> <text>“Manufacturer” means any person engaged in the manufacturing or assembling of ignition interlock devices.</text> </paragraph> <paragraph num="(11)"> <text>“Monitoring” means the approved service provider's action of downloading the information obtained in the device's data logging mechanism and submitting this information to the Administration for review.</text> </paragraph> <paragraph num="(12)"> <text>“Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16.404.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Purge” means the process by which a device cleanses or removes a previous breath test sample from the device and specifically removes residual alcohol.</text> </paragraph> <paragraph num="(14)"> <text>“Security” means the protection and safeguards incorporated into ignition interlock devices to ensure proper performance and to ensure against failure caused either by inherent defects or human tampering which causes the device not to operate as designed.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Incorporation by Reference."> <paragraph num="A."> <text>The National Highway Traffic Safety Administration (NHTSA) Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) 57 FR 11772 (1992), as amended, are incorporated by reference as the specifications ignition interlock devices must meet under this chapter.</text> </paragraph> <paragraph num="B."> <text>The Administration shall provide notice and a reasonable implementation period to develop a transition and implementation plan for the approval and use of BAIIDs when new NHTSA Model Specifications are released.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Manufacturer's Application."> <paragraph num="A."> <text>A manufacturer seeking certification of ignition interlock devices shall apply for certification on a form or in a format prescribed by the Administration and shall certify that its ignition interlock devices:</text> <paragraph num="(1)"> <text>Do not impede the safe operation of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Minimize opportunities to be bypassed;</text> </paragraph> <paragraph num="(3)"> <text>Correlate accurately with established measures of blood alcohol levels;</text> </paragraph> <paragraph num="(4)"> <text>Work accurately and reliably in an unsupervised environment;</text> </paragraph> <paragraph num="(5)"> <text>Require a proper and accurate measure of blood alcohol levels;</text> </paragraph> <paragraph num="(6)"> <text>Resist tampering and provide evidence of attempted tampering;</text> </paragraph> <paragraph num="(7)"> <text>Are difficult to circumvent and require premeditation to circumvent;</text> </paragraph> <paragraph num="(8)"> <text>Minimize inconvenience to a sober user;</text> </paragraph> <paragraph num="(9)"> <text>Are manufactured by a party responsible for installation, user training, service, and maintenance;</text> </paragraph> <paragraph num="(10)"> <text>Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;</text> </paragraph> <paragraph num="(11)"> <text>Are manufactured by a person adequately insured for product liability;</text> </paragraph> <paragraph num="(12)"> <text>Provide the option for an electronic log of the driver's experience with the device; and</text> </paragraph> <paragraph num="(13)"> <text>Sold or leased, of the same make and model for which application for certification is sought, meet the requirements for certification set forth in the specifications of the devices.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An application for certification shall include, in addition to other information which the Administration may require:</text> <paragraph num="(1)"> <text>The name and address of the manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>The name and model number of the device;</text> </paragraph> <paragraph num="(3)"> <text>A detailed description of the device including instructions for its installation and operation;</text> </paragraph> <paragraph num="(4)"> <text>Technical specifications descriptive of the device’s accuracy, security, data collection and recording, digital photographic image collection, tamper detection, and environmental features;</text> </paragraph> <paragraph num="(5)"> <text>A description of the manufacturer's present or planned provisions for distribution of the device in Maryland including all locations in the State where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;</text> </paragraph> <paragraph num="(6)"> <text>A certificate from an insurance company licensed in Maryland evidencing that the manufacturer holds product liability insurance as required in Regulation .05 of this chapter;</text> </paragraph> <paragraph num="(7)"> <text>A certified copy of the drawings, schematics, and wiring protocols for the device and its components as confidential commercial information not subject to disclosure under General Provisions Article, Title 4, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(8)"> <text>A sample warning label, to be affixed to each device, which shall be in compliance with Transportation Article, §27-108, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Guidelines."> <paragraph num="A."> <text>Correlation.</text> <paragraph num="(1)"> <text>The ignition interlock device shall correlate with an alcohol concentration recommended under the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter with the accuracy provided for in these specifications, but may not be higher than 0.025 percent.</text> </paragraph> <paragraph num="(2)"> <text>A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and interlock when an individual has an alcohol concentration of 0.025 percent or higher.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Reliability.</text> <paragraph num="(1)"> <text>Device user complaints shall be reported as required in Regulation .14 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Complaints shall be serviced as follows:</text> <paragraph num="(a)"> <text>Customer error in operation or misuse shall be corrected with additional instructions;</text> </paragraph> <paragraph num="(b)"> <text>Device problems due to component failures shall be corrected through exchange of appropriate package.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Accuracy.</text> <paragraph num="(1)"> <text>Breath test devices shall use breath specimens which are alveolar air samples (“deep lung air”) in accordance with established forensic alcohol standards meeting the specifications contained in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The calibrated setting shall be at 0.025 percent BAC. The device shall have an accuracy of 90 percent and shall detect and interlock when the air sample provided to it contains alcohol at or above the calibrated setting.</text> </paragraph> <paragraph num="(3)"> <text>The ignition interlock device shall be calibrated for proper use and accuracy semiannually, or more frequently as the circumstances may require.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Security.</text> <paragraph num="(1)"> <text>The device, the installation of the device, and the monitoring of the device, including the transmission of data to the Administration, shall provide for the security features set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The manufacturer and the service provider shall take all reasonable steps necessary to prevent tampering or circumvention of the device, as set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Environmental Features. The device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. The device shall:</text> <paragraph num="(1)"> <text>Be resistant to shock and vibration as normally found in a motor vehicle environment;</text> </paragraph> <paragraph num="(2)"> <text>Operate accurately over a temperature range of -20°C to +70°C; and</text> </paragraph> <paragraph num="(3)"> <text>Operate accurately with an altitude range of 0 to 2,500 feet (sea level to 2,500 feet above sea level).</text> </paragraph> </paragraph> <paragraph num="F."> <text>Mandatory Operational Features.</text> <paragraph num="(1)"> <text>The device shall:</text> <paragraph num="(a)"> <text>Be designed to permit a restart (grace period) of a vehicle's ignition within 120 seconds after the ignition has been shut off, without requiring a further test;</text> </paragraph> <paragraph num="(b)"> <text>Automatically purge residual alcohol before allowing subsequent tests;</text> </paragraph> <paragraph num="(c)"> <text>Be provided with a supply of disposable mouthpieces with saliva traps, and the manufacturer shall ensure the availability of additional mouthpieces;</text> </paragraph> <paragraph num="(d)"> <text>Be required to be stowed out of the way before starting the motor vehicle;</text> </paragraph> <paragraph num="(e)"> <text>Be designed so that a second breath test is performed once a vehicle has been underway for at least 5 minutes but not more than 30 minutes; and</text> </paragraph> <paragraph num="(f)"> <text>Have an onboard datalogger, which shall be:</text> <paragraph num="(i)"> <text>Capable of being downloaded in an installation facility or in the field through mobile means; and</text> </paragraph> <paragraph num="(ii)"> <text>Encrypted with the software programs allowing access to the data stored in the device kept secure and protected from public access.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon participant request, a service provider shall provide an ignition interlock device that includes:</text> <paragraph num="(a)"> <text>Visual alerts to notify the driver of required actions, including a random test;</text> </paragraph> <paragraph num="(b)"> <text>Vibration alerts that may be effective in alerting a driver who is deaf or hard of hearing; or</text> </paragraph> <paragraph num="(c)"> <text>Both §F(2)(a) and (b) of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Mandatory Operational Features — Camera.</text> <paragraph num="(1)"> <text>The device shall have a camera with the capability of recording and storing still images without the capability to record sound or video and that records photographic images only while the device is testing the blood alcohol level of the individual taking the test or if tampering with the device is detected.</text> </paragraph> <paragraph num="(2)"> <text>The camera required under §G(1) of this regulation:</text> <paragraph num="(a)"> <text>May not pose a threat to the individual taking the test or passengers of the vehicle in the event it becomes displaced;</text> </paragraph> <paragraph num="(b)"> <text>Shall take an image of the individual taking the test with sufficient clarity and resolution to allow the individual taking the test to be identified;</text> </paragraph> <paragraph num="(c)"> <text>Shall operate in all lighting conditions, and capture a clear image of the individual taking the test for identification; and</text> </paragraph> <paragraph num="(d)"> <text>Shall focus on and take images of the individual taking the test while the individual is completing the breath alcohol test with the ignition interlock device as specified by the Administration.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Product Liability."> <paragraph num="A."> <text>The manufacturer of the device shall carry product liability insurance with minimum liability limits of 1 million dollars per occurrence, with 3 million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will be given to the Administration before cancellation of the insurance.</text> </paragraph> <paragraph num="B."> <text>The manufacturer shall provide to the Administration a statement that the manufacturer is totally responsible for product liability and shall defend and indemnify the following from any liability resulting from the device or its installation or use:</text> <paragraph num="(1)"> <text>The State of Maryland, including all of its units and all State personnel as defined in State Government Article, §12-101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The court that ordered installation of the device; and</text> </paragraph> <paragraph num="(3)"> <text>The testing laboratory that has verified that the device meets the Administration's standards and requirements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Warranty."> <text>The manufacturer shall guarantee performance and provide support for service within 48 hours after notification of complaint. This support shall be effective for the duration of the probationary period under which the device is required to be installed in the vehicle.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Warning Label."> <text>The manufacturer shall affix to each device a warning label containing the following language: “A person tampering with, circumventing, or otherwise misusing this Ignition Interlock System is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.”</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Installation Standards."> <paragraph num="A."> <text>The manufacturer of the device is responsible for ensuring proper installation procedures to include, but not to be limited to, the following:</text> <paragraph num="(1)"> <text>Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;</text> </paragraph> <paragraph num="(2)"> <text>Customers or other unauthorized persons may not be allowed to watch the installation of the device;</text> </paragraph> <paragraph num="(3)"> <text>Adequate security measures shall be taken to prevent unauthorized persons from accessing secured materials (tamper seals, installation instructions, computer disks, and any other material required to install, calibrate, monitor, or service the device);</text> </paragraph> <paragraph num="(4)"> <text>Each manufacturer shall develop detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Administration;</text> </paragraph> <paragraph num="(5)"> <text>The installer shall screen the vehicles for acceptable mechanical and electrical conditions, in accordance with the manufacturer's instructions;</text> </paragraph> <paragraph num="(6)"> <text>Conditions that would interfere with the function of the device (for example, low battery or alternator voltage, stalling frequent enough to require additional breath tests, etc.) shall be corrected to an acceptable level;</text> </paragraph> <paragraph num="(7)"> <text>Installations shall be made in a workmanlike manner in accordance with accepted trade standards, and according to the instructions provided by the manufacturer;</text> </paragraph> <paragraph num="(8)"> <text>After a device is installed, the vehicle and device shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle after it has been started;</text> </paragraph> <paragraph num="(9)"> <text>Each installation shall include all of the tamper resistant features required by the manufacturer and the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The manufacturer shall be responsible for ensuring physical anti-tamper securities which include, but which are not limited to, the following:</text> <paragraph num="(1)"> <text>A unique and easily identifiable wire, covering, or sheathing over all wires used to install the device, which are not inside a secured enclosure;</text> </paragraph> <paragraph num="(2)"> <text>A unique and easily identifiable covering, seal, epoxy, or resin at all exposed electrical connections for the device;</text> </paragraph> <paragraph num="(3)"> <text>Connections to the vehicle which shall be under the dash or in an inconspicuous area of the vehicle;</text> </paragraph> <paragraph num="(4)"> <text>A unique and easily identifiable tamper seal, epoxy, or resin at all openings (except the breath and exhaust ports) of the hand-held unit, control, and support units;</text> </paragraph> <paragraph num="(5)"> <text>Depending on the level of electronic anti-tampering security of a device, additional anti-tamper measures that could be taken such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to starter solenoid, wire to ignition, dash screws).</text> </paragraph> </paragraph> <paragraph num="C."> <text>The manufacturer is responsible for ensuring electronic anti-tampering securities which include, but which are not limited to, the following:</text> <paragraph num="(1)"> <text>The device shall detect when the vehicle has been started without a breath test being passed, and shall either display the tamper or record it, or both, in a way that the information can be retrieved at a later date.</text> </paragraph> <paragraph num="(2)"> <text>The device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device.</text> </paragraph> <paragraph num="(3)"> <text>The device shall continuously record the time and date for each of the following vehicle and device operations:</text> <paragraph num="(a)"> <text>Breath test fail;</text> </paragraph> <paragraph num="(b)"> <text>Breath test pass;</text> </paragraph> <paragraph num="(c)"> <text>Alcohol level of breath test; and</text> </paragraph> <paragraph num="(d)"> <text>Any attempt to tamper with the device.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>When a device detects a condition that would be considered tampering, the device shall activate an indicator or interrupt device and capture and store a photographic image.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Periodic Inspections."> <paragraph num="A."> <text>At the time of device installation, the device shall be checked to make sure that it is functioning properly and accurately. Self-diagnostic features shall also be checked.</text> </paragraph> <paragraph num="B."> <text>Tamper inspections shall be conducted at any time that the device is given routine inspection, maintenance, or repair. Tamper inspections shall include the following:</text> <paragraph num="(1)"> <text>Inspect all external wiring insulation, connections, and sheathing for the device and where the device connects to the vehicle. Document and photograph any perforations, cuts, or other evidences of possible tampering.</text> </paragraph> <paragraph num="(2)"> <text>Record or document any electronic indications of tampering.</text> </paragraph> <paragraph num="(3)"> <text>Inspect all tamper seals for breaks, tears, or other evidence of tampering. Document and photograph any evidence of tampering.</text> </paragraph> <paragraph num="(4)"> <text>Check device for proper operation to ensure tamper detection capabilities.</text> </paragraph> <paragraph num="(5)"> <text>After all evidence of tampering has been recorded, photographed, and reported to the appropriate law enforcement agencies, restore the system and its tamper seals, etc., to their original condition to prevent further abuse.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration or its designees shall have the right to inspect installation and service of the devices.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="User Orientation and Support."> <paragraph num="A."> <text>The vehicle operator shall be provided:</text> <paragraph num="(1)"> <text>Written instructions on how to clean and care for the device;</text> </paragraph> <paragraph num="(2)"> <text>Written instructions on what type of vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;</text> </paragraph> <paragraph num="(3)"> <text>Written notice about how the device may be affected by high altitudes;</text> </paragraph> <paragraph num="(4)"> <text>Written notice about the requirement that the vehicle operator must remain in clear view of the camera at all times while a breath sample is being provided;</text> </paragraph> <paragraph num="(5)"> <text>Written and hands-on training on how to use the device after it is installed in the operator's vehicle. This shall include all persons who are authorized to use the vehicle that has had a device installed; and</text> </paragraph> <paragraph num="(6)"> <text>A training video that includes closed captioning.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The manufacturer shall provide an emergency 24-hour phone number that a user may contact to receive assistance. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure of a device shall be provided within 3 hours for vehicles located in or near an area with an installation or repair facility. The device shall be made functional within 48 hours from when the call for assistance is made.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Personnel Requirements."> <text>The manufacturer shall be responsible for device installation, user training, service, and maintenance. The following apply:</text> <paragraph num="A."> <text>Installers shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions.</text> </paragraph> <paragraph num="B."> <text>Personnel who install, calibrate, perform tamper inspections, or perform reporting duties, or all of these, may not have been convicted of a crime substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. This may include, but is not limited to, persons:</text> <paragraph num="(1)"> <text>Convicted of any alcohol or drug-related offense within the last 3 years;</text> </paragraph> <paragraph num="(2)"> <text>Convicted of more than one alcohol or drug-related offense overall;</text> </paragraph> <paragraph num="(3)"> <text>Convicted of probation violation;</text> </paragraph> <paragraph num="(4)"> <text>Convicted of perjury; or</text> </paragraph> <paragraph num="(5)"> <text>Who have had a license or registration revoked, suspended, or denied for a violation or violations of motor vehicle safety equipment laws.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Persons who can show acceptable evidence of rehabilitation may be considered for the positions in §B.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Facility Requirements."> <paragraph num="A."> <text>Facilities, which may include mobile or satellite units, where interlock devices are installed, serviced, monitored, or removed shall:</text> <paragraph num="(1)"> <text>Be in an area where customers are not allowed to watch the installation, calibration, or removal of a device;</text> </paragraph> <paragraph num="(2)"> <text>Be open during normal business hours with after hours service capability;</text> </paragraph> <paragraph num="(3)"> <text>Be established to service the geographical location and volume of individuals who qualify for and are admitted into the program;</text> </paragraph> <paragraph num="(4)"> <text>Have records maintained for 5 years; and</text> </paragraph> <paragraph num="(5)"> <text>Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install devices.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The tools, test equipment, and manuals required under §A(5) of this regulation include, but are not limited to, the following:</text> <paragraph num="(1)"> <text>Tools necessary to ensure electrical connections are made in a workmanlike manner in accordance with accepted trade standards (for example, properly soldered or mechanically crimped with high quality connectors);</text> </paragraph> <paragraph num="(2)"> <text>Heat gun if heat shrink tubing or heat set labels are used;</text> </paragraph> <paragraph num="(3)"> <text>Volt/ohmmeter;</text> </paragraph> <paragraph num="(4)"> <text>Test light;</text> </paragraph> <paragraph num="(5)"> <text>Battery testing equipment and servicing tools (for example, load tester, terminal cleaning tools, battery filler, etc.); and</text> </paragraph> <paragraph num="(6)"> <text>Electrical wiring diagrams or reference guide, or both, for electrical systems on import and domestic vehicles, 20 years old or less, necessary for the installation and operation of the device.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Testing Procedure for Certification."> <paragraph num="A."> <text>Testing shall be performed under the specifications set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter by an entity approved by the Administration for the purpose of establishing the accuracy and reliability of candidate breath test ignition interlock devices.</text> </paragraph> <paragraph num="B."> <text>Results of Tests. As a prerequisite to certification, the manufacturer shall submit a notarized letter or affidavit, or both, from the Director of an approved testing laboratory certifying that the device by model or class, or both, meets or exceeds all requirements set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter. This affidavit shall also include:</text> <paragraph num="(1)"> <text>The name and location of the testing laboratory;</text> </paragraph> <paragraph num="(2)"> <text>The address and phone number of the testing laboratory;</text> </paragraph> <paragraph num="(3)"> <text>A description of the tests performed;</text> </paragraph> <paragraph num="(4)"> <text>Copies of the data and results of the testing procedures; and</text> </paragraph> <paragraph num="(5)"> <text>The names and qualifications of the individuals performing the tests.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Reports Required by Manufacturer."> <paragraph num="A."> <text>The manufacturer shall provide to the Administration:</text> <paragraph num="(1)"> <text>Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way to require laboratory retesting;</text> </paragraph> <paragraph num="(2)"> <text>Annually, an information report detailing:</text> <paragraph num="(a)"> <text>The number of devices with visual or vibration alerts, or both, that have been issued;</text> </paragraph> <paragraph num="(b)"> <text>The number of deaf and hard of hearing customers;</text> </paragraph> <paragraph num="(c)"> <text>The number of reduced fee interlock units requested by customers;</text> </paragraph> <paragraph num="(d)"> <text>The number of reduced fee interlock units provided; and</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Annually, a summary of all complaints received and corrective action taken by the manufacturer for each model or type of certified device;</text> </paragraph> <paragraph num="(4)"> <text>Semiannually, a report that the ignition interlock devices were checked for proper use and accuracy, detailing any necessary adjustments;</text> </paragraph> <paragraph num="(5)"> <text>A report on a device denied certification in another state, whether the denial of certification occurs before or after certification by the Administration; and</text> </paragraph> <paragraph num="(6)"> <text>Any other available information upon request.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The reports required by §A(2) of this regulation shall be categorized by:</text> <paragraph num="(1)"> <text>Customer error of operation;</text> </paragraph> <paragraph num="(2)"> <text>Faulty automotive equipment other than the device;</text> </paragraph> <paragraph num="(3)"> <text>Apparent misuse or attempts to circumvent the device causing damage; and</text> </paragraph> <paragraph num="(4)"> <text>Device failure due to material defect, design defect, or workmanship errors in construction, installation, or calibration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A denial of certification for an ignition interlock model in another state may, at the discretion of the Administrator, be cause for decertification, revocation, or denial of certification for the same model by the Administration in Maryland.</text> </paragraph> <paragraph num="D."> <text>The manufacturer shall provide the Administration and participating agencies the following:</text> <paragraph num="(1)"> <text>Proof of the installation of the system;</text> </paragraph> <paragraph num="(2)"> <text>Reports of the results of the monitoring which:</text> <paragraph num="(a)"> <text>Shall be performed at least every 60 days, or more frequently as the circumstances may require, and</text> </paragraph> <paragraph num="(b)"> <text>May be in the form of an electronic log of the driver's experience with the system;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Within 7 days of discovery, reports of any apparent misuse of the device, tampering, circumventing, or attempts to disconnect, or any other pertinent information; and</text> </paragraph> <paragraph num="(4)"> <text>Any other available information upon request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Fees For Certification."> <text>Approved testing laboratories may have fees associated with their work in the testing of the device and shall be paid directly by the manufacturer. All other costs of obtaining certification of an ignition interlock device shall be paid by the manufacturer of the device to the Administration.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Removal of the Device."> <paragraph num="A."> <text>When notified in writing by the originating court or the Administration, the approved service provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.</text> </paragraph> <paragraph num="B."> <text>Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be used. A participant's vehicle may not be driven without a required device.</text> </paragraph> <paragraph num="C."> <text>Before removal of a device, the manufacturer shall notify the originating court except under the following conditions:</text> <paragraph num="(1)"> <text>Completion of sentence, or other terms of a court order; or</text> </paragraph> <paragraph num="(2)"> <text>Immediate device repair needs.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Revocation of Approval of Ignition Interlock Devices."> <paragraph num="A."> <text>The Administration may revoke approval of a device, and remove it from the list of acceptable devices, upon any of the following grounds:</text> <paragraph num="(1)"> <text>Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;</text> </paragraph> <paragraph num="(2)"> <text>Termination of manufacturer's liability insurance;</text> </paragraph> <paragraph num="(3)"> <text>Notification that the manufacturer is no longer in business;</text> </paragraph> <paragraph num="(4)"> <text>Voluntary request of the manufacturer to remove a device from the acceptable list;</text> </paragraph> <paragraph num="(5)"> <text>Any findings that the manufacturer is not in compliance with the provisions of this chapter or Transportation Article, §§16-404.1 and 27-108, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(6)"> <text>Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The effective date of revocation shall be 15 days after notification is sent to the manufacturer via certified mail, except in cases where the Administration determines immediate revocation is necessary for the safety and welfare of the public.</text> </paragraph> <paragraph num="C."> <text>Manufacturers may request a review of revocation. This request shall be submitted to the Administration, in writing, within 15 days of the revocation.</text> </paragraph> <paragraph num="D."> <text>Upon revocation or voluntary surrender of an approval, a manufacturer shall be responsible for removal of all like devices from customers' vehicles.</text> </paragraph> <paragraph num="E."> <text>A manufacturer shall be responsible for any costs connected with removal of its revoked devices from customers' vehicles and the installation of new devices from the Administration's list of approved devices.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Exemption."> <text>An ignition interlock device certified and installed before October 1, 2019, may continue to be used until the earliest of:</text> <paragraph num="A."> <text>The expiration of the original term of the court order;</text> </paragraph> <paragraph num="B."> <text>The expiration of the Administration's required term for the device installation; or</text> </paragraph> <paragraph num="C."> <text>The customer’s reentry into the Ignition Interlock System Program if the Motor Vehicle Administration allows an individual to reenter the Program after a period of 30 days from the date of removal with a device that was installed prior to October 1, 2019.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Repealed." /> <regulation prefix="Regulation" num=".20" heading="Service Providers."> <paragraph num="A."> <text>Service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems shall:</text> <paragraph num="(1)"> <text>Apply to the Administration for certification as an approved service provider;</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information on ignition interlock systems;</text> </paragraph> <paragraph num="(3)"> <text>Be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems; and</text> </paragraph> <paragraph num="(4)"> <text>Be deemed to be authorized representatives of a manufacturer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>After the Administration notifies a service provider of certification approval, the service provider shall:</text> <paragraph num="(1)"> <text>File with the Administration a surety bond in the amount of $10,000; and</text> </paragraph> <paragraph num="(2)"> <text>Notify the Administration within 5 days if the surety bond is canceled, revoked, or suspended.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Any service of notice upon an approved service provider who has violated any laws or regulations or whose ignition interlock system is not in compliance with any laws or regulations is deemed as service upon the manufacturer who certified the approved service provider.</text> </paragraph> <paragraph num="D."> <text>An approved service provider shall:</text> <paragraph num="(1)"> <text>Provide adequate facilities as required in Regulation .12 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Provide service and installation records for inspection on the request of the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Keep all personal and medical information provided to the service provider regarding Program participants confidential except to the Administration and its authorized representatives;</text> </paragraph> <paragraph num="(4)"> <text>Install devices for eligible participants in the Program within 10 days of the date of requested installation by a Program participant;</text> </paragraph> <paragraph num="(5)"> <text>Provide a toll-free 24-hour emergency response number that a participant may call to obtain assistance from the provider with technical information, towing, and road service;</text> </paragraph> <paragraph num="(6)"> <text>On notification by a participant of a device failure:</text> <paragraph num="(a)"> <text>Provide emergency assistance within 3 hours of notification by the participant; and</text> </paragraph> <paragraph num="(b)"> <text>Repair or replace the device within 48 hours after notification by the participant;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Monitor devices periodically, not to exceed 30 days;</text> </paragraph> <paragraph num="(8)"> <text>Establish indigence provisions as set forth in COMAR 11.11.11;</text> </paragraph> <paragraph num="(9)"> <text>Within 1 business day of a device's installation, removal, or monitoring appointment, electronically submit to the Administration the information it requires regarding the:</text> <paragraph num="(a)"> <text>Identification of the participant or prospective participant who had the device installed;</text> </paragraph> <paragraph num="(b)"> <text>Identification of the vehicle in which the device is or was installed; and</text> </paragraph> <paragraph num="(c)"> <text>Monitoring data relating to the participant's use of the device for each monitoring period; and</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Within 1 business day after notification by the Administration that the information received was incomplete, corrupt, or erroneous, electronically resubmit the corrected information to the Administration.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)</annotation> </annotations> </chapter> <chapter num="11" heading="Load Covers"> <regulation prefix="Regulation" num=".01" heading="Scope and Applicability."> <paragraph num="A."> <text>These regulations do not limit or supersede any other law or regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.</text> </paragraph> <paragraph num="B."> <text>These regulations apply to a vehicle carrying loose material which is not otherwise exempted under Regulation .02 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Exemptions."> <text>A vehicle meeting the requirements of Transportation Article, §24-106.1(e)(1), Annotated Code of Maryland, and Regulation .04A of this chapter is exempt from the load cover requirements of these regulations.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Bed” means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by side boards or side panels, on the front, by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.</text> </paragraph> <paragraph num="(2)"> <text>“Enclosures” means the front, rear, and sides of a vehicle bed as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Load cover” means a device made of canvas or other type material authorized under Regulation .05 and used to enclose the open top of a vehicle bed.</text> </paragraph> <paragraph num="(4)"> <text>“Loose material” means loose material as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01.</text> </paragraph> <paragraph num="(5)"> <text>“Safety equipment repair order” means a safety equipment repair order as defined in COMAR 11.14.01.01B(30).</text> </paragraph> <paragraph num="(6)"> <text>“Securement hardware” means any device or equipment used to attach or secure a load cover on a vehicle bed.</text> </paragraph> <paragraph num="(7)"> <text>“Vehicle” means a vehicle as defined in Transportation Article, §11-176, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Load Covers."> <paragraph num="A."> <text>Load covers are not required on:</text> <paragraph num="(1)"> <text>Any Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Any Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, regardless of the date of manufacture or how the vehicle is loaded provided the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load carrying capacity;</text> </paragraph> <paragraph num="(3)"> <text>Any Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, carrying loose material if the top of the load is not within 6 inches of the top of any enclosure it touches;</text> </paragraph> <paragraph num="(4)"> <text>Any construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance travelled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;</text> </paragraph> <paragraph num="(5)"> <text>Any construction vehicle or mining equipment while crossing a highway between construction or mining sites; or</text> </paragraph> <paragraph num="(6)"> <text>Within the Port of Baltimore for a distance not to exceed 1 mile, any vehicle carrying a load of loose material between a stockpile or storage facility and a vessel docked at the port.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Load covers are required when carrying loose material on a:</text> <paragraph num="(1)"> <text>Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load carrying capacity;</text> </paragraph> <paragraph num="(2)"> <text>Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, regardless of the date of manufacture, and carrying loose material if the top of the load of loose material is within 6 inches of the top of any enclosure it touches;</text> </paragraph> <paragraph num="(3)"> <text>Vehicle not otherwise exempted after January 1, 1992 regardless of how the vehicle is loaded.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Covers."> <paragraph num="A."> <text>The cover shall be constructed of material which will prevent any part of the load from blowing, falling, or spilling out of the vehicle.</text> </paragraph> <paragraph num="B."> <text>The cover shall be of sufficient size to fully cover the top of the vehicle bed.</text> </paragraph> <paragraph num="C."> <text>The cover shall be maintained in a manner to ensure the cover functions as designed. It shall be free of holes, rips, tears, or broken mesh which would permit any part of the load being hauled to blow, fall, or spill from the bed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Cover Securement Equipment."> <paragraph num="A."> <text>A cover shall be secured to the vehicle bed in a manner to prevent:</text> <paragraph num="(1)"> <text>Part of the vehicle load from blowing, falling, or spilling out of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>The cover from blowing off the vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Securement hardware shall be:</text> <paragraph num="(1)"> <text>Of sufficient strength to prevent the cover from blowing off the vehicle or permitting any part of the load from blowing, falling, or spilling out of the bed of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Maintained in a good state of repair.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Enforcement."> <text>These regulations may be enforced in the same manner as the enforcement of other provisions of law or regulation relating to vehicle equipment. A safety equipment repair order may only be issued to a Maryland-registered vehicle.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Effective Dates."> <text>This chapter applies to any vehicle after January 1, 1992, regardless of the date of manufacture, when carrying a load of loose material and the vehicle is not otherwise exempted under Regulation .02 of this chapter.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 1, 1991 (18:6 Md. R. 685)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)</annotation> </annotations> </chapter> <chapter num="12" heading="Safety Glass Replacement Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter implements the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard (ANSI/AGSC/AGRSS) addressing procedures, education, and product performance for motor vehicles falling within the guidelines of the Federal Motor Vehicle Safety Standard (FMVSS).</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Advanced Driver Assistance Systems (ADAS)” means an automated system that enhances vehicle safety and assists in reducing driver error.</text> </paragraph> <paragraph num="(2)"> <text>“Adhesive bonding system” means an engineered system using chemical products, used together as a technique or process, to bond substrates.</text> </paragraph> <paragraph num="(3)"> <text>“Anti-pinch mechanism” means a feature that reverses the window or panel direction of travel when resistance is encountered.</text> </paragraph> <paragraph num="(4)"> <text>“Butyl” means a copolymer of isobutylene and isoprene.</text> </paragraph> <paragraph num="(5)"> <text>“Equivalent retention system” means a system that meets or exceeds the vehicle manufacturer’s performance strength specifications or has been certified by the retention system manufacturer or private labeler as appropriate for the specific application.</text> </paragraph> <paragraph num="(6)"> <text>“Final exam” means a comprehensive exam that evaluates the individual’s knowledge and skills, including but not limited to retention-system-specific replacement procedures, a variety of automotive safety issues, minimum drive-away time, environmental conditions as they affect retention system performance, federal safety requirements, and the basics of safe and effective automotive glass replacement.</text> </paragraph> <paragraph num="(7)"> <text>“Full cut” means removing an existing bead of urethane to a height of approximately 1 to 2 mm wherever the residual bead is structurally sound and the substrate condition is not defective.</text> </paragraph> <paragraph num="(8)"> <text>“Initialize”, “initialization”, or “re-initialization” means a procedure that re-establishes proper operation of the intended function.</text> </paragraph> <paragraph num="(9)"> <text>“Minimum drive-away strength” means the minimum properties as defined and specified by the retention systems manufacturer or private labeler to meet the requirements of FMVSS 208 and 212 as it pertains to glass retention systems.</text> </paragraph> <paragraph num="(10)"> <text>“Minimum drive-away time” means the time necessary for a given adhesive system to attain minimum drive-away strength after an adhesive bonded glass part is set in place.</text> </paragraph> <paragraph num="(11)"> <text>“Polyurethane adhesive” means a thermoplastic polymer adhesive produced by the condensation reaction of polyisocyanate and a hydroxyl containing material.</text> </paragraph> <paragraph num="(12)"> <text>“Private labeler” means any individual or corporation or the entity engaged in sale or distribution of a product labeled as its own, but manufactured by any different entity.</text> </paragraph> <paragraph num="(13)"> <text>“Recalibration” means the process by which a vehicle’s Advanced Driver Assistance System is returned to the vehicle manufacturer’s specifications.</text> </paragraph> <paragraph num="(14)"> <text>“Retention system” means any original equipment or equivalent method of glazing attachment.</text> </paragraph> <paragraph num="(15)"> <text>“Those engaged in automotive glass replacement” refers to any individual, business, or organization that replaces automotive glass, including but not limited to individual technicians, automotive glass replacement businesses, automotive body shops, and dealerships.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>American National Standard for Automotive Glass Replacement Safety Standard Motor (ANSI/AGSC/AGRSS), as amended, in conformity with Ch. 461 (H.B. 519), Acts of 2021;</text> </paragraph> <paragraph num="(2)"> <text>American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways (ANSI/SAE Z26.1);</text> </paragraph> <paragraph num="(3)"> <text>49 CFR §571.205 — Standard No. 205, Glazing Materials (FMVSS 205); and</text> </paragraph> <paragraph num="(4)"> <text>49 CFR §571.205 — Standard No. 111; Rear Visibility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Vehicle Assessment Before Replacement."> <paragraph num="A."> <text>Those engaged in automotive glass replacement may not undertake or complete any installation unless first a thorough assessment of the vehicle has been made.</text> </paragraph> <paragraph num="B."> <text>If, after the assessment made under §A of this regulation, it has been determined that any discovered conditions on the vehicle could compromise the vehicle’s retention system, the technician may not undertake or complete the installation. The owner or operator then shall be so notified verbally and in writing.</text> </paragraph> <paragraph num="C."> <text>If, after the assessment made under §A of this regulation, it has been determined that the vehicle has an ADAS which could require recalibration after any automotive glass replacement, and the technician chooses not to follow Regulation .08I of this chapter, the technician may not undertake or complete the installation. The owner/operator then shall be so notified verbally and in writing. Documentation of customer notification shall be kept as a record in accordance with the provisions of Regulation .08G of this chapter. The technician shall provide the customer with a written statement that the work to be performed on the motor vehicle will meet or exceed the original equipment manufacturer specifications.</text> </paragraph> <paragraph num="D."> <text>The following vehicles are exempt from this chapter:</text> <paragraph num="(1)"> <text>Registered as a Class L historic vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Registered as a Class N street rod vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>Registered as a Class K farm area/island vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Selection of Glass and Retention Systems."> <text>Those engaged in automotive glass replacement shall:</text> <paragraph num="A."> <text>Use glass products meeting the requirements of ANSI Z26.1 as required by Federal Motor Vehicle Safety Standard 205;</text> </paragraph> <paragraph num="B."> <text>Use either an original equipment manufacturer (OEM) approved retention system or equivalent retention system as certified in writing by the equivalent retention system manufacturer directly or through a private labeler;</text> </paragraph> <paragraph num="C."> <text>Obtain and follow written comprehensive and current application instructions from the retention systems manufacturer or private labeler, including at least:</text> <paragraph num="(1)"> <text>The proper use of the retention system;</text> </paragraph> <paragraph num="(2)"> <text>Storage specifications;</text> </paragraph> <paragraph num="(3)"> <text>Minimum drive-away time charts containing temperature and humidity variables, if applicable; and</text> </paragraph> <paragraph num="(4)"> <text>Any special procedures required for adverse weather conditions;</text> </paragraph> </paragraph> <paragraph num="D."> <text>Use only retention systems that have lot numbers and expiration dates printed on appropriate products;</text> </paragraph> <paragraph num="E."> <text>Use glass products compatible with the ADAS which may be affected/impacted by the glass replacement; and</text> </paragraph> <paragraph num="F."> <text>Use only equipment specifically designed and purposed for recalibration when recalibration of the ADAS is required by the vehicle manufacturer. Further:</text> <paragraph num="(1)"> <text>Recalibration shall be completed using either an OEM-approved recalibration system/procedure, or equivalent recalibration procedure as assured in writing by the equivalent recalibration equipment manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>Equivalent recalibration equipment, and the procedures used in conjunction with that equipment, shall be represented in writing by the manufacturer as being suitable for and compatible with the accurate recalibration of ADAS on the vehicle specifically contained within that equipment’s database;</text> </paragraph> <paragraph num="(3)"> <text>Recalibration equipment shall only be used on vehicles specifically covered within the device’s database/software and may not be used to recalibrate models beyond the scope of the software; and</text> </paragraph> <paragraph num="(4)"> <text>Recalibration equipment may not be altered or modified without the express permission of the manufacturer, and all regular maintenance shall be sufficient to comply with the manufacturer’s requirements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Installation Standards — Adhesive Bonded."> <paragraph num="A."> <text>Those engaged in automotive glass replacement shall follow the adhesive manufacturer’s application instructions, as provided by the manufacturer directly or through the private labeler. All in-shop or mobile installations shall be performed under environmental and other conditions that are compatible with the application instructions required in Regulation .05 of this chapter.</text> </paragraph> <paragraph num="B."> <text>Products shall be stored and controlled according to manufacturers’ requirements as provided directly or through a private labeler.</text> </paragraph> <paragraph num="C."> <text>No automotive glass replacement shall be undertaken using an adhesive glass retention bonding system that would not achieve minimum drive-away strength by the time the vehicle may be reasonably expected to be operated.</text> </paragraph> <paragraph num="D."> <text>The vehicle owner/operator shall be notified prior to and after the installation process of the minimum drive-away time under the circumstances of the replacement.</text> </paragraph> <paragraph num="E."> <text>Adhesive shall be applied so that the finished bead cross-section profile and dimensions meet or exceed the original equipment configuration or recommendation of the adhesive system manufacturer.</text> </paragraph> <paragraph num="F."> <text>If the OEM installation was polyurethane, then the glass shall be replaced with polyurethane or an equivalent adhesive bonding system. If the OEM installation was butyl, polysulfide, or other non-polyurethane, and the vehicle is licensed for highway use, adhesive bonded stationary glass installations shall be performed using polyurethane or an equivalent retention system unless in conflict with current OEM specifications.</text> </paragraph> <paragraph num="G."> <text>All adhesive system component lot numbers shall be traceable to each job.</text> </paragraph> <paragraph num="H."> <text>All glass parts shall be traceable to the installation by a DOT number and part number.</text> </paragraph> <paragraph num="I."> <text>No product that has exceeded the manufacturer or private labeler’s stated expiration date, open shelf life, or active shelf life shall be used.</text> </paragraph> <paragraph num="J."> <text>All supplemental mechanical glass retention devices shall be replaced to original equipment specifications.</text> </paragraph> <paragraph num="K."> <text>When inappropriate replacement materials or methods are detected, those engaged in an automotive glass replacement shall report their findings to the vehicle owner or operator.</text> </paragraph> <paragraph num="L."> <text>When those engaged in automotive glass replacement correct inappropriate glass installations, they shall remove any inappropriate materials that would compromise the retention system. They shall fully correct any adverse glass installation related conditions caused by the use of inappropriate materials or methods, and they shall use appropriate methods pursuant to Regulation .05 of this chapter.</text> </paragraph> <paragraph num="M."> <text>When sealing air or water leaks within a polyurethane retention system, only compatible polyurethane adhesive shall be used. No silicone or butyl may be used.</text> </paragraph> <paragraph num="N."> <text>Only the full cut method should be used for polyurethane retention systems.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Installation Standards — Rubber Gasket."> <paragraph num="A."> <text>If the OEM utilizes the combination of a rubber gasket and polyurethane as a retention system, an equivalent adhesive bonding system shall be used in the installation. In cases when the OEM did not include polyurethane or an equivalent adhesive system, such systems shall be used if later production models included the addition of adhesive systems without body style modification.</text> </paragraph> <paragraph num="B."> <text>If the OEM gasket installation did not include adhesive and the vehicle is licensed for highway use and is less than 10,000 pounds gross vehicle weight, the installation shall include polyurethane or an equivalent adhesive bonding system. The following vehicles are exempt:</text> <paragraph num="(1)"> <text>Registered as a Class L historic vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Registered as a Class N street rod vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>Registered as a Class K farm area/island vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When sealing air or water leaks within a rubber gasket or polyurethane adhesive system, only compatible polyurethane shall be used. No silicone or butyl may be used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Additional Requirements."> <paragraph num="A."> <text>All mechanically fastened automotive glass parts shall be replaced according to original equipment specifications.</text> </paragraph> <paragraph num="B."> <text>Glass parts, including custom cut parts, shall be marked in compliance with the certification requirements specified in FMVSS 205 and the marking requirements of ANSI Z26.1, incorporated by reference in Regulation .03 of this chapter, for those vehicles licensed for highway use.</text> </paragraph> <paragraph num="C."> <text>Those engaged in automotive mirror replacement shall install external and internal replacement mirrors that meet or exceed original equipment specifications and the requirements of 49 CFR §571.111 — Standard No. 111; Rear Visibility.</text> </paragraph> <paragraph num="D."> <text>Whenever OEM retention systems are modified on later production models without body style modification, the most current retention system shall be used in the replacement unless otherwise specified by the OEM.</text> </paragraph> <paragraph num="E."> <text>Notification of Defective Product.</text> <paragraph num="(1)"> <text>A failure or defect in any product used or intended for use in the automotive glass replacement process that could jeopardize customer safety shall be reported promptly to the manufacturer or supplier of the product.</text> </paragraph> <paragraph num="(2)"> <text>Any product installed by those engaged in automotive glass replacements that is discovered to be defective or capable of jeopardizing customer safety shall be immediately reported to the customer with an offer to remedy the situation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Those engaged in automotive glass replacement may not introduce any chemical agents, such as cleaners, solvents, lubricants, or release agents, or utilize any installation practice that will adversely affect the glass retention system.</text> </paragraph> <paragraph num="G."> <text>Those engaged in automotive glass replacement shall create and retain records of each auto glass replacement for a period of at least 3 years from the date the work was completed sufficient to demonstrate compliance with this standard. Records, either electronic or hard copy, shall be legible, easily identifiable, and readily available. The 3-year period may be temporarily shortened for specific, clear, and substantial reasons, but shall be adhered to when such reasons no longer exist.</text> </paragraph> <paragraph num="H."> <text>Those engaged in the repair, removal, or replacement of motorized windows and/or panels in automobiles that are equipped with anti-pinch mechanisms shall reset, initialize, and/or confirm their proper operation before the vehicle is released to its owner/operator. If the reset operation cannot be completed for any reason, the vehicle owner/operator shall be informed verbally and in writing of the failure to reset the system. In addition, the owner/operator shall be instructed to seek out a facility equipped to reset the system. The replacement glass installer is not responsible for the selection of any reset facility. Documentation of customer notification shall be kept as record pursuant to §G of this regulation.</text> </paragraph> <paragraph num="I."> <text>If the vehicle has an ADAS, it may require recalibration after any automotive glass replacement. Only trained personnel who elect to provide recalibration services may complete the recalibration, and only if they obtain and use proper equipment and provide the outcome of the recalibration to the owner/operator. If these conditions cannot be met, or if the automotive glass installer does not provide recalibration services, the owner/operator shall be advised prior to and at the completion of the installation that:</text> <paragraph num="(1)"> <text>The vehicle has an ADAS;</text> </paragraph> <paragraph num="(2)"> <text>After automotive glass replacement, the vehicle may require the recalibration of the ADAS;</text> </paragraph> <paragraph num="(3)"> <text>The replacement glass installer will not recalibrate the ADAS;</text> </paragraph> <paragraph num="(4)"> <text>There are locations where recalibration may be obtained; and</text> </paragraph> <paragraph num="(5)"> <text>The replacement glass installer is not responsible for the selection of any recalibration location.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Education."> <paragraph num="A."> <text>Technicians installing replacement automotive glass shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program, at least 3 hours every 3 years, with a final exam and an ongoing education component. The program shall include, among other things:</text> <paragraph num="(1)"> <text>Automotive glass replacement safety issues;</text> </paragraph> <paragraph num="(2)"> <text>An understanding of OEM installation standards and procedures;</text> </paragraph> <paragraph num="(3)"> <text>Relevant technical specifications;</text> </paragraph> <paragraph num="(4)"> <text>Adhesive system manufacturer specific comprehensive retention system training; and</text> </paragraph> <paragraph num="(5)"> <text>The opportunity to apply and demonstrate the skills technicians learn.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Technicians performing recalibration/calibration procedures shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program with a final exam and ongoing education component. Curriculum used for ADAS training shall be kept on file (in an auditable format) and shall contain the following elements:</text> <paragraph num="(1)"> <text>What ADAS are, what they do, and how they function;</text> </paragraph> <paragraph num="(2)"> <text>Types of ADAS;</text> </paragraph> <paragraph num="(3)"> <text>Purpose of recalibration/calibration and the need for precise execution; and</text> </paragraph> <paragraph num="(4)"> <text>Types of recalibration/calibration:</text> <paragraph num="(a)"> <text>Static;</text> </paragraph> <paragraph num="(b)"> <text>Dynamic; or</text> </paragraph> <paragraph num="(c)"> <text>Dual (static and dynamic).</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Comprehensive and manufacturer specific recalibration/calibration training for the system/equipment used by the automotive glass company are as follows:</text> <paragraph num="(a)"> <text>Set up and operation of the equipment; and</text> </paragraph> <paragraph num="(b)"> <text>Maintenance of the equipment.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Successful completion/mastery of the training shall be verified by a final exam which includes:</text> <paragraph num="(a)"> <text>Knowledge assessment of ADAS and the recalibration/calibration process; and</text> </paragraph> <paragraph num="(b)"> <text>Skill assessment to verify proper technique and use of equipment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Training with respect to the content and requirements of the current version of ANSI/AGSC/AGRSS shall be required for all personnel directly involved in the automotive glass replacement process and may include, for example, scheduling, purchasing, installing, customer service, quality control, and management. Records of this training detailing content, date, participants, and acknowledgment of the participant’s successful completion of the training and receipt of a printed copy of the current standard shall be maintained.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 7, 2022 (49:5 Md. R. 365)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> </annotations> </chapter> <chapter num="13" heading="Golf Cart"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to provide minimum requirements for the operation of a golf cart on designated county and municipal highways.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Golf cart” means a small, four-wheeled vehicle powered by a gasoline or electric motor with:</text> <paragraph num="(a)"> <text>Seating designed to carry more than one occupant;</text> </paragraph> <paragraph num="(b)"> <text>A maximum capable speed of not more than 20 miles per hour;</text> </paragraph> <paragraph num="(c)"> <text>A windshield; and</text> </paragraph> <paragraph num="(d)"> <text>A steering wheel.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Golf cart” does not mean:</text> <paragraph num="(a)"> <text>A motor vehicle as defined in Transportation Article, §11-135, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>A low-speed vehicle as defined in Transportation Article, §11-130.1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>An off highway recreational vehicle as defined in Transportation Article, §11-140.1, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(d)"> <text>A motor vehicle capable of being registered as any other vehicle classification under the Transportation Article of the Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Equipment Requirements."> <paragraph num="A."> <text>To operate a golf cart on a designated county or municipal highway, the golf cart shall be equipped with:</text> <paragraph num="(1)"> <text>Red reflectors at the rear of the vehicle, and yellow or amber reflectors to the front and sides of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>At least one red tail lamp to illuminate the rear of the vehicle, and to indicate the direction of travel;</text> </paragraph> <paragraph num="(3)"> <text>At least one amber or yellow park lamp to illuminate the front of the vehicle, and to indicate the direction of travel; and</text> </paragraph> <paragraph num="(4)"> <text>At least one white projecting beam lamp (head lamp) mounted so that the lamp does not adversely affect the vision of the operators of other vehicles.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Other Department of Transportation (DOT) automotive lighting equipment may be installed on the golf cart, but is not required to be in place.</text> </paragraph> <paragraph num="C."> <text>Off-road type lighting equipment including spotlights, floodlights, and other lights that are not intended for vehicle on road use, may not be operated while the golf cart is being operated on designated highways, including road shoulders.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-402, and 21-104.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 20, 2025 (52:1 Md. R. 18)</annotation> </annotations> </chapter> </subtitle> <subtitle num="14" heading="Motor Vehicle Administration — Vehicle Inspections"> <chapter num="01" heading="General Inspection"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In COMAR 11.14.01—11.14.06 and 11.14.09, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the State Motor Vehicle Administration of the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(2)"> <text>“Authorized dealer” means a Maryland dealer licensed as a truck inspection station.</text> </paragraph> <paragraph num="(3)"> <text>“Authorized inspection station” means a facility which has been licensed to perform inspections on, issue certificates to, or certify safety equipment repair orders for a specific class of vehicle. The following classes of stations are authorized to inspect the types of vehicles listed and any other type of vehicle authorized by the Division:</text> <paragraph num="(a)"> <text>A—passenger vehicles, limousines, low speed vehicles, recreational motor homes, trucks 10,000 pounds and under GVWR, trailers not equipped with air brakes, up to 20 feet in length, and multipurpose passenger vehicles, except 3-wheeled multipurpose vehicles;</text> </paragraph> <paragraph num="(b)"> <text>B—any trailer, including those equipped with air brakes;</text> </paragraph> <paragraph num="(c)"> <text>C—trucks, truck tractors, buses, recreational motor homes, converted buses, and limousines over 10,000 pounds GVWR;</text> </paragraph> <paragraph num="(d)"> <text>D—combination of Classes B and C;</text> </paragraph> <paragraph num="(e)"> <text>F—fleet (must own, operate, or control at least 15 vehicles);</text> </paragraph> <paragraph num="(f)"> <text>M—motorcycles and 3-wheeled multipurpose vehicles, and trailers 20 feet or less in length, if the trailers are not equipped with air brakes;</text> </paragraph> <paragraph num="(g)"> <text>R—recreational motor homes and converted buses;</text> </paragraph> <paragraph num="(h)"> <text>T—any trailer up to 10,000 pounds GVWR not equipped with air brakes; and</text> </paragraph> <paragraph num="(i)"> <text>G—combination of Classes R and T.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Bed” means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by sideboards or side panels, on the front by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.</text> </paragraph> <paragraph num="(5)"> <text>“Controller” means an individual who has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to control the dispensing of inspection certificates to registered inspection mechanics at an authorized inspection station.</text> </paragraph> <paragraph num="(6)"> <text>“Conviction” has the meaning stated in Transportation Article, §11-110, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Covert vehicle” means a vehicle used by the Division to monitor compliance with COMAR 11.14.01—11.14.06 and 11.14.09, by authorized inspection station personnel.</text> </paragraph> <paragraph num="(8)"> <text>Covert Vehicle Inspection.</text> <paragraph num="(a)"> <text>“Covert vehicle inspection” means the submission of a covert vehicle to an authorized inspection station for inspection.</text> </paragraph> <paragraph num="(b)"> <text>Covert vehicle inspection may include the presentation of a fictitious safety equipment repair order written for the purpose of covert investigation.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Dealer” means a dealer who is licensed in this State under Title 15 of the Transportation Article of the Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Division” means the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="(11)"> <text>“Enclosures” means the front, rear, and sides of a vehicle bed as defined in Transportation Article, §24-106.1(d)(1), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(12)"> <text>“Facility” means a dealer, vehicle repair garage, repair shop, or gasoline service station.</text> </paragraph> <paragraph num="(13)"> <text>“Fictitious safety equipment repair order” means a safety equipment repair order that is an authentic document, prepared by Division personnel, containing information that may be fabricated for the purpose of submission for inspection and compliance with COMAR.</text> </paragraph> <paragraph num="(14)"> <text>“GVWR” means the gross vehicle weight rating as determined by the manufacturer.</text> </paragraph> <paragraph num="(15)"> <text>“Inspection certificate” means a written certification by an inspection station that:</text> <paragraph num="(a)"> <text>Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established in these regulations; and</text> </paragraph> <paragraph num="(b)"> <text>Is signed and dated on behalf of the inspection station by the registered individual who personally inspected the vehicle.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Licensee” means the owner of a private business, all partners of a partnership and, in cases of corporations, the corporate officer or person with written power of attorney or any other representative of the corporation as defined under Regulation .02A(3) of this chapter.</text> </paragraph> <paragraph num="(17)"> <text>“Limousine” means a vehicle that:</text> <paragraph num="(a)"> <text>Has been modified or stretched for transportation of passengers;</text> </paragraph> <paragraph num="(b)"> <text>Is driven as part of a service provided by a person that advertises itself as a provider of limousine services or registers with the Public Service Commission as a provider of limousine services; or</text> </paragraph> <paragraph num="(c)"> <text>Is equipped with amenities not normally provided in passenger cars, including a custom interior, television, video cassette recorder, musical sound system, telephone, ice storage area, additional interior lighting, and driver-passenger communication such as an intercom or power-operated driver partition.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Load cover” means a device made of canvas or other type material and used to enclose the open top of a vehicle bed.</text> </paragraph> <paragraph num="(19)"> <text>“Loose material” means loose material as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01.</text> </paragraph> <paragraph num="(20)"> <text>“Low speed vehicle” means a four-wheeled electric vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour.</text> </paragraph> <paragraph num="(21)"> <text>“Modular home trailer” means a trailer manufactured solely for the purpose of transporting modular homes or portions of modular homes. These vehicles may be inspected if they are overwidth or overlength, provided a permit has been issued by the State Highway Administration permitting movement on the highway.</text> </paragraph> <paragraph num="(22)"> <text>“Motorcycle” means a motor vehicle that:</text> <paragraph num="(a)"> <text>Has motive power;</text> </paragraph> <paragraph num="(b)"> <text>Has a seat or saddle for the use of the rider;</text> </paragraph> <paragraph num="(c)"> <text>Is designed to travel:</text> <paragraph num="(i)"> <text>On not more than three wheels in contact with the ground; and</text> </paragraph> <paragraph num="(ii)"> <text>At speeds exceeding 35 miles per hour; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law.</text> </paragraph> </paragraph> <paragraph num="(23)"> <text>“Multipurpose passenger vehicle” means a motor vehicle that:</text> <paragraph num="(a)"> <text>Is designed primarily for carrying persons which is constructed on a truck chassis or with special features for occasional off-road operations;</text> </paragraph> <paragraph num="(b)"> <text>Has 3 wheels; or</text> </paragraph> <paragraph num="(c)"> <text>Is of unique design that does not clearly meet the requirements of any other class as determined by the Division, except 4-wheel drive passenger vehicles (sedans, convertibles, and station wagons).</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Police officer” means a uniformed police officer or a civilian employee of the Department of State Police as defined in Transportation Article, §§11-147 and 23-101(g), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(25)"> <text>“Post manufacture window tint inspection report” means a form that:</text> <paragraph num="(a)"> <text>Has been approved by the Division;</text> </paragraph> <paragraph num="(b)"> <text>Has been completed by a registered inspection mechanic of an authorized inspection station approved to inspect post manufacture vehicle window tint; and</text> </paragraph> <paragraph num="(c)"> <text>Includes owner and vehicle information and light transmittance readings of regulated windows equipped with post manufacture window tint.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Post manufacture window tint medical exemption form” means a form issued by the Division for the purpose of providing notification and documentation to an authorized inspection station performing an inspection of a vehicle that:</text> <paragraph num="(a)"> <text>Is owned by a person who must be protected from the sun for medical reasons and has been determined by the Division that the owner has met the medical exemption requirements established in Transportation Article, §22-406, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>Excluding the light transmittance requirement, is compliant with all other post manufacture window tinting regulations under this subtitle.</text> </paragraph> </paragraph> <paragraph num="(27)"> <text>“Rebuilding” means the restoring of a salvage vehicle as set forth in Transportation Article, §13-506, Annotated Code of Maryland, or a vehicle which is inoperable because of the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.</text> </paragraph> <paragraph num="(28)"> <text>“Registered inspection mechanic” means an individual who:</text> <paragraph num="(a)"> <text>Has passed the appropriate written test;</text> </paragraph> <paragraph num="(b)"> <text>Has demonstrated proficiency with inspection and test equipment; and</text> </paragraph> <paragraph num="(c)"> <text>Is not under any type of administrative sanctions.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“SAE” means the Society of Automotive Engineers.</text> </paragraph> <paragraph num="(30)"> <text>“Safety equipment repair order (SERO)” means a written directive ordering repair of defective equipment on a specified vehicle.</text> </paragraph> <paragraph num="(31)"> <text>Second-Stage Manufacturer.</text> <paragraph num="(a)"> <text>“Second-stage manufacturer” means a licensed second-stage manufacturer as defined in Transportation Article, §15-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Second-stage manufacturer” includes a person who works on an incomplete vehicle so that it becomes a complete vehicle in accordance with COMAR 11.15.27 and Transportation Article, §15-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(32)"> <text>“Securement hardware” means any device or equipment used to attach or secure a cover on a vehicle bed.</text> </paragraph> <paragraph num="(33)"> <text>“Specially constructed vehicle” means a vehicle which was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and has not been materially altered from its original construction, including kit cars and replicas of previously manufactured vehicles.</text> </paragraph> <paragraph num="(34)"> <text>“State police” means the Maryland State Police.</text> </paragraph> <paragraph num="(35)"> <text>“Supervisor” means an individual who:</text> <paragraph num="(a)"> <text>Has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to act on behalf of a licensee; and</text> </paragraph> <paragraph num="(b)"> <text>Is responsible for and supervises the daily operation of the inspection program at the licensee's facility.</text> </paragraph> </paragraph> <paragraph num="(36)"> <text>Vehicle.</text> <paragraph num="(a)"> <text>“Vehicle” means, except as otherwise provided in this regulation, any vehicle registered or to be registered in this State as:</text> <paragraph num="(i)"> <text>Class A (passenger) vehicle;</text> </paragraph> <paragraph num="(ii)"> <text>Class E (truck) vehicle;</text> </paragraph> <paragraph num="(iii)"> <text>Class F (tractor) vehicle;</text> </paragraph> <paragraph num="(iv)"> <text>Class G (trailer) vehicle;</text> </paragraph> <paragraph num="(v)"> <text>Class J (vanpool) vehicle;</text> </paragraph> <paragraph num="(vi)"> <text>Class M (multipurpose) vehicle;</text> </paragraph> <paragraph num="(vii)"> <text>Class B (for hire) vehicle;</text> </paragraph> <paragraph num="(viii)"> <text>Class D (motorcycle) vehicle;</text> </paragraph> <paragraph num="(ix)"> <text>Class Q (limousine) vehicle;</text> </paragraph> <paragraph num="(x)"> <text>For the purpose of load covers required by Transportation Article, §24-106.1, Annotated Code of Maryland, any vehicle as defined in Transportation Article, §11-176, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(xi)"> <text>For the purpose of safety equipment repair orders only, any motor vehicle, trailer, or semitrailer, except as provided in §B(36)(b) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Vehicle” does not include any Class L (historic) vehicle, Class N (street rod) vehicle, or trailer which is a mobile home as defined in Transportation Article, §11-134, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(37)"> <text>“Vehicle inspection handbook” means copies of regulations governing motor vehicle inspection which have been compiled in a handbook obtained from the Office of the Secretary of State, Division of State Documents, for the State of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Licensing Requirements for Facilities."> <paragraph num="A."> <text>An application for an authorized inspection station license or renewal shall be submitted on a complete and legible form and signed in ink by the licensee, and accompanied by the fee set forth in COMAR 11.11.05, as follows:</text> <paragraph num="(1)"> <text>Private business—shall be signed by the owner;</text> </paragraph> <paragraph num="(2)"> <text>Partnership—shall be signed by all partners;</text> </paragraph> <paragraph num="(3)"> <text>Corporation—shall be signed by a corporate officer or person with written power of attorney which shall either accompany the application or be on file with the Division.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Applications will not be accepted from any applicant who has been in business at that location for less than 6 months except:</text> <paragraph num="(1)"> <text>Previously licensed facilities which have changed location;</text> </paragraph> <paragraph num="(2)"> <text>Additional locations of existing or established businesses which have one or more branches licensed as authorized inspection stations;</text> </paragraph> <paragraph num="(3)"> <text>A dealer licensed by the Administration;</text> </paragraph> <paragraph num="(4)"> <text>When adequate documentation of previous business operational experience is presented, the Division Commander may waive the 6-month waiting period.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Personnel Requirements."> <paragraph num="A."> <text>Hours of Operation.</text> <paragraph num="(1)"> <text>Inspection stations shall have regular daytime business hours Monday through Friday from at least 8 a.m. to 4 p.m.</text> </paragraph> <paragraph num="(2)"> <text>Inspection stations may adjust their regular business days in the best interests of the State and the public on written approval from the Division.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Inspection Mechanic Requirements.</text> <paragraph num="(1)"> <text>Each licensee open to the public shall have available for duty during regular daytime business hours at least one full-time registered inspection mechanic at each authorized inspection station who shall:</text> <paragraph num="(a)"> <text>Have successfully submitted an application for registered inspection mechanic which is complete, legible, bearing the applicant's signature in ink, and accompanied by the fee set forth in COMAR 11.11.05;</text> </paragraph> <paragraph num="(b)"> <text>Be at least 18 years old; or at least 17 years old and possess a certificate of satisfactory completion of an automotive mechanic's course from an accredited Maryland high school or its equivalent;</text> </paragraph> <paragraph num="(c)"> <text>Have a minimum of 12 months' general motor vehicle repair experience;</text> </paragraph> <paragraph num="(d)"> <text>Be thoroughly familiar with the contents of the Vehicle Inspection Handbook;</text> </paragraph> <paragraph num="(e)"> <text>Possess a valid driver's license issued in the applicant's name for the class of vehicle to be driven in the course of inspection;</text> </paragraph> <paragraph num="(f)"> <text>Receive a grade of at least 80 on the administrative part of the examination given by the Division and each part of the examination applying to the class of vehicle on which the applicant will be performing inspections;</text> </paragraph> <paragraph num="(g)"> <text>Be reexamined if inactive for more than 6 months and be subject to periodic reexamination as required by the Division;</text> </paragraph> <paragraph num="(h)"> <text>Be capable of performing and passing a demonstrated ability exam as required and prescribed by the Division;</text> </paragraph> <paragraph num="(i)"> <text>Be capable of road testing the motor vehicle as part of the inspection procedure;</text> </paragraph> <paragraph num="(j)"> <text>Be responsible for and capable of:</text> <paragraph num="(i)"> <text>Performing partial and complete inspections;</text> </paragraph> <paragraph num="(ii)"> <text>Completing all inspection certificates and safety equipment repair orders; and</text> </paragraph> <paragraph num="(iii)"> <text>Maintaining records pertaining to all complete or partial inspections that the mechanic performs; and</text> </paragraph> </paragraph> <paragraph num="(k)"> <text>Refrain from the use, or being under the influence, of alcoholic beverages or controlled dangerous substances (CDS) during work hours.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Under §B(1)(f) of this regulation, an approved inspection mechanic need only take those parts of the examination for the additional vehicle class or classes for which the inspection mechanic is seeking to be approved with a grade of at least 80 for each additional part or parts. Three consecutive failures of the written examination shall require at least a 6-month waiting period before any subsequent written examination may be taken.</text> </paragraph> <paragraph num="(3)"> <text>Under §B(1)(h) of this regulation, in cases when a written examination is required, or upon transfer from one authorized inspection station to another, the Division may require a registered inspection mechanic to pass the demonstrated ability exam. Three consecutive failures of any demonstrated ability exam shall require at least a 6-month waiting period before any subsequent exam. Demonstrated ability exams will be administered by the trooper or civilian employee of the Division assigned supervision of the station where the individual is employed only on routine station visit days and reexamination after failure will be conducted upon the next routine station visit, unless exigent circumstances exist.</text> </paragraph> <paragraph num="(4)"> <text>Registered inspection mechanics may only be registered at one authorized inspection station on a full-time basis.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Controller Requirements.</text> <paragraph num="(1)"> <text>The applicant/licensee shall designate a controller to control inspection certificates within the facility who shall:</text> <paragraph num="(a)"> <text>Be approved by the Division to function in that capacity after successfully submitting a Division application and passing a written Supervisor/Controller Examination administered by the Division;</text> </paragraph> <paragraph num="(b)"> <text>Be authorized to receive inspection certificates from the Division;</text> </paragraph> <paragraph num="(c)"> <text>Be responsible for issuing in strict numerical sequence all inspection certificates to registered inspection mechanics upon satisfactory completion of inspection;</text> </paragraph> <paragraph num="(d)"> <text>Assure that all certificates contain the date the vehicle is fully certified and are issued before the vehicle leaves the facility premises;</text> </paragraph> <paragraph num="(e)"> <text>Maintain strict security of all unused inspection certificates in a locked desk, cabinet, or safe, and assure that only designated personnel have access to the unused inspection certificates; and</text> </paragraph> <paragraph num="(f)"> <text>Have all records of inspections available at the facility during normal working hours that may be removed by Division personnel as needed.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Supervisor Requirements.</text> <paragraph num="(1)"> <text>The applicant/licensee shall designate supervisory personnel who shall:</text> <paragraph num="(a)"> <text>Be approved by the Division to function in that capacity after successfully submitting a Division application and passing a written Supervisor/Controller Examination administered by the Division; and</text> </paragraph> <paragraph num="(b)"> <text>Be responsible for and supervise the daily operation of the inspection program at the licensee's facility.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Administrative Penalties."> <paragraph num="A."> <text>The registration under Regulation .03 of this chapter may be refused, revoked, or suspended if the registered inspection mechanic, controller, supervisor, or inspection station licensee, has committed any of the following offenses:</text> <paragraph num="(1)"> <text>Misrepresentation or falsification of facts;</text> </paragraph> <paragraph num="(2)"> <text>Failure to comply with any requirements of these regulations;</text> </paragraph> <paragraph num="(3)"> <text>Performing inspection or certifying a vehicle for which the mechanic is not registered to inspect, except for defects indicated on a SERO which can be visually certified;</text> </paragraph> <paragraph num="(4)"> <text>Issuing an inspection certificate for a vehicle without having inspected its equipment;</text> </paragraph> <paragraph num="(5)"> <text>Issuing a repair order certification for any specified equipment without having inspected that equipment;</text> </paragraph> <paragraph num="(6)"> <text>Issuing an inspection certificate for a vehicle for which the equipment does not meet or exceed the standards established;</text> </paragraph> <paragraph num="(7)"> <text>Issuing a repair order certification for any specified equipment if that equipment does not meet or exceed the standards established under this subtitle;</text> </paragraph> <paragraph num="(8)"> <text>Conviction for:</text> <paragraph num="(a)"> <text>A felony;</text> </paragraph> <paragraph num="(b)"> <text>Assault;</text> </paragraph> <paragraph num="(c)"> <text>Battery;</text> </paragraph> <paragraph num="(d)"> <text>Theft;</text> </paragraph> <paragraph num="(e)"> <text>A crime involving fraud; or</text> </paragraph> <paragraph num="(f)"> <text>A controlled dangerous substance (CDS) violation.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>Making, issuing, or knowingly using any fictitious inspection certificate, repair order certification, or other document approved or issued by the Division;</text> </paragraph> <paragraph num="(10)"> <text>Attaching, causing to be attached, or permitting to be attached to any vehicle an inspection certificate knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(11)"> <text>Issuing, causing to be issued, or permitting to be issued a repair order certification knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(12)"> <text>Materially altering or changing any equipment on a vehicle for which an inspection certificate or a repair order certification has been issued;</text> </paragraph> <paragraph num="(13)"> <text>A suspension or revocation of a driver's license within the past 3 years;</text> </paragraph> <paragraph num="(14)"> <text>Using or being under the influence of alcoholic beverages or a controlled dangerous substance (CDS) during work hours; or</text> </paragraph> <paragraph num="(15)"> <text>Performing vehicle inspections in an area other than an approved designated inspection area.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A registered inspection mechanic shall discontinue inspections and notify the Division of any of the following circumstances and may not resume inspections until authorized to do so by the Division:</text> <paragraph num="(1)"> <text>Revocation, suspension, cancellation, or loss of driver's license;</text> </paragraph> <paragraph num="(2)"> <text>Change of employment;</text> </paragraph> <paragraph num="(3)"> <text>Conviction of a crime;</text> </paragraph> <paragraph num="(4)"> <text>Condition or circumstance which may affect the mechanic's ability to conduct inspections or sign inspection certificates or safety equipment repair orders; or</text> </paragraph> <paragraph num="(5)"> <text>Request to cancel the registration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An authorized Maryland manufacturer, Maryland second-stage manufacturer, or dealer issuing a certification of repair for a dump service registration vehicle lift axle air/weight ratio defect without inspecting the equipment may have the privilege to certify safety equipment repair orders issued under COMAR 11.15.27.08C revoked.</text> </paragraph> <paragraph num="D."> <text>A Maryland diesel emissions retester, as prescribed in COMAR 11.21.02.08, that issues a certification of a repair to meet a diesel emission opacity standard without conducting an emissions test in accordance with COMAR 11.21.02 may have the privilege to certify safety equipment repair orders issued under COMAR 11.21.02 revoked.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Facility Requirements."> <text>A facility may be licensed as an authorized inspection station with a classification of A, B, C, F, M, R, T or any combination of them. The building and location shall conform to established requirements. If a combination license is applied for, the larger inspection and work area prevails and shall:</text> <paragraph num="A."> <text>Be open and readily accessible to the general public except those facilities with an F classification.</text> </paragraph> <paragraph num="B."> <text>Comply with all applicable laws, ordinances, and regulations for the jurisdiction in which it is located.</text> </paragraph> <paragraph num="C."> <text>Be appropriate for the business to be conducted as described below, including an entrance to the inspection area of sufficient height to accommodate the maximum legal height of vehicles to be inspected:</text> <paragraph num="(1)"> <text>Authorized inspection station A—contain at least two work areas, one of which shall be at least 12 feet wide and 25 feet long.</text> </paragraph> <paragraph num="(2)"> <text>Authorized inspection station B—contain an area at least 12 feet wide and at least 60 feet long. This area may be outside.</text> </paragraph> <paragraph num="(3)"> <text>Authorized inspection station C—contain an area at least 15 feet wide and 45 feet long.</text> </paragraph> <paragraph num="(4)"> <text>Authorized inspection station D—shall meet all requirements for Classes B and C.</text> </paragraph> <paragraph num="(5)"> <text>Authorized inspection station F—contain an inspection area meeting the requirements established for the class or classes of vehicles owned or controlled by this facility.</text> </paragraph> <paragraph num="(6)"> <text>Authorized inspection station M—contain an area at least 10 feet wide and 15 feet long.</text> </paragraph> <paragraph num="(7)"> <text>Authorized inspection station R—contain an area at least 12 feet wide and 40 feet long.</text> </paragraph> <paragraph num="(8)"> <text>Authorized inspection station T—this area shall be at least 12 feet wide and at least 60 feet long. This area may be outside.</text> </paragraph> <paragraph num="(9)"> <text>Authorized inspection station G—shall meet all requirements of Classes R and T.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Allow minor repairs to be performed in the inspection area of any authorized inspection station open to the public, provided the area can be readily cleared for an inspection.</text> </paragraph> <paragraph num="E."> <text>Require that the inspection area be within one building at the place of business of the licensee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Inspection Area Requirements."> <paragraph num="A."> <text>An inside inspection area shall have a smooth, level hard-surfaced concrete or cement floor which:</text> <paragraph num="(1)"> <text>Shall have no more than a 1 percent slope from front to rear, rear to front, or side to side;</text> </paragraph> <paragraph num="(2)"> <text>May not have a four-way slope;</text> </paragraph> <paragraph num="(3)"> <text>Shall be free of work benches, displays, machinery, stairways, shelves, car washing equipment or any other obstructions which would create a hazard; and</text> </paragraph> <paragraph num="(4)"> <text>May not be equipped with a drive-on lift.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Authorized inspection stations with two or more inspection areas may designate one area as a headlight testing/alignment area, provided this area meets the size requirements of the type of vehicle to be inspected and the requirements of §§A and C(2) of this regulation.</text> </paragraph> <paragraph num="C."> <text>Class A, C, or R authorized inspection stations shall be designed and equipped with:</text> <paragraph num="(1)"> <text>Two convex mirrors, a minimum of 12 inches in diameter each, one mounted facing forward from the left rear corner and one facing rearward on the right front corner of the inspection bay; and</text> </paragraph> <paragraph num="(2)"> <text>A track-mounted approved-type headlight tester.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Class A authorized inspection stations shall be equipped with:</text> <paragraph num="(1)"> <text>A frame contact lift capable of raising vehicles, except for limousines and recreational motor homes, at least 5 feet off the floor; and</text> </paragraph> <paragraph num="(2)"> <text>Jack stands able to hold limousines and recreational motor homes when raised and placed on them.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Diagram of Bay Layout.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Inspection Test Equipment and Tools."> <paragraph num="A."> <text>Applicants and licensees shall have the following test equipment and tools approved by the Division, except as specified in this regulation:</text> <paragraph num="(1)"> <text>One headlight tester (not required for Class B, M, or T), any track-mounted make or model:</text> <paragraph num="(a)"> <text>Capable of accurately testing and aiming headlamp beam patterns and high intensity zones;</text> </paragraph> <paragraph num="(b)"> <text>Equipped with an accurate beam candlepower output display; and</text> </paragraph> <paragraph num="(c)"> <text>Including necessary calibration equipment.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>One drum micrometer calibration gauge compatible with the brake drum measuring tool;</text> </paragraph> <paragraph num="(3)"> <text>One disc micrometer calibration gauge compatible with the brake disc measuring tool;</text> </paragraph> <paragraph num="(4)"> <text>One ball joint checker, any make or model equipped with a dial indicator and capable of accurately measuring ball joint or king pin movement in increments of 0.001 of an inch (not required for Class B or T);</text> </paragraph> <paragraph num="(5)"> <text>Two jack stands, any make or model, capable of supporting the types of vehicles subject to inspection;</text> </paragraph> <paragraph num="(6)"> <text>One roller/floor jack, any make or model capable of lifting types of vehicles subject to inspection;</text> </paragraph> <paragraph num="(7)"> <text>A drum brake micrometer, any make or model capable of accurately measuring for the appropriate type of vehicle the inside diameter of brake drums in at least 0.005 of an inch increments;</text> </paragraph> <paragraph num="(8)"> <text>A disc brake micrometer, any make or model with a pointed anvil, capable of accurately measuring for the appropriate type of vehicle the thickness of discs or rotors in increments of at least 0.001 of an inch;</text> </paragraph> <paragraph num="(9)"> <text>One brake shoe lining thickness gauge, any make or model capable of accurately measuring, for the types of vehicles subject to inspection, in fractions of an inch the remaining usable bonded brake lining or the thickness of brake lining remaining above rivet heads;</text> </paragraph> <paragraph num="(10)"> <text>One brake disc pad thickness gauge, any make or model capable of accurately measuring for the types of vehicles subject to inspection, in fractions of an inch the remaining usable bonded brake disc pad lining or the thickness of brake disc pad lining remaining above rivet heads;</text> </paragraph> <paragraph num="(11)"> <text>One ammeter, any make or model having a range of 0—40 amperes DC current (not required for Classes C or R);</text> </paragraph> <paragraph num="(12)"> <text>One screwdriver, any type, capable of spreading tire cuts and breaks to determine severity of damage;</text> </paragraph> <paragraph num="(13)"> <text>One tire tread depth gauge, any make or model capable of accurately measuring tire tread depth in 1/32 of an inch;</text> </paragraph> <paragraph num="(14)"> <text>One minimum 25-foot steel tape of any type with clearly legible S.A.E. figures and markings;</text> </paragraph> <paragraph num="(15)"> <text>Two convex mirrors, a minimum of 12 inches in diameter each, any type providing a wide angle view of the front and rear of the inspection bay (not required for Classes B, M, or T);</text> </paragraph> <paragraph num="(16)"> <text>Miscellaneous hand tools necessary to perform mechanical disassembly of vehicle components to conduct inspections;</text> </paragraph> <paragraph num="(17)"> <text>One typewritten or commercially printed S.A.E.-to-metric and metric-to-S.A.E. conversion chart enclosed in clear plastic;</text> </paragraph> <paragraph num="(18)"> <text>One tire pressure gauge, any make or model, capable of measuring air pressure in pounds per square inch (PSI) for type of vehicle being inspected;</text> </paragraph> <paragraph num="(19)"> <text>One 4-foot carpenter’s level, any make or model, capable of determining horizontal and vertical levelness (required only if using the Hoppy Vision 100 or the Symtech Corporation “HBA 5” headlight tester); and</text> </paragraph> <paragraph num="(20)"> <text>One window tint meter (not required for Class B or T), any make or model:</text> <paragraph num="(a)"> <text>Manufactured as a two-piece device, portable and compact, with digital readout to the nearest percent;</text> </paragraph> <paragraph num="(b)"> <text>Suitable for testing standard automotive glazing on roll down and fixed windows;</text> </paragraph> <paragraph num="(c)"> <text>Designed to be operated by one person;</text> </paragraph> <paragraph num="(d)"> <text>Equipped with an alignment aid feature to assist in obtaining and maintaining accuracy throughout the period of measurement;</text> </paragraph> <paragraph num="(e)"> <text>Equipped with an activation switch or button, off switch or button, or self deactivation;</text> </paragraph> <paragraph num="(f)"> <text>Equipped with the manufacturer’s reference sample/calibration standards that are labeled with the manufacturer’s name, serial number (if equipped), and percentage of light transmittance;</text> </paragraph> <paragraph num="(g)"> <text>Equipped with a light transmittance meter which shall maintain unit accuracy within + or – 2 percentage points (certified by an independent testing laboratory);</text> </paragraph> <paragraph num="(h)"> <text>Designed to maintain repeatability within + or – 1 percentage point; and</text> </paragraph> <paragraph num="(i)"> <text>Equipped with a portable carrying case.</text> </paragraph> <aftertext>(Manufacturers shall provide information to the Division regarding any change in specifications of any approved products used for tint inspection and certification in Maryland.)</aftertext> </paragraph> </paragraph> <paragraph num="B."> <text>Care of Test Equipment and Tools.</text> <paragraph num="(1)"> <text>Test equipment and tools shall be maintained in proper working order at all times.</text> </paragraph> <paragraph num="(2)"> <text>Any test equipment or tool requiring calibration shall be calibrated as required by the manufacturer, or more frequently, if necessary.</text> </paragraph> <paragraph num="(3)"> <text>Any test equipment or tool that is not permanently mounted shall be kept together in or within close proximity to the inspection bay.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Division may add or delete test equipment and tools from those set forth in §A of this regulation by notifying licensed inspection stations in writing and requiring them to obtain the additional equipment within 90 days of the written notification.</text> </paragraph> <paragraph num="D."> <text>Inspection stations shall have the following reference material for the appropriate class of station:</text> <paragraph num="(1)"> <text>Class A inspection stations and any Class F fleet inspection stations inspecting the types of vehicles inspected by a Class A inspection station shall have:</text> <paragraph num="(a)"> <text>Current model year brake, ball joint and tire guide specifications by July 1st of that year; and</text> </paragraph> <paragraph num="(b)"> <text>Emission guide specifications that are within two model years by July 1st of that year (for example, on July 1, 2011, such stations would be required to have either 2010 or 2011 model year emission guide specifications).</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Class C, D, F, R, and G inspection stations are required to have current model year brake specifications by July 1st of that year.</text> </paragraph> </paragraph> <text>Agency Note: The required specifications may take the form of a printed or electronic reference source from a computerized system, provided the reference material contains required specifications by July 1st of that year.</text> <paragraph num="E."> <text>Calibration and Certification of Equipment.</text> <paragraph num="(1)"> <text>Licensed inspection stations shall calibrate their equipment once a month, or as required by §B(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Maryland manufacturers, second-stage manufacturers, or authorized dealers:</text> <paragraph num="(a)"> <text>May calibrate the standard automotive air pressure gauge specified in §J(1) of this regulation daily;</text> </paragraph> <paragraph num="(b)"> <text>Shall certify the standard automotive air pressure gauge specified in §J(1) of this regulation at least semiannually; and</text> </paragraph> <paragraph num="(c)"> <text>Shall certify the scale or scales specified in §J(2) of this regulation at least semiannually.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The calibration and certification data specified in §E(1) and (2) of this regulation shall be:</text> <paragraph num="(a)"> <text>Recorded on a form furnished by the Division;</text> </paragraph> <paragraph num="(b)"> <text>Made available to Division personnel on request; and</text> </paragraph> <paragraph num="(c)"> <text>Given, with respect to the calibration date specified in §E(1) of this regulation, to the supervising trooper or civilian employee of the Division at the time of the monthly station check.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>If any inspection tool or test equipment is found to be inoperative, the licensee shall have the equipment repaired or replaced within 72 hours. During this time, all unused inspection certificates shall be surrendered to the Division and all other issued materials may be retained by the licensee. Complete inspections, reinspections, or repair order certifications requiring the use of the inoperative equipment may not be performed.</text> </paragraph> <paragraph num="G."> <text>Upon repair or replacement of the inoperative equipment or tool within 72 hours, the unused inspection certificates shall be returned to the licensee.</text> </paragraph> <paragraph num="H."> <text>If the equipment or tool is not repaired or replaced within 72 hours, the unused certificates shall be retained by the Division and the licensee required to remove the inspection station sign from public view. All other issued materials shall be retained by the licensee. However, no complete inspections or repair order certifications may be performed.</text> </paragraph> <paragraph num="I."> <text>If the equipment or tool is not repaired or replaced within a total of 90 days, the license shall be suspended or revoked and all issued materials returned to the Division, except where a valid back order receipt is in evidence.</text> </paragraph> <paragraph num="J."> <text>Maryland manufacturers, second-stage manufacturers, or authorized dealers operating under COMAR 11.15.27.08 and State-operated weight facilities shall be equipped with a:</text> <paragraph num="(1)"> <text>Standard automotive air pressure gauge as specified by the Maryland State Police in concurrence with the Maryland Department of Transportation; and</text> </paragraph> <paragraph num="(2)"> <text>Scale or scales capable of accurately measuring the weight of a lift axle on a four-axle dump truck.</text> </paragraph> </paragraph> <paragraph num="K."> <text>The Division Commander shall approve all required measuring devices of this regulation before use.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Repealed." /> <regulation prefix="Regulation" num=".09" heading="Agreement of Licensee."> <paragraph num="A."> <text>Upon compliance with the requirements of Regulations .02—.07 of this chapter and being licensed as an authorized inspection station, the licensee:</text> <paragraph num="(1)"> <text>Agrees to act in the best interest of the State and the general public and comply with the agreement contained in the application for an authorized inspection station license;</text> </paragraph> <paragraph num="(2)"> <text>Acknowledges that the licensee understands the license may be revoked, suspended, or refused for the reasons provided in these regulations and, upon revocation, suspension, or refusal, the licensee shall surrender the license and all related materials issued by the Division; and</text> </paragraph> <paragraph num="(3)"> <text>Acknowledges that the Division reserves the right, in the interest of public safety and in determining compliance with the subtitle, to conduct covert vehicle inspections at authorized inspection stations.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The licensee may not use as a defense, to a charge of violating any provision of this subtitle, that a fictitious safety equipment repair order was presented to the registered inspection mechanic as part of a covert vehicle inspection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Obligations of Authorized Inspection Stations, Maryland Manufacturers, Second-Stage Manufacturers, and Dealers."> <paragraph num="A."> <text>Inspections.</text> <paragraph num="(1)"> <text>At the request of a vehicle owner, dealer, or agent, the licensee shall perform a complete inspection or a reinspection of a vehicle.</text> </paragraph> <paragraph num="(2)"> <text>Whether the vehicle's equipment meets minimum safety standards or is rejected because it does not, the licensee shall give the owner, dealer, or agent a copy of the Division's vehicle inspection report which shall list all defective equipment, if any.</text> </paragraph> <paragraph num="(3)"> <text>If a rejected vehicle is repaired and returned within 30 days and within 1,000 miles after the original inspection to the same authorized inspection station where it was rejected, only the defective equipment or any defect visually observed is required to be reinspected. Otherwise, a complete inspection shall be performed.</text> </paragraph> <paragraph num="(4)"> <text>Appointments shall be honored, but if a complete inspection or reinspection cannot be performed when scheduled, an appointment for the complete inspection or reinspection shall be set for not more than 3 business days from the date of the original appointment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Reinspections.</text> <paragraph num="(1)"> <text>For a reinspection, the registered inspection mechanic who originally performed the complete inspection shall perform the reinspection on the appointment date, if possible.</text> </paragraph> <paragraph num="(2)"> <text>If the registered inspection mechanic who performed the original complete inspection is not available on a scheduled reinspection appointment date, the licensee is responsible for a complete reinspection and may charge only the appropriate fee for reinspection of the equipment indicated defective when the original complete inspection was performed, or shall refund the fee for the original complete inspection.</text> </paragraph> <paragraph num="(3)"> <text>If the registered inspection mechanic who performed the original complete inspection has had the mechanic's registration suspended or revoked as a result of an administrative action, the licensee shall:</text> <paragraph num="(a)"> <text>Refund the initial inspection fee; or</text> </paragraph> <paragraph num="(b)"> <text>If there is another registered inspection mechanic at the station, have the vehicle completely reinspected and only charge the fee for the reinspected equipment.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the facility's authorized inspection station license is suspended or revoked as a result of an administrative action, the facility's owner shall refund the initial inspection fee.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The licensee shall have available for use by all inspection personnel the Vehicle Inspection Handbook including all supplements.</text> </paragraph> <paragraph num="D."> <text>Except as provided in §D(1) and (2) of this regulation, the licensee and the supervisor shall permit only registered inspection mechanics to perform inspections and only within the designated inspection area.</text> <paragraph num="(1)"> <text>Certification of defects on safety equipment repair orders which require only a visual inspection may be performed outside the designated area but on the premises of the business.</text> </paragraph> <paragraph num="(2)"> <text>The inspection and certification of defect #61 “TINT” on safety equipment repair orders may be performed outside the designated inspection area but on the premises of the business.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The licensee and the supervisor shall permit only registered inspection mechanics to sign inspection certificates, vehicle inspection reports, safety equipment repair orders, or post manufacture window tint inspection reports.</text> </paragraph> <paragraph num="F."> <text>Maryland manufacturers, second-stage manufacturers, or authorized dealers certifying equipment repair orders under COMAR 11.15.27 are responsible for supplying a list of individuals authorized to certify safety equipment repair orders to the Automotive Safety Enforcement Division (ASED), and shall notify the ASED of changes to the list within 10 days.</text> </paragraph> <paragraph num="G."> <text>The licensee shall discontinue inspections and notify the Division of the following circumstances and may not resume inspections until authorized to do so by the Division:</text> <paragraph num="(1)"> <text>Change in ownership, partnership, corporate representatives, or trade name;</text> </paragraph> <paragraph num="(2)"> <text>Change in location of the facility;</text> </paragraph> <paragraph num="(3)"> <text>Any remodeling or significant change to the inspection area;</text> </paragraph> <paragraph num="(4)"> <text>Request of the licensee to cancel the licensee's license or application; or</text> </paragraph> <paragraph num="(5)"> <text>Any circumstance which prevents a complete inspection, the issuance of an inspection certificate, or a repair order certification.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Notifying the Division.</text> <paragraph num="(1)"> <text>The licensee or supervisor shall immediately notify the Division of the following circumstances:</text> <paragraph num="(a)"> <text>Change of inspection or supervisory personnel;</text> </paragraph> <paragraph num="(b)"> <text>Stolen, lost, or damaged inspection certificates, license, sign, or records pertaining to inspection;</text> </paragraph> <paragraph num="(c)"> <text>Conviction of criminal or motor vehicle laws, restrictions imposed on driver's license, or loss of driver's license of any registered inspection mechanic; or any condition or circumstance which may affect the mechanic's ability to conduct inspections or sign inspection certificates or safety equipment repair orders; or</text> </paragraph> <paragraph num="(d)"> <text>Anything unusual to indicate the serial number plate has been tampered with.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a licensee does not have a registered inspection mechanic in the licensee's employ, the licensee shall surrender all unused inspection certificates to the Division and remove the inspection station sign from public view. If a registered inspection mechanic is not employed within 90 days, the license shall be cancelled.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The licensee, when applicable, shall display the issued authorized inspection station sign on his property in a manner visible to the public on the main thoroughfare where the business is located.</text> </paragraph> <paragraph num="J."> <text>The licensee shall prominently display in public view the following in a frame and under clear glass or plastic:</text> <paragraph num="(1)"> <text>Authorized inspection station license;</text> </paragraph> <paragraph num="(2)"> <text>Required official inspection procedure chart with approved inspection fee; and</text> </paragraph> <paragraph num="(3)"> <text>Registered inspection mechanic list.</text> </paragraph> </paragraph> <paragraph num="K."> <text>The licensee or supervisor shall assure that the inspection area is kept clear.</text> </paragraph> <paragraph num="L."> <text>Inspection Fee.</text> <paragraph num="(1)"> <text>The licensee of an authorized inspection station open to the public may establish a fee for a complete inspection based on the times listed in this section at the hourly flat rate charged for similar mechanical repairs:</text> <paragraph num="(a)"> <text>Vehicles 10,000 pounds and under GVWR — 1.5 hours, which includes 0.4 hour for adjustment of headlights;</text> </paragraph> <paragraph num="(b)"> <text>Vehicles 10,000 pound and under GVWR with 4-wheel drive or full floating axles — 2.0 hours, which includes 0.4 hour for adjustment of headlights, and with each additional axle add 1 hour;</text> </paragraph> <paragraph num="(c)"> <text>Vehicles over 10,000 pounds GVWR with front and rear brakes — 2.9 hours, which includes 0.4 hour for adjustment of headlights, and with each additional axle add 1.5 hours;</text> </paragraph> <paragraph num="(d)"> <text>Vehicles over 10,000 pounds GVWR without front brakes — 2.4 hours, which includes 0.4 hour for adjustment of headlights and with each additional axle with brakes add 1.5 hours;</text> </paragraph> <paragraph num="(e)"> <text>Trailers under 10,000 pounds GVWR without brakes — 0.5 hour, and with each axle with brakes add 0.5 hour;</text> </paragraph> <paragraph num="(f)"> <text>Trailers over 10,000 pounds GVWR — 0.5 hour:</text> <paragraph num="(i)"> <text>Each additional axle with single wheels add 0.75 hour; and</text> </paragraph> <paragraph num="(ii)"> <text>Each additional axle with dual wheels add 1.5 hours.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Motorcycles — 0.75 hour; and</text> </paragraph> <paragraph num="(h)"> <text>Vehicles with post manufacture window tint applied to windows required to meet at least 35 percent light transmittance and compliant with all other post manufacture window tinting regulations under this subtitle — 0.2 hour of hourly flat rate in addition to applicable inspection fees established under this section.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the defects are not repaired at the authorized inspection station and the vehicle is returned for reinspection and certification, a prorated inspection fee may be charged for the reinspection of those defects requiring jacking, lifting, measuring, or testing. A fee, if charged, will be based on defect or defects inspection as set forth in the safety equipment repair order certification procedures. However, an additional fee may not be charged for the reinspection of those defects which may be visually inspected and do not require the use of test or inspection equipment.</text> </paragraph> <paragraph num="(3)"> <text>Safety Equipment Repair Order Certification Procedures. A fee for certification of defects on a safety equipment repair order may be charged as follows and based on the prevailing hourly labor flat rate at the authorized inspection station. Those defects which can be merged shall be charged at the single highest rate, for example, tires and steering, 0.2 hour of the facility's hourly labor flat rate, or tires and wheel alignment, 0.3 hour of the facility's hourly labor flat rate. The inspection fee for multiple defects which can be merged may not be higher than the highest single time increment. Those which cannot be merged may be charged separately provided the total inspection fee is not exceeded. An inspection fee may not be charged for the certification of a SERO with defects which may be visually inspected. These defects are noted with an asterisk on the SERO and do not require the use of test or inspection equipment. The licensee may establish a fee for certification of a SERO which cannot be visually inspected based on the following fee charged for inspections:</text> <paragraph num="(a)"> <text>Defect #50 brakes:</text> <paragraph num="(i)"> <text>Vehicles over 10,000 pounds GVWR with dual wheels — 1.5 hours of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle;</text> </paragraph> <paragraph num="(ii)"> <text>Vehicles over 10,000 pounds GVWR with single wheels — 0.5 hour of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle; and</text> </paragraph> <paragraph num="(iii)"> <text>All other vehicles requiring wheel removal — 0.5 hour of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Other defects:</text> <paragraph num="(i)"> <text>Defect #51 tires — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(ii)"> <text>Defect #52 steering — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(iii)"> <text>Defect #53 exhaust system — 0.3 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(iv)"> <text>Defect #54 windshield wipers*;</text> </paragraph> <paragraph num="(v)"> <text>Defect #55 headlights* — 0.3 hour of the facility's hourly labor flat rate to check for aim; and an additional 0.1 hour may be added if adjustment is needed;</text> </paragraph> <paragraph num="(vi)"> <text>Defect #56 taillights*;</text> </paragraph> <paragraph num="(vii)"> <text>Defect #57 horn*;</text> </paragraph> <paragraph num="(viii)"> <text>Defect #58 driver's seat — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(ix)"> <text>Defect #59 suspension/shocks — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(x)"> <text>Defect #60 bumper or bumpers*;</text> </paragraph> <paragraph num="(xi)"> <text>Defect #61 glass* tint — 0.2 hour of the facility’s hourly labor flat rate to test the light transmittance of windows equipped with post manufacture window tint and required to have at least 35 percent light transmittance;</text> </paragraph> <paragraph num="(xii)"> <text>Defect #62 load cover*;</text> </paragraph> <paragraph num="(xiii)"> <text>Defect #64 stop lights*;</text> </paragraph> <paragraph num="(xiv)"> <text>Defect #65 tag light or lights*;</text> </paragraph> <paragraph num="(xv)"> <text>Defect #66 dash lights*;</text> </paragraph> <paragraph num="(xvi)"> <text>Defect #67 wheel alignment — 0.3 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xvii)"> <text>Defect #68 rearview mirrors*;</text> </paragraph> <paragraph num="(xviii)"> <text>Defect #69 door latch or door handle*;</text> </paragraph> <paragraph num="(xix)"> <text>Defect #70 fuel system — 0.2 hour of the facility's hourly labor flat rate, except cap*;</text> </paragraph> <paragraph num="(xx)"> <text>Defect #71 turn signals*;</text> </paragraph> <paragraph num="(xxi)"> <text>Defect #72 wheel or wheel lugs — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxii)"> <text>Defect #73 hood catch or hood catches*;</text> </paragraph> <paragraph num="(xxiii)"> <text>Defect #74 floor/trunk pan or pans — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxiv)"> <text>Defect #76 fenders or flaps*;</text> </paragraph> <paragraph num="(xxv)"> <text>Defect #77 speedometer/odometer — 0.2 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxvi)"> <text>Defect #78 hazard warning lamps*;</text> </paragraph> <paragraph num="(xxvii)"> <text>Defect #79 parking lamps*;</text> </paragraph> <paragraph num="(xxviii)"> <text>Defect #80 side marker lamps*;</text> </paragraph> <paragraph num="(xxix)"> <text>Defect #81 fog/auxiliary lamps — 0.3 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxx)"> <text>Defect #82 emergency warning lamps*;</text> </paragraph> <paragraph num="(xxxi)"> <text>Defect #83 back-up lamp or lamps*;</text> </paragraph> <paragraph num="(xxxii)"> <text>Defect #84 reflectors*;</text> </paragraph> <paragraph num="(xxxiii)"> <text>Defect #85 external air brake components — 0.3 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxxiv)"> <text>Defect #86 low air warning device*;</text> </paragraph> <paragraph num="(xxxv)"> <text>Defect #87 clearance lamp*;</text> </paragraph> <paragraph num="(xxxvi)"> <text>Defect #88 identification lamps*;</text> </paragraph> <paragraph num="(xxxvii)"> <text>Defect #89 safety belts — 0.3 hour of the facility's hourly labor flat rate;</text> </paragraph> <paragraph num="(xxxviii)"> <text>Defect #90 lift axle air/weight ratio — 0.5 hour of the facility's hourly labor flat rate; and</text> </paragraph> <paragraph num="(xxxix)"> <text>Defect #91 diesel emission — 0.5 hour of the facility's hourly labor flat rate.</text> </paragraph> <aftertext>Agency Note : Before use of the station’s window tint meter is permitted and a fee is charged to inspect regulated windows equipped with post manufacture window tint, the vehicle must first be compliant with all other post manufacture window tinting regulations under this subtitle. The inspection and certification for the defect "tint” not requiring the use of a window tint meter shall be performed without charge and only by an authorized inspection station approved to inspect that class of vehicle.</aftertext> </paragraph> </paragraph> <paragraph num="(4)"> <text>Any class of authorized inspection station open to the public may certify any defect on a safety equipment repair order which is indicated as visually certifiable. Defects which can be visually certified are indicated by an asterisk after the defect on a safety equipment repair order.</text> </paragraph> <paragraph num="(5)"> <text>A request for an inspection fee increase shall be justified to the satisfaction of the Division before being charged. Inspection fee increases shall be approved by the Division. Requests to increase the inspection fee shall be submitted to the Division on the approved form.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Records."> <paragraph num="A."> <text>To enable the Division to determine the ability of each authorized inspection station to continue to conduct inspections and make corrections to equipment, each authorized inspection station shall maintain on their premises, adequate records in strict numerical sequence and as otherwise required by the Division. These records shall be available to the Division and other police officers during normal working hours. The inspection certificates and the Division's vehicle inspection reports shall be maintained for at least 8 months from the date of issuance and safety equipment repair orders and certifications for at least 2 years from the date of certification. Post manufacture window tint inspection reports and medical exemption forms shall be maintained by authorized inspection stations as required by the Division. These records shall include:</text> <paragraph num="(1)"> <text>Inspection certificates issued;</text> </paragraph> <paragraph num="(2)"> <text>Safety equipment repair order certifications filed numerically by calendar year;</text> </paragraph> <paragraph num="(3)"> <text>Two-part vehicle inspection reports, for the appropriate vehicle classes, signed by the registered inspection mechanics who performed the inspections;</text> </paragraph> <paragraph num="(4)"> <text>Two-part post manufacture window tint inspection reports, completed and signed by the registered inspection mechanics who performed the inspections of post manufacture window tint applied to regulated windows of vehicles; and</text> </paragraph> <paragraph num="(5)"> <text>Post manufacture window tint medical exemption forms issued by the Division.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The two-part vehicle inspection report shall be printed in black ink and made from carbonless paper, so that the second part shall have the exact information on it as the first part. The original of the two part vehicle inspection report shall be white in color and the carbonless copy shall be yellow in color. The inspection report shall be completed in black ink. The original of the report shall be maintained at the inspection station and the copy shall be given to the vehicle owner, owner's agent, or the dealer. The vehicle inspection report shall:</text> <paragraph num="(1)"> <text>Contain the name, complete address, and phone number of the owner, owner's agent, or dealer requesting the vehicle inspection;</text> </paragraph> <paragraph num="(2)"> <text>Contain the year, make, model, and serial number or manufacturer's vehicle identification number (VIN) as obtained from the vehicle and indicate any information relevant to possible tampering with a serial number plate;</text> </paragraph> <paragraph num="(3)"> <text>Indicate the inspection station assigned number;</text> </paragraph> <paragraph num="(4)"> <text>Contain the date of initial inspection which shall include the name of the month, a two-digit date, and the year (for example, June 04, 2011);</text> </paragraph> <paragraph num="(5)"> <text>Indicate the odometer reading at the time of inspection on the applicable vehicles;</text> </paragraph> <paragraph num="(6)"> <text>Indicate whether equipment required to be inspected meets established safety standards;</text> </paragraph> <paragraph num="(7)"> <text>Indicate wheels or drums removed for inspection;</text> </paragraph> <paragraph num="(8)"> <text>Indicate the measurements and minimum specifications of brake discs and maximum specifications of brake drums;</text> </paragraph> <paragraph num="(9)"> <text>Indicate brake lining or pad thickness measurements at the thinnest point above the rivet head on riveted lining or the thinnest point on bonded lining;</text> </paragraph> <paragraph num="(10)"> <text>Indicate ball joint or king pin play measurements obtained by use of a ball joint checker. If no play is present, a zero will be sufficient. If the vehicle is equipped with wear-indicating ball joints, note this on the vehicle inspection report;</text> </paragraph> <paragraph num="(11)"> <text>Indicate a “P” for headlight alignment that passes, or an “F” for headlight alignment that fails, in the block for headlight readings obtained by use of a Division-approved headlight tester before adjustments are made; and</text> </paragraph> <paragraph num="(12)"> <text>Indicate the work order number from a preprinted numbered internal work order that cross-references the initial inspection and any repair work performed by the inspection station related to the inspection.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Initial inspections and any repair work performed by the inspection station related to the inspection shall be documented on a preprinted numbered internal work order.</text> </paragraph> <paragraph num="D."> <text>Permission shall be obtained from the vehicle owner or agent before any repair resulting from an inspection is performed at the authorized inspection station. If any such repair work over $50 is necessary, this permission should be in writing. All the requirements of the auto repair facilities law, Commercial Law Article, Title 14, Subtitle 10, Annotated Code of Maryland, shall be complied with by each authorized inspection station.</text> </paragraph> <paragraph num="E."> <text>The inspection station shall give the owner, the owner's agent, or the dealer the completed carbonless copy of the two-part vehicle inspection report, and on reinspection shall indicate on the original report whether the equipment has been repaired and meets established safety standards.</text> </paragraph> <paragraph num="F."> <text>The two-part post manufacture window tint inspection report shall be printed in black ink and made from carbonless paper, so that the second part shall have the exact information on it as the first part. The original shall be white in color and the carbonless copy shall be yellow in color. The inspection report shall be completed in black ink.</text> <paragraph num="(1)"> <text>The post manufacture window tint inspection report shall be completed as required by the Division and shall:</text> <paragraph num="(a)"> <text>Contain the date of inspection which shall include the name of the month, a two-digit date, and the year (for example, June 04, 2011);</text> </paragraph> <paragraph num="(b)"> <text>Contain, when applicable, the corresponding inspection certificate number or safety equipment repair order number;</text> </paragraph> <paragraph num="(c)"> <text>Contain the year, make, model, and serial number or manufacturer's vehicle identification number (VIN) as obtained from the vehicle;</text> </paragraph> <paragraph num="(d)"> <text>Contain the name, address, and phone number of the owner, owner's agent, or the dealer requesting the vehicle inspection;</text> </paragraph> <paragraph num="(e)"> <text>Indicate the percentage of light transmittance of each regulated window containing post manufacture vehicle window tint;</text> </paragraph> <paragraph num="(f)"> <text>Indicate in the appropriate (Pass / Fail) box the results of the post manufacture window tint inspection;</text> </paragraph> <paragraph num="(g)"> <text>Contain the written signature and legibly printed name of the registered inspection mechanic who performed the inspection; and</text> </paragraph> <paragraph num="(h)"> <text>Contain the name, address, station number, and classification of the authorized inspection station using a legible stamp and black ink.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon completion of the post manufacture window tint inspection report, the original of the report shall be maintained at the inspection station as required by the Division and the carbonless copy shall be given to the vehicle owner, owner's agent, or the dealer for their records.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The post manufacture window tint medical exemption form shall be established and issued only by the Division for the purpose of providing notification and documentation to an authorized inspection station performing an inspection of a vehicle that:</text> <paragraph num="(1)"> <text>Is owned by a person who must be protected from the sun for medical reasons and has been determined by the Division that the owner has met the medical exemption requirements established in Transportation Article, §22-406, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Excluding the light transmittance requirement, is compliant with all other post manufacture window tinting regulations under this subtitle.</text> </paragraph> </paragraph> <paragraph num="H."> <text>The post manufacture window tint medical exemption form issued by the Division shall be maintained by the authorized inspection station as required by the Division.</text> </paragraph> <paragraph num="I."> <text>The Division may require the licensee to maintain certain other administrative records pertaining to the inspection process.</text> </paragraph> <paragraph num="J."> <text>A Maryland manufacturer, second-stage manufacturer, or authorized dealer as specified under COMAR 11.15.27 who certifies safety equipment repair orders for lift axle air/weight ratio for dump service registration vehicles shall maintain safety equipment repair orders for at least 2 years. These safety equipment repair order certifications shall be filed numerically for each calendar year.</text> </paragraph> <paragraph num="K."> <text>Recording VIN. Under §B(2) of this regulation, if a vehicle has more than one VIN, the registered mechanic shall, if the numbers are obtainable, record each VIN on the inspection certificate and the vehicle inspection report. On vehicles classified as homemade trailers, the VIN plate shall be attached to the outside of the left portion of the trailer tongue as near as possible to the front of the trailer body. If this is not practical, the plate shall be attached to the outside of the left side rail of the frame as near as possible to the front of the trailer. The plate shall be attached with rivets.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Revocation, Suspension, or Refusal of Authorized Inspection Station License."> <text>The following may be cause for revocation, suspension, or refusal of an authorized inspection station license:</text> <paragraph num="A."> <text>Failure to maintain any of the standards or requirements set forth in these regulations;</text> </paragraph> <paragraph num="B."> <text>Failure to notify the Division of personnel, physical plant, or equipment changes;</text> </paragraph> <paragraph num="C."> <text>Failure to maintain required records;</text> </paragraph> <paragraph num="D."> <text>Change in ownership, partnership, corporate representatives, or trade name;</text> </paragraph> <paragraph num="E."> <text>Change in location of the facility or inspection area;</text> </paragraph> <paragraph num="F."> <text>Failure to maintain inspection tools and test equipment in proper working condition;</text> </paragraph> <paragraph num="G."> <text>Violation of any provision or requirement of these regulations, or violation of any part of Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Repealed." /> <regulation prefix="Regulation" num=".14" heading="Vehicle Sale or Transfer of Ownership."> <paragraph num="A."> <text>An inspection is required when a used vehicle is sold or ownership is transferred or when a used vehicle is to be titled and registered in the State. As requested by a vehicle owner, owner's agent, or dealer, a certified inspection mechanic at an inspection station shall perform a complete inspection, as set forth in this subtitle.</text> </paragraph> <paragraph num="B."> <text>An inspection is not required for:</text> <paragraph num="(1)"> <text>Sales or transfers of used vehicles to a licensed or foreign dealer;</text> </paragraph> <paragraph num="(2)"> <text>Sales or transfers accompanied by a signed statement by the purchaser or transferee that the sale or transfer is made for the purpose of rebuilding, as defined in Regulation .01B(27) of this chapter, or dismantling the vehicle;</text> </paragraph> <paragraph num="(3)"> <text>Transfers between spouses or between former spouses when the transfer occurs as a result of a settlement or court order predating the divorce;</text> </paragraph> <paragraph num="(4)"> <text>Transfers between parent and child or child and parent;</text> </paragraph> <paragraph num="(5)"> <text>Transfers of co-owned vehicles when a co-owner's name is being removed from the title;</text> </paragraph> <paragraph num="(6)"> <text>Sales or transfers of used vehicles which are not to be both titled and registered in the State;</text> </paragraph> <paragraph num="(7)"> <text>Transfers of used vehicles among State agencies;</text> </paragraph> <paragraph num="(8)"> <text>Transfers of used vehicles as described in Transportation Article, §13-503.2, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(9)"> <text>The transfer of a used vehicle into a written inter vivos trust in which the transferor is the primary beneficiary; or</text> </paragraph> <paragraph num="(10)"> <text>The transfer of a used island vehicle, as defined in Transportation Article, §13-935, Annotated Code of Maryland, registered, or to be registered, as a Class K (farm area/island) vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Either the transferor or the transferee may obtain required inspection certificates for vehicles registered or to be registered as:</text> <paragraph num="(1)"> <text>Class E (truck) over 3/4 ton manufacturer's rated capacity;</text> </paragraph> <paragraph num="(2)"> <text>Class F (tractor); or</text> </paragraph> <paragraph num="(3)"> <text>Class G (freight trailer or semitrailer).</text> </paragraph> </paragraph> <paragraph num="D."> <text>If a used vehicle is transferred other than by voluntary transfer or is transferred by a political subdivision of the State after that subdivision obtains the vehicle by proceedings pursuant to Criminal Procedure Article, Title 12, Annotated Code of Maryland, the transferee shall obtain the inspection certificate from an authorized inspection station.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Inspection Certificate."> <paragraph num="A."> <text>Upon successful completion of an inspection, the registered inspection mechanic who performed the inspection shall issue a prenumbered inspection certificate before the vehicle leaves the premises. The inspection certificate shall be completed in black ink and:</text> <paragraph num="(1)"> <text>Contain the serial number or manufacturer's identification number (vehicle identification number) obtained from the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Contain the make, type, year, and current odometer reading of the vehicle when applicable;</text> </paragraph> <paragraph num="(3)"> <text>Contain the name, address, station number, and classification of the authorized inspection station using a legible stamp and black ink;</text> </paragraph> <paragraph num="(4)"> <text>Contain a certification date which shall include the name of the month, a two-digit date, and the year, for example, January 02, 2010, or March 23, 2012;</text> </paragraph> <paragraph num="(5)"> <text>Contain the written signature and legibly printed name of the registered inspection mechanic who performed the inspection; and</text> </paragraph> <paragraph num="(6)"> <text>Be distributed as follows:</text> <paragraph num="(a)"> <text>The original copy of the certificate shall be furnished to the vehicle owner, dealer, or agent;</text> </paragraph> <paragraph num="(b)"> <text>The purchaser's copy shall be given to the owner, dealer, or agent who shall deliver this copy to the purchaser upon transfer of ownership of the vehicle;</text> </paragraph> <paragraph num="(c)"> <text>Inspection station copy shall be maintained as required by Regulation .11 of this chapter; and</text> </paragraph> <paragraph num="(d)"> <text>Additional instructions are on the reverse side of the copies of the inspection certificate.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the original inspection certificate is lost, damaged, or contains incorrect or illegible information and a duplicate certificate is necessary, the following will apply:</text> <paragraph num="(1)"> <text>A duplicate certificate may only be issued by the inspection mechanic who issued the original certificate unless authorized otherwise by the Division;</text> </paragraph> <paragraph num="(2)"> <text>Except for corrections, a duplicate certificate shall contain exactly the same date, odometer reading, and all other pertinent information as the original certificate; and</text> </paragraph> <paragraph num="(3)"> <text>When possible, the original certificate and all copies will be marked VOID, cross-referenced with the duplicate certificate and filed as required by Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Inspection certificates will be issued to each authorized inspection station by the Division.</text> </paragraph> <paragraph num="D."> <text>Inspection certificates shall remain valid for 90 calendar days from the date the inspection certificate is issued.</text> </paragraph> <paragraph num="E."> <text>An inspection certificate issued for a used vehicle owned and held in inventory by a dealer licensed under Transportation Article, Title 15, Annotated Code of Maryland, shall remain valid for 6 months or 1,000 miles from the date the inspection certificate was issued, whichever occurs first.</text> </paragraph> <paragraph num="F."> <text>A vehicle titled and registered with the Administration may be transferred and retitled to another owner within 30 days from the date of the last inspection without requiring a reinspection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Safety Equipment Repair Orders."> <paragraph num="A."> <text>The vehicle owner or his agent shall present the No. 3, 4, and 5 copies of the safety equipment repair order to an authorized inspection station. The registered inspection mechanic shall inspect as set forth in the Vehicle Inspection Handbook, or as directed by the Division, only those defects indicated on the repair order to determine if the defects have been corrected and meet or exceed established safety standards. Inspection mechanics who are presented with a fictitious safety equipment repair order as defined in Regulation .01B(13) of this chapter, shall complete an inspection of only those defects indicated on the fictitious safety equipment repair order in accordance with established procedures and in a manner identical to an actual repair order. If the defects have been corrected and meet or exceed established safety standards, the registered inspection mechanic shall certify the safety equipment repair order using the method prescribed for inspection certificates contained in Regulation .15A(3)—(5) of this chapter, in the space provided and copies shall be distributed as follows:</text> <paragraph num="(1)"> <text>Number 3 (inspection station/police department) copy — retained and filed as required by Regulation .11 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Number 4 (owner/agent) copy — returned to the vehicle owner or the owner's agent for his records; and</text> </paragraph> <paragraph num="(3)"> <text>Number 5 (State Police compliance copy) — returned to the vehicle owner or the owner's agent to be forwarded to the Division.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Important instructions for the vehicle owner and authorized inspection station are on the reverse sides of the owner's and inspection station copies.</text> </paragraph> <paragraph num="C."> <text>If a notice of suspension is presented for certification, the procedures set forth in §A of this regulation will apply and the copies shall be distributed as follows:</text> <paragraph num="(1)"> <text>Letter (white) copy — returned to vehicle owner/agent to be forwarded to the Division;</text> </paragraph> <paragraph num="(2)"> <text>Yellow (inspection station/police department) copy — retained on file as required by §A(1) of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Goldenrod (owner/agent) copy — returned to vehicle owner/agent.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A dump service registration vehicle registered under COMAR 11.15.27 that receives a safety equipment repair order for an inaccurate lift axle air/weight ratio shall be inspected during normal business hours by:</text> <paragraph num="(1)"> <text>A Maryland manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>A Maryland second-stage manufacturer;</text> </paragraph> <paragraph num="(3)"> <text>An authorized dealer; or</text> </paragraph> <paragraph num="(4)"> <text>A State-operated weight facility.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A vehicle owner or the vehicle owner's agent receiving a safety equipment repair order under COMAR 11.15.27.08C shall present for certification the No. 3, 4, and 5 copies of the safety equipment repair order to:</text> <paragraph num="(1)"> <text>A Maryland manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>A Maryland second-stage manufacturer;</text> </paragraph> <paragraph num="(3)"> <text>An authorized dealer; or</text> </paragraph> <paragraph num="(4)"> <text>A State-operated weight facility.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A diesel vehicle as defined in COMAR 11.21.02.01 that receives a safety equipment repair order for violating emissions standards under COMAR 11.21.02.06 shall be inspected during normal operating hours by:</text> <paragraph num="(1)"> <text>A Maryland emissions inspector; or</text> </paragraph> <paragraph num="(2)"> <text>A diesel emissions retester in Maryland as prescribed in COMAR 11.21.02.08.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A vehicle owner or owner's agent receiving a safety equipment repair order under COMAR 11.21.02 shall present for certification copies 3, 4, and 5 of the safety equipment repair order to a:</text> <paragraph num="(1)"> <text>Maryland emissions inspector; or</text> </paragraph> <paragraph num="(2)"> <text>A diesel emissions retester in Maryland as prescribed in COMAR 11.21.02.08.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Suspension of Vehicle Registration."> <paragraph num="A."> <text>Whenever the owner of a vehicle fails to comply with a safety equipment repair order within the time prescribed by law, a notice of suspension of the registration plates shall be issued.</text> </paragraph> <paragraph num="B."> <text>Whenever the owner of a vehicle fails to comply with a notice of suspension which requires the registration plates to be returned to the Administration within 10 days, a tag pick up order shall be issued. The registration plates are subject to confiscation by a police officer, as defined in Transportation Article, §23-101(g), Annotated Code of Maryland, following procedures established by the Division, and shall be forwarded to the Administration upon confiscation.</text> </paragraph> <paragraph num="C."> <text>The Administration shall retain the confiscated registration plates until the suspension is rescinded. Upon satisfactory proof of correction of defective equipment, the Maryland State Police shall notify the Administration, and registration plates shall be released or issued to the owner of the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Administrative Hearings."> <paragraph num="A."> <text>Complaints of violations of these regulations will be investigated by the Division. If the investigation reveals a violation which warrants an administrative hearing, all parties shall be afforded an opportunity for a hearing after reasonable notice.</text> </paragraph> <paragraph num="B."> <text>A hearing held as a result of a violation which warrants emergency suspension shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 29.01.01.</text> </paragraph> <paragraph num="C."> <text>If a person fails to appear for a hearing scheduled for alleged violations of the Transportation Article, Maryland Vehicle Law, Annotated Code of Maryland, or any of the regulations duly promulgated, and has notice of the hearing given by the Division pursuant to the provisions of §§B and D of this regulation, the Division may revoke, suspend, or cancel the authorized inspection station license or the inspection mechanic's registration.</text> </paragraph> <paragraph num="D."> <text>Emergency suspension hearings and hearings on other violations resulting in the imposition of administrative penalties that are not accepted may be appealed to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November, 1965</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 7, 1980 (7:5 Md. R. 475)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 23, 1998 (25:6 Md. R. 488)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 1, 2012 (39:1 Md. R. 18)</annotation> </annotations> </chapter> <chapter num="02" heading="Safety Standards for Passenger Cars, Taxicabs, Light Trucks, Vans, Multipurpose Passenger Vehicles, and Type II School Vehicles"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>The standards, requirements and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirements on passenger cars, taxicabs, light trucks 10,000 pounds and under GVWR, vans, multipurpose passenger vehicles with a chassis capacity up to 10,000 pounds, and type II school vehicles. Any questions regarding passenger cars, taxicabs, light trucks, vans, multipurpose passenger vehicles with a chassis capacity up to 10,000 pounds, and type II school vehicle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing these types of vehicles shall assure the vehicle meets or exceeds all applicable federal or State safety standards.</text> </paragraph> <paragraph num="B."> <text>Three-wheel multipurpose vehicles which have an enclosed occupant compartment shall meet all established minimum standards for four-wheel multipurpose vehicles with the exception of headlamps. If a three-wheel multipurpose vehicle which has an enclosed occupant compartment is constructed with one wheel in the front and the design of the vehicle's body is such that two headlamps are impractical, one headlamp meeting established minimum standards for motorcycles will be acceptable if the vehicle is equipped with parking lamps, turn signal lamps, and side marker lamps, as required, which adequately indicate the extreme width of the vehicle front and rear.</text> </paragraph> <paragraph num="C."> <text>Vehicles specially constructed as an exact replica of a previously manufactured vehicle, which have been designated or otherwise would qualify as an historic vehicle or a vehicle of unique interest as defined by the Motor Vehicle Administration for registration of these original vehicles, shall meet all applicable established minimum standards for vehicles of the same model year in which the vehicle is actually constructed and titled with the following exceptions:</text> <paragraph num="(1)"> <text>Regulation 10A(2)(c), side marker lamps: If the original counterpart of the specially constructed vehicle was manufactured without side marker lamps, side marker lamps are not required on the exact replica;</text> </paragraph> <paragraph num="(2)"> <text>Regulation .08A: If the original counterpart of the specially constructed vehicle was manufactured without fenders or with fenders which do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for fenders;</text> </paragraph> <paragraph num="(3)"> <text>Regulation .07A: If the original counterpart of the specially constructed vehicle was manufactured without bumpers, with concealed bumpers, or with bumpers which do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for bumpers;</text> </paragraph> <paragraph num="(4)"> <text>Regulation .10A(1)(c)(iv), red high mounted stop lamp: If the original counterpart of the specially constructed vehicle was manufactured without a red high mounted stop lamp, a red high mounted stop lamp is not required on the exact replica; and</text> </paragraph> <paragraph num="(5)"> <text>The Division Commander may authorize in writing a waiver of additional inspection requirements to be consistent with the original vehicle counterpart.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Steering, Alignment, and Suspension."> <paragraph num="A."> <text>Steering. Inspect the entire steering system including steering wheel, steering column, lash, linkage, free play, and power steering for missing, loose, damaged, or worn parts.</text> <paragraph num="(1)"> <text>Steering Wheel. The steering wheel shall be inspected to determine if it is circular (complete rim) and free of cracks, breaks, or objects which will interfere with the safe steering of the vehicle. The inspection will also be to determine that the steering wheel is original equipment or equivalent, including diameter.</text> </paragraph> <paragraph num="(2)"> <text>Energy Absorbing Steering Column. To determine if the components are capable of functioning as designed, a careful inspection shall be performed, and include any objects on the steering column. An external examination of either shear pins or collapsible mesh-type material shall also be performed.</text> </paragraph> <paragraph num="(3)"> <text>Lash.</text> </paragraph> <paragraph num="(4)"> <text>Travel.</text> </paragraph> <paragraph num="(5)"> <text>Linkage.</text> </paragraph> <paragraph num="(6)"> <text>Power Steering.</text> </paragraph> <aftertext>Figure 2 STEERING LASH OR FREE PLAY.</aftertext> </paragraph> <paragraph num="B."> <text>Wheel Alignment. There are five basic factors which are the foundations to front wheel alignment: caster, camber, toe-in, steering axis inclination, and toe-out on turns. All are mechanically adjustable except steering axis inclination and toe-out on turns. Overall front wheel alignment can be somewhat grossly indicated by measurement of front wheel toe. Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors. Rear wheel misalignment on vehicles with fixed rear suspension can be caused by broken or damaged springs, trailing rods, or center bolts and improper toe or camber adjustment on vehicles with independent rear suspension. If during road test there are no undesirable steering or handling reactions, caster and camber check is not necessary.</text> <paragraph num="(2)"> <text>Caster. Caster is the forward or backward tilt, from vertical of the spindle support arm at the top. Improper caster can cause hard steering, low speed shimmy, wander, and brake pull problems.</text> </paragraph> <paragraph num="(3)"> <text>Camber. Camber is the inward or outward tilt of the top of the wheel from vertical. Improper camber can cause erratic tire wear problems, hard steering, and wander.</text> </paragraph> <paragraph num="(4)"> <text>Rear Wheel Alignment.</text> </paragraph> <aftertext>Figure 6 CASTER ANGLES.</aftertext> </paragraph> <paragraph num="C."> <text>Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars or frame that would affect vehicle stability.</text> <paragraph num="(1)"> <text>Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's specifications, keep in mind that the load carrying joint is unloaded in procedures(a) and (b), and that a pry bar pressure sufficient only to lift the weight of the wheel assembly is required. If the inspector uses the “leverage” of a pry bar to exert excessive pressure, he can easily force an apparent ball joint movement and get a false reading. This may result in expensive replacement of perfectly good joints. Therefore, only a 12-inch to 18-inch pry bar should be used. Ball joints should be properly lubricated before inspection.</text> </paragraph> <paragraph num="(2)"> <text>Ball Joints. Inspection of ball joints on models before 1973 shall be performed with the joints unloaded. Beginning with some 1973 models, however, some manufacturers provide a wear-indicating ball joint to facilitate inspection in which case a visual inspection is made with joints loaded.</text> </paragraph> <paragraph num="(3)"> <text>Ball Joints. Inspection of nonload carrying ball joints shall also be performed with the joints unloaded. With the vehicle properly jacked, inspect for any noticeable looseness. (See Figures 8 and 9)</text> </paragraph> <paragraph num="(4)"> <text>King Pin or Spindle Bolts. Inspection of king pins or spindle bolts shall be made to determine if there are any missing, broken or worn parts that may affect the steering or suspension of the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts. Wheel bearings should be properly lubricated prior to inspection.</text> </paragraph> <paragraph num="(6)"> <text>Springs and Torsion Bars. Loose, sagging, or broken springs or torsion bars, worn or deteriorated bushings, loose or extended shackles and loose or mislocated U-bolts, suspension modifications or broken center bolts, can cause vehicle handling instability and brake pull.</text> </paragraph> <paragraph num="(7)"> <text>Shock Absorbers/Shock Struts.</text> </paragraph> <aftertext>Figure 8 BALL JOINT JACKING PROCEDURE — HORIZONTAL MOVEMENT.</aftertext> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Brakes."> <paragraph num="A."> <text>Service Brake Performance Tests.</text> <paragraph num="(1)"> <text>Road tests and visual procedures. Service brake tests shall be conducted on a substantially level, dry, hard, smooth surface road or area that is free from loose material, oil, or grease. Using the service brake only, the stopping ability of the vehicle shall be tested by one of the following methods:</text> </paragraph> <paragraph num="(2)"> <text>Station test and visual inspection procedures. Before attempting inspection by this method, the inspector should be trained and experienced in the use of the equipment and the equipment must have adequate capacity.</text> </paragraph> <paragraph num="(3)"> <text>Dynamic Brake Inspection. This test is for stations equipped with a roller-type brake dynamometer. The rollers should be dry, smooth, and free of oil or grease. The machine indicates both braking effort and imbalance. Brakes on front and rear axles are evaluated separately.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Hydraulic System.</text> <paragraph num="(1)"> <text>Tests and visual inspection procedures. Recommended for inspection programs which must accommodate a large volume of vehicles. Results will indicate whether or not a vehicle has reasonably safe brakes at the time of inspection. The engine shall be running when checking vehicles with power assisted hydraulic systems. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped.</text> </paragraph> <paragraph num="(2)"> <text>At least one front and one opposite rear wheel shall be removed for brake inspection. When any deficiency is noted upon inspection of a wheel pulled, the other wheel on the same axle shall also be pulled for complete brake inspection. Always inspect a brake assembly which shows evidence of leaking fluid or grease. Do not remove wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Drums and Discs.</text> <paragraph num="(1)"> <text>Many of today's vehicles have a combination of disc (caliper) type brakes on the front wheels and drum-type brakes on the rear wheels.</text> </paragraph> <paragraph num="(2)"> <text>On vehicles equipped with disc brakes some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with both hands.</text> </paragraph> <paragraph num="(3)"> <text>Annually all wheels and brake drums shall be removed for brake inspection on type II school vehicles.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Linings and Pads. Remove at least one front and one rear wheel and drum assembly on opposite sides for inspection of linings on drum brakes. On vehicles equipped with disc brakes, only removal of the wheel is necessary. When any deficiency is noted in the linings or pads on the wheel pulled, the linings or pads for the other wheel on the same axle shall also be inspected.</text> </paragraph> <paragraph num="E."> <text>Mechanical Linkage. Includes the service brake mechanism, parking brake, and manual controls on vehicles equipped for physically handicapped persons.</text> </paragraph> <paragraph num="F."> <text>Vacuum/Hydraulic Booster System.</text> </paragraph> <paragraph num="G."> <text>Parking Brake.</text> <paragraph num="(1)"> <text>Parking Brake Function. Parking brakes on most vehicles function through at least one set of the rear service brake shoes. A few vehicles have disc-type service brakes on all four wheels which makes it necessary to have separate drums for the parking brakes. These drums and linings shall be inspected in a manner similar to that for service drum brakes. Any parking brake shall hold a stopped vehicle firmly on all normal road grades.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Brake Performance Chart.</text> <paragraph num="(1)"> <text>This deceleration as measured in brake tests cannot be used to compute the values in column 4 because it is not sustained at the same rate over the entire period of the stop. The deceleration increases from zero to a maximum during a period of brake system application and brake force build-up. Also, other factors may cause the deceleration to decrease after reaching a maximum. The added distance which results because a maximum deceleration is not sustained is included in the figures in column 4 but is not indicated by usual brake testing devices for checking deceleration.</text> </paragraph> <paragraph num="(2)"> <text>There is a definite mathematical relationship between the figures in columns 2 and 3. If the decelerations set forth in column 3 are divided by 32.2 feet per second per second, the column 2 figures will be obtained. (For example, 17 divided by 32.2 gives 52.8 percent.) Column 2 is included in the tabulation because certain brake testing devices utilize this factor.</text> </paragraph> <paragraph num="(3)"> <text>The decelerations in column 3 are an indication of the effectiveness of the basic brakes and, as measured in practical brake testing, are the maximum braking decelerations attained at sometime during the stop.</text> </paragraph> <paragraph num="(4)"> <text>The distances in column 4 and the decelerations in column 3 are not directly related. Brake system “application and braking distance in feet” (column 4) is a definite measure of the overall effectiveness of the braking system, being the distance traveled between the point at which the driver starts to move the braking controls and the point at which the vehicle comes to rest. It includes distance traveled while the brakes are being applied and the distance traveled while the brakes are retarding the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>The distance traveled during the period of brake system application and brake force build-up varies with vehicle type, being negligible for many passenger cars and greatest for combinations of commercial vehicles. This fact accounts for the variation from 20 to 40 feet in the numerical values in column 4 for the various classes of vehicles.</text> </paragraph> <paragraph num="(6)"> <text>The deceleration requirement in column 3 is the same for all classifications of vehicles except for passenger vehicles, not including buses, because brakes on vehicles in the second, third and fourth classifications are all capable with reasonable maintenance of producing the designated deceleration as measured by brake testing devices. A higher deceleration requirement is warranted for passenger cars in view of United States Department of Transportation/Federal Highway Administration Test Data.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Decelerometers.</text> <paragraph num="(1)"> <text>The method of brake system application and braking distance is not to be confused with the distance indicated by the inertia-type decelerometer and other existing brake testers, which often are purported wrongly to measure the vehicle stopping distance.</text> </paragraph> <paragraph num="(2)"> <text>The pendulum and U-tube decelerometers used for brake testing are instruments scaled to read deceleration or equivalent braking force (sometimes referred to as brake efficiency) in percentages. The principle of the pendulum-type decelerometer is that a pendulum on a vehicle moving at a uniform speed will assume a vertical position. When the vehicle speed is reduced by application of the brakes, the pendulum will swing forward to an angle away from the vertical. The tangent of the angle through which the pendulum moves is directly proportional to the deceleration. Basically, the U-tube fluid-type instrument is a closed glass tube formed in the shape of a U. When vehicle speed is reduced by braking, the inertia of the fluid causes the level in the glass tube to fall. The distance the level of the liquid falls is proportional to the deceleration in feet per second per second, which is read from a scale on the front part of the glass tube.</text> </paragraph> <paragraph num="(3)"> <text>The vehicle will normally pitch because the lines of action of the inertia and braking forces are different. In order to minimize erroneous responses, the decelerometer, if used, should be put as close to the center of the vehicle as practical.</text> </paragraph> </paragraph> <paragraph num="J."> <text>Brake Testing Machines.</text> <paragraph num="(1)"> <text>These types of brakes testers measure braking force at each wheel. The effectiveness of the brake testers that measure braking force in the testing of vehicles other than passenger vehicles or light trucks is very questionable.</text> </paragraph> <paragraph num="(2)"> <text>The dimensions of these brake testers do not permit practical and reliable testing on combination vehicles. Use should therefore be restricted to two-axle vehicles. The simulated road surface of these machines will occasionally exhibit much higher coefficients of friction than is possible on the highway. Excessive braking should therefore be avoided, because braking distribution information is distorted.</text> </paragraph> <paragraph num="(3)"> <text>For drive-on-and-stop test machines, the vehicle is driven on the pads at speeds of 4 to 8 mph. When the brakes are applied at the time the vehicle is moving on the pads, the braking effort at each wheel causes a proportionate movement of the pad against the measuring system. The braking force on the pads is measured by indicating or recording instruments.</text> </paragraph> <paragraph num="(4)"> <text>The roller-type brake testing machine has powered rollers that turn the individual wheels while the brakes are applied in order to measure the brake force developed.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Test Wheel Equipment. Any type of fifth or test wheel equipment can be used, provided it obtains the following results:</text> <paragraph num="(1)"> <text>It shall measure the distance within plus or minus 3 percent of the values obtained by the “hot-shot” method, which uses an electrically fired gun.</text> </paragraph> <paragraph num="(2)"> <text>The road speed of the test wheel shall be measured with a speedometer designed to hold the indicating hand at the speed from which the stop is initiated. The speedometer shall indicate the speed to within plus or minus 2 percent of the speed timed with a stopwatch over a measured mile.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Brake system” means a combination of one or more brakes and their related means of operation and control.</text> </paragraph> <paragraph num="(2)"> <text>“Deceleration” means the rate of reduction of the speed of the vehicle, expressed in feet per second per second.</text> </paragraph> <paragraph num="(3)"> <text>“Equivalent braking ratio” means the percentage ratio of the sum of retarding forces developed by each braked wheel to the “as tested” gross weight of the vehicle or combination.</text> </paragraph> <paragraph num="(4)"> <text>“Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system. (This function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system.)</text> </paragraph> <paragraph num="(5)"> <text>“Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position. (A positive mechanical means is employed to hold the brake applied when the vehicle is unattended.)</text> </paragraph> <paragraph num="(6)"> <text>“Pedal reserve” as applied to hydraulic, mechanical or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position. (The purpose of the pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition.)</text> </paragraph> <paragraph num="(7)"> <text>“Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.</text> </paragraph> <paragraph num="(8)"> <text>“Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.</text> </paragraph> </paragraph> <text>Figure 16, TIRE CONSTRUCTION</text> <text>.</text> <text>Figure 17, TIRE WEAR.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Wheels and Tires."> <paragraph num="A."> <text>Reference is made to the figures in additional wheel and tire information for visual aid in determining tire wear. This inspection is visual.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fuel System."> <paragraph num="A."> <text>The fuel system includes the fuel tank, fuel pump, and necessary piping to carry the fuel from the tank to the carburetor or to the injection system. The engine shall be running when inspecting this system for leaks.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Exhaust System."> <paragraph num="A."> <text>The exhaust system includes the exhaust manifold and all piping leading from the flange of the exhaust manifold, to and including the muffler, resonator, and the tail piping.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Bumpers."> <paragraph num="A."> <text>Bumpers shall be inspected for broken or missing parts, abnormal protrusions, sharp edges, or conditions that could be hazardous to persons. The bumpers shall be securely mounted to the vehicle and be capable of absorbing a reasonable degree of impact. They shall be the original equipment or equivalent and extend the full width of the vehicle. Bumper extensions or modifications to compensate for suspension changes are not acceptable. Bumper height shall be no higher than 20 inches for Class A passenger vehicles and no higher than 28 inches for Class E light trucks or Class M multipurpose passenger vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fenders and Flaps."> <paragraph num="A."> <text>Fender inspection shall include condition, mounting, and coverage of wheels and tires. Rear fenders are defined as the rear quarter panel of vehicle from the rearmost door opening rearward and from the window or trunk, or both, opening downward to the extreme bottom edge.</text> </paragraph> <text>Figure 19 FENDERS.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Body and Sheet Metal — Applicable to School Vehicles Only."> <text>Body exterior components and sheet metal parts, if damaged or dislocated so that they project from the vehicle to present a safety hazard to occupants, pedestrians, or other vehicles, may be cause for rejection of the vehicle.</text> <text>Procedures: Reject Vehicle If: (1) Protruding Metal. Inspect for torn metal parts, moldings, rub rails, etc., which may protrude from vehicle. (1) (a) Body components and sheet metal are subject to rejection if a condition exists which is hazardous to occupants, pedestrians, or other vehicles. (b) Torn metal, broken glass, or other loose or dislocated parts protrude from the surface of the vehicle which is hazardous to occupants, pedestrians, or other vehicles.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Lighting."> <paragraph num="A."> <text>General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized.</text> <paragraph num="(3)"> <text>Preparation for Headlamp Aim Inspection. Preparation for headlamp and aim inspection to be done by owner of vehicle before inspection. Frame leveling is done at the station. Any one of the items listed below can affect the inspection results causing rejection of the vehicle. To prevent this and reduce inspection time, the inspector should have the first four of these items checked before inspection.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Headlamps. Vehicle shall be equipped with either a dual headlighting system consisting of four 5-3/4 inch diameter units, two of which shall be No. 1 and two of which shall be No. 2; or four 6-1/2 × 4-1/4 inch rectangular units, two of which shall be No. 1A and two of which shall be No. 2A; or four 5.93 × 3.64 inch rectangular-type F units, two of which shall be LF units and two of which shall be UF units; or a single headlighting system consisting of two 7 inch units; or two 8 × 5 inch rectangular units; or an approved bulb and reflector-type system. All units bearing the marking No. 2 shall be inspected and aimed on low beam. All bearing the marking No. 1 or no number will be inspected and aimed on high beam. Headlamp inspection and aiming by the photoelectric-optical method requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle. Additional lighting information is contained in §§F, G, and H (limits are in inches at 25 feet). Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5-3/4 inch type 1-1C1, type 2-2C1; 6-1/2 inch × 4-1/4 inch type 1A-1A1, type 2A-2A1; 7 inch type 2-2D1; 8 inch × 5 inch type 2B-2B1; type F 5.93 inch by 3.64 inch—low beam—LF, high beam—UF. Type F units require special aimer adapter and must be aimed in accordance with the manufacturer's recommended procedures. Bulb and reflector-type headlamps currently approved contain a 9004 Sylvania bulb in a normal reflector unit or an H-4 bulb in a sealed reflector unit. Sealed reflector units contain a glass bubble which encases the bulb when in place, which can be detected by removing the bulb and determining if the bubble exists.</text> <paragraph num="(1)"> <text>High Beam.</text> </paragraph> <paragraph num="(2)"> <text>Low Beam. Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5-3/4 inch diameter or 4-1/4 × 6-1/2 inch rectangular units marked type 2 or type 2A and 7 inch diameter or 8 × 5 inch rectangular marked type 2 or 2B.</text> </paragraph> <aftertext>Figure 23 HEADLAMPS.</aftertext> </paragraph> <paragraph num="C."> <text>Headlamp (Applicable to Type II School Vehicles Only).</text> <paragraph num="(1)"> <text>In order to compensate for the various conditions of loading encountered during inspection, the frame or body floor will be made level before checking. This will provide a standard condition for inspecting all vehicles and may be accomplished by using a combination of blocks under the rear wheels or a lifting device (jack) or both for the front end. A spirit level may be placed on the frame side member.</text> </paragraph> <paragraph num="(2)"> <text>Place vehicle in a darkened location of sufficient size for the vehicle and an additional 25 feet from lamps to screen. An approved marked screen and adequate test area are required. Level the vehicle frame as described in §C(1). The vehicle shall be located accurately in front of the screen.</text> </paragraph> <paragraph num="(3)"> <text>Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5-3/4 inch diameter or 6-1/2 × 4-1/4 inch rectangular units marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular units marked 2 or 2B.</text> </paragraph> <aftertext>Figure 24 AIMING SCREEN BEAM PATTERN — HIGH BEAM.</aftertext> </paragraph> <paragraph num="D."> <text>Fog Lamp and Auxiliary Driving Lamps. (A spot lamp is not considered an auxiliary driving lamp and has no set mounting height by law. Therefore, they need not be inspected.) If a vehicle is equipped with either fog lamps or auxiliary driving lamps they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which a vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles. Whenever a motor vehicle equipped with required headlamps also is equipped with any auxiliary lamps or a spot lamp or any other lamp on its front, projecting a beam of intensity greater than 300 candlepower, not more than four of these lamps on the front of a vehicle may be lighted at any one time when on a highway.</text> </paragraph> <paragraph num="E."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Asymmetrical beam (nonsymmetrical)” means one in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.</text> </paragraph> <paragraph num="(2)"> <text>“Back-up” lamp means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.</text> </paragraph> <paragraph num="(3)"> <text>“Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.</text> </paragraph> <paragraph num="(4)"> <text>“Driving lamp” means an auxiliary lamp or lamps that may be used to supplement the upper beam of the regular headlamps.</text> </paragraph> <paragraph num="(5)"> <text>“Emergency warning lamp” means a lamp which provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon or pairs of alternately or simultaneously flashing lamps.</text> </paragraph> <paragraph num="(6)"> <text>“Fog lamp” means a lamp which may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.</text> </paragraph> <paragraph num="(7)"> <text>“Hazard warning lamp” means a turn signal lamp which flashes simultaneously to warn of the presence of a vehicular hazard.</text> </paragraph> <paragraph num="(8)"> <text>Headlamps.</text> <paragraph num="(a)"> <text>5-3/4 inch Round Sealed Beam Unit.</text> <paragraph num="(i)"> <text>“Type I sealed beam unit” means a sealed unit 5-3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by the number 1 on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>“Type II sealed beam unit” means a sealed unit 5-3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>7" Round Sealed Beam Unit.</text> <paragraph num="(i)"> <text>A sealed unit 7 inches in diameter providing an upper and lower beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.</text> </paragraph> <paragraph num="(ii)"> <text>No identifying Number on Lens. Sealed beam unit 7 inches in diameter providing an upper and lower beam. It is aimed on the upper beam.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>8" × 5" Rectangular Sealed Beam Unit. Sealed beam unit providing an upper and lower beam. This unit is identified by the number 2B on the lens and is aimed on the lower beam.</text> </paragraph> <paragraph num="(d)"> <text>6-1/2 × 4-1/4 inch Rectangular Sealed Beam Unit.</text> <paragraph num="(i)"> <text>Type 1A—sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by the number 1A on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>Type 2A—sealed beam unit having two filaments, one filament providing fill-in light for the upper beam. This unit is identified by the number 2A on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>5.93 × 3.64 inch Rectangular Sealed Beam Units.</text> <paragraph num="(i)"> <text>Type LF—sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens. A special aimer adapter is required for aiming and aiming must be accomplished in accordance with the manufacturers' recommended procedures.</text> </paragraph> <paragraph num="(ii)"> <text>Type UF—sealed beam unit having a single beam filament and providing only an upper beam distribution of light. The unit is identified by the designation UF on the lens. A special aimer adapter is required for aiming and aiming (if applicable) must be accomplished in accordance with the manufacturers' recommended procedures.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Bulb and Reflector Headlamps—A lamp assembly providing an upper and lower beam light by means of a replacement bulb. These lamps shall be capable of being aimed and are aimed on lower beam. They shall be capable of producing at least 3500 candlepower output on lower beam and 5000 candlepower on upper beam.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Headlamp lower beam” means a distribution of light as directed to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.</text> </paragraph> <paragraph num="(10)"> <text>“Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.</text> </paragraph> <paragraph num="(11)"> <text>“Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:</text> <paragraph num="(a)"> <text>Appropriate electrical circuits are in operation;</text> </paragraph> <paragraph num="(b)"> <text>Malfunction of vehicle performance; and</text> </paragraph> <paragraph num="(c)"> <text>Requirement for remedial action by the operator of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Lane changer” means a device, usually incorporated in the turn signal switch which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and deactivate the signal lamp.</text> </paragraph> <paragraph num="(13)"> <text>“License-plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.</text> </paragraph> <paragraph num="(14)"> <text>“Operating units or switches” means devices by which the functioning of lamps are controlled.</text> </paragraph> <paragraph num="(15)"> <text>“Parking lamp” means lamps used to designate the front of a parked vehicle.</text> </paragraph> <paragraph num="(16)"> <text>“Passing lamp” means an auxiliary lamp or lamps that may be used to supplement the low beam of a standard headlamp system. It is not intended for winding roads or congested city areas.</text> </paragraph> <paragraph num="(17)"> <text>“Reflective device” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.</text> </paragraph> <paragraph num="(18)"> <text>“SAE Lighting Identification Code” is a series of standardized markings for lighting devices which a manufacturer or a supplier may use to mark his product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.</text> </paragraph> <paragraph num="(19)"> <text>“Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:</text> <paragraph num="(a)"> <text>One or more sealed beam units (bulb assembly);</text> </paragraph> <paragraph num="(b)"> <text>Means for mounting securely to the vehicle;</text> </paragraph> <paragraph num="(c)"> <text>Means to permit required aim adjustment.</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>“Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.</text> </paragraph> <paragraph num="(21)"> <text>“Side marker lamp” means a lamp on the left and right sides, beamed to the side, and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles over 30 feet in length, are also located at the midpoint (intermediate side marker).</text> </paragraph> <paragraph num="(22)"> <text>“Stop lamp” means a lamp giving a steady warning light to the rear of the vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.</text> </paragraph> <paragraph num="(23)"> <text>“Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beams are:</text> <paragraph num="(a)"> <text>5-3/4 inch diameter type 1;</text> </paragraph> <paragraph num="(b)"> <text>5-3/4 inch diameter type 2 (upper beam filament);</text> </paragraph> <paragraph num="(c)"> <text>6-1/2 × 4-1/4 inch type 1A;</text> </paragraph> <paragraph num="(d)"> <text>6-1/2 × 4-1/4 inch type 2A (upper beam filament);</text> </paragraph> <paragraph num="(e)"> <text>8 × 5 inch type 2B (upper beam filament);</text> </paragraph> <paragraph num="(f)"> <text>All 7 inch diameter units (upper beam filament).</text> </paragraph> </paragraph> <paragraph num="(24)"> <text>“Tail lamp” means a lamp used to designate the rear of a vehicle.</text> </paragraph> <paragraph num="(25)"> <text>“Turn signal lamp” means a lamp which provides a flashing warning light to indicate the intended direction of the turn.</text> </paragraph> </paragraph> <paragraph num="F."> <text>SAE Identification Code (J759C SAE Handbook).</text> <paragraph num="(1)"> <text>The following list is an identifying code for lights and signaling devices:</text> </paragraph> <paragraph num="(2)"> <text>All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Headlamp Testing Machines.</text> <paragraph num="(1)"> <text>Headlamp Testing Machine. When a headlamp testing machine is used, it shall give results equivalent to those obtained using a screen. It shall be in good repair and adjustment, and shall be used in accordance with the manufacturer's instructions. A machine using a photoelectric cell or cells to determine aim should also have a visual screen upon which the beam pattern is projected proportionally to its appearance and aim on the screen at 25 feet. The visual screen shall be plainly visible to the operator and have horizontal and vertical reference lines to permit visual appraisal of the lamp beam.</text> </paragraph> <paragraph num="(2)"> <text>Mechanical Aimer (applicable to school vehicles only). When a mechanical aimer is used, it shall be in good repair and adjusted, and shall be used according to the manufacturer's instructions and shall be calibrated to the slope of the floor on which the vehicle stands.</text> </paragraph> <paragraph num="(3)"> <text>Screen (applicable to school vehicles only). When a screen is used, it should be 5' high × 12' wide with a matte white surface well shaded from extraneous light, and properly adjusted to the floor on which the vehicle stands. Provisions may be made for moving the screen so that it can be aligned parallel with the rear axle and so that a horizontal line drawn perpendicularly from the centerline of the screen will pass an equal distance midway between the two headlamps. The screen shall be provided with a fixed vertical centerline, two laterally adjustable vertical tapes, and one vertically adjustable horizontal tape.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Electrical System."> <text>To save time, the inspector should develop his own plan or sequence for checking miscellaneous electrical items, many of which can be inspected while inspecting other items.</text> <text>Procedures: Reject Vehicle If: Inspect Electrical System. (1) Horn shall be securely fastened, produce audible but not harsh or loud sound, and have a horn button readily accessible to the operator. (1) Horn is: (a) Loose; (b) Fails to function; (c) Produces loud or harsh sound; (d) Not equipped with horn button within arm's reach of operator. (2) Switches shall all function properly. (2) Switches fail to function. (3) Wiring shall be well insulated. (3) Wiring: (a) Insulation is bare, cracked, or broken; (b) Shows evidence of burning or short-circuiting. (4) Connections shall be tight and secure. (4) Connections are loose or show signs of excessive corrosion. (5) Automatic Transmission Only. Neutral safety starting switch—Determine that starter operates with gear selector in P and N only. (5) Starter operates with gear selector in any gear other than P or N. (6) Battery—Check General Condition. (6) Battery: (a) Is cracked or broken; (b) Connections are loose or show signs of excessive corrosion; (c) Is not held down securely; (d) Vents are not open (if equipped); (e) Is low on fluid level (if applicable).</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Interior and Emergency Equipment — Applicable to Type II School Vehicles Only."> <paragraph num="A."> <text>Seats, Stanchions, Rails.</text> </paragraph> <paragraph num="B."> <text>Visors and Defroster. The sun visor shall be located in front and above the driver and passenger position.</text> </paragraph> <paragraph num="C."> <text>Heaters, Step or Stepwell, and Vents.</text> </paragraph> <paragraph num="D."> <text>Fire Extinguisher, First Aid Kit, and Tire Chains. Every school vehicle shall be equipped with a nontoxic dry chemical fire extinguisher having a rating of at least 5 lb./10 B.C. and equipped with a gauge, and first aid container mounted in plain view in the driver's compartment and, when applicable, tire chains.</text> </paragraph> <paragraph num="E."> <text>Warning Devices.</text> </paragraph> <paragraph num="F."> <text>Color, Signs, Lettering, Retro-Reflective Tape, and Identification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Mirrors."> <paragraph num="A."> <text>Outside Mirrors. All vehicles shall be equipped with an outside rearview mirror on the driver's side providing a view of the highway for a distance of at least 200 feet to the rear. Every school vehicle shall be equipped with at least one convex mirror not less than 7-1/2 inches in diameter which shall be firmly mounted on the left front corner forward of the seated driver so that he may observe a reflection of the road from the front bumper to a point where direct observation is possible. One outside rearview mirror on each side of the school vehicle shall be mounted forward of the driver's seat and have an area not less than 50 square inches (minimum 5" × 10" high). Additionally there shall be on each side of vehicle a convex mirror of not less than 20 square inches of reflective surface. The convex mirrors may be incorporated in the plain view rearview mirror provided the plain view reflective area is not reduced, or they may be mounted independently. Either type shall be independently adjustable.</text> </paragraph> <paragraph num="B."> <text>Inside Mirrors. All vehicles shall be equipped with an inside rearview mirror except as noted in §B(1)(b). The inside rearview mirror shall be adjustable and clear view glass and provide a clear stable reflected view 200 feet to the rear. School vehicles shall be equipped with at least a 5 × 10 inch mirror, metal backed, framed with rounded corners, and firmly mounted as far forward as possible and provide a clear stable reflected view of the road surface to the rear of the vehicle for a continual distance beginning not more than 200 feet to the rear.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Vehicle Glazing."> <paragraph num="A."> <text>Safety glazing material is marked with the manufacturer's distinctive designation or trademark, model number, and the letters “AS” followed by a number from 1 through 16B, which indicates where the glazing may be used on the vehicle. Safety glazing material also has the symbol “DOT” (Department of Transportation) and a manufacturer’s code mark that the NHTSA (National Highway Traffic Safety Administration) assigns to the manufacturer. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="B."> <text>Proper Marking and Operation.</text> </paragraph> <paragraph num="C."> <text>Signs and Materials on Windshield or Windows. Inspect all glazing for unauthorized material or conditions that obscure the driver's vision.</text> </paragraph> <paragraph num="D."> <text>Post Manufacture Window Tinting.</text> </paragraph> <paragraph num="E."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Acute area” means the windshield area 8 inches wide by 5 inches high, located directly in front of the driver, centered vertically on the steering wheel of the vehicle and horizontally in the center of the critical area.</text> </paragraph> <paragraph num="(2)"> <text>“Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.</text> </paragraph> <paragraph num="(3)"> <text>“Critical area” means the normal windshield wiper sweep, except the area obscured by the hood, fenders, or rearview mirror.</text> </paragraph> <paragraph num="(4)"> <text>“Discoloration” means a condition which impairs the transparency of the glazing.</text> </paragraph> <paragraph num="(5)"> <text>“Non-critical area” means all windshield area outside the critical area.</text> </paragraph> <paragraph num="(6)"> <text>“Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger's and driver's sides.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Glazing Damage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Windshield Wipers and Washers."> <text>The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part.</text> <text>Procedures: Reject Vehicle If: A. Windshield Wipers. (1) Inspect for satisfactory operation. (If vacuum operated, engine shall be idling and control full on.) Windshield shall be free of insects, oil film, or other foreign matter, and should be continuously wet when tested. Wetting the windshield during school vehicle inspection may be waived if water is unavailable or the outside temperature is at or below freezing. (2) Inspect for damage, torn, or hardened rubber elements of blades. (3) Inspect for damaged metal parts of wiper blades or arms. (4) Inspect for proper contact of blades with windshield. Raise arm away from windshield and release. Arm should return to original position and cause the wiper blades to firmly contact the windshield. A. (1) Wipers inoperative or cannot be controlled or operated by the driver. (2) A wiper arm or blade is broken or missing. (3) There is insufficient tension of arm to hold blade against windshield. (4) There are worn or deteriorated blades that do not clean the windshield (within 5 cycles applicable to school vehicles only). (5) Wiper arms and blades are not the proper size for the windshield. (6) Not equipped with on/off switch within arm's length of driver. (7) Arm(s) fail to return to park position. B. Windshield Washers (school vehicles only). (1) Inspect for proper operation of hand or foot control and an effective amount of fluid delivered to the outside of the windshield. System shall function regardless of outside temperatures. B. (1) Reservoir is empty. (2) System fails to function. (3) Fluid in system is frozen. (4) System does not provide fluid to the wiper area.</text> </regulation> <regulation prefix="Regulation" num=".16" heading="Hood/Catches."> <paragraph num="A."> <text>Inspection shall consist of operation and presence of catches and safety catches; insuring that the hood covers at least the top part of the engine compartment; and, if equipped with an air scoop or bubble, same does not extend higher than 1/3 the vertical height of the windshield.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Doors, Handles and Latches."> <paragraph num="A."> <text>Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles which are equipped with doors.</text> </paragraph> <paragraph num="B."> <text>Doors—Service, Emergency (applicable to school vehicles only). Service doors may be split-type, sedan-type, or jackknife-type with vertical closing edges covered with flexible material.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Floor; Trunk Pans."> <paragraph num="A."> <text>Floor and trunk pans shall be inspected for holes or rusted and weakened conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Speedometer; Odometer."> <paragraph num="A."> <text>Speedometer and odometer will be inspected to determine if they are connected and operable, the dial and calibrations are legible, and calibrated in miles or kilometers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Preventive Maintenance — Applicable to School Vehicles Only."> <paragraph num="A."> <text>Program. The vehicle owner shall establish a program recording inspections, repairs, and maintenance by vehicle number, and include at least annually a complete preventive maintenance inspection conducted jointly with M.V.A., to assure that each vehicle is in compliance with all sections of this manual pertaining to school vehicles. When the wheels have been removed for inspection or maintenance, and after the wheels have been replaced, the vehicle shall be test-driven to assure there is no imbalance of brakes before the vehicle is released for pupil transportation. Before September of each year, the Administration shall determine that the annual preventive maintenance inspection on each vehicle has been performed within the previous 12 months, repaired or replaced systems or parts are operating properly, and the condition of the vehicle is in accordance with the established standards. The Administration shall require a wheel or wheels to be pulled by the vehicle owner or mechanic, to verify condition and repair of brakes and other systems. In the event of a change of vehicle ownership and before the vehicle is authorized to transport school children, the Administration shall conduct a preventive maintenance inspection and accomplishment of any maintenance found necessary before the vehicle can be placed in service.</text> </paragraph> <paragraph num="B."> <text>Preventive Maintenance Inspection.</text> </paragraph> <paragraph num="C."> <text>Regular Inspection. Regular inspections shall be performed twice annually as required.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Front Driver's Seat."> <paragraph num="A."> <text>Inspect front driver's seat for proper operation of the adjusting mechanism and that seat is securely anchored to the floor, if the vehicle was originally manufactured with a front seat.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Safety Belts."> <paragraph num="A."> <text>Any motor vehicle manufactured or assembled after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the vehicle and any vehicle manufactured or assembled with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear seat of the vehicle. This does not apply to any motorcycle, bus, truck, taxicab, or type II school vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Motor Mounts."> <paragraph num="A."> <text>Motor mounts include any mounting or securing device designed to hold the motor in a stable position, if originally manufactured with motor mounts.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Gear Selection Indicator."> <paragraph num="A."> <text>Inspect the gear selection indicator for vehicles with automatic transmission only.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Universal Joints/Constant Velocity Joints."> <paragraph num="A."> <text>Universal joints are found in most rear wheel drive vehicles which utilize a drive shaft to propel the rear wheels. Constant velocity joints are generally found on front wheel drive vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Load Covers."> <paragraph num="A."> <text>This regulation does not apply to a:</text> <paragraph num="(1)"> <text>Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, if the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load carrying capacity;</text> </paragraph> <paragraph num="(3)"> <text>Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;</text> </paragraph> <paragraph num="(4)"> <text>Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or</text> </paragraph> <paragraph num="(5)"> <text>Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This regulation applies to a:</text> <paragraph num="(1)"> <text>Vehicle registered or capable of being registered under Transportation Article, §13-917, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load;</text> </paragraph> <paragraph num="(2)"> <text>Part of the load touching any bed enclosure which is within 6 inches of the top of the enclosure that it touches; or</text> </paragraph> <paragraph num="(3)"> <text>Part of the load which is higher than any of the enclosures.</text> </paragraph> </paragraph> <paragraph num="C."> <text>After January 1, 1992, any vehicle on which the manufacturer's original design specification for bed enclosures has been altered to increase the vehicle's load capacity shall have the load covered with a firmly attached canvas or similar type covering regardless of how the vehicle is loaded.</text> </paragraph> <paragraph num="D."> <text>The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November, 1965</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 22, 1980 (7:4 Md. R. 348)</annotation> <annotation type="History" subtype="Administrative History">Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)</annotation> </annotations> </chapter> <chapter num="03" heading="Safety Standards for Motorcycles"> <regulation prefix="Regulation" num=".01" heading="Applicability — Motorcycles."> <paragraph num="A."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment installed by the manufacturer or required by federal or State requirement for motorcycles and sidecars, if equipped. Questions regarding motorcycle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. A person constructing or reconstructing a motorcycle shall assure that the vehicle meets or exceeds all applicable federal or State safety standards.</text> </paragraph> <paragraph num="B."> <text>Three-wheel multipurpose vehicles having one wheel in the front and two in the rear and not having an enclosed driver or occupant compartment shall meet all established minimum standards for the front of motorcycles and all established minimum standards for the rear of four-wheel multipurpose vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Steering, Alignment, and Suspension."> <text>Steering and alignment items should be checked visually and adjusted according to the manufacturer's specifications. Check for condition, adjustment, wear, or broken and defective parts.</text> <text>Procedures: Reject Vehicle If: A. Swing arm bushing, bearing or rubber mount. Place motorcycle on jack or stand with rear wheel raised and inspect for wear or looseness. Check for lateral movement of swing arm by applying side to side force against rear wheel. Rubber mounted swing arms are designed to flex. A. There is noticeable lateral movement of the swing arm or rubber mounts are cracked, broken, or torn. B. Steering head bearings or bushings. Place the motorcycle on a stand or block with front raised. Grasp both fork legs and apply fore and aft force. Inspect for loose adjustment or play in steering head bearings or bushings. Turn handle bars from side to side and inspect for roughness or galling in bearings or bushings and location of stops. B. (1) There is noticeable play or roughness in the steering head bearings or bushings. Drag from a steering damper is not cause for rejection. (2) Stops are missing or do not adequately prevent forks from excessive travel or contact with the tank, etc. C. Wheel Alignment. Inspect front to rear wheel alignment and front wheel to fork tube alignment. For ease of inspection, three reference lines 1 inch apart on the floor may be used. Center the front tire on the center line and observe tracking of rear wheel as motorcycle is moved along the lines. C. Front to rear wheel misalignment exceeds 1 inch or front wheel is not vertical and parallel to front fork tubes. Front fork tubes are bent or damaged preventing full travel and free action of front forks. D. Handlebars. (1) Inspect handlebars for cracks, deformation, excessive flexure, proper alignment, mounting heights, width, and handgrips. D. Handlebars. (1) The handlebars are: (a) Cracked; (b) Deformed; (c) Show excessive flexure other than flexure from rubber mounts; (d) Improperly aligned; (e) Not constructed of adequate material; (f) Less than 18 inches in overall width; (g) Not equipped with grips. (2) Inspect handlebars for type of material used and proper thickness. (2) Handlebars will not withstand up and down force. (3) Apply up and down force to handlebars. (3) Handlebars are more than 15 inches above the lowest portion of the occupied operator's seat. (4) Inspect for unobstructed rotation of forks from stop to stop. (4) Handlebars prevent front fork from rotating from stop to stop. E. Shock Absorbers (if equipped) and front fork tubes— check dampening effects. Inspect for leaks. Check for rebound. E. Shock absorbers, mounting bolts, or mounts are missing, broken, or loose. Severe leakage (not slight dampness) of shock absorber or front fork tube seal. F. Wheel Bearings — grasp tire at top and bottom and rock itin and out. Rotate wheels and check for roughness and galling. F. There is noticeable play or roughness when wheel is rotated.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Frame."> <text>Procedures: Reject Vehicle If: Inspect the motorcycle frame in all areas which would not require the disassembly of any components Cracks, welds, fatigue points, work hardening, flexure is discovered which would indicate that the motorcycle frame has suffered structural damage which is hazardous to the rider or any passenger, or if frame is bent causing wheel alignment to exceed limits in Regulation .02C.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Brakes."> <text>Procedures: Reject Vehicle If: A. (1) At a speed of 20 mph on a smooth level, dry surface which is free from loose material, the brakes are required tostop the motorcycle within 30 feet. (2) If vehicle is equipped with both front and rear brakes, determine if there is adequate braking action at both wheels. A. (1) The motorcycle fails to stop within 30 feet. (2) There is inadequate brake action on either wheel. (3) There is obvious vibration, wobble, or bounce caused by warped brake rotor or brake drum out of round. B. Mechanical Brake System. Inspect linkage, cables, pivots, and bearings for high friction, wear, and broken or missing parts. Motorcycles manufactured after January 1, 1974, shall have brakes on all wheels. B. (1) Brake adjustment changes under any steering or loading conditions. (2) Cotter pins are missing. (3) Pins or clevises worn more than 25 percent of the original diameter. (4) The cam operating lever has been repositioned on the shaft as a means of avoiding replacement of worn cam, shoes, or lining. (5) Any cables are frayed (two or more broken strands). (6) Any brake adjustment mechanism which will not maintain an adjusted position or is adjusted to its maximum extent. (7) Front brake cable is routed so as to be pinched between fork and frame. (8) There is any roughness, binding, or jamming in levers or pedals. (9) Less than 1/3 travel remains in hand or foot brake when brakes are applied. (10) Modifications make the pedal inaccessible for adequate leverage or operation. (11) Manufactured after January 1, 1974, and not equipped with brakes on all wheels. C. Condition of Mechanical Components in Hydraulic or Mechanical Systems. (1) Inspect for worn pins and missing or defective cotter pins. (2) Inspect for broken or missing springs and worn cables, clevises, couplings, rods, and anchor pins. (3) Inspect for frozen, rusted, inoperative connections,missing spring clips, and defective grease retainers. (4) Inspect pedal shaft and bearings for high friction, wear, and misalignment. (5) Inspect for restriction of shoe movement at backing plate and for bind between brake shoes and anchor pins. (6) Inspect actuating cam for excessive wear, camshaft for looseness in backing plate bushing and determine that springs are of sufficient strength to return and hold shoes against cam. C. (1) Mechanical parts are missing, broken, or badly worn. (2) There is excessive friction in pedal and linkage or in brake components. (3) Pedal or levers are improperly positioned or misaligned. (4) Grease seals are defective, dripping, or slinging grease. D. Hydraulic System. Motorcycles manufactured after January 1, 1974, shall have brakes on all wheels. (1) Visually inspect condition of hydraulic system. (2) Inspect hydraulic hoses and tubes for leaks, cracks, chafing, flattened or restricted sections, and improper support. (3) Inspect master cylinder for leakage and fluid level. (4) Inspect master cylinder push rod for improper adjustment. (5) Inspect wheel cylinders or hydraulic brake actuating systems. D. (1) Hoses or tubing leaks or they are cracked, chafed, flattened, restricted, or are improperly fastened. (2) Master cylinder leaks or the reservoir is less than 1/2 full. (3) There is any leakage in the braking system. (4) The push rod is improperly adjusted. (5) Wheel cylinder or caliper leaks or fails to function. (6) Manufactured after January 1, 1974, and is not equipped with brakes on all wheels.</text> <text>At least one rear wheel and drum assembly shall be removed (for inspection of linings on vehicles equipped with drum brakes) from a three-wheeled multipurpose vehicle for lining, drum, and component inspection. Removal of a wheel on any other motorcycle shall be required only if any malfunction of braking is discovered during a road test. 1974 and newer motorcycles have a means of inspecting brake lining thickness without removing a wheel.</text> <text>Procedures: Reject Vehicle If: E. Condition of Linings and Pads. (1) Bonded—Measure the lining thickness at the thinnest point. (2) Riveted—Measure lining thickness at thinnest point. (3) Wire-backed—Inspect for wire showing on the friction surface of the lining. (4) All Linings or Pads—Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe. Also inspect for contamination and excessively uneven lining or pad wear. Circumferential head cracks on bonded linings are not reason for rejection if the lining is securely attachedto the shoe. E. (1) Brake lining wear reference mark indicates unsafe or replacement. (2) Thinnest point of bonded lining is less than 2/32 inch. (3) Any rivets are loose or missing. Lining is worn less than 2/32 inch above any rivet head. (4) Wire backing is visible on the friction surface. (5) Lining is broken, cracked, or not firmly and completely attached to shoe. (a) Friction surface is contaminated with brake fluid, oil, or grease. (b) Lining wear is extremely uneven. F. Brake Drums. (1) Inspect condition of the drum friction surface for substantial cracks extending to the open edge of the drum. Short hairline heat cracks should not be considered. (2) Inspect for cracks on the outside of the drum. (3) Inspect for mechanical damage. (4) Inspect for contaminated friction surface. F. (1) There is any substantial crack on the friction surface extending to open edge. Excessive wear (0.060 maximum) over original diameter or in excess of diameter embossed on drum. Grooving exists. (2) There is any external crack. (3) There is evidence of mechanical damage other than wear. (4) Friction surface is contaminated with oil, grease, or brake fluid. G. Brake Discs. (1) Inspect for substantial cracks extending to edge of disc. (2) Inspect for mechanical damage. (3) Inspect for contaminated friction surface. G. (1) There is any substantial crack extending to the edge. Worn beyond manufacturer's tolerances for replacement. (2) There is evidence of mechanical damage other than wear. (3) Friction surface is contaminated with oil, grease, or brake fluid</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Wheels and Tires."> <text>Reference is made to Figure 1 for visual aid in determining tire wear.</text> <text>Procedures: Reject Vehicle If: A. Inspect for tire wear. (1) Tires without tread wear indicators. (2) Tires with tread wear indicators. (3) Inspect for cord exposure. A. (1) Tire is worn so that less than 1/32 inch tread remains when measured at the thinnest point in any groove. (Figure 1) (2) Tire is worn so that a tread wear indicator contacts the road in any groove. (Figure 1). (3) Tire has a worn spot that exposes the cord through the tread. B. Inspect for tread cuts, snags, or sidewall cracks. B. Tire has tread cuts, dry rot, snags, or sidewall cracks in any direction, and deep enough to expose cords. C. Inspect for bumps, bulges, or knots. C. Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. D. Inspect for regrooved or recut tires. D. Tire has been regrooved or recut below original groove depth, except those which can be readily identified on the sidewall as regroovable. E. Inspect for tire size. E. Tires are smaller than manufacturer's specified minimum or of a size that causes tire and body contact during different vehicle attitudes. F. Visually inspect for restricted usage marking on tire. (Such as reclassified tires) F. Tire is: (a) Marked “For Farm Use Only”; (b) Marked “Off Highway Use Only”; (c) Marked “For Racing Use Only”; (d) A metal studded snow tire during period when prohibited. G. Inspect wheel bolts, studs, nuts, or lugs. G. Wheel bolts, nuts, studs, or lugs are loose, missing, or damaged. H. Inspect for wheel damage. H. Any part of wheel is bent, cracked, rewelded, or damaged, so as to affect safe operation of the vehicle; loose or missing spokes on spoke-type wheels; or any wheel not at least the equivalent of original equipment. I. Inspect for wheel size. I. Any wheel is not at least the minimum size recommended by the motorcycle manufacturer.</text> <text>Figure 1—TYPES OF MOTORCYCLE TIRES.</text> <text>Figure 1. Tire Tread Depth Gauge Wear Indicator — Inspection Recommendation. The tire inflation pressure should be checked against the vehicle manufacturer's recommendations (in owner's manual). Pressure lower or higher than recommended are not cause for rejection but the vehicle owner should be advised to correct this condition at the earliest opportunity.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Fuel System."> <text>The fuel system includes fuel tank, fuel pump, fuel valve, and necessary piping to carry the fuel from the tank to the carburetor.</text> <text>Procedures: Reject Vehicle If: (1) Visually inspect the fuel tank, fuel tank supporting brackets and hardware, fuel tubing, clamps, vent hoses, fuel tank cap, fuel on/off valve, fuel filter, and carburetor. (2) Inspect for proper operation of choke, hand throttle, or accelerator. (1) Any part of system is not securely fastened. (2) There is fuel leaking at any point in system. (3) Fuel tank cap is missing. (4) Physical damage caused by aging to any of the components. (5) Choke, throttle, or accelerator do not function properly, that is, binding, roughness or failure to return to released position.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Exhaust System."> <text>The exhaust system includes all tubing or pipe from the exhaust port of the engine to the exhaust outlet including mufflers.</text> <text>Procedures: Reject Vehicle If: (1) Visually inspect the exhaust system for leaks, deterioration, proper mounting and general condition. (a) Rusted or corroded areas shall be given particular attention. (b) Holes in the system made by the manufacturer for drainage are not cause for rejection. (1) Vehicle has no muffler. (2) There are loose or leaking seams or joints. (3) There are holes caused by corrosion or temporary repairs made to the exhaust pipe, muffler, or tail pipe. Welding or brazing is considered a permanent repair if it does not leak. (2) The exhaust outlet shall extend beyond the rearmost seating position or mounted in such a manner that the exhaustis not directed at the operator or passenger foot rest assemblies. (4) Tail pipe end is pinched or obstructed or does not extend beyond the rearmost seating position. (5) The system is not properly mounted or securely fastened. (6) There are loose or removed muffler baffles; the vehicle is equipped with cutout or similar device; or the system is not original or equivalent (7) Mufflers and pipes are not shielded to prevent riders from being burned (8) Exhaust pipe, muffler, or tail pipe is not of a leak-proof construction. Flexible pipe that does not leak is acceptable. (9) It emits continuous exhaust fumes or smoke which obscures persons or objects from view at reasonable distance under normal atmospheric conditions for more than 10 consecutive seconds.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Lighting."> <text>General Lamp and Reflector Inspection. This includes all original exterior lighting, plus whatever lamps are authorized. On vehicles without batteries, the engine shall run at high idle speed to perform lighting tests.</text> <text>Procedures: Reject Vehicle If: A. Switch on the night driving lamps and visually inspect the following: (Inspect (1) and (2) with ignition switch on.) (1) Actuate turn signal lever to right and left and observe function of turn signal lamps (if equipped). Motorcycles manufactured after January 1, 1973 shall have turn signals. (2) Place vehicle in all forward gears and inspect back-up lamps for function (if equipped). (3) Actuate the following and observe: indicator lamps, stop lamps, headlamps, lower and upper beam. (4) Observe the function of: (a) Tail lamps; (b) Parking lamps; (c) License Plate lamps; (d) Reflex reflectors. A. (1) Any bulb or sealed beam unit fails to light except back-up lamps. (2) Turn signals do not properly indicate right and left when so switched. (3) Back-up lamp system functions when vehicle is in a forward gear (if equipped). (4) Lamp shows color contrary to law (red light to the front; white light to the rear, except license plate lamp); (tail lamps shall be red; stop lamps red or amber; and headlamps shall emit white light). (5) Lamp fails to light the proper filament indicated at switch position. (6) Any lamp or reflector does not direct light properly. (7) Any lamp or lens is obscured or shielded by a nontransparent material or object. (8) Lamp assembly improperly fastened. (9) Lamp has a cracked or broken lens which emits a light contrary to law. (White light to the rear.) (10) Any lamp, lens, or reflector is not an approved type. B. Headlamp Inspection. Determine if lamp is mounted properly, not less than 24 inches or more than 54 inches above the road surface; or vehicle is equipped with at least one and not more than two headlamps, sealed beam or halogen replaceable bulb with reflector. B. Headlamp does not comply with mounting requirement.</text> <text>Additional Lighting Requirements. Inspect for safe condition, operation, wiring, and switching. All must be of an approved type.</text> <paragraph num="C."> <text>Tail Lamps — At least one required.</text> <paragraph num="(1)"> <text>Shall be red in color.</text> </paragraph> <paragraph num="(2)"> <text>Shall be visible in normal atmospheric conditions at night from 300 feet to the rear. (Vehicle manufactured after 6/1/71 shall be visible for 1,000 feet.)</text> </paragraph> <paragraph num="(3)"> <text>Mounted height: not less than 15 inches or more than 72 inches above the road surface for vehicles manufactured after August of 1970.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Stop Lamps — At least one required.</text> <paragraph num="(1)"> <text>Shall be red or yellow (amber) in color.</text> </paragraph> <paragraph num="(2)"> <text>Shall be visible in normal sunlight and night time from 300 feet to the rear.</text> </paragraph> <paragraph num="(3)"> <text>Shall be activated by application of service brake.</text> </paragraph> <paragraph num="(4)"> <text>May be combined with other rear lamps.</text> </paragraph> <paragraph num="(5)"> <text>Shall be extinguished when the turn signal is operating, if combined with rear turn signals.</text> </paragraph> <paragraph num="(6)"> <text>Mounting height: not less than 15 inches or more than 72 inches above road surface for vehicles manufactured after August of 1970.</text> </paragraph> </paragraph> <paragraph num="E."> <text>License Plate Lamp — One required.</text> <paragraph num="(1)"> <text>Shall be white in color.</text> </paragraph> <paragraph num="(2)"> <text>Shall render license plate legible from a distance of 50 feet at night.</text> </paragraph> <paragraph num="(3)"> <text>Shall be activated by same circuit which activates the headlamps.</text> </paragraph> <paragraph num="(4)"> <text>May be combined with other rear lamp.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Rear Reflector — One required, two permitted.</text> <paragraph num="(1)"> <text>In the rear vertical centerline; except if two reflectors are used on the rear, they may be symmetrically placed about the vertical centerline.</text> </paragraph> <paragraph num="(2)"> <text>Not less than 15 inches or more than 60 inches above the road surface.</text> </paragraph> <paragraph num="(3)"> <text>May be combined with other rear lamp.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Side Reflectors (only required on vehicles manufactured after 1/1/68.)</text> <paragraph num="(1)"> <text>Two red—one on each side as far to the rear as possible.</text> </paragraph> <paragraph num="(2)"> <text>Two amber—one on each side as far forward as possible.</text> </paragraph> <paragraph num="(3)"> <text>Not less than 15 inches or more than 60 inches above the road surface.</text> </paragraph> <paragraph num="(4)"> <text>May be combined with other lamps.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Auxiliary Driving and Fog Lamp Aim — Inspection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Electrical System."> <text>To save time, the inspector should develop his own plan or sequence for checking miscellaneous items, many of which can be inspected while inspecting other items.</text> <text>Procedures: Reject Vehicle If: Inspect Electrical System.A. Horn shall be securely fastened, produce audible but not harsh or loud sound, and have a horn button readily accessible to the operator. A. Horn: (1) Is loose; (2) Fails to function; (3) Produces unreasonably loud or harsh sound; (4) Is not equipped with a horn button within arm's reach of operator. B. Switches shall all function properly. B. Switches fail to function. C. Wiring shall be well insulated. C. Wiring: (1) Insulation is broken or wiring is bare; (2) Shows any evidence of burning or short circuiting. D. Connections shall be tight and secure. D. Connections are loose or show evidence of excessive corrosion.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Rearview Mirrors."> <text>Procedures: Reject Vehicle If: A. Rearview mirrors shall permit a clear view to the rear of the vehicle. Inspect for secure mounting, visibility and condition of mirror and its mounting hardware. A. (1) The mirror is cracked or discolored. (2) Mirror is improperly installed or loosely mounted. (3) A minimum 200-foot visibility cannot be achieved. (4) Motorcycle is not equipped with two rearview mirrors meeting requirements. B. Motorcycle shall be equipped with two rearview mirrors, one on left and one on right handlebar with a reflective area or at least 7 square inches each. Mirrors on 1978 or newer motorcycles with a plane surface shall have at least 12.5 square inches of reflective surface or, if convex, at least 10 square inches of reflective surface. (1) The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions. (2) The mirror shall be regular in shape (circular, oval, rectangular or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Windshield or Windscreen."> <text>Procedures: Reject Vehicle If: Vehicle Glazing. Windshields or windscreens are not required, but if installed, they shall be free of cracks, discoloration, or scratches which create any vision obstruction. They shall be an approved type and be mounted so that the driver's vision is not obstructed. (1) Windscreen obstructs or obscures the driver's vision. (2) Any support or stiffener device is mounted in the driver's forward line of vision.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Passenger Safety Items."> <text>Procedures: Reject Vehicle If: A. Passenger Hand Hold Device. If a passenger is to be transported, a properly attached handhold device shall be provided on the motorcycle and shall be of sufficient strength and size to provide adequate support to any passenger. A strap or bar device is acceptable. A. When a passenger can be transported and a hand hold is not present. B. Foot Rest Assemblies. For each designated seating position or if a passenger is to be transported, the motorcycle shall be equipped with a foot rest assembly on each side of the motorcycle. Passenger foot rests may be retractable or permanent. However, 1975 or newer shall be retractable. B. (1) When a passenger can be transported and foot rests are not present. (2) Passenger foot rests are permanently attached and extend more than 1 inch beyond the widest part of the motorcycle excluding handlebars. (3) 1975 or new motorcycle is not equipped with retractable passenger foot rests.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="Body Items."> <text>Procedures: Reject Vehicle If: A. Check for required body items, defective or dislocated parts, and parts projecting from the vehicle. A. (1) Seat is improperly or insecurely attached. Seat locking device does not function where applicable. (2) Engine mounting, frame, or brackets are cracked or broken. B. Side and Center Stand. B. (1) The side or center stand will not remain in the stored position. (2) The side or center stand is cracked, or broken, or apparent structural weakness is present, which would not support the motorcycle. (3) Side or center stand is held in the stored position by: (a) Wire; (b) Rubber band; (c) Other method which would not insure that the stand would remain secured in stored position. C. Chain Adjustment. C. Chain is not adjusted to manufacturer's specifications. If specifications are unavailable the following shall apply: “Rigid frame models”: minimum of 1/2 inch to maximum of 1 inch total up and down movement measured on the lower section of the chain midway between the sprockets. “Swing arm models”: minimum of 1/2 inch to maximum of 2 inches total up and down movement measured on the lower section of the chain midway between the sprockets. D. Chain guard. Motorcycles, if originally equipped, shall be provided with a chain guard, or other suitable device, which is original or equivalent. D. The chain guard, or other device, is missing (if originally equipped), broken, cracked, or is not the original or equivalent. E. Fenders. Inspect to determine if the fenders are properly mounted and there are no cracks, broken areas, or sharp edges. Front fender is not required. E. (1) Fenders are improperly mounted, cracked, or have sharp edges. (2) Rear fender is missing.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="Speedometer/Odometer."> <text>Procedures: Reject Vehicle If: Visually inspect speedometer and odometer for operation and legibility. Speedometer shall register speed in miles or kilometers per hour and odometer shall register in miles or kilometers. (1) Speedometer and/or odometer disconnected or inoperable.(2) Dial and calibrations not legible.(3) Speedometer does not register speed in miles or kilometers.(4) Odometer does not register in miles or kilometers.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)</annotation> </annotations> </chapter> <chapter num="04" heading="Safety Standards for Trucks, Truck Tractors, Commercial Buses, and Type I School Vehicles"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirement on trucks (over 10,000 pounds GVWR), multipurpose passenger vehicles having a chassis rating greater than 10,000 pounds, truck tractors, commercial buses, and type I school vehicles. Any questions regarding these standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing a vehicle shall assure the vehicle meets or exceeds all applicable federal and State safety standards.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Steering, Alignment, and Suspension."> <paragraph num="A."> <text>Steering. Inspect the entire steering system including steering, wheel, steering column, lash, linkage, free play, and power steering for missing, loose, damaged, or worn parts.</text> <paragraph num="(1)"> <text>Steering Wheel. The steering wheel shall be inspected to determine whether it is circular (complete rim) and free of cracks, breaks, or objects which will interfere with the safe steering of the vehicle. The inspection will also be made to determine whether the steering wheel is original equipment or equivalent, including diameter.</text> </paragraph> <paragraph num="(2)"> <text>Energy Absorbing Steering Column. Some model vehicles may be equipped with an energy absorbing steering column. This special column was designed to absorb energy by controlling the collapsing of its components. It collapses under impact from wither end of the column—steering gear end or steering wheel end. To determine whether the components are capable of functioning as designed, a careful inspection shall be performed, and include any objects on the steering column. An external examination of either shear pins or collapsible mesh-type material shall also be performed.</text> </paragraph> <paragraph num="(3)"> <text>Coupling. On heavier vehicles, there may be a flexible coupling in the steering column located just above the steering gear, usually known as “rag joint”, “pot joint”, or “U joint”.</text> </paragraph> <paragraph num="(4)"> <text>Lash, Free Play, and Travel. Inspect the steering system to determine whether excessive wear or improper adjustment of the linkage or steering gear exists. The vehicle shall be on a dry surface. If equipped with power steering, the engine shall be running and the fluid level and belt tension shall be within manufacturer's recommendation. (See Figure 3)</text> </paragraph> <paragraph num="(5)"> <text>Linkage. Linkage Play. Excessive free play causes wheel shimmy, erratic brake action and steering control problems. Make sure any looseness detected is not wheel bearing free play. Spring or Torsion Bar Height. Optimum front spring height is established as part of the overall design of front wheel alignment angles.</text> </paragraph> <paragraph num="(6)"> <text>Power Steering.</text> </paragraph> <aftertext>Figure 1—TYPICAL SHEAR CAPSULE LOCATION.</aftertext> </paragraph> <paragraph num="B."> <text>Wheel Alignment. There are five basic factors which are the foundation to front wheel alignment: caster, camber, toe-in, steering axis inclination, and toe-out on turns. All are mechanically adjustable except steering axis inclination and toe-out on turns. Overall front wheel alignment can be somewhat grossly indicated by measurement of front wheel toe. Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors. Rear wheel misalignment on vehicles with fixed rear suspension can be caused by broken or damaged springs, trailing rods, or center bolts and improper toe or camber adjustment on vehicles with independent rear suspension. If during road test there are no undesirable steering or handling reactions, caster and camber check is not necessary.</text> <paragraph num="(2)"> <text>Caster. Caster is the forward or backward tilt, from vertical of the spindle support arm at the top. Improper caster can cause hard steering, low speed shimmy, wander, and brake pull problems.</text> </paragraph> <paragraph num="(3)"> <text>Camber. Camber is the inward or outward tilt of the top of the wheel from vertical. Improper camber can cause erratic tire wear problems, hard steering, and wander.</text> </paragraph> <paragraph num="(4)"> <text>Rear Wheel Alignment. The wheelbase of a vehicle with tandem rear axles is determined by measuring from the center of the front wheel to the midpoint between the tandem axles. When measuring for tracking, the dimensions shall be taken between rear wheel centers. (See Figure 8 or 9)</text> </paragraph> <aftertext>Figure 6—CASTER ANGLES.</aftertext> </paragraph> <text>Agency Note: Not applicable if vehicle specifications indicate different left and right wheel base dimensions.</text> <text>Figure 8—REAR WHEEL ALIGNMENT-TANDEM BUSES.</text> <text>Figure 9—TRUCK WHEEL BASE.</text> <text>Figure 10 — TYPICAL BALL JOINT.</text> <text>Figure 11 — PRE LOADED BALL JOINT.</text> <text>Figure 12 — WEAR INDICATING BALL JOINT.</text> <paragraph num="C."> <text>Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars, or frame that would affect vehicle stability.</text> <paragraph num="(1)"> <text>Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's specifications, keeping in mind that the load carrying joint is unloaded in procedures(a) and (b), below, and that a pry bar pressure sufficient only to lift the weight of the wheel assembly is required. If the inspector uses the leverage of a pry bar to exert excessive pressure, he can easily force an apparent ball joint movement and get a false reading. This may result in expensive replacement of perfectly good joints. Therefore, only a 12- to 18-inch pry bar should be used.</text> </paragraph> <paragraph num="(2)"> <text>Ball Joint (wear-indicating). Some manufacturers provide a wear-indicating ball joint to facilitate inspection in which case a visual inspection is made with joints loaded.</text> </paragraph> <paragraph num="(3)"> <text>Ball Joints (nonload carrying). Inspection of nonload carrying ball joints shall also be performed with the joints unloaded. With the vehicle properly jacked, inspect for any noticeable looseness.</text> </paragraph> <paragraph num="(4)"> <text>King Pin or Spindle Bolts. Inspection of king pins or spindle bolts shall be made to determine whether there are any missing, broken, or worn parts that may affect the steering or suspension of the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.</text> </paragraph> <paragraph num="(6)"> <text>Springs and Torsion Bars.</text> </paragraph> <paragraph num="(7)"> <text>Air Suspension. Some school buses, commercial buses, trucks, and truck tractors may be equipped with air suspension systems. Inspection of the system consists of checking for air leaks, proper height and ride level. CAUTION: The inspector should not use a creeper under the vehicle unless the vehicle is properly jacked and supported.</text> </paragraph> <paragraph num="(8)"> <text>Air Suspension. Retractable Axle (not applicable to school vehicles). Some large vehicles may be equipped with retractable axles. If the axle is the type having independent suspension, the toe shall be checked the same as for the front suspension systems (see Figure 5).</text> </paragraph> <paragraph num="(9)"> <text>Shock Absorbers (if equipped).</text> </paragraph> <paragraph num="(10)"> <text>Lift Axle Air Pressure System. The lift axle shall have a certified air pressure to ensure the minimum load of 12,000 pounds for an evenly loaded vehicle with a gross vehicle weight of 70,000 pounds.</text> </paragraph> <aftertext>Figure 13—BALL JOINT JACKING PROCEDURE.</aftertext> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Brakes."> <paragraph num="A."> <text>Brake Inspection—Heavy Vehicles. Certain items of special interest shall be considered by the inspector when evaluating the braking on large, heavily loaded vehicles.</text> </paragraph> <paragraph num="B."> <text>Safety. The vehicle or combination of vehicles may weigh many tons and too much stress cannot be put upon the safety of the inspector and others when testing the stopping ability of the vehicles. These tests shall be conducted with extreme care in order to prevent possible skidding, jackknifing, load shifting, and overturning. In particular, extreme care shall be used in testing liquid cargo-carrying vehicles under partially loaded conditions because of the sudden surging of the cargo.</text> </paragraph> <paragraph num="C."> <text>Practicality.</text> <paragraph num="(1)"> <text>A thorough brake inspection includes the inspection of the inside of the brake assembly. The removal of wheel hubs and drums from large commercial vehicles is difficult because of size and weight problems and extreme care shall be taken to assure they are properly returned to the axle.</text> </paragraph> <paragraph num="(2)"> <text>A thorough examination of the hydraulic, vacuum, or air systems will normally give a fair idea of general condition of the braking system, especially when augmented by a practical performance demonstration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Service Brake Performance Tests.</text> <paragraph num="(1)"> <text>Road. Simple tests and visual procedures. Service brake tests shall be conducted on a substantially level, dry, hard, smooth surface road or area that is free from loose material, oil, or grease. Using the service brake only, the stopping ability of the vehicle shall be tested by one of the following methods:</text> </paragraph> <paragraph num="(2)"> <text>Platform Test. Before attempting inspection by this method, the inspector should be trained and experienced in the use of the equipment and the equipment must have adequate capacity.</text> </paragraph> <paragraph num="(3)"> <text>Dynamic Brake Inspection. This test is for stations equipped with a roller-type brake dynamometer. The rollers should be dry, smooth and free of oil or grease. The equipment indicates both braking effort and imbalance. Brakes on front and rear axles are evaluated separately.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Hydraulic System.</text> <paragraph num="(1)"> <text>Tests and visual inspection procedures. Recommended for inspection programs which must accommodate a large volume of vehicles. Results will indicate whether a vehicle has reasonably safe brakes at the time of inspection. The engine shall be running when vehicles are checked with power assisted hydraulic systems. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped.</text> </paragraph> <paragraph num="(2)"> <text>At least one wheel and drum assembly shall be removed from each axle equipped with brakes. On disc brakes only wheel assembly removal is necessary. Any wheel or drum assembly removal shall be on alternate sides. Always inspect a brake assembly which shows evidence of leaking fluid or grease. Do not remove hydraulic wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Drums and Discs.</text> <paragraph num="(1)"> <text>Some vehicles have a combination of disc (caliper) type brakes on the front wheels and drum-type brakes on the rear wheels.</text> </paragraph> <paragraph num="(2)"> <text>On vehicles equipped with disc brakes, some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with both hands.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Brake Linings and Pads.</text> </paragraph> <paragraph num="H."> <text>Mechanical Linkage. Includes the parking brake and manual brake controls on vehicles equipped for physically handicapped persons.</text> </paragraph> <paragraph num="I."> <text>Vacuum System.</text> </paragraph> <paragraph num="J."> <text>Air System—Function: Compressor—Low Indicator—Governor.</text> </paragraph> <paragraph num="K."> <text>Air Leakage and Reserve. It may be desirable to install in the system an air gauge (0—150 psi) which has 5 or 10 psi increments, so that small changes in pressure can be more easily observed.</text> </paragraph> <paragraph num="L."> <text>Air Brakes—Parking and Emergency Systems. Commercial buses and some trucks may be equipped with hand-operated controls for parking and emergency air brake systems.</text> </paragraph> <paragraph num="M."> <text>Actuator Reserve.</text> </paragraph> <paragraph num="N."> <text>Emergency Brakes. To avoid confusion between emergency and parking brake systems, refer to definitions (see §T). On vehicles equipped with spring-type emergency brake systems, manual operation of the control valve will also provide an effective parking brake system.</text> </paragraph> <paragraph num="O."> <text>Parking Brakes. An emergency brake can also serve as a parking brake but a parking brake is not adequate to serve as an emergency brake. Most large vehicles with hydraulic brake systems and some large vehicles with air brake systems will have a parking brake located on the propeller (drive) shaft. This type of parking brake is usually open and easily inspected.</text> </paragraph> <paragraph num="P."> <text>Brake Performance Chart. As of July 1, 1972, all vehicles subject to the regulations of the Bureau of Motor Carrier Safety are subject to the stopping requirements in this Brake Performance Chart except the column pertaining to Emergency Brake System, which are effective on vehicles manufactured after July 1, 1973.</text> <paragraph num="(1)"> <text>This deceleration as measured in brake tests cannot be used to compute the values in Column 4 because it is not sustained at the same rate over the entire period of the stop. The deceleration increases from zero to a maximum during a period of brake system application and brake force build-up. Also, other factors may cause the deceleration to decrease after reaching a maximum. The added distance which results because of a maximum deceleration is not sustained is included in the figures in Column 4 but is not indicated by usual brake testing devices for checking deceleration.</text> </paragraph> <paragraph num="(2)"> <text>There is a definite mathematical relationship between the figures in Columns 2 and 3. If the decelerations set forth in Column 3 are divided by 32.2 feet per second per second, the Column 2 figures will be obtained (for example, 17 divided by 32.2 gives 52.8 percent). Column 2 is included in the tabulation because certain brake testing devices utilize this factor.</text> </paragraph> <paragraph num="(3)"> <text>The decelerations as in Column 3 are an indication of the effectiveness of the basic brakes, and as measured in practical brake testing are the maximum braking decelerations attained at sometime during the stop.</text> </paragraph> <paragraph num="(4)"> <text>The distances in Column 4 and the decelerations in Column 3 are not directly related. Brake system “application and braking distance in feet” (Column 4) is a definite measure of the overall effectiveness of the braking system, being the distance traveled between the point at which the driver starts to move the braking controls and the point at which the vehicle comes to rest. It includes distance traveled while the brakes are being applied and the distance traveled while the brakes are retarding the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>The distance traveled during the period of brake system application and brake force buildup varies with vehicle type, being negligible for many passenger cars and greatest for combinations of commercial vehicles. This fact accounts for the variation from 20 to 40 feet in the numerical values in Column 4 for the various classes of vehicles.</text> </paragraph> <paragraph num="(6)"> <text>The deceleration requirement in Column 3 is the same for all classifications of vehicles except for passenger vehicles, not including buses, because brakes on vehicles in the second, third and fourth classifications are all capable with reasonable maintenance of producing the designated deceleration as measured by brake testing devices. A higher deceleration requirement is warranted for passenger cars in view of United States Department of Transportation/Federal Highway Administration test data.</text> </paragraph> </paragraph> <paragraph num="Q."> <text>Decelerometers.</text> <paragraph num="(1)"> <text>The method of brake system application and braking distance is not to be confused with the distance indicated by the inertia-type decelerometer and other existing brake testers, which often are purported wrongly to measure the vehicle stopping distance.</text> </paragraph> <paragraph num="(2)"> <text>The pendulum and U-tube decelerometers used for brake testing are instruments scaled to read deceleration or equivalent braking force (sometimes referred to as brake efficiency) in percentages. The principle of the pendulum-type decelerometer is that a pendulum on a vehicle moving at a uniform speed will assume a vertical position. When the vehicle speed is reduced by application of the brakes, the pendulum will swing forward to an angle away from the vertical. The tangent of the angle through which the pendulum moves is directly proportional to the deceleration. Basically, the U-tube fluid-type instrument is a closed glass tube formed in the shape of a U. When vehicle speed is reduced by braking, the inertia of the fluid causes the level in the glass tube to fall. The distance the level of the liquid falls is proportional to the deceleration in feet per second per second, which is read from a scale on the front part of the glass tube.</text> </paragraph> <paragraph num="(3)"> <text>The vehicle will normally pitch because the lines of action of the inertia and braking forces are different. In order to minimize erroneous responses, the decelerometer, if used, should be put as close to the center of the vehicle as practical.</text> </paragraph> </paragraph> <paragraph num="R."> <text>Brake Testing Machines.</text> <paragraph num="(1)"> <text>These types of brake testers measure braking force at each wheel. The effectiveness of the brake testers that measure braking force in the testing of vehicles other than passenger vehicles or light trucks is very questionable.</text> </paragraph> <paragraph num="(2)"> <text>The dimensions of these brake testers do not permit practical and reliable testing on combination vehicles. Use should therefore be restricted to two-axle vehicles. The simulated road surface of surface of these machines will occasionally exhibit much higher coefficients of friction than is possible on the highway. Excessive braking should therefore be avoided, be avoided, because braking distribution information is distorted.</text> </paragraph> <paragraph num="(3)"> <text>For drive-on-and-stop test machines, the vehicle is driven on the pads at speeds of 4 to 8 mph. When the brakes are applied at the time the vehicle is moving on the pads, the braking effort at each wheel causes a proportionate movement of the pad against the measuring system. The braking force on the pads is measured by indicating or recording instruments.</text> </paragraph> <paragraph num="(4)"> <text>The roller-type brake testing machine has powered rollers that turn the individual wheels while the brakes are applied in order to measure the brake force developed.</text> </paragraph> </paragraph> <paragraph num="S."> <text>Test Wheel Equipment. Any type of fifth or test wheel equipment can be used, if it obtains the following results:</text> <paragraph num="(1)"> <text>It measures the distance within plus or minus 3 percent of the values obtained by the “hot-shot” method, which uses an electrically fired gun.</text> </paragraph> <paragraph num="(2)"> <text>The road speed of the test wheel is measured with a speedometer designed to hold the indicating hand at the speed from which the stop is initiated. The speedometer shall indicate the speed to within plus or minus 2 percent of the speed timed with a stopwatch over a measured mile.</text> </paragraph> </paragraph> <paragraph num="T."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Brake system” means a combination of one or more brakes and their related means of operation and control.</text> </paragraph> <paragraph num="(2)"> <text>“Deceleration” means the rate of reduction of the speed of the vehicle, expressed in feet per second per second.</text> </paragraph> <paragraph num="(3)"> <text>“Equivalent braking ratio” means the percentage ratio of the sum of retarding forces developed by each braked wheel to the “as tested” gross weight of the vehicle or combination.</text> </paragraph> <paragraph num="(4)"> <text>“Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system (this function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system).</text> </paragraph> <paragraph num="(5)"> <text>“Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position (a positive mechanical means is employed to hold the brake applied when the vehicle is unattended).</text> </paragraph> <paragraph num="(6)"> <text>“Pedal reserve” as applied to hydraulic, mechanical, or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position (the purpose of the pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition).</text> </paragraph> <paragraph num="(7)"> <text>“Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.</text> </paragraph> <paragraph num="(8)"> <text>“Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Wheels and Tires."> <paragraph num="A."> <text>Tire Inspection. Reference is made to Figures 17 and 18 for visual aid in determining tire wear. A radial ply tire may not be used with a nonradial-type tire on the same axle. All tires on the steering axle shall be the same size and type of construction. All tires shall be the same size on the same axle.</text> </paragraph> <paragraph num="B."> <text>Wheel Inspection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Fuel System."> <paragraph num="A."> <text>The fuel system includes the fuel tank, fuel pump, and necessary piping to carry the fuel from the tank to the carburetor or to the injection system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Exhaust System."> <paragraph num="A."> <text>The exhaust system includes the exhaust manifold, and all piping leading to and including the muffler, catalytic converter, resonator, and the tail piping.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Emission Control System on School Vehicles."> <paragraph num="A."> <text>This regulation represents the current recommendations of the Vehicle Emissions Inspection Panel of the Motor Vehicle Manufacturers Association, Inc., regarding engine maintenance inspection required to minimize vehicle emissions. This section is advisory and is primarily related to 1968 and later models.</text> </paragraph> <paragraph num="B."> <text>The inspection of emission control systems applies only to spark ignition engines, not to diesels.</text> </paragraph> <paragraph num="C."> <text>This regulation is applicable to school vehicles only.</text> </paragraph> <paragraph num="D."> <text>Crankcase Ventilation. The ventilation system of the crankcase is common to engines using either an “air injection” system of control or an “engine modification” system. The engine should be warm and running at idle before inspection of vent system.</text> </paragraph> <paragraph num="E."> <text>Air Injection Type—Idle Speed and Timing. An air injection-type exhaust emission control system can be identified by an air pump and a distribution system to the exhaust ports. The air pump is normally driven by a belt off the crankshaft or water pump pulleys. Only the plumbing, idle speed and ignition timing need be inspected. Reference is made to the Idle Setting Limits Table I.</text> </paragraph> <paragraph num="F."> <text>Engine Modification Type—Idle Speed and Timing. An “engine modification” control system may be most easily identified as one without an air pump. The emissions are primarily controlled by engine design. The items to be inspected are vacuum, idle speed, ignition timing, and idle air-fuel mixture by measuring the carbon monoxide (CO) content of the exhaust. Refer to Table II, Idle Setting Limits.</text> </paragraph> <paragraph num="G."> <text>Engine Modification-Type Fuel Mixture (Carbon Monoxide). The carbon monoxide (CO) concentration in the exhaust of most vehicles may not be more than 3 percent. Be sure that the testing is done by an experienced operator and that the exhaust analyzer is properly calibrated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Bumpers and Rear Metal Frame."> <paragraph num="A."> <text>Bumpers shall be inspected for broken or missing parts, abnormal protrusions, sharp edges, or conditions that could be hazardous to persons. The bumpers shall be securely mounted to the vehicle and be capable of absorbing a reasonable degree of impact. Every truck with a GVWR over 10,000 pounds, except truck tractors and vehicles engaged in drive-away/tow-away operations, which is so constructed that the body or the chassis assembly, if without a body, has a clearance at the rear end of more than 30 inches from the ground when empty, shall be equipped with a permanent rear bumper or metal frame attached to the underside of the rear of the truck. The bumper or frame may not be any wider than the width of the truck, and may not be more than 30 inches above the highway when moving and shall be constructed of heavy gauge steel. The maximum transverse distance from the widest part of the vehicle at the rear to the bumper or metal frame may not exceed 18 inches. The frame shall be constructed so as not to interfere with lights or other warning devices. Any truck so constructed and maintained that the body, chassis, or other parts thereof afford the protection required by this section shall be deemed in compliance with this section. The provisions of this section do not apply to vehicles where the installation of the required bumper or metal frame would prevent operation of the vehicle to secure its designated purpose.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Rear Wheel Protector Flaps."> <text>A person may not operate, cause or permit to be operated any bus or truck on the highways of this State unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray. This regulation does not apply to any farm tractor or any vehicle registered as a farm truck or to uncoupled truck tractors or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.</text> <text>Procedures Reject Vehicle If: A. The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle, provided, however, that no protector or flap need becloser to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected. A. Measurement A is longer than 1/3 the length of Measurement B and the vehicle is not equipped with flaps (see Figures 20 and 21).B. Protector or flap does not extend laterally at least the width of tire or tires.C. Protectors or flaps not securely attached to the vehicle. B. If any truck or bus is so designed or constructed that the objectives of this regulation are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this regulation have been satisfied.</text> <text>Figure 20—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.</text> <text>Figure 21—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Fenders."> <text>Fender inspection shall include condition, mounting, and coverage of wheels and tires. If the body of the vehicle does not provide coverage, the vehicle shall then be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle.</text> <text>Procedures Reject Vehicle If: A. Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges, sufficient coverage of the wheel and tire both from the body outward and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire and wheel changes provided these extensions: A. (1) Fender has tears, sharp or jagged edges. (2) Fender is not securely fastened to the body. (3) Fender does not extend outward from the body to cover the top of the wheel and tire. (1) Provide required coverage of wheels and tires; (4) The rear of all fenders do not extend downward to the horizontal centerline of the wheel. (2) Are constructed of substantial materials; (3) Are securely attached to fenders the fenders; (5) Fronts of all fenders do not extend forward from the vertical centerline of the wheel to at least within a 45-degree angle of the horizontal centerline. (4) Have all edges rolled to eliminate sharp or jagged edges;; (5) Do not contact tires during different vehicle attitudes; (6) Fender has been extended downward to compensate for suspension modifications. (6) On trucks and truck tractors, applies only to front fenders and rear fenders when equipped. (7) Fender is missing. (8) The vehicle is not equipped with flaps behind the rear wheels when required.</text> <text>Figure 22—FENDERS.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Body and Sheet Metal — Applicable to School Vehicles Only."> <text>Body exterior components and sheet metal parts, if damaged or dislocated so that they project from the vehicle to present a safety hazard to occupants, pedestrians, or other vehicles, may be cause for rejection of the vehicle.</text> <text>Procedures: Reject Vehicle If: A. Protruding Metal: Inspect for torn metal parts, moldings, rub rails, etc., which may protrude from vehicle. A. (1) Body components or sheet metal are subject to rejection if a condition exists which is hazardous to occupants, pedestrians or other vehicles. (2) Torn metal, broken glass, or other loose or dislocated parts protrude from the surface of the vehicle which is hazardous to occupants, pedestrians, or other vehicles.</text> <text>Figure 23—SCHOOL VEHICLE CONSTRUCTION AND SEATING.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Lighting."> <paragraph num="A."> <text>General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized. School vehicles have special marking and lighting to assure their identity. Refer to diagrams of front and rear views (Figures 27 and 29).</text> <paragraph num="(3)"> <text>Preparation for Headlamp Aim Inspection. Preparation for headlamp and aim inspection is to be done by owner of vehicle before inspection. Frame leveling and wheel alignment inspection is done before inspection. Frame leveling and wheel alignment inspection is done at the station. Any one of the items listed below can affect the inspection results and may cause rejection of the vehicle. To prevent this and reduce inspection time, the owner should have the first three items completed before inspection.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Headlamp.</text> <paragraph num="(1)"> <text>High Beam. Vehicle shall be equipped with either the dual headlighting system consisting of four 5 1/4-inch diameter units, two of which shall be No. 1 and two of which shall be No. 2; or four 6 1/2 × 4 1/2 inch rectangular units, two of which shall be No. 1A and two of which shall be No. 2A; four 5.93 × 3.64-inch rectangular-type F units, two of which shall be LF units and two of which shall be UF units; or a single headlighting system consisting of two 7-inch units; or two 8 × 5 inch rectangular units; or an approved bulb and reflector-type system. All units bearing the marking No. 2 shall be inspected and aimed on low beam. All units bearing the marking No. 1 or no number shall be inspected and aimed on high beam. Headlamp inspection and aiming by the photoelectric-optical method, not applicable to school vehicles, requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle. Additional lighting information is contained in §§E, F, and G (limits are in inches at 25 feet). Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5 3/4 inch type 1-1C1, type 2-2C1; 6 1/2 inch by 4 1/2 inch type 1A-1A1, type 2A-2A1; 7 inch type 2-2D1; 8 inch by 5 inch type 2B-2B1; type F 5.93 inch by 3.64 inch—low beam—LF, high beam—UF. Type F units require a special aimer adapter and must be aimed in accordance with the manufacturers' recommended procedures. Bulb and reflector-type headlamps currently approved contain a 9004 Sylvania bulb in a normal reflector unit or an H-4 bulb in a sealed reflector unit. Sealed reflector units contain a glass bubble which encases the bulb when in place which can be detected by removing the bulb and determining if the bubble exists.</text> </paragraph> <paragraph num="(2)"> <text>Low Beam. Inspect the low beam headlamp in the same method as indicated for high beam. Always inspect the following sealed beam units on low beam only: 5 3/4 inch diameter or 6 1/2 × 4 1/4 inch rectangular marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular marked type 2 or 2B.</text> </paragraph> <aftertext>Agency Note: Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5 3/4 inches Type 1—1C1, Type 2—2C1; 6 1/2 inches by 4 1/4 inches Type 1A—1A1, Type 2A—2A1; 7 inches Type 2—2D1; 8 inches by 5 inches Type 2B—2B1</aftertext> </paragraph> <paragraph num="C."> <text>Headlamp—Applicable School Vehicles Only.</text> <paragraph num="(1)"> <text>To compensate for the various conditions of loading encountered during inspection, the frame or body floor shall be made level before checking. This will provide a standard condition for inspecting all vehicles and may be accomplished by using a combination of blocks under the rear wheels or a lifting device (jack) or both for the front end. A spirit level may be laid along the frame side member.</text> </paragraph> <paragraph num="(2)"> <text>Place vehicle in a darkened location of sufficient size for the vehicle and an additional 25 feet from lamps to screen. Level the vehicle frame as described in §C(1). The vehicle shall be located accurately in front of the screen. An approved marked screen and adequate test area are required.</text> </paragraph> <paragraph num="(3)"> <text>Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5 3/4 inch diameter or 6 1/2 × 4 1/4 inch rectangular units marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular units marked type 2 or 2B.</text> </paragraph> <aftertext>Figure 30—AIMING SCREEN BEAM PATTERN-HIGH BEAM.</aftertext> </paragraph> <paragraph num="D."> <text>Fog Lamp and Auxiliary Driving Lamps. If a vehicle is equipped with either fog lamps or auxiliary driving lamps they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which a vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary driving lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles.</text> </paragraph> <paragraph num="E."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Asymmetrical beam” (nonsymmetrical) means a beam in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.</text> </paragraph> <paragraph num="(2)"> <text>“Back-up lamp” means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.</text> </paragraph> <paragraph num="(3)"> <text>“Clearance lamp” means (on trucks and buses 80 inches or more wide) a lamp which shows to the front or rear of a vehicle, mounted on the permanent structure of the vehicle as near as practicable to the upper left and right extreme edges to indicate overall width and height of the vehicle.</text> </paragraph> <paragraph num="(4)"> <text>“Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.</text> </paragraph> <paragraph num="(5)"> <text>“Driving lamp” means the auxiliary lamp or lamps that may be used to supplement the upper beam of the regular headlamps.</text> </paragraph> <paragraph num="(6)"> <text>“Emergency warning lamp” means a lamp which provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon, or pairs of alternately or simultaneously flashing lamps.</text> </paragraph> <paragraph num="(7)"> <text>“Fog lamps” means a lamp which may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.</text> </paragraph> <paragraph num="(8)"> <text>“Hazard warning lamp” means a turn signal lamp which flashes simultaneously to warn of the presence of a vehicular hazard.</text> </paragraph> <paragraph num="(9)"> <text>Headlamps.</text> <paragraph num="(a)"> <text>Five and 3/4 Inch Round Sealed Beam Unit.</text> <paragraph num="(i)"> <text>“Type 1 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by a number 1 on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>“Type 2 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by a 2 on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Seven Inch Round Sealed Beam Unit” means a sealed beam unit 7 inches in diameter providing an upper and lower beam. This unit is identified by a number 2 on the lens and is aimed on the lower beam. If there is no identifying number on lens, it means a sealed beam unit 7 inches in diameter providing an upper and lower beam. It is aimed on the upper beam.</text> </paragraph> <paragraph num="(c)"> <text>“Eight Inch by 5 Inch Rectangular Sealed Beam Unit” means a sealed beam unit providing an upper and lower beam. This unit is identified by a number 2B on the lens and is aimed on the lower beam.</text> </paragraph> <paragraph num="(d)"> <text>Six 1/2 by 4 1/2 Inch Rectangular Sealed Beam Unit.</text> <paragraph num="(i)"> <text>Type 1A—means a sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by a number 1A on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>Type 2A—means a sealed beam unit having two filaments, one filament providing fill-in light for the upper beam. This unit is identified by a number 2A on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>“Bulb and reflector headlamps” means a lamp assembly providing an upper and lower beam light by means of a replaceable bulb. These lamps are aimed on lower beam. They shall be capable of producing at least 5,000 candlepower output on upper beam and 3,500 candlepower output on lower beam, and must be capable of being aimed.</text> </paragraph> <paragraph num="(f)"> <text>5.93 x 3.64 Inch Rectangular Sealed Beam Unit.</text> <paragraph num="(i)"> <text>Type LF—sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens. A special aimer adapter is required for aiming, and aiming must be accomplished in accordance with the manufacturer's recommended procedures.</text> </paragraph> <paragraph num="(ii)"> <text>Type UF—sealed beam unit having a single beam filament and providing only a upper beam distribution of light. The unit is identified by the designation UF on the lens. A special aimer adapter is required for aiming, and aiming (if applicable) must be accomplished in accordance with the manufacturer's recommended procedures.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Headlamp lower beam” means a distribution of light so directed as to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.</text> </paragraph> <paragraph num="(11)"> <text>“Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.</text> </paragraph> <paragraph num="(12)"> <text>“Identification lamps” (on trucks and buses 80 inches or more wide) means lamps used in groups of three, in a horizontal row, which show to the front or rear or both, having lamp centers spaced not less than 6 or more than 12 inches apart, mounted on the permanent structure as near as practicable to the vertical centerline and the top of the vehicle, to identify certain types of vehicles.</text> </paragraph> <paragraph num="(13)"> <text>“Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:</text> <paragraph num="(a)"> <text>Appropriate electrical circuits are in operation;</text> </paragraph> <paragraph num="(b)"> <text>Malfunction of vehicle performance; and</text> </paragraph> <paragraph num="(c)"> <text>Requirement for remedial action by the operator of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Lane changer” means a device, usually incorporated in the turn signal switch which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and de-activate the signal lamp.</text> </paragraph> <paragraph num="(15)"> <text>“License plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.</text> </paragraph> <paragraph num="(16)"> <text>“Operating units or switches” means devices by which the functioning lamps are controlled.</text> </paragraph> <paragraph num="(17)"> <text>“Parking lamp” means lamps used to designate the front of a parked vehicle.</text> </paragraph> <paragraph num="(18)"> <text>“Passing lamp” means an auxiliary lamp or lamps that may be used to supplement the low beam of a standard headlamp system. It is not intended for winding roads or congested city areas.</text> </paragraph> <paragraph num="(19)"> <text>“Reflective devices” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.</text> </paragraph> <paragraph num="(20)"> <text>“SAE Lighting Identification Code” means a series of standardized markings for lighting devices which a manufacturer or a supplier may use to mark his product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.</text> </paragraph> <paragraph num="(21)"> <text>“Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:</text> <paragraph num="(a)"> <text>One or more sealed beam units (bulb assembly);</text> </paragraph> <paragraph num="(b)"> <text>Means for mounting securely to the vehicle;</text> </paragraph> <paragraph num="(c)"> <text>Means to permit required aim adjustment.</text> </paragraph> </paragraph> <paragraph num="(22)"> <text>“Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.</text> </paragraph> <paragraph num="(23)"> <text>“Side marker lamp” means a lamp on the left and right sides, beamed to the side, and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles over 30 feet in length, are also located at the midpoint (intermediate side marker).</text> </paragraph> <paragraph num="(24)"> <text>“Stop lamp” means a lamp giving a steady warning light to the rear of a vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.</text> </paragraph> <paragraph num="(25)"> <text>“Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beam are:</text> <paragraph num="(a)"> <text>Five 3/4 inch diameter type I;</text> </paragraph> <paragraph num="(b)"> <text>Five 3/4 inch diameter type 2 (upper beam filament);</text> </paragraph> <paragraph num="(c)"> <text>Six 1/2 by 4-1/4 inch type 1A;</text> </paragraph> <paragraph num="(d)"> <text>Six 1/2 by 4-1/4 inch type 2A (upper beam filament);</text> </paragraph> <paragraph num="(e)"> <text>Eight by five inch type 2B (upper beam filament);</text> </paragraph> <paragraph num="(f)"> <text>All 7 inch diameter units (upper beam filament).</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Tail lamp” means a lamp used to designate the rear of a vehicle.</text> </paragraph> <paragraph num="(27)"> <text>“Turn signal lamp” means a lamp which provides a flashing warning light to indicate the intended direction of the turn.</text> </paragraph> </paragraph> <paragraph num="F."> <text>SAE Identification Code (J759C SAE Handbook).</text> <paragraph num="(1)"> <text>The following list is an identifying code for lights and signaling devices:</text> </paragraph> <paragraph num="(2)"> <text>All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Headlamp Testing Machines.</text> <paragraph num="(1)"> <text>Headlamp Testing Machine. When a headlamp testing machine is used, it shall give results equivalent to those obtained using a screen. It shall be in good repair and adjustment, and shall be used in accordance with the manufacturer's instructions. A machine using a photoelectric cell or cells to determine aim should also have a visual screen upon which the beam pattern is projected proportionally to its appearance and aim on a screen at 25 feet. The visual screen shall be plainly visible to the operator and have horizontal and vertical reference lines to permit visual appraisal of the lamp beam.</text> </paragraph> <paragraph num="(2)"> <text>Mechanical Aimer (applicable to school vehicles only). When a mechanical aimer is used, it shall be in good repair and adjustment, and shall be used according to the manufacturer's instruction and shall be calibrated to the slope of the floor on which the vehicle stands.</text> </paragraph> <paragraph num="(3)"> <text>Screen (applicable to school vehicles only). When a screen is used, it should be 5 feet high x 12 feet wide with a matte white surface well shaded from extraneous light, and properly adjusted to the floor on which the vehicle stands. Provisions may be made for moving the screen so that it can be aligned parallel with the rear axle so that a horizontal line drawn perpendicularly from the centerline of the screen will pass an equal distance midway between the two headlamps. The screen shall be provided with a fixed vertical centerline, two laterally adjustable vertical tapes, and one vertically adjustable horizontal tape.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Electrical System."> <paragraph num="A."> <text>Electrical System. To save time, the inspector should develop his own plan or sequence for checking miscellaneous electrical items, many of which can be inspected while inspecting other items.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Interior and Emergency Equipment — Applicable to School Vehicles Only."> <paragraph num="A."> <text>Seats, Stanchions, Rails.</text> </paragraph> <paragraph num="B."> <text>Visors and Defroster. Sun visors shall be located in front and above the driver and passenger positions.</text> </paragraph> <paragraph num="C."> <text>Heaters, Step or Stepwell, and Vents.</text> </paragraph> <paragraph num="D."> <text>Fire Extinguisher, First Aid Kit, and Tire Chains. Every school vehicle shall be equipped with a dry chemical fire extinguisher, and first aid kit container mounted in plain view in the driver's compartment, and where applicable, tire chains.</text> </paragraph> <paragraph num="E."> <text>Warning Devices.</text> </paragraph> <paragraph num="F."> <text>Color.</text> </paragraph> <paragraph num="G."> <text>Signs and Lettering.</text> </paragraph> <paragraph num="H."> <text>Retro-Reflective Tape.</text> </paragraph> <paragraph num="I."> <text>Identification. Inspect for presence, size, and condition of required or permitted identification.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Mirrors."> <paragraph num="A."> <text>Outside Mirrors. Every vehicle shall be equipped with an outside rearview mirror on the driver's side providing a view of the highway for a distance of at least 200 feet to the rear. Every school vehicle shall be equipped with at least one convex mirror, not less than 7-1/2 inches in diameter, which shall be firmly mounted on the left front corner forward of the seated driver so that he may observe a reflection of the road from the front bumper to a point where direct observation is possible. One outside rearview mirror on each side of a school vehicle shall be mounted forward of the driver's seat and have an area not less than 50 square inches (minimum 5 inches wide by 10 inches high). Additionally on school vehicles manufactured after December 31, 1972, there shall be on each side of the vehicle a convex mirror of not less than 20 square inches of reflective surface. The convex mirrors may be incorporated in the plain rearview mirror provided the plain view reflective area is not reduced, or they may be mounted independently. Either type shall be independently adjustable.</text> </paragraph> <paragraph num="B."> <text>Inside Mirrors. Every vehicle shall be equipped with an inside rearview mirror except as noted in §B(1) and (2). The inside rearview mirror shall be clear view glass and adjustable, and provide a clear stable reflected view 200 feet to the rear. School vehicles shall be equipped with a mirror 6 inches by 30 inches, metal backed, framed with rounded corners, and firmly mounted as far forward as possible, and provide a clear stable reflected view of the road surface to the rear of the vehicle for a continual distance beginning not more than 200 feet to the rear.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Vehicle Glazing."> <paragraph num="A."> <text>Safety glazing material is marked with the manufacturer's distinctive designation or trademark, model number and the letters “AS” followed by a number from 1 through 16B, which indicates where the glazing may be used on the vehicle. Safety glazing material also has the symbol “DOT” (Department of Transportation) and a manufacturer’s code mark that the NHTSA (National Highway Traffic Safety Administration) assigns to the manufacturer. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="B."> <text>Proper Marking and Operation.</text> </paragraph> <paragraph num="C."> <text>Signs and Materials on Windshield or Windows. Inspect all glazing for unauthorized material or conditions that obscure the driver's vision.</text> </paragraph> <paragraph num="D."> <text>Post Manufacture Window Tinting.</text> </paragraph> <paragraph num="E."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Acute area” means the windshield area 8 inches wide by 5 inches high, located directly in front of the driver, centered vertically on the steering wheel of the vehicle and horizontally in the center of the critical area.</text> </paragraph> <paragraph num="(2)"> <text>“Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.</text> </paragraph> <paragraph num="(3)"> <text>“Critical area” means the normal windshield wiper sweep, except the area obscured by the hood, fenders, or rearview mirror.</text> </paragraph> <paragraph num="(4)"> <text>“Discoloration” means a condition which impairs the transparency of the glazing.</text> </paragraph> <paragraph num="(5)"> <text>“Non-critical area” means all windshield area outside the critical area.</text> </paragraph> <paragraph num="(6)"> <text>“Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger's and driver's sides.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Glazing Damage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Windshield Wipers and Washers."> <paragraph num="A."> <text>The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Hood and Catches."> <paragraph num="A."> <text>Inspection shall consist of operation and presence of catches and safety catches, insuring that the hood covers at least the top part of the engine compartment; and if equipped with an air scoop or bubble, it does not extend higher than 1/3 the vertical height of the windshield.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Doors, Handles, and Latches."> <paragraph num="A."> <text>Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles which are equipped doors.</text> </paragraph> <paragraph num="B."> <text>Doors—Service, Emergency (applicable to school vehicles only). Service doors may be split-type, sedan-type, or jackknife-type with vertical closing edges covered with flexible material.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Floor and Trunk Pans."> <paragraph num="A."> <text>Floor and trunk pans shall be inspected for holes or rusted and weakened conditions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Speedometer and Odometer."> <paragraph num="A."> <text>Speedometer, odometer, or hubometer will be inspected to determine if they are connected and operable, the dial and calibrations are legible, and calibrated in miles or kilometers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Preventive Maintenance — Applicable to School Vehicles Only."> <paragraph num="A."> <text>The vehicle owner shall establish a preventive maintenance program recording inspection, repairs, and maintenance by vehicle number, and include at least annually a complete preventive maintenance inspection, to assure that each vehicle is in compliance with all sections of this handbook pertaining to school vehicles. When the wheels have been removed for inspection or maintenance, and after the wheels have been replaced, the vehicle shall be test-driven to assure there is no brake imbalance before the vehicle is released for pupil transportation. Before September of each year, the Administration shall determine that the annual preventive maintenance inspection on each vehicle has been performed within the previous 12 months, repaired or replaced systems or parts are operating properly, and the condition of the vehicle is in accordance with the established standards. The Administration may require a wheel or wheels to be pulled by the vehicle owners or mechanic, to verify condition and repair of brake and other systems. In the event of a change of vehicle ownership and before the vehicle is authorized to transport school children, the Administration may require a preventive maintenance inspection and accomplishment of any maintenance found necessary.</text> </paragraph> <paragraph num="B."> <text>Preventive Maintenance Inspection.</text> </paragraph> <paragraph num="C."> <text>Regular Inspection. Regular inspections shall be performed twice annually as required.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Load Covers."> <paragraph num="A."> <text>This regulation does not apply to a:</text> <paragraph num="(1)"> <text>Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance travelled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;</text> </paragraph> <paragraph num="(3)"> <text>Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or</text> </paragraph> <paragraph num="(4)"> <text>Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.</text> </paragraph> </paragraph> <paragraph num="B."> <text>This regulation applies to:</text> <paragraph num="(1)"> <text>Any vehicle, not otherwise exempted, manufactured on or before July 1, 1990 and carrying loose material if any part of the loose material is within 6 inches of the top of any bed enclosure it touches;</text> </paragraph> <paragraph num="(2)"> <text>Any vehicle, not otherwise exempted, manufactured after July 1, 1990 regardless of the loading of loose material;</text> </paragraph> <paragraph num="(3)"> <text>After January 1, 1992, any vehicle not otherwise exempted and regardless of loading of loose material.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)</annotation> </annotations> </chapter> <chapter num="05" heading="Safety Standards for Trailers"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirement on trailers (including pole trailers, semitrailers, camping trailers, trailers so designed or manufactured for the purpose of moving modular homes, travel trailers) and any questions regarding these standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing a vehicle shall assure the vehicle meets or exceeds all applicable federal and State safety standards.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Hitches or Coupling Devices."> <text>Inspect hitches, coupling devices, tongues, or drawbars on trailers and semitrailers for proper alignment, distortion, deformation, cracks, or missing parts. On vehicles equipped with a ball-type hitch, pintle hood, or drawbar means of attachment, inspect for presence, attachment, and size of safety chains or cables.</text> <text>Procedures: Reject Vehicle If: A. Inspect hitches, couplers, tongues, or drawbars on trailers and semitrailers for: A. (1) Proper alignment, distortion, deformation, cracks, or missing parts; (1) Hitch, coupler, tongue, or drawbar is improperly aligned, distorted, deformed, has any cracks or missing parts. (2) Presence and strength of safety chains or cables on vehicles equipped for a ball and hitch, pintle hook, or drawbar means of attachment. (2) Safety chains or cables on vehicles equipped for a ball and hitch, pintle hook, or drawbar means of attachment are severely worn, missing, broken, or not of sufficient strength to support the vehicle in the event the primary attachment device becomes uncoupled. B. On trailers or semitrailers to be coupled to a towing vehicle with a fifth wheel, inspect king pin for excessive wear. (3) Wear on king pin exceeds manufacturer's allowable tolerance.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Suspension and Alignment."> <paragraph num="A."> <text>Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, springs, or frame that would affect vehicle stability.</text> <paragraph num="(1)"> <text>Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.</text> </paragraph> <paragraph num="(2)"> <text>Springs.</text> </paragraph> <paragraph num="(3)"> <text>Air Suspension. Some trailers and semitrailers may be equipped with air suspension systems. Inspection of the system consists of checking for air leaks, proper height, and ride level. CAUTION: The inspector should not use a creeper under the vehicle unless the vehicle is properly jacked and supported.</text> </paragraph> <paragraph num="(4)"> <text>Shock Absorbers (if equipped).</text> </paragraph> </paragraph> <paragraph num="B."> <text>Alignment. Inspect axles for broken, damaged, worn, rusted, bent, or modified axle beams, spindles, or mountings that affect wheel alignment, tracking, toe-in, caster, or camber enough to affect vehicle stability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Brakes."> <text>Trailers and semitrailers to be registered up to 3,000 pounds GVWR are not required to be equipped with brakes. However, if such a trailer or semitrailer is equipped with brakes, all brakes shall meet minimum standards. Trailers and semitrailers to be registered from 3,001 pounds GVWR to 10,000 pounds GVWR shall be equipped with brakes on all wheels of at least one axle. Trailers and semitrailers to be registered over 10,000 pounds GVWR shall have brakes on all wheels. At least one wheel and drum shall be removed from each axle equipped with drum brakes. On disc brakes only wheel assembly removal is necessary. On trailers and semitrailers with brakes on more than one axle, wheel assembly removal shall be on alternate sides. Always inspect a brake assembly which shows evidence of leaking fluid or grease.</text> <paragraph num="A."> <text>Drums and Discs.</text> </paragraph> <paragraph num="B."> <text>Brake Linings or Pads.</text> </paragraph> <paragraph num="C."> <text>Mechanical Linkage.</text> </paragraph> <paragraph num="D."> <text>Hydraulic System.</text> </paragraph> <paragraph num="E."> <text>Air Brake Leakage. Before conducting these inspections, it may be desirable to install in the system an air gauge (0—150 psi) which has 5 or 10 psi increments, so that small changes in pressure can be more easily observed. Also, to eliminate the possibility of leakage being in the system of the towing vehicle, conduct air leakage tests on the uncoupled towing vehicle before inspecting the system of the trailer or semitrailer.</text> </paragraph> <paragraph num="F."> <text>Vacuum System.</text> </paragraph> <paragraph num="G."> <text>Actuator Reserve.</text> </paragraph> <paragraph num="H."> <text>Electric Brakes. Electric brakes are generally used on small and occasionally on large commercial trailers and semitrailers.</text> </paragraph> <paragraph num="I."> <text>Emergency Brake. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a registered gross weight in excess of 3,000 pounds, manufactured or assembled after June 1, 1970, shall be equipped with brakes of a character to be applied automatically and promptly and remain applied for at least 15 minutes on breakaway from the towing vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Tires and Wheels."> <paragraph num="A."> <text>Tires.</text> </paragraph> <paragraph num="B."> <text>Wheels.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Rear Metal Frame."> <text>Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with a permanent metal frame attached to the underside of the rear of the vehicle. The frame may not be any wider than the width of the vehicle and may not be more than 30 inches above the highway when moving and shall be constructed of heavy gauge steel. The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches. The frame shall be constructed so as not to interfere with lights or other warning devices. Any trailer or semitrailer so constructed and maintained so that the body, chassis, or other parts thereof afford protection required by this section, shall be deemed to be in compliance. The provisions of this section do not apply to pole trailers or to vehicles where the installation of the required frame would prevent operation of the vehicle to secure its designed use.</text> <text>Procedures: Reject Vehicle If: A. Rear Metal Frame. Inspect frame for proper size, mounting, interference with lights or warning devices, and type of construction. A. (1) Rear protector frame does not conform to requirements. (2) Rear protector frame is missing when required.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Rear Wheel Protector Flaps."> <text>Every trailer or semitrailer when operated upon a highway shall be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray. This section does not apply to pole trailers or other vehicles if the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.</text> <text>Procedures: Reject Vehicle If: A. The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle, provided, however, that no protector or flap need be closer to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected. A. Measurement A is longer than 1/3 the length of Measurement B (Figure 5) and the vehicle is not equipped with flaps or protectors or flaps are not of required length. B. If any trailer or semitrailer is so designed or constructed that the objectives of this section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied. B. Protector or flap does not extend laterally at least the width of the tire or tires being protected.C. Protectors or flaps are not securely attached to the vehicle.</text> <text>Figure 5—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Fenders."> <text>Fender inspection shall include condition, mounting, and coverage of wheels and tires. If the body or fenders of the vehicle do not provide coverage, the vehicle shall then be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle. This section does not apply to pole trailers or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.</text> <text>Procedures: Reject Vehicle If: A. Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges, sufficient coverage of the wheel and tire to the side and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire or wheel changes provided the extensions: (1) Provide required coverage of wheels and tires; (2) Are constructed of substantial materials; (3) Are securely attached to the fenders; (4) Have all edges rolled to eliminate sharp or jagged edges; (5) Do not contact tires during different vehicle attitudes. A. (1) Fender has tears, sharp or jagged edges. (2) Fender is not securely attached to vehicle. (3) Fender does not extend outward enough to cover the top of the wheel band tire. (4) The rear of the rearmost fenders do not extend downward to the horizontal centerline of the wheel. (5) Front of all fenders do not extend forward from the vertical centerline of the wheel to at least a 45-degree angle of the horizontal centerline. (6) Fender is missing. (7) The vehicle is not equipped with flaps behind the rearmost wheels when required.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <text>General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized. (For definitions of lighting terms, refer to COMAR 11.14.04.12E and F.) Pole trailers and modular home trailers may have portable lamp devices which attach to the load when in use to comply with applicable regulations.</text> <text>Procedures: Reject Vehicle If: A. Visual Inspection of Lamp Function. Connect trailer or semitrailer to power source of towing vehicle. Turn on night driving lights of towing vehicle and visually inspect the following: A. (1) A required lamp is missing or fails to function. (2) Turn signals do not properly indicate right or left when so activated. (1) Actuate the turn signal lever of the towing vehicle to right and left; and observe function of turn signal lights of trailer or semitrailer (1962 or newer trailers, semitrailers, and pole trailers shall be so equipped). Turn signals shall emit red or amber light. (3) Any lamp shows color contrary to law (red or blue light to the front; white light to the rear, except license plate lamp). (4) A required lamp, lens, or reflector is obscured by any object or shielded by a nontransparent material. (2) Depress the brake pedal of the towing vehicle and observe the function of the stop lamps of the trailer orsemitrailer (1972 or newer trailers, semitrailers, and poletrailers shall have two red or amber stop lamps, all others one). (5) A lamp or reflector is not mounted to properly direct or reflect light. (6) A lamp assembly or reflector is loose or improperly mounted. (3) Observe function of tail lamps of trailer or semitrailer (Red: two on 1972 or newer vehicles; all others, one). (7) A tail lamp, stop lamp, or turn signal has a cracked or broken lens which emits a white light to the rear. (8) A lamp, lens, or reflector is not an approved type. (4) Observe function of license plate lamp of trailer or semitrailer (White: May be incorporated in tail lamp). (5) 1972 and newer model trailers and semitrailers shall be equipped with two red reflectors on the rear. All others, one. (Reflectors may be incorporated in tail lamps.) In addition, every trailer or semitrailer 80 inches or more in overall width shall be, and all other trailers or semitrailers may be, equipped as required in §A(6),(7), (8), and (9). (6) Side marker lamps: One amber, front, and one red, rear, on each side. Vehicles over 30 feet in overall length, one amber, centrally located with respect to length of the vehicle. (7) Reflectors: One amber, front, and one red, rear, on each side. Vehicles over 30 feet in overall length, one amber, centrally located with respect to the length of the vehicle. (Reflectors may be incorporated in side marker lamps.) (8) Clearance Lamps: Two amber, front, and two red, rear, to indicate the overall width of the vehicle. One on each side of the vertical centerline of the vehicle at the same height and as near the top of the vehicle as possible. If the vehicle is equipped with three red identification lamps on the top rear, the rear clearance lamps may be mounted at the top or bottom of the vehicle. (9) Identification Lamps: (Required on 1972 or newer trailers and semitrailers). Three red, rear, grouped in a horizontal row with lamp centers spaced not less than 6 inches or more than 12 inches apart and mounted on a permanent structure of the vehicle as close as possible to the vertical centerline of the vehicle. Pole trailers may be equipped with three red identification lamps visible to the rear, mounted on the rear of the cab of the towing vehicle, the bolster, or on the rear of the load provided they are visible. (10) Modular home trailers may be equipped with a bar light assembly provided it is bolted securely to the rear frame of the trailer.</text> <text>Figures 6—COMMERCIAL SEMI TRAILER LIGHTING REQUIREMENTS.</text> <text>Figures 7—SMALL TRAILER LIGHTING REQUIREMENTS.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Electrical System."> <text>To save time, the inspector should develop his own plan or sequence for inspecting miscellaneous electrical items, many of which can be inspected while inspecting other items.</text> <text>Procedures: Reject Vehicle If: A. Inspect Electrical System: (1) Wiring shall be well insulated. A. (1) Wiring: (a) Insulation is bare, cracked, or broken. (b) Shows evidence of burning or short-circuiting. (2) Connections shall be tight and secure. (2) Connections are loose or show signs of excessive corrosion.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Load Covers."> <paragraph num="A."> <text>This regulation does not apply to a:</text> <paragraph num="(1)"> <text>Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, provided no part of the load is within 6 inches of the top of any of the enclosures the load touches;</text> </paragraph> <paragraph num="(2)"> <text>Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;</text> </paragraph> <paragraph num="(3)"> <text>Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or</text> </paragraph> <paragraph num="(4)"> <text>Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A vehicle carrying loose material which is within 6 inches of the top of any of the enclosures the loose material touches, shall have the loose material covered by a firmly attached canvas or similar type covering.</text> </paragraph> <paragraph num="C."> <text>The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 Safety Standards for Trailers adopted effective</annotation> <annotation type="History" subtype="Administrative History">October 31, 1988 (15:22 Md. R. 2557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)</annotation> </annotations> </chapter> <chapter num="06" heading="Emissions Equipment Standards"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by a vehicle manufacturer or required by federal or State requirements on all vehicles designated as a 1968 or newer model year. Each vehicle has an emissions label in the engine compartment which indicates the emissions equipment originally installed on the vehicle. If the label is not present, refer to an emissions control application guide.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Catalytic Converter."> <paragraph num="A."> <text>Most 1975 and newer passenger cars and 1975 through 1978 light-duty trucks with a manufacturer's GVW of 6,000 pounds or less were originally equipped with a catalytic converter. Some passenger cars were not originally equipped with a converter until later model years, and 1979 and newer light-duty trucks with a manufacturer's GVW of 8,501 pounds or more may not have been originally equipped with a catalytic converter.</text> </paragraph> <paragraph num="B."> <text>U.S. Environmental Protection Agency Program for Converter Replacement.</text> <paragraph num="(1)"> <text>If a vehicle is less than 5 model years old and has been driven less than 50,000 miles, any catalytic converter shall be replaced with OEM equipment.</text> </paragraph> <paragraph num="(2)"> <text>If a vehicle is more than 5 model years old or has been driven more than 50,000 miles, an EPA-approved new after market catalytic converter designed for the vehicle may be installed on the vehicle. An approved, reconditioned (used) catalytic converter may be installed provided the catalytic converter is an original type for the vehicle and has been certified by an EPA-approved testing facility.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fuel Filler Inlet Restrictor (INRES)."> <paragraph num="A."> <text>Vehicles originally equipped with a catalytic converter were also equipped with a fuel filler inlet restrictor to prevent the entry of a leaded fuel pump nozzle.</text> </paragraph> <paragraph num="B."> <text>Some later model light-duty trucks were not equipped with a catalytic converter but were equipped with a fuel filler inlet restrictor. The fuel filler inlet restrictor is required on these vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Positive Crankcase Ventilation System (PCV)."> <paragraph num="A."> <text>All 1968 and newer passenger cars and 1968 through 1978 light-duty trucks with a manufacturer's GVW of 6,000 pounds or less, and 1979 and newer light-duty trucks with a manufacturer's GVW of 8,500 pounds or less are equipped with a crankcase ventilation system.</text> </paragraph> <paragraph num="B."> <text>Early model vehicles may be equipped with an open crankcase ventilation system where air is drawn in through the oil filler tube. Later model vehicles are equipped with a closed crankcase ventilation system where air is drawn in through the carburetor air cleaner. On this type system, the oil filler cap is sealed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Air Injection System (AIS)."> <paragraph num="A."> <text>Many 1968 and newer model vehicles are equipped with an air injection system which supplies air to the exhaust ports to extend the combustion process in the exhaust system. The system may be equipped with an external air pump. The pulse, aspirator, suction, or reed injection systems are not equipped with an air pump. Newer model vehicles may be equipped with an air pump which supplies air directly to the catalytic converter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Exhaust Gas Recirculation System (EGR)."> <paragraph num="A."> <text>Most 1973 and later model vehicles are equipped with an exhaust gas recirculation system to recirculate proper amounts of exhaust gases into the air/fuel mixture in the intake manifold. This recirculation into the manifold reduces combustion temperatures, thus reducing oxides of nitrogen (NOx). There are several types of EGR systems: a back pressure system which operates in conjunction with exhaust back pressure, a conventional system which operates on carburetor venturi vacuum, an electronically controlled system which operates from the engine computerized emissions control system, or a floor jet system which operates through jets in the floor of the intake manifold.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Evaporative Emissions System (EVP)."> <paragraph num="A."> <text>Most 1971 and newer vehicles and some older models are equipped with an evaporative emissions system to collect and store gasoline vapors and gasoline from the carburetor and fuel system during engine operation or shut down. The vapors are collected and stored in a canister containing a charcoal filter and gasoline is returned to the fuel tank. The vapors are purged from the canister and drawn into the engine when the engine is started. A pressure vacuum gas cap is essential to the proper operation of this system.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 1, 1991 (18:6 Md. R. 686)</annotation> </annotations> </chapter> <chapter num="07" heading="Noise Abatement Program"> <regulation prefix="Regulation" num=".01" heading="Promulgation of Regulations for Maximum Sound Level Limits."> <paragraph num="A."> <text>The Transportation Article, §22-601, Annotated Code of Maryland, authorizes the Administrator, by regulation, to adopt maximum sound level limits for motor vehicles operated on the highways of the State.</text> </paragraph> <paragraph num="B."> <text>The Transportation Article, §22-603, Annotated Code of Maryland, authorizes the Administrator and the Maryland State Police to jointly promulgate regulations for the administration and enforcement of the maximum sound level limits for motor vehicles operated on the public highways of the State.</text> </paragraph> <paragraph num="C."> <text>The Transportation Article, §22-604, Annotated Code of Maryland, authorizes the Administrator to adopt regulations establishing maximum sound level limits for new motor vehicles sold, offered for sale, distributed, or leased in the State.</text> </paragraph> <paragraph num="D."> <text>The Transportation Article, §22-607, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for the administration and enforcement of the limits established under Transportation Article, §22-605, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>The Transportation Article, §22-608, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for the certification of new vehicles to be sold, offered for sale, distributed, or leased in the State.</text> </paragraph> <paragraph num="F."> <text>The Transportation Article, §22-610, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for certification of exhaust mufflers, intake mufflers, and other noise abatement devices sold in this State.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“dB(A)” means the accepted abbreviation for A-weighted sound level in decibels.</text> </paragraph> <paragraph num="(2)"> <text>“GCWR” means gross combination weight rating.</text> </paragraph> <paragraph num="(3)"> <text>“GVWR” means gross vehicle weight rating.</text> </paragraph> <paragraph num="(4)"> <text>“Ground cover” means any various low, dense growing plants, such as ivy, myrtle, low weeds, or brush.</text> </paragraph> <paragraph num="(5)"> <text>“Hard test site” means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than 1/2 the distance between the microphone target point and the microphone location point.</text> </paragraph> <paragraph num="(6)"> <text>Highway.</text> <paragraph num="(a)"> <text>“Highway” has the meaning stated in Transportation Article, §11-127, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Highway” includes any road owned by or under the control of the State or any of its political subdivisions that is open to vehicular traffic and used by the public in general.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“ISO” means the International Organization for Standardization.</text> </paragraph> <paragraph num="(8)"> <text>“Lmax” means maximum sound level measurement.</text> </paragraph> <paragraph num="(9)"> <text>“SAE” means Society of Automotive Engineers, Inc., or its successor bodies.</text> </paragraph> <paragraph num="(10)"> <text>“Soft test site” means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for 1/2 or more of the distance between the microphone target and the microphone location point.</text> </paragraph> <paragraph num="(11)"> <text>“Sound level” means the A-weighted sound level obtained by the use of fast meter response and A-weighting characteristic specified in American National Standard S1.4—1971 “Specification for Sound Level Meters.”</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicability."> <paragraph num="A."> <text>Noise Measurement. Regulations .04 through .12 apply to the measurement of noise of any:</text> <paragraph num="(1)"> <text>Motor vehicle while in motion;</text> </paragraph> <paragraph num="(2)"> <text>Stationary motor vehicle equipped with an engine governor; and</text> </paragraph> <paragraph num="(3)"> <text>Stationary motor vehicle without an engine governor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Noise Exemptions. These regulations do not apply to:</text> <paragraph num="(1)"> <text>The sound generated by a horn or other warning device when operated under the provisions of the Transportation Article, §22-401, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The sound generated by an emergency motor vehicle when operating under the provisions of the Transportation Article, §22-106, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>The sound generated by transit and school buses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Noise Limits for Vehicles."> <text>A person may not operate or permit to be driven on a highway of this State any motor vehicle or combination of vehicles at any time or at any speed, under any conditions of grade, load, acceleration, or deceleration in a manner which would exceed the sound level limits specified in Table 1, 2, or 3 for the category of vehicle. Measurements shall be made in accordance with the procedures and measuring device specifications adopted by the Administrator. Sound level limits are based on the use of the A-weighting network and fast Lmax meter response.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Standard Measurement Site for Highway Operation of all Vehicles over 10,000 Pounds GVWR and GCWR."> <paragraph num="A."> <text>Moving Vehicle Measurement Procedures.</text> <paragraph num="(1)"> <text>Measurement shall be made at a measurement site which is adjacent to, and includes, a portion of a traveled lane of a public highway. A microphone target point shall be established on the centerline of the traveled lane of the highway and a microphone location point shall be established on the ground surface 50 feet (15.2m) from the microphone target point. Within the site is a triangular measurement area. A plan view diagram of a standard site, having an open site within a 50 foot radius (15.2m) of both the microphone target point and the microphone location point, is shown in Figure 1.</text> </paragraph> <paragraph num="(2)"> <text>The sound level generated by the motor vehicle is the highest reading observed on the sound level measurement system as the vehicle passes through the measurement site. The sound level of the vehicle being measured shall be observed to rise at least 6 dB(A) before the maximum sound level occurs and to fall at least 6 dB(A) after the maximum sound level occurs.</text> </paragraph> <paragraph num="(3)"> <text>Standard Measurement Site Highway Operations.</text> </paragraph> <aftertext>Figure 1.</aftertext> </paragraph> <paragraph num="B."> <text>Stationary Vehicle Measurement Procedures for Vehicles Over 10,000 Pounds GVWR and GCWR.</text> <paragraph num="(1)"> <text>The motor vehicle to be tested shall be parked on a flat open area free of acoustically reflective surfaces (except those of the vehicle under test) that are within 15 feet of the microphone measuring position. See Figure 2 for microphone orientation. Before starting the sound level measurement, the vehicle engine should be at normal operating temperature.</text> </paragraph> <paragraph num="(2)"> <text>The microphone shall be located at a height equal to that of the exhaust discharge opening (but not less than 1 foot from the ground) and shall be positioned 3 feet from the exhaust opening with the microphone in a vertical or a grazing position and as far as possible from any acoustically reflective surfaces associated with the vehicle being tested, the inspecting officer, or the associated testing equipment. See Figure 2.</text> </paragraph> <paragraph num="(3)"> <text>All auxiliary equipment such as cranes, asphalt spreaders, liquid or slurry pumps, auxiliary air compressors, welders or trash compactors, which are installed on the motor vehicle and which are designed to operate under normal conditions when the vehicle is operating at a speed of 5 miles per hour (8 kph) or less, shall be turned off.</text> </paragraph> <paragraph num="(4)"> <text>If the motor vehicle engine radiator fan drive is equipped with a clutch or similar device that automatically reduces the rotational speed of the fan or completely disengages the fan from its power source in response to reduced engine cooling loads, park the vehicle before testing with the engine running at high idle or any other speed the operator may choose, for sufficient time but not more than 10 minutes, to permit the radiator fan to automatically disengage.</text> </paragraph> <paragraph num="(5)"> <text>Stationary measurements require that the microphone be located 3 feet from the vehicle exhaust opening, as shown in Figure 2. There shall be no acoustically reflective objects closer than 15 feet to the microphone measuring position except those of the vehicle under test, the inspecting officer, and the associated testing equipment.</text> </paragraph> <paragraph num="(6)"> <text>Standard Measurement Site Stationary Operations.</text> </paragraph> <paragraph num="(7)"> <text>A motor vehicle with a manual transmission shall be in neutral and the clutch engaged. A motor vehicle with an automatic transmissions shall be in park or in neutral.</text> </paragraph> <paragraph num="(8)"> <text>With the compression brake engaged (if the vehicle is so equipped) and the engine at idle, the sound level measurement shall be started. Then, the throttle shall be rapidly depressed to wide open and returned to idle speed. This procedure is repeated for a total of 3 engine run-ups during the measurement period. For vehicles without an engine speed governor, the engine shall be accelerated to approximately one-half throttle.</text> </paragraph> <paragraph num="(9)"> <text>If the motor vehicle is equipped with dual exhausts, these procedures shall be applied to both sides of the motor vehicle.</text> </paragraph> <paragraph num="(10)"> <text>If all 3 engine run-up maximum sound level measurements exceed the maximum permitted level specified in Table 3 for the category of the vehicle under test, a noise violation exists. This test procedure may be repeated if deemed necessary by the inspecting officer.</text> </paragraph> <aftertext>Figure 2.</aftertext> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Measurement Site Stationary Operation — Other Vehicles."> <paragraph num="A."> <text>10,000 Pounds or Less GCWF or GCWR. The same procedures as described in Regulation .05B of this chapter are used.</text> </paragraph> <paragraph num="B."> <text>Motorcycle. The same procedures as described in Regulation .05B of this chapter are used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Non-Standard Site Highway Operation for All Vehicles over 10,000 Pounds GVWR or GCWR."> <paragraph num="A."> <text>If the distance between the microphone location point and the microphone target point is a distance other than 50 feet (15.2m), this same distance will be used for the radius of the microphone location point and the microphone target point. The measurement site will be the area within both radii. See Figure 3.</text> </paragraph> <paragraph num="B."> <text>Non-Standard Measurement Site Highway Operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Site Requirements: Highway Operation for All Vehicles over 10,000 Pounds GVWR or GCWR."> <paragraph num="A."> <text>Measurement Site.</text> <paragraph num="(1)"> <text>The measurement site shall be an open site, essentially free of large sound reflecting objects and not closer than 200 feet between the microphone target point and a tunnel or underpass.</text> </paragraph> <paragraph num="(2)"> <text>The following objects may be within the site including the triangular measurement area:</text> <paragraph num="(a)"> <text>Small cylindrical objects such as fire hydrants or telephone or utility poles;</text> </paragraph> <paragraph num="(b)"> <text>Rural mailboxes;</text> </paragraph> <paragraph num="(c)"> <text>Traffic railing of any type of construction except solid concrete barriers; and</text> </paragraph> <paragraph num="(d)"> <text>One or more curbs or surfaces having a vertical height of 1 foot (.3m) or less.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The following objects may be within the measurement site if they are outside of the triangular measurement area of the site:</text> <paragraph num="(a)"> <text>Any vertical surface (such as billboards), regardless of size, having a lower edge more than 15 feet (4.6m) higher than the surface of the traveled lane of the highway.</text> </paragraph> <paragraph num="(b)"> <text>Any uniformly smooth sloping surfaces slanting away from the vehicle (such as a rise in grade alongside the highway) with a slope that is less than 45 degrees above the horizontal. See Figure 4.</text> </paragraph> <paragraph num="(c)"> <text>Any surface slanting away from the vehicle that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6m) above the surface of the traveled lane of the highway. See Figure 5.</text> </paragraph> <paragraph num="(d)"> <text>Any standing water.</text> </paragraph> <paragraph num="(e)"> <text>The operator, a witness, or trainee. The operator, witness, or trainee shall be positioned behind the microphone but no closer than two feet to the microphone.</text> </paragraph> <aftertext>Figure 4.</aftertext> </paragraph> </paragraph> <paragraph num="B."> <text>Roadway Surface Requirements. The traveled lane of the highway within the measurement site shall be dry, paved with relatively smooth concrete or asphalt, and substantially free of:</text> <paragraph num="(1)"> <text>Holes or other defects which would cause a vehicle to emit irregular tire, body, or chassis impact noise; and</text> </paragraph> <paragraph num="(2)"> <text>Loose material such as gravel or sand.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Ambient Conditions for Moving Vehicles and Stationary Sites.</text> <paragraph num="(1)"> <text>Sound. The ambient A-weighted sound level at the microphone location point may be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to Regulation .10 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The measured ambient sound level shall be 10 dB(A) or more below that level specified in Regulation .04 of this chapter, Table 1, 2, or 3, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of measurement.</text> </paragraph> <paragraph num="(3)"> <text>Ambient sound levels need not be taken when a:</text> <paragraph num="(a)"> <text>Moving vehicle measurement rises to a maximum of 10 dB or more above the measurement start; or</text> </paragraph> <paragraph num="(b)"> <text>Stationary vehicle measurement rises to a maximum of 10 dB or more above the measurement level before each of the 3 engine run-up sound level maximums.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Wind. The wind velocity at the site may be measured at the beginning of each series of noise measurements and at intervals of 5—15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at hourly intervals. Testing can be done if velocity is 12 mph (19.3kph) or less, but gust winds up to 20 mph (33.2kph) are allowed.</text> </paragraph> <paragraph num="(5)"> <text>Precipitation. Measurements are prohibited under any conditions of precipitation; however, measurements may be made with snow on the ground. The ground surface within the measurement area shall be free of standing water.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reflecting Surfaces within Measurement Sites for Moving Vehicles with a GVWR or GCWR of 10,000 Pounds or Less and Motorcycles.</text> <paragraph num="(1)"> <text>Measurements made at sites with sound reflecting surfaces located behind the microphone line or beyond the vehicle fore and aft center line and outside the triangular measurement area shall be adjusted by the factors in Table 4. If the reflecting surfaces are both behind the microphone and beyond the vehicle, they are additive. Measurements may not be made when a sound reflecting surface is less than 25 feet from the microphone or vehicle or when there are more than two reflecting surfaces within a site.</text> </paragraph> <paragraph num="(2)"> <text>Tables. The following tables are used for noise measurement site adjustments:</text> <paragraph num="(a)"> <text>Table 1.</text> </paragraph> <paragraph num="(b)"> <text>Table 2.</text> </paragraph> <paragraph num="(c)"> <text>Table 3.</text> </paragraph> <paragraph num="(d)"> <text>Table 4.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Site Requirements Stationary Tests — Other Vehicles."> <paragraph num="A."> <text>10,000 Pounds or Less GVWR or GCWR. The same procedures as described in Regulation .05B of this chapter are used.</text> </paragraph> <paragraph num="B."> <text>Motorcycles. The same procedures as described in Regulation .05B of this chapter are used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Sound Level Measurement Equipment."> <paragraph num="A."> <text>Sound Level Meter. A precision sound level meter meeting all the requirements of American National Standards Specification for Sound Level Meters ANSI S1.4—1971, or later revision, for a type 1 or a type S-1A instrument shall be used. The sound level meter shall be calibrated and certified annually with a method traceable to the U.S. National Bureau of Standards to verify its performance within design tolerances.</text> </paragraph> <paragraph num="B."> <text>Acoustical Calibrator.</text> <paragraph num="(1)"> <text>An acoustical calibrator of the microphone coupler-type shall be used for calibration of the sound level meter. The frequency of the calibration signal shall be 1000 Hz, ±5 percent.</text> </paragraph> <paragraph num="(2)"> <text>The calibrator shall be adjusted and certified annually with a method traceable to the U.S. National Bureau of Standards to verify its correct performance within ±0.5 dB.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Microphone Windscreen.</text> <paragraph num="(1)"> <text>A windscreen of the type recommended by noise meter manufacturers shall be used for all measurements to protect from wind noise. Installation of the windscreen may not cause a change in the sensitivity of more than ±.05 dB in the frequency range from 50 Hz to 5KHz or more then ±2 dB in the frequency range from 5 KHz.</text> </paragraph> <paragraph num="(2)"> <text>It is sufficient that this compliance be demonstrated only at the annual system calibration and certification.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Anemometer. An anemometer, which has a steady-state accuracy within ±10 percent of any reading above 10 mpg (16 km/h), may be used to determine the wind velocity prevalent at the time of measurement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Sound Level Equipment Operation for Measuring Vehicle Noise."> <paragraph num="A."> <text>The microphone of a sound level measurement system for all moving vehicle measurements for vehicles over 10,000 pounds GVWR and GCWR shall be located at a height of not less than 2 feet (.6m) or more than 6 feet (1.8m) above the plane of the roadway surface and not less than 3-1/2 feet (1.1m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2m).</text> </paragraph> <paragraph num="B."> <text>Stationary Vehicle Measurements for All Vehicles.</text> <paragraph num="(1)"> <text>10,000 or less GVWR or GCWR. The same procedures as described in Regulation .05B of this chapter are used.</text> </paragraph> <paragraph num="(2)"> <text>Motorcycles. The same procedure as described in Regulation .05B of this chapter are used.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Microphone Orientation. The microphone shall be pointed approximately straight upward so that the vehicle noise reaching the microphone from any point within the measurement site strikes the microphone at grazing incidence (parallel to the microphone diaphragm).</text> </paragraph> <paragraph num="D."> <text>Meter Operation.</text> <paragraph num="(1)"> <text>The sound level meter shall be operated according to the manufacturer's instructions and this section.</text> </paragraph> <paragraph num="(2)"> <text>The meter shall be set for A-weighting and fast response.</text> </paragraph> <paragraph num="(3)"> <text>The sound level meter shall be calibrated with the acoustic calibrator before the start of use and then at approximately 1 hour intervals when the instrument is in use.</text> </paragraph> <paragraph num="(4)"> <text>The operator may not stand at any point in the measurement site that lies on a line passing through the vehicle and the microphone. An operator, witness, or trainee may be positioned behind the microphone but no closer than 2 feet from the microphone.</text> </paragraph> <paragraph num="(5)"> <text>Background Sound Level. The sound level, including that from other vehicles, wind effects, and all other sources of noise except the vehicle being measured, shall be at least 10 dB lower than the maximum sound level of the vehicle at the time of the measurement.</text> </paragraph> <paragraph num="(6)"> <text>Meter Reading. The sound level reading of a moving vehicle or a stationary vehicle shall be at the highest reading observed for each measurement period.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Records."> <paragraph num="A."> <text>The operator shall keep written and signed records on prescribed forms.</text> </paragraph> <paragraph num="B."> <text>The forms shall include at least the following:</text> <paragraph num="(1)"> <text>Location of measurement site and posted speed, if applicable;</text> </paragraph> <paragraph num="(2)"> <text>Date and time of day of the measurements;</text> </paragraph> <paragraph num="(3)"> <text>Name of operator making the measurements;</text> </paragraph> <paragraph num="(4)"> <text>Identifying numbers of measurement equipment; and</text> </paragraph> <paragraph num="(5)"> <text>For every violation observed, a description of vehicle, the lane of operation (except for stationary vehicle measurements), the sound level reading as defined in this chapter, the maximum permitted sound level, the time, the enforcement action taken if any, wind speed, calibration times, and any other information deemed necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Sound Level Limits."> <paragraph num="A."> <text>A person may not sell, offer for sale, distribute, or lease a new motor vehicle that produces a sound level that exceeds the sound level limit specified in Table 5 for the category of vehicle when measured under the moving vehicle test site procedures established by Regulation .14 of this chapter. Compliance with the sound level limits established in this chapter may not be construed as limiting or precluding the enforcement of other regulations establishing maximum sound levels under approved test procedures.</text> </paragraph> <paragraph num="B."> <text>Table 5.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="New Motor Vehicles."> <paragraph num="A."> <text>All moving vehicle tests shall be conducted in accordance with the recommended practices referenced in §§B, C, and D of this regulation. All stationary vehicle tests shall be in accordance with the recommended practices of ISO 5130 1982 E.</text> </paragraph> <paragraph num="B."> <text>The maximum sound emission test procedure for vehicles having a GVWR GCWR in excess of 10,000 pounds shall be that contained in the SAE Standard J986b, Exterior Sound Level for Heavy Trucks and Buses, except buses with automatic transmissions that cannot be manually held in gear. These vehicles shall be tested according to a modified J366 test which results in achieving the transmission shift from 1st to 2nd gear in the end zone during wide open throttle acceleration from a standing start.</text> </paragraph> <paragraph num="C."> <text>For 1983 and subsequent model year street motorcycles manufactured after December 31, 1982, the test shall be that contained in Appendix I Subparts D and E, Title 40 of the Code of Federal Regulations Part 205 (40 CFR 205).</text> </paragraph> <paragraph num="D."> <text>The maximum sound emission test procedure for vehicles having a GVWR or GCWR of 10,000 pounds or less shall be that contained in SAE Standard J876b, Sound Level for Passenger Cars and Light Trucks.</text> </paragraph> <paragraph num="E."> <text>Deviation from ISO and SAE Standards and Practices.</text> <paragraph num="(1)"> <text>The Administration considers ISO 5130 1982 E and SAE standards and recommended practices to contain minimum requirements. In conducting tests in compliance with these procedures, the Administration may deviate from the literal requirements when it appears that the integrity of the test methods can be better preserved.</text> </paragraph> <paragraph num="(2)"> <text>Using instrumentation having greater precision or adding additional equipment to provide more accuracy in determining test conditions, and reducing the presence of objects in the test zone are examples of deviations from the referenced texts.</text> </paragraph> <paragraph num="(3)"> <text>The appendices attached to the referenced texts contain recommended sound level limits that are not appropriate to this regulation and are therefore deleted.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Manufacturer's Certification."> <paragraph num="A."> <text>Each vehicle manufacturer or distributor of vehicles of a type subject to this chapter, that are to be sold or distributed in this State, shall certify to the Administrator that all vehicles to be sold or distributed are in compliance with the provisions of this chapter.</text> </paragraph> <paragraph num="B."> <text>The certification shall be:</text> <paragraph num="(1)"> <text>Filed annually;</text> </paragraph> <paragraph num="(2)"> <text>Filed before the date of introduction of a new model; and</text> </paragraph> <paragraph num="(3)"> <text>Accompanied by a list of models of the same model year that are available outside of this State that do not comply with the provisions of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Supplemental certifications are required before the date of introduction for new models introduced during the current model year.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)</annotation> <annotation type="History" subtype="Administrative History">Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 9, 1984 (11:7 Md. R. 626)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)</annotation> <annotation type="History" subtype="Administrative History">COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 17, 2000 (27:7 Md. R. 706)</annotation> </annotations> </chapter> <chapter num="08" heading="Vehicle Emissions Inspection Program"> <regulation prefix="Regulation" num=".01" heading="Scope and Applicability."> <paragraph num="A."> <text>Scope. The Vehicle Emissions Inspection Program requires all subject vehicles to be inspected biennially as scheduled by the Administration.</text> </paragraph> <paragraph num="B."> <text>Applicability.</text> <paragraph num="(1)"> <text>Unless exempt under Regulation .04 of this chapter, a vehicle is subject to the provisions of this chapter if it is:</text> <paragraph num="(a)"> <text>Registered within the emissions inspection area;</text> </paragraph> <paragraph num="(b)"> <text>Owned or leased by a federal, State, or local government, and assigned and operated within the emissions inspection area for more than 60 days in a calendar year; or</text> </paragraph> <paragraph num="(c)"> <text>Owned or leased by an employee of the federal government, and operated on any property or facility owned by the federal government within the emissions inspection area for more than 60 days in a calendar year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Table 1. Test Procedure Applicability.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>In this chapter, the following documents are incorporated by reference:</text> <paragraph num="A."> <text>Clean Air Act, 42 U.S.C §7521, §7541, and §7545, as amended;</text> </paragraph> <paragraph num="B."> <text>40 CFR §85.1902(d), as amended;</text> </paragraph> <paragraph num="C."> <text>40 CFR §85.2207, as amended;</text> </paragraph> <paragraph num="D."> <text>40 CFR §85.2222, as amended;</text> </paragraph> <paragraph num="E."> <text>40 CFR §85.2231, as amended;</text> </paragraph> <paragraph num="F."> <text>40 CFR Part 51, Subpart S, as amended; and</text> </paragraph> <paragraph num="G."> <text>42 U.S.C. §9902(2), as amended.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Department of Transportation Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“ASE” means the National Institute for Automotive Service Excellence.</text> </paragraph> <paragraph num="(3)"> <text>“Audit” means a periodic quality assurance check, performed by the Administration or the Department, on equipment, records, and personnel regulated under this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“Auditor” means an employee or designee of the Administration or the Department who performs audits.</text> </paragraph> <paragraph num="(5)"> <text>“Certificate” means a vehicle inspection report issued electronically or on paper by the Administration or a designee of the Administration, which certifies that a vehicle has undergone an emissions inspection</text> </paragraph> <paragraph num="(6)"> <text>“Certified emissions repair facility” means a business certified by the Department which:</text> <paragraph num="(a)"> <text>Engages in emissions-related repairs to vehicles; and</text> </paragraph> <paragraph num="(b)"> <text>Meets the requirements of Regulation .19 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Contractor” means a business under contract with the State to operate and manage the vehicle emissions inspection program.</text> </paragraph> <paragraph num="(8)"> <text>“Date of scheduled inspection” means a specific date, as assigned by the Administration, by which a vehicle shall be inspected.</text> </paragraph> <paragraph num="(9)"> <text>“Dealer” means a person licensed under Transportation Article, §15-302, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Department” means the Maryland Department of the Environment.</text> </paragraph> <paragraph num="(11)"> <text>“Emissions control device” means a design element or device installed on a motor vehicle by the vehicle manufacturer to comply with the standards of the Clean Air Act, 42 U.S.C. §7521, including, but not limited to, the oxygen sensor, catalytic converter, the fuel inlet restrictor; and devices integral to the:</text> <paragraph num="(a)"> <text>On-board diagnostics system;</text> </paragraph> <paragraph num="(b)"> <text>Exhaust gas recirculation (EGR) system;</text> </paragraph> <paragraph num="(c)"> <text>Evaporative emissions control system;</text> </paragraph> <paragraph num="(d)"> <text>Positive crankcase ventilation (PCV) system;</text> </paragraph> <paragraph num="(e)"> <text>Air injection system;</text> </paragraph> <paragraph num="(f)"> <text>Fuel metering system; and</text> </paragraph> <paragraph num="(g)"> <text>Ignition system.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Emissions inspection area” means Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, Queen Anne's, and Washington counties, and Baltimore City.</text> </paragraph> <paragraph num="(13)"> <text>“Emissions-related recall” means a manufacturer plan to remedy vehicle emissions-related defects or nonconformity with new vehicle emissions standards through either a voluntary emissions recall as defined in 40 CFR §85.1902(d), or a remedial plan determination made pursuant to the Clean Air Act, 42 U.S.C. §7541.</text> </paragraph> <paragraph num="(14)"> <text>“Emissions-related repair” means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components necessary to bring a vehicle into compliance with the emissions standards set forth in this chapter.</text> </paragraph> <paragraph num="(15)"> <text>“Emissions standard” means a requirement that relates to the operation or maintenance of a motor vehicle to ensure continuous emissions reduction.</text> </paragraph> <paragraph num="(16)"> <text>“Fail certificate” means a certificate which indicates that a vehicle is not in compliance with an emissions inspection standard.</text> </paragraph> <paragraph num="(17)"> <text>“Fleet inspection station” means an establishment licensed by the Department to perform certain emissions inspections.</text> </paragraph> <paragraph num="(18)"> <text>“Initial inspection” means the first inspection of a vehicle in an inspection cycle.</text> </paragraph> <paragraph num="(19)"> <text>“Inspection cycle” means an approximate 2-year period which begins with the date of scheduled inspection.</text> </paragraph> <paragraph num="(20)"> <text>“Inspector” means a person authorized to perform official vehicle emissions inspections under this chapter.</text> </paragraph> <paragraph num="(21)"> <text>“Master certified emissions technician” means an individual who meets the provisions of Regulation .18 of this chapter.</text> </paragraph> <paragraph num="(22)"> <text>“Misfueling” means the introduction of improper fuel into a vehicle as prohibited under the Clean Air Act, 42 U.S.C. §7545.</text> </paragraph> <paragraph num="(23)"> <text>“Model year” means the vehicle model year as designated by the manufacturer or the model year designated by the Administration for a vehicle constructed by other than the original manufacturer.</text> </paragraph> <paragraph num="(24)"> <text>“Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(25)"> <text>"Motorist assistance center” means a resource center operated by the contractor that provides technical emissions-related repair guidance to motorists and vehicle repair technicians.</text> </paragraph> <paragraph num="(26)"> <text>“On-board diagnostics” means an emissions control diagnostics system installed on a vehicle as required by the Clean Air Act, 42 U.S.C. §7521(m), which identifies deterioration or malfunction of vehicle systems and stores the information for retrieval.</text> </paragraph> <paragraph num="(27)"> <text>“Pass certificate” means a certificate which indicates that a vehicle is in compliance with all applicable emissions standards.</text> </paragraph> <paragraph num="(28)"> <text>“Recognized repair technician” means a person who:</text> <paragraph num="(a)"> <text>Performs vehicle repairs as a profession, or is certified as a master certified emissions technician under this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Is employed at a facility whose purpose is vehicle repair.</text> </paragraph> </paragraph> <paragraph num="(29)"> <text>“Registered gross vehicle weight” means the total vehicle weight including load as designated on the vehicle registration record of the Administration.</text> </paragraph> <paragraph num="(30)"> <text>“Vehicle” means motor vehicle.</text> </paragraph> <paragraph num="(31)"> <text>“Vehicle emissions inspection station” means a facility approved by the Administration to conduct emissions inspections pursuant to this chapter.</text> </paragraph> <paragraph num="(32)"> <text>“Waiver” means a determination made by the Administration or a designee of the Administration that the provisions set forth in Regulation .07 of this chapter have been met.</text> </paragraph> <paragraph num="(33)"> <text>“Zero-emission vehicle” has the meaning stated in Transportation Article, §23-206.4, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Exemptions."> <paragraph num="A."> <text>The vehicles in §B of this regulation are exempt from the provisions of this chapter.</text> </paragraph> <paragraph num="B."> <text>Exempt vehicles include the following vehicles:</text> <paragraph num="(1)"> <text>A zero-emission vehicle;</text> </paragraph> <paragraph num="(2)"> <text>A fire or rescue apparatus or ambulance, owned or leased by a state or local government, by a rescue squad, or by a volunteer fire or ambulance company, registered as an emergency vehicle as defined in Transportation Article, §11-118, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>A vehicle registered as a Class D motorcycle;</text> </paragraph> <paragraph num="(4)"> <text>A vehicle registered as a Class E truck with a registered gross vehicle weight greater than 26,000 pounds;</text> </paragraph> <paragraph num="(5)"> <text>A vehicle registered as a Class E farm truck;</text> </paragraph> <paragraph num="(6)"> <text>A vehicle registered as a Class F truck tractor;</text> </paragraph> <paragraph num="(7)"> <text>A vehicle registered as a Class F farm truck tractor;</text> </paragraph> <paragraph num="(8)"> <text>A vehicle registered as a Class H school vehicle;</text> </paragraph> <paragraph num="(9)"> <text>A vehicle registered as a Class K farm area vehicle;</text> </paragraph> <paragraph num="(10)"> <text>A vehicle registered as a Class L historic vehicle;</text> </paragraph> <paragraph num="(11)"> <text>A vehicle registered as a Class N street rod vehicle;</text> </paragraph> <paragraph num="(12)"> <text>A vehicle registered as a Class P passenger bus;</text> </paragraph> <paragraph num="(13)"> <text>A vehicle registered as a Class R low speed vehicle;</text> </paragraph> <paragraph num="(14)"> <text>A vehicle powered solely by electricity or diesel fuel;</text> </paragraph> <paragraph num="(15)"> <text>A vehicle with a gross vehicle weight of 8,500 pounds or less and of model year earlier than 1996; or</text> </paragraph> <paragraph num="(16)"> <text>A military vehicle owned by the federal government and used for tactical, combat, or relief operations, or for training for these operations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Schedule of the Program."> <paragraph num="A."> <text>The owner of a nonexempt vehicle shall present the vehicle for a biennial inspection as scheduled by the Administration.</text> </paragraph> <paragraph num="B."> <text>Schedule for Vehicle Inspection.</text> <paragraph num="(1)"> <text>The Administration shall assign each vehicle required to be inspected a date of scheduled inspection for each inspection cycle, and shall send a notice to the vehicle owner before the assigned date.</text> </paragraph> <paragraph num="(2)"> <text>A vehicle owner shall present the vehicle for a scheduled inspection after receipt of notification, but not later than the date of scheduled inspection.</text> </paragraph> <paragraph num="(3)"> <text>Unscheduled Inspection.</text> <paragraph num="(a)"> <text>A new resident of Maryland who owns a vehicle for which a date of scheduled inspection has not been established by the Administration, and who chooses to have the vehicle inspected before titling and registration of the vehicle, may present the vehicle for inspection without notification, and the date the vehicle is initially inspected becomes the date of scheduled inspection.</text> </paragraph> <paragraph num="(b)"> <text>An existing resident who wishes to change a date of a scheduled inspection may request that the Administration change the scheduled date.</text> </paragraph> <paragraph num="(c)"> <text>The Administration shall have sole discretion in granting a request under §B(3)(b) of this regulation.</text> </paragraph> <paragraph num="(d)"> <text>A vehicle that is registered out-of-State or a federal government vehicle may be presented for inspection as required by the state or the federal government, and an unscheduled inspection will be performed.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>New Vehicles. For a vehicle that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is at least 72 months after the model year of the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>Change of Address.</text> <paragraph num="(a)"> <text>Transportation Article, §13-414, Annotated Code of Maryland, requires the owner of a vehicle to notify the Administration of a change of address within 30 days of the change. For purposes of this subsection, the term “address” means the bona fide domicile of the vehicle owner, as defined in COMAR 11.11.06.</text> </paragraph> <paragraph num="(b)"> <text>If a vehicle owner moves from an address outside of the emissions inspection area to an address within the emissions inspection area, the Administration shall establish a date of scheduled inspection.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Transfer of Ownership. If a vehicle undergoes transfer of ownership within the emissions inspection area, the Administration shall establish a date of scheduled inspection upon vehicle registration.</text> </paragraph> <paragraph num="(7)"> <text>Out-of-State Vehicles. Unless otherwise exempt, a vehicle which has been previously titled or registered in a jurisdiction outside Maryland shall be assigned a date of scheduled inspection upon registration in the emissions inspection area.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Compliance With Emissions-Related Recalls.</text> <paragraph num="(1)"> <text>The owner of a vehicle scheduled for inspection under this chapter shall have vehicle repairs performed as required by an emissions-related recall notice before presenting the vehicle for inspection.</text> </paragraph> <paragraph num="(2)"> <text>A vehicle found not to have had repairs performed as required by an emissions-related recall notice shall be rejected from inspection. The vehicle owner shall demonstrate compliance to the satisfaction of the Administration before the vehicle is inspected.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Reinspection.</text> <paragraph num="(1)"> <text>The owner of a vehicle which has failed an inspection shall present the vehicle for reinspection on or before the date of scheduled inspection or, if applicable, the extension expiration date and after emissions-related repairs have been performed on the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The vehicle owner shall provide documentation, in a form prescribed by the Administration, indicating all of the following information for the vehicle:</text> <paragraph num="(a)"> <text>The emissions-related repairs which were performed;</text> </paragraph> <paragraph num="(b)"> <text>By whom the emissions-related repairs were performed; and</text> </paragraph> <paragraph num="(c)"> <text>Any emissions-related repairs recommended by the repair technician which were not performed.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A vehicle presented for reinspection without the documentation required in §D(2) of this regulation shall be rejected from reinspection.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Rejection from Inspection or Reinspection. Rejection from inspection or reinspection does not alter the schedule for vehicle inspection specified in §§A and B of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Certificates."> <paragraph num="A."> <text>General Requirements. During each inspection cycle, a vehicle inspected under this chapter shall be issued a certificate that indicates the inspection status of the vehicle for the inspection cycle in a manner prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>Pass Certificate. If a vehicle meets all applicable standards during an inspection, the vehicle is considered to be in compliance for the assigned inspection cycle, and shall be issued a pass certificate which includes a statement certifying that the inspection was performed in accordance with the provisions of this chapter.</text> </paragraph> <paragraph num="C."> <text>Fail Certificate. If a vehicle does not meet all applicable standards during an inspection, the vehicle is considered not to be in compliance and shall be issued a fail certificate which includes the following information:</text> <paragraph num="(1)"> <text>The type of failure and the reason for failure; and</text> </paragraph> <paragraph num="(2)"> <text>A statement indicating any availability of warranty coverage as provided by the Clean Air Act, 42 U.S.C. §7541.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Waivers."> <paragraph num="A."> <text>General Requirements. A waiver is valid until the next date of scheduled inspection.</text> </paragraph> <paragraph num="B."> <text>Repair Waiver.</text> <paragraph num="(1)"> <text>The owner of a vehicle for which a fail certificate has been issued may apply to the Administration for a waiver from inspection standards for the assigned inspection cycle if all of the following requirements are met:</text> <paragraph num="(a)"> <text>All applicable warranty coverage has been used, or the vehicle manufacturer or a dealer has issued written denial of the warranty coverage provided for vehicles by the Clean Air Act, 42 U.S.C. §7541;</text> </paragraph> <paragraph num="(b)"> <text>The vehicle has received emissions-related repairs appropriate to the cause of inspection failure, and the repairs have been performed by a recognized repair technician;</text> </paragraph> <paragraph num="(c)"> <text>Emissions control devices have not been tampered with or removed, and the vehicle has not been misfueled; and</text> </paragraph> <paragraph num="(d)"> <text>The owner satisfies the requirements of State law, except for provisions which are superseded by federal law.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The vehicle owner shall submit proof of expenditures for repairs with the waiver application in a form and content acceptable to the Administration. Repair costs, including parts and labor, are limited to only those repairs necessary to bring the vehicle into compliance with applicable emissions standards, and do not include costs:</text> <paragraph num="(a)"> <text>Determined to be necessary to correct tampering with or the removal of an emissions control device, or to repair damage resulting from misfueling; or</text> </paragraph> <paragraph num="(b)"> <text>Associated with the repair or replacement of the exhaust system or any of its components.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration or the contractor shall evaluate each waiver application, examine the vehicle for verification of repairs and the presence of required emissions control devices, and may issue a waiver if the provisions of this chapter are met.</text> </paragraph> <paragraph num="(4)"> <text>The Administration or the contractor may require approval by the motorist assistance center prior to issuing a waiver.</text> </paragraph> <paragraph num="(5)"> <text>The Administration may grant a time extension to a waiver applicant so that additional repairs may be obtained, or to adequately evaluate and verify the contents of the waiver application.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Senior Citizens.</text> <paragraph num="(1)"> <text>A waiver may be granted to a vehicle owner who is 70 years of age or older at the time of the scheduled inspection for a vehicle that is driven 5,000 miles or less per year.</text> </paragraph> <paragraph num="(2)"> <text>In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the age requirement.</text> </paragraph> <paragraph num="(3)"> <text>All information provided by the vehicle owner is subject to verification by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Disabled Persons.</text> <paragraph num="(1)"> <text>A waiver may be granted to the owner of a vehicle for which special registration plates have been issued under Transportation Article, §13-616, Annotated Code of Maryland, and which is driven 5,000 miles or less per year.</text> </paragraph> <paragraph num="(2)"> <text>In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the disability requirements.</text> </paragraph> <paragraph num="(3)"> <text>All information provided by the vehicle owner is subject to verification by the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Deployed Military Personnel.</text> <paragraph num="(1)"> <text>A waiver may be granted to a vehicle owner who is an active duty member of the armed services of the United States if the following requirements are met:</text> <paragraph num="(a)"> <text>The vehicle owner has received military orders:</text> <paragraph num="(i)"> <text>For deployment outside the United States; or</text> </paragraph> <paragraph num="(ii)"> <text>To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>All owners listed on the vehicle title have certified that at least one owner of the vehicle has met the criteria of §E(1)(a) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>All information provided by the vehicle owner is subject to verification by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Extensions."> <paragraph num="A."> <text>The Administration may grant a time extension for a vehicle owner to comply with the requirements of this chapter. An extension may be granted only if the Administration determines that the vehicle owner has made efforts to have the vehicle inspected or repaired and circumstances have developed which are beyond the reasonable control of the vehicle owner. An extension shall be of the shortest duration possible, as determined by the Administration.</text> </paragraph> <paragraph num="B."> <text>The Administration may grant a time extension for a vehicle registered in the emissions inspection area but operated in or assigned to an area outside of the emissions inspection area. The vehicle owner shall present the vehicle for inspection upon its return to the emissions inspection area.</text> </paragraph> <paragraph num="C."> <text>Economic Hardship. The Administration may grant a time extension, not to exceed the period of the inspection cycle, to a motorist to obtain needed repairs on a vehicle in the case of economic hardship. The vehicle owner shall submit documentation, subject to verification by the Administration, that all vehicle owners listed on the vehicle title meet the Federal Poverty Level Guidelines as updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. §9902(2).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Enforcement."> <paragraph num="A."> <text>The requirements of this chapter relating to vehicle inspection shall be enforced by the Administration through the use of administrative sanctions in the form of:</text> <paragraph num="(1)"> <text>Suspension of vehicle registration;</text> </paragraph> <paragraph num="(2)"> <text>Denial of vehicle registration renewal; or</text> </paragraph> <paragraph num="(3)"> <text>Confiscation of the vehicle registration plates.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the vehicle is not issued a pass certificate, a waiver, or an extension on or before the date of scheduled inspection or, if applicable, the extension expiration date, a notice of suspension of registration shall be forwarded to the vehicle owner of record by the Administration. The notice shall:</text> <paragraph num="(1)"> <text>Contain vehicle identification information and a suspension date which is at least 15 days after the date of the notice; and</text> </paragraph> <paragraph num="(2)"> <text>Provide a means for the owner to resolve, to the satisfaction of the Administration, any issues so that the Administration may cancel the impending suspension.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension.</text> <paragraph num="(1)"> <text>If the issues which led to the notice of suspension of registration are not resolved before the suspension date, the vehicle registration shall be suspended and the owner shall forward the vehicle registration plates to the Administration.</text> </paragraph> <paragraph num="(2)"> <text>If the vehicle owner fails to comply with the suspension, the Administration may issue an order to confiscate the vehicle registration plates.</text> </paragraph> <paragraph num="(3)"> <text>If the vehicle registration is suspended and a pass certificate, a waiver, or an extension has not been issued, the vehicle registration remains suspended and subsequent renewal of registration shall be denied until the vehicle is in compliance with the requirements of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Test Standards."> <paragraph num="A."> <text>Idle Exhaust Emissions Test.</text> <paragraph num="(1)"> <text>A vehicle shall fail if sample dilution occurs.</text> </paragraph> <paragraph num="(2)"> <text>Hydrocarbon (HC) and carbon monoxide (CO) emissions may not exceed the following values:</text> <paragraph num="(a)"> <text>Table 2. Gross vehicle weight greater than 8,500 pounds but less than or equal to 10,000 pounds.</text> </paragraph> <paragraph num="(b)"> <text>Table 3. Gross vehicle weight greater than 10,000 pounds:</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Gas Cap Leak Test.</text> <paragraph num="(1)"> <text>A vehicle shall fail if the gas cap is missing, broken, or the wrong style for the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The gas cap leak rate may not exceed 60 cubic centimeters per minute at a pressure of 30 inches of water column.</text> </paragraph> </paragraph> <paragraph num="C."> <text>On-Board Diagnostics Test.</text> <paragraph num="(1)"> <text>A vehicle shall fail if a component of the on-board diagnostics system is missing or damaged.</text> </paragraph> <paragraph num="(2)"> <text>Standards for the on-board diagnostics test are specified in 40 CFR §85.2207 and 40 CFR §85.2222.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="General Requirements for Inspection and Preparation for Inspection"> <paragraph num="A."> <text>Emissions Related Recall. An inspector shall reject from inspection a vehicle which has not had repairs performed as required by an emissions-related recall notice, as specified in Regulation .05C of this chapter.</text> </paragraph> <paragraph num="B."> <text>Vehicle Preparation.</text> <paragraph num="(1)"> <text>Before vehicle inspection, the inspector shall visually check the vehicle for a condition which has potential to cause injury, damage the inspection station or the test equipment, or invalidate the inspection, including, but not limited to:</text> <paragraph num="(a)"> <text>Overheating;</text> </paragraph> <paragraph num="(b)"> <text>Leaks of coolant, oil, or fuel;</text> </paragraph> <paragraph num="(c)"> <text>Visible tailpipe emissions other than steam; or</text> </paragraph> <paragraph num="(d)"> <text>A missing, damaged, or leaking exhaust system.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an unsafe condition or an exhaust leak is found, the inspector shall reject the vehicle from testing. If an unsafe condition develops during a test, the inspector shall abort the inspection.</text> </paragraph> <paragraph num="(3)"> <text>The inspector shall ensure that all vehicle accessories are turned off.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Test Equipment and Test Procedures."> <paragraph num="A."> <text>Idle Exhaust Emissions Test.</text> <paragraph num="(1)"> <text>Test Equipment. Idle exhaust emission test equipment shall be approved by the Administration and the Department.</text> </paragraph> <paragraph num="(2)"> <text>Test Procedures.</text> <paragraph num="(a)"> <text>The inspector shall fail the vehicle if sample dilution occurs.</text> </paragraph> <paragraph num="(b)"> <text>Except as provided in §A(2)(a) of this regulation, the inspector shall conduct the idle exhaust emissions test in accordance with the procedures specified in 40 CFR Part 51, Subpart S.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Catalytic Converter Check. If the vehicle is required to be equipped with a catalytic converter, the inspector shall check for the presence of the catalytic converter, and fail the vehicle if a catalytic converter is not present.</text> </paragraph> <paragraph num="C."> <text>Gas Cap Leak Test.</text> <paragraph num="(1)"> <text>Test Equipment. Gas cap leak test equipment shall be approved by the Administration and the Department.</text> </paragraph> <paragraph num="(2)"> <text>Test Procedures. The inspector shall remove the gas cap from the vehicle, attach the gas cap to the test equipment, perform the leak test, return the gas cap to the vehicle, and properly tighten the gas cap on the vehicle.</text> </paragraph> </paragraph> <paragraph num="D."> <text>On-Board Diagnostics Test.</text> <paragraph num="(1)"> <text>Test Equipment. On-board diagnostics test equipment shall:</text> <paragraph num="(a)"> <text>Be approved by the Administration and the Department; and</text> </paragraph> <paragraph num="(b)"> <text>Meet the requirements and functions specified in 40 CFR §85.2231.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Test Procedures.</text> <paragraph num="(a)"> <text>The inspector shall fail the vehicle if a component of the on-board diagnostics system is missing or damaged.</text> </paragraph> <paragraph num="(b)"> <text>Except as provided in §D(2)(a) of this regulation, the inspector shall conduct the on-board diagnostics test following the test procedure specified by the equipment manufacturer, and in accordance with the procedures specified in 40 CFR §85.2222.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Failed Vehicle and Reinspection Procedures."> <paragraph num="A."> <text>Failed Vehicle. The contractor shall provide information as to the reason for the vehicle failure to the operator of a failed vehicle</text> </paragraph> <paragraph num="B."> <text>The contractor or the Administration may refer the vehicle operator to the motorist assistance center.</text> </paragraph> <paragraph num="C."> <text>Reinspection.</text> <paragraph num="(1)"> <text>The inspector shall reject from reinspection a vehicle:</text> <paragraph num="(a)"> <text>For which the documentation required in Regulation .05D(2) of this chapter is not provided; or</text> </paragraph> <paragraph num="(b)"> <text>Which had failed with an on-board diagnostics fault code related to the catalyst or evaporative emissions control system, and the applicable readiness monitor is not set.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The inspector shall collect the documentation required in Regulation .05D(2) of this chapter from the operator of each vehicle which is reinspected.</text> </paragraph> <paragraph num="(3)"> <text>For reinspection, the inspector shall perform the same inspection procedures as the initial inspection and apply the same inspection standards.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Quality Assurance and Maintenance."> <paragraph num="A."> <text>The Contractor shall develop, maintain, and modify as required by the Administration and the Department a comprehensive quality assurance and maintenance plan for vehicle emissions inspection stations complying with the provisions of this chapter, and shall implement the quality assurance plan after approval of the plan by the Administration and the Department.</text> </paragraph> <paragraph num="B."> <text>The contractor shall include the following information in the quality assurance plan:</text> <paragraph num="(1)"> <text>Test assurance procedures to be conducted by the contractor for each test;</text> </paragraph> <paragraph num="(2)"> <text>Periodic quality assurance check procedures and precision check procedures to be conducted by the contractor on the test equipment;</text> </paragraph> <paragraph num="(3)"> <text>For each test assurance procedure, periodic quality assurance check, and precision check conducted by the contractor, the:</text> <paragraph num="(a)"> <text>Primary standard to which each instrument, device, or material used for a check is traceable,</text> </paragraph> <paragraph num="(b)"> <text>Acceptable tolerance for each check,</text> </paragraph> <paragraph num="(c)"> <text>Corrective action to be taken for a check result outside of the acceptable tolerance, and</text> </paragraph> <paragraph num="(d)"> <text>Recheck procedure to follow corrective action;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Maintenance procedures to be conducted by the contractor on the test equipment, which follow the equipment manufacturers' specifications at a minimum; and</text> </paragraph> <paragraph num="(5)"> <text>Record-keeping practices to be conducted by the contractor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a test assurance procedure is failed, the contractor shall record the event and void the test.</text> </paragraph> <paragraph num="D."> <text>If a periodic quality assurance check or precision check is failed, the contractor shall record the event, automatically prevent official testing, and take immediate corrective action.</text> </paragraph> <paragraph num="E."> <text>Maintenance Log.</text> <paragraph num="(1)"> <text>The contractor shall keep a maintenance log for each test system, in a form which has been approved by the Administration and the Department, and shall record each maintenance event in the log.</text> </paragraph> <paragraph num="(2)"> <text>Failure of the contractor to properly maintain equipment or to properly keep a maintenance log may be cause for the Administration or the Department to suspend official testing until the contractor takes corrective action which has been approved by the Administration or the Department.</text> </paragraph> <paragraph num="(3)"> <text>The contractor shall keep each maintenance log for the duration of the vehicle emissions inspection program unless otherwise directed by the Department.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The contractor shall allow access to inspection equipment, personnel, and records for Administration or Department personnel to perform quality assurance audits. Failure of a quality assurance audit may be cause for the Administration or the Department to suspend official testing until the contractor takes corrective action which has been approved by the Administration or the Department.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Vehicle Emissions Inspection Station."> <paragraph num="A."> <text>General Requirements.</text> <paragraph num="(1)"> <text>The contractor shall make available to the Administration or the Department, as required, vehicle emissions inspection station equipment and personnel to perform quality assurance checks and program evaluation functions.</text> </paragraph> <paragraph num="(2)"> <text>The contractor shall collect, maintain, and make available to the Administration and the Department, as required, inspection data and inspection station operation data in compliance with the provisions of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Fees.</text> <paragraph num="(1)"> <text>The fee established in COMAR 11.11.05 shall be paid during or before an initial inspection or a second or subsequent reinspection.</text> </paragraph> <paragraph num="(2)"> <text>The late fee established in COMAR 11.11.05 shall be paid during or before an initial inspection or reinspection performed after the date of scheduled inspection, or if applicable, after the extension expiration date.</text> </paragraph> <paragraph num="(3)"> <text>The fee established in COMAR 11.11.05 shall be paid during or before an inspection performed but not required under this chapter.</text> </paragraph> <paragraph num="(4)"> <text>The contractor shall accept payment of inspection, reinspection, and late fees in cash or personal check, or with a major credit card which has been approved for use by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Inspector Training and Performance Review."> <paragraph num="A."> <text>Inspector Training.</text> <paragraph num="(1)"> <text>The contractor shall develop, maintain, and modify, as required by the Administration and the Department, an inspector training program to include both classroom and hands-on training, with provisions for initial and periodic in-service training.</text> </paragraph> <paragraph num="(2)"> <text>The contractor shall use the training program after the program has been approved by the Administration and the Department.</text> </paragraph> <paragraph num="(3)"> <text>The contractor shall provide training that meets the provisions of this chapter to each inspector before the inspector may perform inspections.</text> </paragraph> <paragraph num="(4)"> <text>The contractor shall provide periodic in-service inspector training over a period established by the Administration and the Department.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Inspector Performance.</text> <paragraph num="(1)"> <text>The performance of an inspector may be periodically reviewed by the Administration and the Department, either overtly or covertly.</text> </paragraph> <paragraph num="(2)"> <text>Correction.</text> <paragraph num="(a)"> <text>The contractor shall ensure that any failure of an inspector at a vehicle emissions inspection station to adequately implement the provisions of this chapter is corrected.</text> </paragraph> <paragraph num="(b)"> <text>Correction may include retraining or dismissal of the inspector.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Vehicle Data for Vehicle Repair Assistance."> <paragraph num="A."> <text>The contractor shall issue a report containing information on test results of a vehicle which has failed an emissions inspection to an individual seeking to have repairs performed on the vehicle.</text> </paragraph> <paragraph num="B."> <text>The contractor shall:</text> <paragraph num="(1)"> <text>Make the report available electronically to vehicle owners, certified emissions repair facilities, and master certified emissions technicians; and</text> </paragraph> <paragraph num="(2)"> <text>Provide read-only, convenient, and standardized access.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The contractor shall include information specified by the Administrator and the Department in the report.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Master Certified Emissions Technician."> <paragraph num="A."> <text>Initial Application and Certification.</text> <paragraph num="(1)"> <text>To qualify for certification, an individual shall:</text> <paragraph num="(a)"> <text>Successfully complete an orientation course approved by the Department;</text> </paragraph> <paragraph num="(b)"> <text>Demonstrate 5 years of full-time employment experience as an automotive technician performing emissions-related repairs on on-road vehicles, except that an individual with 2 full years of full-time education related to the repair of on-road vehicles need only demonstrate 4 years of the required employment; and</text> </paragraph> <paragraph num="(c)"> <text>Possess all of the following current, valid ASE certifications:</text> <paragraph num="(i)"> <text>Electrical Systems (A-6),</text> </paragraph> <paragraph num="(ii)"> <text>Engine Performance (A-8), and</text> </paragraph> <paragraph num="(iii)"> <text>Advanced Engine Performance Specialist (L-1).</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual qualifying for certification may submit an application to the Department. Upon approval of the application, the Department shall provide documentation of certification. Certification is valid through the earliest of the following dates:</text> <paragraph num="(a)"> <text>The expiration date of the individual's ASE Electrical Systems (A-6) certification;</text> </paragraph> <paragraph num="(b)"> <text>The expiration date of the individual's ASE Engine Performance (A-8) certification; or</text> </paragraph> <paragraph num="(c)"> <text>The expiration date of the individual's ASE Advanced Engine Performance Specialist (L-1) certification.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Certification Renewal.</text> <paragraph num="(1)"> <text>An individual with current, valid certification may apply for certification renewal within 60 days before certification expiration.</text> </paragraph> <paragraph num="(2)"> <text>To renew a certification, an individual shall:</text> <paragraph num="(a)"> <text>Submit an application to the Department; and</text> </paragraph> <paragraph num="(b)"> <text>Possess current, valid applicable ASE certifications as required in §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Certification renewed under this section is valid through the applicable date defined in §A of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspension, Revocation, and Denial of Certification.</text> <paragraph num="(1)"> <text>The Department may suspend, revoke, or deny renewal of a certification if the certified individual:</text> <paragraph num="(a)"> <text>Knowingly communicates any false, inaccurate, or misleading information to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;</text> </paragraph> <paragraph num="(b)"> <text>Fraudulently or deceptively obtains or attempts to obtain a certification; or</text> </paragraph> <paragraph num="(c)"> <text>Fails an audit under this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual whose certification has been suspended may be subject to:</text> <paragraph num="(a)"> <text>Additional training or testing as approved by the Department before the certification is reinstated; or</text> </paragraph> <paragraph num="(b)"> <text>Revocation of a certification for which suspension has exceeded 6 months.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An individual whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation, if:</text> <paragraph num="(a)"> <text>At least 90 days have elapsed since the revocation; and</text> </paragraph> <paragraph num="(b)"> <text>The individual has taken corrective action approved by the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Performance Audit. The Department shall conduct an audit of the performance of a master certified emissions technician periodically. The audit shall include an evaluation of vehicle repair history.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Certified Emissions Repair Facility."> <paragraph num="A."> <text>Initial Application and Certification. To qualify for certification, a person shall:</text> <paragraph num="(1)"> <text>Submit an application to the Department;</text> </paragraph> <paragraph num="(2)"> <text>Maintain a repair facility capable of making emissions-related adjustments and repairs;</text> </paragraph> <paragraph num="(3)"> <text>Possess all required equipment as listed in §C of this regulation;</text> </paragraph> <paragraph num="(4)"> <text>Pass an audit as defined in §F of this regulation; and</text> </paragraph> <paragraph num="(5)"> <text>Employ all required personnel as listed in §D of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Suspension, Revocation, and Denial of Certification.</text> <paragraph num="(1)"> <text>The Department may suspend, revoke, or deny a certification under any of the following conditions:</text> <paragraph num="(a)"> <text>False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;</text> </paragraph> <paragraph num="(b)"> <text>Certification is obtained, or attempted to be obtained, fraudulently or deceptively;</text> </paragraph> <paragraph num="(c)"> <text>An audit under §F of this regulation is failed; or</text> </paragraph> <paragraph num="(d)"> <text>Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspections.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Department may reinstate a suspended certification upon the resumption of compliance by the facility with the requirements of this chapter.</text> </paragraph> <paragraph num="(3)"> <text>Upon revocation of certification a person shall, within 10 business days, return to the Department all materials which were issued as a result of the certification, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be certified.</text> </paragraph> <paragraph num="(4)"> <text>A person whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation if:</text> <paragraph num="(a)"> <text>At least 90 days have elapsed since the revocation; and</text> </paragraph> <paragraph num="(b)"> <text>Corrective action approved by the Department has been taken.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Equipment and Tool Requirements. A certified emissions repair facility shall possess and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:</text> <paragraph num="(1)"> <text>Emissions diagnostic and repair information for affected model year vehicles;</text> </paragraph> <paragraph num="(2)"> <text>A scan tool to extract fault codes from any vehicle equipped with on-board diagnostics;</text> </paragraph> <paragraph num="(3)"> <text>A multimeter;</text> </paragraph> <paragraph num="(4)"> <text>A fuel or hydraulic pressure gauge;</text> </paragraph> <paragraph num="(5)"> <text>A vacuum gauge;</text> </paragraph> <paragraph num="(6)"> <text>A vacuum pump; and</text> </paragraph> <paragraph num="(7)"> <text>A compression tester or cylinder leak down tester.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Personnel Requirements.</text> <paragraph num="(1)"> <text>A certified emissions repair facility shall ensure that only a master certified emissions technician diagnoses emissions-related faults, and supervises or performs emissions-related repairs and adjustments to bring vehicles into compliance with the provisions of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>A certified emissions repair facility shall employ at least one full-time master certified emissions technician at each certified emissions repair facility location and ensure that a master certified emissions technician:</text> <paragraph num="(a)"> <text>Is routinely scheduled to work during the advertised operating hours of the facility; and</text> </paragraph> <paragraph num="(b)"> <text>Provides documentation, in a form prescribed by the Administration and the Department, on the vehicle repairs performed and certifies that the repairs have been performed or supervised by a master certified emissions technician.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Equipment Quality Assurance. For all equipment required under this regulation, a certified emissions repair facility shall follow, at a minimum, the manufacturer's specifications for maintenance and calibration, and the procedures established by the Department.</text> </paragraph> <paragraph num="F."> <text>Audits.</text> <paragraph num="(1)"> <text>A certified emissions repair facility shall allow access to Department personnel to conduct audits of the facility. Audits will be conducted at random and with no prior notification.</text> </paragraph> <paragraph num="(2)"> <text>An audit shall include:</text> <paragraph num="(a)"> <text>A review of vehicle repair history; and</text> </paragraph> <paragraph num="(b)"> <text>Checks of record-keeping, equipment, and compliance with personnel requirements.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Audit failure is cause for suspension, revocation, or denial of facility certification.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Record Keeping.</text> <paragraph num="(1)"> <text>A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of 3 years, at the facility or at an alternative location approved by the Department:</text> <paragraph num="(a)"> <text>Records of quality assurance procedures in compliance with the provisions of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Vehicle repair records.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Department.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Fleet Inspection Station."> <paragraph num="A."> <text>Initial Application and Licensure.</text> <paragraph num="(1)"> <text>A fleet inspection station license authorizes the licensee to inspect those vehicles that are part of the fleet designated by the licensee.</text> </paragraph> <paragraph num="(2)"> <text>A person seeking licensure of an establishment as a fleet inspection station shall apply on forms provided by the Department.</text> </paragraph> <paragraph num="(3)"> <text>To qualify for licensure, an establishment shall comply with the following requirements:</text> <paragraph num="(a)"> <text>Maintain a repair facility capable of making emissions-related adjustments and repairs;</text> </paragraph> <paragraph num="(b)"> <text>Possess and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:</text> <paragraph num="(i)"> <text>Emissions diagnostic and repair information for affected model year vehicles;</text> </paragraph> <paragraph num="(ii)"> <text>A multimeter;</text> </paragraph> <paragraph num="(iii)"> <text>A fuel or hydraulic pressure gauge;</text> </paragraph> <paragraph num="(iv)"> <text>A vacuum gauge;</text> </paragraph> <paragraph num="(v)"> <text>A vacuum pump; and</text> </paragraph> <paragraph num="(vi)"> <text>A compression tester or cylinder leak down tester.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Allow access to Department personnel to perform quality assurance checks on equipment and personnel;</text> </paragraph> <paragraph num="(d)"> <text>Employ at least one master certified emissions technician;</text> </paragraph> <paragraph num="(e)"> <text>Ensure that a master certified emissions technician performs all inspections, adjustments, and repairs required to bring vehicles into compliance with the provisions of this chapter; and</text> </paragraph> <paragraph num="(f)"> <text>Ensure that each master certified emissions technician undergoes initial test equipment operation and maintenance training, and periodic re-training as required by the Department.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>License Suspension and Revocation.</text> <paragraph num="(1)"> <text>The Department may suspend or revoke a license if the licensee:</text> <paragraph num="(a)"> <text>Fraudulently or deceptively obtains a license;</text> </paragraph> <paragraph num="(b)"> <text>Fails at any time to meet the qualifications for a license or to fulfill any requirement, procedure, or standard established in this chapter; or</text> </paragraph> <paragraph num="(c)"> <text>Fails an audit under §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A licensee whose license has been suspended may be subject to additional personnel training or inspection as approved by the Department before the license is reinstated.</text> </paragraph> <paragraph num="(3)"> <text>A licensee whose license has been revoked may reapply if:</text> <paragraph num="(a)"> <text>At least 90 days have elapsed since the revocation; and</text> </paragraph> <paragraph num="(b)"> <text>The licensee has taken corrective action approved by the Department.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Upon revocation of a license, a licensee shall deliver to the Department within 10 working days of the revocation all materials which were issued as a result of the licensing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Audits.</text> <paragraph num="(1)"> <text>A fleet inspection station shall allow access to Department personnel to conduct audits of the facility, equipment, and personnel.</text> </paragraph> <paragraph num="(2)"> <text>Audits shall be conducted at random and with no prior notification.</text> </paragraph> <paragraph num="(3)"> <text>The Department may:</text> <paragraph num="(a)"> <text>Monitor the emissions inspections conducted by a fleet inspection station;</text> </paragraph> <paragraph num="(b)"> <text>Require re-inspection of a vehicle as a quality control or compliance measure; and</text> </paragraph> <paragraph num="(c)"> <text>Evaluate the ability of a master certified emissions technician to correctly perform an inspection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Record-Keeping Requirements.</text> <paragraph num="(1)"> <text>A fleet inspection station shall maintain the following records, separately and in chronological order, for a period of 3 years:</text> <paragraph num="(a)"> <text>One copy of each certificate issued to each vehicle inspected;</text> </paragraph> <paragraph num="(b)"> <text>Records of quality assurance procedures performed in compliance with the provisions of this regulation;</text> </paragraph> <paragraph num="(c)"> <text>Vehicle repair records; and</text> </paragraph> <paragraph num="(d)"> <text>Additional vehicle test data as required by the Department.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The records required in §D(1) of this regulation shall be made available for inspection upon the request of the Department.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Inspection Fees.</text> <paragraph num="(1)"> <text>A fleet inspection station shall pay to the contractor the fee established in COMAR. 11.11.05.06 for each official test conducted by the fleet inspection station.</text> </paragraph> <paragraph num="(2)"> <text>A fleet inspection station shall pay to the contractor the fee specified in Regulation .15 of this chapter for an inspection or a reinspection conducted at a vehicle emissions inspection station.</text> </paragraph> <paragraph num="(3)"> <text>A fleet inspection station operated by the State or a county or local government is exempt from the fee in §E(1) of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Test Equipment and Test Procedures. A fleet inspection station shall:</text> <paragraph num="(1)"> <text>Own or lease test equipment provided by the contractor that meets the requirements of Regulation .12 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Provide the Internet and electrical connections needed to operate the test equipment and transmit required data to and from the contractor's central data system;</text> </paragraph> <paragraph num="(3)"> <text>Operate the test equipment according to procedures specified by the Contractor and approved by the Department, using contractor supplied or approved consumables;</text> </paragraph> <paragraph num="(4)"> <text>Allow access to the test equipment for the contractor to perform service or upgrades as needed; and</text> </paragraph> <paragraph num="(5)"> <text>Acquire and maintain any additional equipment specified by the Department as necessary to adequately inspect vehicles.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Quality Assurance and Maintenance.</text> <paragraph num="(1)"> <text>A fleet inspection station shall comply with the contractor's quality assurance and maintenance plan, including quality assurance and maintenance procedures conducted by the master certified emissions technician and the contractor.</text> </paragraph> <paragraph num="(2)"> <text>If the test equipment fails any quality assurance checks required under §G(1) of this regulation, the fleet inspection station may not conduct vehicle inspections until all quality assurance checks are subsequently passed.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 17, 1981 (8:16 Md. R. 1366)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)</annotation> <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 23, 2023 (50:1 Md. R. 8)</annotation> </annotations> </chapter> <chapter num="09" heading="Safety Standards for Low Speed Vehicles"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to originally manufactured low speed vehicles with originally installed equipment or equipment manufactured and installed to meet the federal and State requirements for low speed vehicles. Any questions regarding low speed vehicle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="B."> <text>A low speed vehicle shall comply with federal standards under 49 CFR §571.500. A federal motor vehicle safety certification label shall be affixed to the vehicle identifying it as a “Low Speed Vehicle” for the regulations of this chapter to apply.</text> </paragraph> <paragraph num="C."> <text>The vehicle shall be equipped with the manufacturer's owner's/operator's manual at the time the vehicle is undergoing a State inspection. The vehicle owner or agent may be required to present to the inspection station any manufacturer's testing procedures or specifications required for inspection.</text> </paragraph> <paragraph num="D."> <text>It is recommended that the vehicle owner or agent, before presenting the vehicle for inspection, charge the battery systems as prescribed by the vehicle manufacturer to ensure the vehicle operates at peak efficiency to prevent unnecessary rejection of components due to a weak or low battery.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>In this chapter, Surface Vehicle Standards for Low Speed Vehicles, SAE J2358 (Society of Automotive Engineers, Inc., March 2002) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Performance."> <paragraph num="A."> <text>Due to the vehicle's required speed limitations and the restricted highways where operation is permitted, a road test is not required. The vehicle, however, must be capable of moving under its own power in and out of the inspection area. The vehicle will be required to function as designed in all operational settings. Observe for any adverse steering, handling, or braking reactions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Steering, Alignment, and Suspension."> <paragraph num="A."> <text>Steering. Inspect the entire steering system including steering wheel, steering column, lash, linkage, free play, and power steering, if so equipped, for missing, loose, damaged, or worn parts.</text> <paragraph num="(1)"> <text>Steering Wheel. The steering wheel shall be inspected to determine if it is circular (complete rim) and free of cracks, breaks, or objects that will interfere with the safe steering of the vehicle. The inspection must determine that the steering wheel is original equipment or equivalent, including diameter.</text> </paragraph> <paragraph num="(2)"> <text>Steering Column. Inspection of steering column shall be made to determine if there are any missing, broken, or worn parts and if the column is securely attached to vehicle. If equipped with an energy absorbing steering column, inspect to determine if steering column is capable of functioning as designed and shows no indication of having been collapsed.</text> </paragraph> <paragraph num="(3)"> <text>Lash.</text> </paragraph> <paragraph num="(4)"> <text>Travel.</text> </paragraph> <paragraph num="(5)"> <text>Linkage.</text> </paragraph> <paragraph num="(6)"> <text>Power Steering (If so equipped).</text> </paragraph> <aftertext>Linkage Play. Excessive free play causes wheel shimmy, erratic brake action, and steering control problems. Make sure any looseness detected is not wheel bearing free play.</aftertext> </paragraph> <paragraph num="B."> <text>Wheel Alignment.</text> </paragraph> <paragraph num="C."> <text>Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars, or frame that would affect vehicle stability.</text> <paragraph num="(1)"> <text>Frame/Unibody.</text> </paragraph> <paragraph num="(2)"> <text>Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's procedures and specifications. When required for testing, a 12-inch to 18-inch pry bar shall be utilized which is sufficient to lift the weight of the wheel assembly and prevent excessive pressure or leverage resulting in a possible false reading.</text> </paragraph> <paragraph num="(3)"> <text>Wheel Bearings. Wheel bearings worn or out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.</text> </paragraph> <paragraph num="(4)"> <text>Springs and Torsion Bars. Loose, sagging, or broken springs or torsion bars, worn or deteriorated bushings, loose or extended shackles, and loose or mislocated U-bolts, suspension modifications, or broken center bolts, can cause vehicle handling instability and brake pull.</text> </paragraph> <paragraph num="(5)"> <text>Shock Absorbers and Struts.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Brakes."> <paragraph num="A."> <text>Hydraulic System.</text> <paragraph num="(1)"> <text>Tests and Visual Inspection Procedures. Results will indicate whether or not a vehicle has reasonably safe brakes at the time of inspection. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped. If equipped with power assisted hydraulic brakes, system shall be functioning as designed.</text> </paragraph> <paragraph num="(2)"> <text>All four wheels shall be removed for brake inspection. Do not remove wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Drums and Discs.</text> <paragraph num="(1)"> <text>All four wheels shall be removed for brake inspection. On vehicles equipped with disc brakes some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with one hand.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Linings and Pads. Remove all wheels and drum assemblies for inspection of linings on drum brakes. On vehicles equipped with disc brakes, only removal of the wheels is necessary.</text> </paragraph> <paragraph num="D."> <text>Mechanical Linkage. Mechanical linkage includes the service brake mechanism, parking brake, and manual controls on vehicles equipped for physically handicapped persons.</text> </paragraph> <paragraph num="E."> <text>Power Assisted Brake Systems (If so equipped).</text> </paragraph> <paragraph num="F."> <text>Parking Brake.</text> <paragraph num="(1)"> <text>Parking Brake Function. A positive locking brake shall be provided. It shall be either a hand or foot operated type mechanism as described in SAE J2358, which is incorporated by reference in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Any parking brake shall hold a stopped vehicle firmly on all normal road grades.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Brake system” means a combination of one or more brakes and their related means of operation and control and is equipped with brakes acting on all wheels.</text> </paragraph> <paragraph num="(2)"> <text>“Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system. This function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system.</text> </paragraph> <paragraph num="(3)"> <text>“Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position with a positive mechanical means employed to hold the brake applied when the vehicle is unattended.</text> </paragraph> <paragraph num="(4)"> <text>“Pedal reserve”, as applied to hydraulic, mechanical, or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position. The pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition.</text> </paragraph> <paragraph num="(5)"> <text>“Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.</text> </paragraph> <paragraph num="(6)"> <text>“Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Wheels and Tires."> <paragraph num="A."> <text>This inspection requires the vehicle to be raised on an approved lift.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Bumpers (If so equipped)."> <paragraph num="A."> <text>Bumpers are not required on low speed vehicles. However, if so equipped, they shall be inspected for broken or missing parts, sharp edges, or other conditions that could be hazardous to individuals. The bumpers shall be securely mounted to the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fenders and Flaps."> <paragraph num="A."> <text>A low speed vehicle shall be equipped with fender coverage of front and rear wheels. Inspection shall include condition, mounting, and coverage of wheels and tires.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Asymmetrical beam (nonsymmetrical)” means a beam in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.</text> </paragraph> <paragraph num="(2)"> <text>“Auxiliary driving lamp, auxiliary upper beam lamp, or auxiliary high beam lamp” means a lighting device mounted to provide illumination forward of the vehicle and intended to supplement the upper beam of a standard headlamp system. It is not intended for use alone or with the lower beam of a standard headlamp system.</text> </paragraph> <paragraph num="(3)"> <text>“Backup lamp” means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.</text> </paragraph> <paragraph num="(4)"> <text>“Charge indicator” means a light, gauge, or other source indicating battery charge remaining.</text> </paragraph> <paragraph num="(5)"> <text>“Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.</text> </paragraph> <paragraph num="(6)"> <text>“Emergency warning lamp” means a lamp that provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon, or pairs of alternately or simultaneously flashing lamps.</text> </paragraph> <paragraph num="(7)"> <text>“Fog lamp” means a lamp that may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.</text> </paragraph> <paragraph num="(8)"> <text>“Hazard warning lamp” means a turn signal lamp that flashes simultaneously to warn of the presence of a vehicular hazard.</text> </paragraph> <paragraph num="(9)"> <text>Headlamps.</text> <paragraph num="(a)"> <text>5 3/4 Inch Round Sealed Beam Unit.</text> <paragraph num="(i)"> <text>“Type 1 sealed beam” means a sealed beam unit 5 3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by the number 1 on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>“Type 2 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>"7 inch round sealed beam unit" means a sealed beam unit 7 inches in diameter providing an upper and lower beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam. If there is no identifying number on the lens, it means the sealed beam unit is 7 inches in diameter providing upper and lower beams.</text> </paragraph> <paragraph num="(c)"> <text>"8 inch by 5 inch rectangular sealed beam unit" means a sealed beam unit providing an upper and lower beam. This unit is identified by the number 2B on the lens and is aimed on the lower beam.</text> </paragraph> <paragraph num="(d)"> <text>6 1/2 by 4 1/4 Inch Rectangular Sealed Beam Unit.</text> <paragraph num="(i)"> <text>“Type 1A” means a sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by the number 1A on the lens and is aimed on the upper beam.</text> </paragraph> <paragraph num="(ii)"> <text>“Type 2A” means a sealed beam unit having two filaments, one of which provides fill-in light for the upper beam. This unit is identified by the number 2A on the lens and is aimed on the lower beam.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>5.93 X 3.64 inch Rectangular Sealed Beam Units.</text> <paragraph num="(i)"> <text>“Type LF” means a sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens.</text> </paragraph> <paragraph num="(ii)"> <text>“Type UF” means a sealed beam unit having a single beam filament and providing only an upper beam distribution of light. The unit is identified by the designation UF on the lens.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>“Replaceable bulb headlamp” means a headlamp unit comprised of one or two replaceable standard light sources such as a bulb and a headlamp housing or a lens/reflector unit.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Headlamp lower beam” means a distribution of light as directed to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle, and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.</text> </paragraph> <paragraph num="(11)"> <text>“Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.</text> </paragraph> <paragraph num="(12)"> <text>“Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:</text> <paragraph num="(a)"> <text>Appropriate electrical circuits are in operation;</text> </paragraph> <paragraph num="(b)"> <text>Malfunction of vehicle performance; and</text> </paragraph> <paragraph num="(c)"> <text>Requirement for remedial action by the operator of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Lamp” means a device used to produce artificial light.</text> </paragraph> <paragraph num="(14)"> <text>“Lane changer” means a device, usually incorporated in the turn signal switch, which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and deactivate the signal lamp.</text> </paragraph> <paragraph num="(15)"> <text>“License-plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.</text> </paragraph> <paragraph num="(16)"> <text>“Operating units or switches” means devices by which the functioning of lamps is controlled.</text> </paragraph> <paragraph num="(17)"> <text>“Parking lamp” means lamps used to designate the front of a parked vehicle.</text> </paragraph> <paragraph num="(18)"> <text>“Reflective device” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.</text> </paragraph> <paragraph num="(19)"> <text>“SAE Lighting Identification Code” means a series of standardized markings for lighting devices that a manufacturer or a supplier may use to mark a product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.</text> </paragraph> <paragraph num="(20)"> <text>“Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:</text> <paragraph num="(a)"> <text>One or more sealed beam units (bulb assembly);</text> </paragraph> <paragraph num="(b)"> <text>Means for mounting securely to the vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>Means to permit required aim adjustment.</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>“Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.</text> </paragraph> <paragraph num="(22)"> <text>“Side marker lamp” means a lamp on the left and right sides, beamed to the side and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles 30 feet or more in overall length, are also located at the midpoint (intermediate side marker).</text> </paragraph> <paragraph num="(23)"> <text>“Stop lamp” means a lamp giving a steady warning light to the rear of the vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.</text> </paragraph> <paragraph num="(24)"> <text>“Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beams are:</text> <paragraph num="(a)"> <text>5 3/4 inch diameter type 1, 1C, or 1C1;</text> </paragraph> <paragraph num="(b)"> <text>5 3/4 inch diameter type 2, 2C, or 2C1 (upper beam filament);</text> </paragraph> <paragraph num="(c)"> <text>6 1/2 by 4 1/4 inch type 1A or 1A1;</text> </paragraph> <paragraph num="(d)"> <text>6 1/2 by 4 1/4 inch type 2A, 2A1, 2G1, 2E1, or 2H1 (upper beam filament);</text> </paragraph> <paragraph num="(e)"> <text>8 by 5 inch type 2B or 2B1 (upper beam filament);</text> </paragraph> <paragraph num="(f)"> <text>All 7 inch diameter units (upper beam filament); and</text> </paragraph> <paragraph num="(g)"> <text>Replaceable bulb headlamp (upper beam filament).</text> </paragraph> </paragraph> <paragraph num="(25)"> <text>“Tail lamp” means a lamp used to designate the rear of a vehicle.</text> </paragraph> <paragraph num="(26)"> <text>“Turn signal lamp” means a lamp that provides a flashing warning light to indicate the intended direction of the turn.</text> </paragraph> <aftertext>Agency Note: The following are some examples of replaceable bulb headlamps, Type—HB1—9004 (low and high beam); HB2—9003 (low and high beam); HB3—9005 (high beam); HB4—9006 (low beam); and HB5—9007 (low and high beam). For more information and a complete list of replaceable bulb headlamps, consult an automotive lighting reference or specification guide, or vehicle manufacturer.</aftertext> </paragraph> <paragraph num="B."> <text>General Lamp and Reflector Inspection. This includes all original or required equipment, exterior lighting plus whatever lights are authorized.</text> <paragraph num="(3)"> <text>Aim Inspection.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Headlamps. Only low beam headlamps are currently required on low speed vehicles. If a low speed vehicle is equipped with high and low beam headlamps, both lamps are required to function. A low beam headlamp shall have a minimum of 3,500 candlepower and a high beam headlamp a minimum of 5,000 candlepower. Headlamps that incorporate both high and low beam in the same assembly will be aligned on low beam. Headlamp inspection and aiming by computer image processing method requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle.</text> <paragraph num="(2)"> <text>High Beam. Required to function, if so equipped. Inspect aim of high beam lamp only if high beam lamp has separate adjustment from low beam lamp.</text> </paragraph> <paragraph num="(3)"> <text>Non-Headlamps. Lighting installed by the vehicle manufacturer and used as headlamps, which are not properly marked as headlamps, excluding multibeam road lighting (high and low beam headlamps) that are improperly marked, or are types of lamps identified as other than headlamps. See Agency Note in §C Headlamps.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Fog Lamp and Auxiliary Driving Lamps. Only one spot lamp is allowed. It is not considered an auxiliary driving lamp and has no set mounting height by law. Therefore, it need not be inspected. If a vehicle is equipped with either fog lamps or auxiliary driving lamps, they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which the vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles. Whenever a motor vehicle equipped with required headlamps also is equipped with any auxiliary lamps or a spot lamp or any other lamp on its front, projecting a beam of intensity greater than 300 candlepower, not more than four of these lamps on the front of a vehicle may be lighted at any one time when on a highway.</text> </paragraph> <paragraph num="E."> <text>SAE Identification Code (J759 SAE Handbook).</text> <paragraph num="(1)"> <text>The following list is an identifying code for lights and signaling devices:</text> </paragraph> <paragraph num="(2)"> <text>All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Electrical System."> <paragraph num="A."> <text>The electrical system includes the key/ignition switch, battery pack, power cables, wiring, and necessary connections to power the unit, lighting system, and accessories.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Mirrors."> <paragraph num="A."> <text>Outside Mirrors. As required by 49 CFR §571.500, all vehicles shall be equipped with an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror.</text> </paragraph> <paragraph num="B."> <text>Inside Mirrors. All vehicles not equipped with an inside rearview mirror shall be equipped with an exterior mirror mounted on the passenger side. The inside rearview mirror shall be adjustable and equipped with clear view glass providing a clear stable reflected view 200 feet to the rear.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Vehicle Glazing."> <paragraph num="A."> <text>As required under Federal Motor Vehicle Safety Standards, 49 CFR §571.500 “Low Speed Vehicles”, all low speed vehicles shall be equipped with a windshield that conforms to the federal motor vehicle safety standard on glazing materials, 49 CFR §571.205. Windshields of low speed vehicles must meet the ANSI/SAE Z26.1 —1996 specifications for either AS-1 or AS-4 glazing (incorporated by reference; see 49 CFR §571.5). Safety glazing is marked with the manufacturer's trademark and the letters “AS” followed by a number from 1 through 16B. Only AS-1 or AS-4 composition may be used in the windshield. Safety glazing for 1966 and later models also has a glass manufacturer's model number or a DOT (Department of Transportation) code number. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="B."> <text>Definitions.</text> <paragraph num="(1)"> <text>“Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.</text> </paragraph> <paragraph num="(2)"> <text>“Critical area” means the normal windshield wiper sweep, except the area obscured by hood, fenders, or rearview mirror.</text> </paragraph> <paragraph num="(3)"> <text>“Non-critical area” means all windshield area outside the critical area.</text> </paragraph> <paragraph num="(4)"> <text>“Normal windshield wiper sweep” means the area of windshield cleaned by the windshield wiper, excluding return position on both passenger's and driver's side.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Proper Marking. Inspect glass for proper markings.</text> </paragraph> <paragraph num="D."> <text>Glazing Damage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Windshield Wipers and Washers."> <paragraph num="A."> <text>The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part. Vehicle manufacturers may design vehicle to be equipped with only one windshield wiper.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Hood and Catches."> <paragraph num="A."> <text>Inspection shall consist of operation and presence of hinges, latches, release mechanisms, safety catches, or fasteners, if so equipped, insuring that the hood encloses the motor compartment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Doors, Handles, and Latches (If so equipped)."> <paragraph num="A."> <text>Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles that are equipped with doors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Floor and Trunk Pans."> <paragraph num="A."> <text>Floor and trunk pans shall be inspected for structural integrity and general condition.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Speedometer and Odometer."> <paragraph num="A."> <text>Speedometer and odometer shall be inspected to determine if they are connected and speedometer is operable. The dial and speed increments of speedometer are legible, and calibrated in miles or kilometers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Driver's Seat and All Passenger Seating."> <paragraph num="A."> <text>The vehicle shall provide securely fastened seating arrangements, including a backrest for each intended occupant. The driver's seat shall be inspected for proper operation of the adjusting mechanism, along with any adjustable passenger seat if so equipped.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Safety Belts."> <paragraph num="A."> <text>As required under Federal Motor Vehicle Safety Standards 49 CFR §571.500, Standard No. 500 Low Speed Vehicles, all low speed vehicles shall be equipped with a Type 1 or Type 2 seat belt assembly conforming to §571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, installed at each designated seating position. Seat belt assembly means any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of an accident, including all necessary buckles and other fasteners, and all hardware designed for installing the seat belt assembly in a motor vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Motor, Transaxle, and Transmission Mounts."> <paragraph num="A."> <text>Motor, transaxle, and transmission mounts include any mounting or securing device designed to hold the motor, transaxle, or transmission in a stable position.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Directional Control."> <paragraph num="A."> <text>Inspect the directional control and reverse warning device.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Constant Velocity Joints and Universal Joints."> <paragraph num="A."> <text>Constant velocity joints are generally found on drive axles. Universal joints are generally found on drive shafts and drive axles of vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Modifications."> <paragraph num="A."> <text>ModificationsThe controlling party, owner, person, or organization responsible for the conduct of the operator and maintenance of the low speed vehicle may not perform, or allow to be performed, any modifications or additions which affect capacity, safe operation, maximum speed, or any change not in accordance with the operator's manual without the manufacturer's prior written authorization. Where authorized modifications have been made, the controlling party shall ensure that capacity, operation, warning, and maintenance instruction plates, tags, and decals are changed accordingly. Modifications are described in SAE J2358, which is incorporated by reference in Regulation .02 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Vehicle Identification Number."> <paragraph num="A."> <text>As required under Federal Motor Vehicle Safety Standards 49 CFR §571.500, Standard No. 500 Low Speed Vehicles, the manufacturers of all low speed vehicles shall legibly inscribe the vehicle identification number (VIN) that conforms to the requirements of 49 CFR Part 565 Vehicle Identification Number. Each VIN shall consist of 17 characters.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Certification Label."> <paragraph num="A."> <text>The federal motor vehicle safety certification label shall be affixed to the vehicle and identify it as a Low Speed Vehicle for the regulations under this chapter to apply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Safety Signs and Low Speed Vehicle Disclosure Decal."> <paragraph num="A."> <text>Safety signs, when installed by the vehicle manufacturer, shall be permanently affixed to the vehicle and visible to the operator and occupants as designed by the vehicle manufacturer.</text> </paragraph> <paragraph num="B."> <text>Low Speed Vehicle Disclosure Decal. A low speed vehicle disclosure decal shall be permanently affixed to the underside of the roof of the vehicle near the windshield on the driver's side. This decal shall be approximately 3 inches high by 5 inches wide and contain the disclosure statement information noted below.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)</annotation> </annotations> </chapter> </subtitle> <subtitle num="15" heading="Motor Vehicle Administration — Vehicle Registration"> <chapter num="01" heading="Gratis Registration Plates" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 5, 1982 (9:13 Md. R. 1351); January 9, 2000 (26:27 Md. R. 2015)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 30, 2018 (45:15 Md. R. 724)</annotation> </annotations> </chapter> <chapter num="02" heading="Transporter Registration Plates"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>Applicants for transporter registration shall make application to the Administration on forms prescribed by the Administration.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Requirements."> <paragraph num="A."> <text>The fixed location shall meet all local zoning regulations.</text> </paragraph> <paragraph num="B."> <text>A current trader's license shall be issued if required by the political subdivision for the location shown on the application for transporter registration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .02 and .03 amended effective September 17, 1975 (2:21 Md. R. 1340)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 15, 1979 (6:12 Md. R. 1051)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 29, 1996 (23:2 Md. R. 96)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective January 29, 1996 (23:2 Md. R. 96)</annotation> </annotations> </chapter> <chapter num="03" heading="Recreational Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>For the purpose of administering the provisions of Transportation Article, §13-937, Annotated Code of Maryland, and defining a motor home under Commercial Law Article, §14-1501, Annotated Code of Maryland, a “motor home” means a vehicle:</text> <paragraph num="(a)"> <text>Designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van; and</text> </paragraph> <paragraph num="(b)"> <text>Containing permanently installed life support systems which provide at least four of the following facilities:</text> <paragraph num="(i)"> <text>Cooking,</text> </paragraph> <paragraph num="(ii)"> <text>Refrigeration or ice box,</text> </paragraph> <paragraph num="(iii)"> <text>Self-contained toilet,</text> </paragraph> <paragraph num="(iv)"> <text>Heating, air conditioning, or both,</text> </paragraph> <paragraph num="(v)"> <text>A potable water supply system including a faucet and sink,</text> </paragraph> <paragraph num="(vi)"> <text>Separate 110—125 volt electrical power supply, or</text> </paragraph> <paragraph num="(vii)"> <text>an LP gas supply.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A “motor vehicle”, as defined under Commercial Law Article, §4-1501, Annotated Code of Maryland, does not include a motor home as defined in this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Registration Plate."> <text>A motor home shall display a Class M (multipurpose passenger vehicle) registration plate.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Amended effective May 12, 1976 (3:10 Md. R. 530)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective September 21, 1979 (6:19 Md. R. 1520)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 28, 1990 (17:10 Md. R. 1220)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 adopted effective May 28, 1990 (17:10 Md. R. 1220)</annotation> </annotations> </chapter> <chapter num="04" heading="Class B Vehicle Requirements"> <regulation prefix="Regulation" num=".01" heading="Application for Exemption Certificate."> <paragraph num="A."> <text>Before the issuance of any Class B registration plates by the Administration, the owner of any passenger vehicle which is used to transport passengers for hire shall file an application for an exemption certificate with the Public Service Commission, in such a manner and on such forms as may be prescribed by the Public Service Commission, except in the following cases:</text> <paragraph num="(1)"> <text>Vehicles used by bona fide funeral directors, which are exclusively owned and operated by and for funeral establishments;</text> </paragraph> <paragraph num="(2)"> <text>Taxicabs operating in a jurisdiction regulated by the Public Service Commission, where taxicab permits are issued.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon approval for an exemption certificate by the Public Service Commission and upon presentation to this administration of the certificate, the owner of the passenger vehicles which are transporting passengers for hire may make application for and be issued Class B Registration Plates.</text> </paragraph> <paragraph num="C."> <text>Nothing in these regulations shall be construed as prohibiting the display of Class B registration plates instead of Class C registration plates for vehicles used also by funeral establishments or used as ambulances.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> </annotations> </chapter> <chapter num="05" heading="Unorthodox Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Constructed vehicle” means any vehicle which has been assembled by anyone other than a manufacturer of vehicles, and the chassis of another vehicle which has been assembled by a bona fide manufacturer was not used during the course of construction.</text> </paragraph> <paragraph num="(2)"> <text>“Reconstructed vehicle” means any vehicle which has been assembled from the chassis and other parts of vehicles which were originally constructed by bona fide manufacturers of vehicles.</text> </paragraph> <paragraph num="(3)"> <text>Unorthodox Vehicle.</text> <paragraph num="(a)"> <text>“Unorthodox vehicle” means a vehicle which is unusual in design and which deviates from the types of vehicles required to be titled and registered under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, regardless if the vehicle was assembled by a bona fide vehicle manufacturer or by any other person.</text> </paragraph> <paragraph num="(b)"> <text>“Unorthodox vehicle” includes motorized wheel chairs, minibikes, trail machines, beach buggies, dune buggies, and any other similar type of vehicle.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following document is incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Document Incorporated. 49 CFR §§571.101—571.302 (1993).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Vehicles to be Registered as Class A Passenger Vehicles."> <text>Constructed, reconstructed, or unorthodox vehicles to be registered as Class A passenger vehicles shall:</text> <paragraph num="A."> <text>Be inspected and approved by an authorized Maryland inspection station before applying for title and registration;</text> </paragraph> <paragraph num="B."> <text>Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland, which shall be inspected and approved by an authorized Maryland inspection station; and</text> </paragraph> <paragraph num="C."> <text>Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Vehicles to be Registered as Class D Motorcycles."> <paragraph num="A."> <text>Constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall:</text> <paragraph num="(1)"> <text>Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The owners of constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall certify that the vehicle complies with the provisions of §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Vehicles to be Registered as Class E Trucks."> <paragraph num="A."> <text>Constructed, reconstructed, or unorthodox vehicles to be registered as Class E trucks shall meet the requirements in §§B—D of this regulation.</text> </paragraph> <paragraph num="B."> <text>The original design of the vehicle shall be for the purpose of transporting freight or merchandise and the use of the vehicle shall be restricted to that purpose.</text> </paragraph> <paragraph num="C."> <text>Hauling Compartment.</text> <paragraph num="(1)"> <text>A vehicle shall be built in such a manner as to provide a hauling compartment which shall:</text> <paragraph num="(a)"> <text>Be permanently attached to the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Be separated from the passenger compartment; and</text> </paragraph> <paragraph num="(c)"> <text>Have a capacity of at least 12 cubic feet.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The trunk of a passenger vehicle or the rear portion of a station wagon, when the seats are folded down or removed, is not considered a hauling compartment.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A vehicle shall be equipped with equipment and mechanisms which comply with the provisions of Transportation Article, Title 22, Annotated Code of Maryland, and 49 CFR §§571.101—571.302, which are incorporated by reference.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 17, 1996 (23:12 Md. R. 872)</annotation> </annotations> </chapter> <chapter num="06" heading="Historic Motor Vehicles" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 7, 1976 (3:14 Md. R. 750); August 3, 1977 (4:16 Md. R. 1213); June 30, 1978 (5:13 Md. R. 1064); November 17, 1978 (5:23 Md. R. 1741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective July 7, 1976 (3:14 Md. R. 750); August 3, 1977 (4:16 Md. R. 1213); June 30, 1978 (5:13 Md. R. 1064); July 13, 1979 (6:14 Md. R. 1208); May 30, 1980 (7:11 Md. R. 1039); August 3, 1981 (8:15 Md. R. 1309); July 5, 1982 (9:13 Md. R. 1351); July 4, 1983 (10:13 Md. R. 1180); December 31, 1984 (11:26 Md. R. 2279)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective May 26, 1976 (3:13 Md. R. 719); adopted permanently effective October 13, 1976 (3:21 Md. R. 1207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted as an emergency provision effective May 26, 1976 (3:13 Md. R. 719); adopted permanently effective October 13, 1976 (3:21 Md. R. 1207)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.06 adopted as an emergency provision effective August 29, 1985 (12:19 Md. R. 1845); adopted permanently effective December 16, 1985 (12:25 Md. R. 2472)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2753); January 1, 2007 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 2, 1987 (14:22 Md. R. 2340); January 1, 2007 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 1, 2007 (33:25 Md. R. 1952)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 repealed effective October 24, 2016 (43:21 Md. R. 1167)</annotation> </annotations> </chapter> <chapter num="07" heading="Special Registration Number — Personalized Plates" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: August 1, 1974</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C and F amended effective May 14, 1975 (2:10 Md. R. 752)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 3, 1981 (8:15 Md. R. 1310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01—.03 adopted effective January 27, 1986 (13:2 Md. R. 137)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 23, 1989 (16:1 Md. R. 71); December 29, 1997 (24:26 Md. R. 1759); October 18, 1999 (26:21 Md. R. 1630)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective July 30, 2018 (45:15 Md. R. 724)</annotation> </annotations> </chapter> <chapter num="08" heading="Special Mobile Equipment"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>These regulations clarify the definition of special mobile equipment contained in Transportation Article, § 11-159, Annotated Code of Maryland, and set out the special application procedures to be followed in order to obtain special mobile equipment registration designation.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Special mobile equipment (SME)” means a vehicle as defined in Transportation Article, §11-159, Annotated Code of Maryland, and these regulations.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligibility Factors For Special Mobile Equipment Designation."> <paragraph num="A."> <text>Special mobile equipment may not be designed primarily for the highway transportation of people or property.</text> </paragraph> <paragraph num="B."> <text>Self-propelled special mobile equipment may not be designed to transport more than two individuals.</text> </paragraph> <paragraph num="C."> <text>Special mobile equipment may have only minimal hauling capacity and may haul only the property or equipment necessary to operate the SME.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application Procedures."> <paragraph num="A."> <text>Application for special mobile equipment registration plates shall be made on the forms provided by the Administration and shall be submitted to the Licensing and Consumer Services Division of the Administration.</text> </paragraph> <paragraph num="B."> <text>Photographs of each type of equipment sought to be designated as special mobile equipment shall be submitted with the application.</text> </paragraph> <paragraph num="C."> <text>An inspection of the type of equipment sought to be designated as special mobile equipment may be conducted by the Administration or the Maryland State Police.</text> </paragraph> <paragraph num="D."> <text>The Administration shall refuse to issue special mobile equipment registration plates:</text> <paragraph num="(1)"> <text>To an applicant who has not complied with the requirements of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>For any vehicle which it determines does not meet the definition of special mobile equipment or does not otherwise qualify for the registration designation under this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Suspension or Revocation of Special Mobile Equipment Plates."> <text>The Administration may cancel, suspend, or revoke special mobile equipment registration plates if it determines that:</text> <paragraph num="A."> <text>During the period for which the SME registration plates were issued the vehicle was used in a manner rendering it ineligible for SME registration plates;</text> </paragraph> <paragraph num="B."> <text>The SME registration plates were used on a vehicle other than the type of equipment represented to this Administration under Regulation .04B of this chapter; or</text> </paragraph> <paragraph num="C."> <text>The SME registration is otherwise subject to cancellation, suspension, or revocation under Transportation Article, §13-705, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 1, 1974 (1:2 Md. R. 112)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective March 7, 1980 (7:5 Md. R. 475)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)</annotation> </annotations> </chapter> <chapter num="09" heading="Temporary Registration"> <regulation prefix="Regulation" num=".01" heading="Purpose of Temporary Registration."> <text>In order to allow an applicant for title and registration the means to transport a vehicle to be titled and registered to and from an authorized Maryland inspection station, weighing station, or repair facility, the Motor Vehicle Administrator may permit the issuance of temporary registration in accordance with Transportation Article, §13-405, Annotated Code of Maryland, upon the submission of application for title and registration accompanied by the proper fees as set forth in COMAR 11.11.05.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Term of Validity of Temporary Registration."> <text>The temporary registration shall be valid for a period not to exceed 60 days succeeding the date of issuance. The temporary registration shall be used by the applicant for the purpose of transporting a vehicle to and from an authorized Maryland inspection station, weighing station, or repair facility to have the vehicle inspected, weighed, or repaired in compliance with the Transportation Article, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Instructions for Use of Temporary Plates."> <text>Upon receipt of the temporary registration, the applicant shall affix the metal registration plates on the vehicle as required by Transportation Article, §13-411, Annotated Code of Maryland. The temporary registration card shall be carried in the vehicle during its validity as required by the Transportation Article, §13-409, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Expiration of Temporary Registration."> <paragraph num="A."> <text>The temporary registration expires at midnight on the expiration date indicated on the temporary registration.</text> </paragraph> <paragraph num="B."> <text>New validation tabs and a registration card shall be issued by the Administration:</text> <paragraph num="(1)"> <text>On receipt of a valid vehicle inspection certificate issued by an authorized Maryland inspection station certifying that the vehicle has passed a safety inspection; and</text> </paragraph> <paragraph num="(2)"> <text>Upon payment of the required fees as set forth in COMAR 11.11.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Repealed." /> <regulation prefix="Regulation" num=".06" heading="Scope."> <text>The provisions of these regulations apply only to sales between persons who are not licensed dealers.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1974 (1:1 Md. R. 76)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective May 4, 1979 (6:9 Md. R. 729)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)</annotation> </annotations> </chapter> <chapter num="10" heading="Amateur Radio Operator Registration Plates"> <regulation prefix="Regulation" num=".01" heading="Issuance of Amateur Radio Operator Registration Plates."> <paragraph num="A."> <text>Amateur radio vehicle registration plates shall be issued to owners of Class A passenger vehicles or Class E truck vehicles with a 1-ton or less manufacturer's rated capacity. The Administration, at its discretion, may issue Class A or Class E vehicle registration plates to applicants for amateur radio registration plates during the period of time required to manufacture the amateur radio registration plates.</text> </paragraph> <paragraph num="B."> <text>In every instance, upon issuance of the amateur radio registration plates, the applicant shall surrender the previously issued Class A or Class E registration plates.</text> </paragraph> <paragraph num="C."> <text>The fee for amateur radio registration plates is as set forth in COMAR 11.11.05.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-617, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 5, 1975 (2:3 Md. R. 154)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 29, 1976 (3:20 Md. R. 1144);</annotation> <annotation type="History" subtype="Administrative History">January 1, 1992 (18:25 Md. R. 2753); December 29, 1997 (24:26 Md. R. 1759)</annotation> </annotations> </chapter> <chapter num="11" heading="Registration Transfer"> <regulation prefix="Regulation" num=".01" heading="Repealed." /> <regulation prefix="Regulation" num=".02" heading="Transfer of Registration Plates."> <paragraph num="A."> <text>Registration plates may be transferred to a newly acquired vehicle within the same classification provided:</text> <paragraph num="(1)"> <text>(1) Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued; and</text> </paragraph> <paragraph num="(2)"> <text>The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Registration plates may be transferred to a newly acquired vehicle outside of the same classification provided:</text> <paragraph num="(1)"> <text>Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued;</text> </paragraph> <paragraph num="(2)"> <text>The vehicle classification of the newly acquired vehicle is class A, E, or M;</text> </paragraph> <paragraph num="(3)"> <text>The vehicle classification of the vehicle to which the plates are currently issued is class A, E, or M; and</text> </paragraph> <paragraph num="(4)"> <text>The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If registration plates are transferred and less than 12 months remain in the registration year, the Administration may renew the registration plates for 1 year in addition to the period remaining on the original registration term.</text> </paragraph> <paragraph num="D."> <text>Substitute registration plates may be issued for unrecovered plates on an unrecovered stolen vehicle, provided the Administration has a record of the stolen vehicle. The substitute plates may then be transferred pursuant to this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Transfer of Registration Plates—Surviving Spouse."> <paragraph num="A."> <text>Registration plates may be transferred to a surviving spouse upon completion of a title transfer pursuant to COMAR 11.15.14.05.</text> </paragraph> <paragraph num="B."> <text>The Administration shall not impose a tag transfer fee if the vehicle is being transferred to a surviving spouse.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-410, 13-501, 13-502.1, and 13-503.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed effective September 16, 1991 (18:18 Md. R. 2006)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202); December 22, 2025 (52:25 Md. R. 1269)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective November 13, 2000 (27:22 Md. R. 2061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective August 3, 1981 (8:15 Md. R. 1310)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective September 16, 1991 (18:18 Md. R. 2006)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective December 22, 2025 (52:25 Md. R. 1269)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective December 22, 2025 (52:25 Md. R. 1269)</annotation> </annotations> </chapter> <chapter num="12" heading="Titling and Multiyear Registration for Fleet Vehicles"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish regulations to govern the issuance of titles and multiyear registrations for fleet vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Administrator” means the Administrator of the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Fleet” means 10 or more vehicles.</text> </paragraph> <paragraph num="(4)"> <text>“Multiyear registration period” means a period of up to 4 years.</text> </paragraph> <paragraph num="(5)"> <text>“Owner” means a person, or persons, in whose name, or names, a vehicle is properly registered.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Title Process."> <paragraph num="A."> <text>The owner of fleet vehicles may apply electronically for a Maryland title.</text> </paragraph> <paragraph num="B."> <text>All paperwork and fees shall be submitted to the Administration within 5 days of submission of the electronic title application.</text> </paragraph> <paragraph num="C."> <text>The Administration may suspend the fleet registration privileges of any owner who does not submit the paperwork and fees within 5 days from submission of the electronic title application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Temporary Authorization Certificate."> <paragraph num="A."> <text>A temporary authorization certificate may be obtained for a fleet vehicle upon receipt of an electronic application for title.</text> </paragraph> <paragraph num="B."> <text>A temporary authorization certificate issued under this regulation is:</text> <paragraph num="(1)"> <text>Not transferable; and</text> </paragraph> <paragraph num="(2)"> <text>Not subject to a fee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Multiyear Registration."> <paragraph num="A."> <text>Fleet vehicles are eligible for a multiyear registration period.</text> <paragraph num="(1)"> <text>Except as provided in §§A(2) and (3) of this regulation, the owner of a fleet vehicle may renew a fleet vehicle registration for a period of 2, 3 or 4 years.</text> </paragraph> <paragraph num="(2)"> <text>The following classes of fleet vehicle registrations may be renewed for a period of 1, 2, or 3 years:</text> <paragraph num="(a)"> <text>Class E, trucks with a gross vehicle weight of 10,000 pounds to 54,000 pounds; and</text> </paragraph> <paragraph num="(b)"> <text>Class F, tractors with a gross vehicle weight of up to 54,000 pounds.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The following classes of fleet vehicle registrations shall be renewed annually:</text> <paragraph num="(a)"> <text>Class E, trucks with a gross vehicle weight of 55,000 pounds or more;</text> </paragraph> <paragraph num="(b)"> <text>Class F, tractors with a gross vehicle weight of 55,000 pounds or more;</text> </paragraph> <paragraph num="(c)"> <text>Class J, van pool;</text> </paragraph> <paragraph num="(d)"> <text>Class P, passenger buses; and</text> </paragraph> <paragraph num="(e)"> <text>Class T, tow trucks.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The annual registration fees are as set forth in Transportation Article, Title 13, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Whenever a prorated fee is assessed, the amount shall be calculated by dividing the annual registration fee by the number of months for which the issuance or renewal is made.</text> </paragraph> <paragraph num="D."> <text>If a vehicle issued a multiyear fleet registration is sold or traded:</text> <paragraph num="(1)"> <text>The registration plates shall be:</text> <paragraph num="(a)"> <text>Removed from the vehicle and returned to the Administration for cancellation; or</text> </paragraph> <paragraph num="(b)"> <text>Transferred to another vehicle as provided in Transportation Article, §13-502.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A refund shall be issued as provided in Transportation Article, §13-413, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Lost or Damaged Plates."> <paragraph num="A."> <text>The owner shall immediately notify the Administration, in writing, when any multiyear registration plates are lost or stolen.</text> </paragraph> <paragraph num="B."> <text>When multiyear registration plates become damaged, mutilated, or illegible, the owner shall:</text> <paragraph num="(1)"> <text>Return the plates to the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Make application for substitute plates; and</text> </paragraph> <paragraph num="(3)"> <text>Pay the required fee as set forth in COMAR 11.11.05.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 21, 1976 (3:15 Md. R. 791)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)</annotation> </annotations> </chapter> <chapter num="13" heading="Issuance of a Nonresident Permit"> <regulation prefix="Regulation" num=".01" heading="Purpose and Scope."> <paragraph num="A."> <text>The purpose of these regulations is to require a nonresident who temporarily occupies or maintains a dwelling in this State for a period in excess of 30 days to obtain, upon application, a nonresident permit instead of registration.</text> </paragraph> <paragraph num="B."> <text>This chapter applies to the following:</text> <paragraph num="(1)"> <text>An individual who is not a resident as defined in Transportation Article, §11-149, Annotated Code of Maryland, and COMAR 11.11.06.02;</text> </paragraph> <paragraph num="(2)"> <text>An individual temporarily employed in Maryland for a period not to exceed 1 year;</text> </paragraph> <paragraph num="(3)"> <text>A nonresident who is a student enrolled in an accredited school, college, or university in this State, a bordering state, or the District of Columbia, or who is serving a medical internship in this State for a period in excess of 30 days;</text> </paragraph> <paragraph num="(4)"> <text>A member of the armed forces of the United States or of the United States Public Health Service serving on active duty in this State, an adjoining state, or the District of Columbia; or</text> </paragraph> <paragraph num="(5)"> <text>A visitor or vacationer temporarily maintaining or occupying a dwelling in this State for a period not to exceed 1 year, and maintaining a permanent dwelling in another state.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification of Nonresidency."> <paragraph num="A."> <text>An applicant applying for a nonresident permit under this chapter shall provide proof satisfactory to the Administration of the applicant's nonresident status.</text> </paragraph> <paragraph num="B."> <text>Proof of Nonresidency.</text> <paragraph num="(1)"> <text>An applicant temporarily employed in Maryland shall provide a letter on company letterhead from the applicant's employer indicating the length of the applicant's employment in Maryland.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is a student shall provide:</text> <paragraph num="(a)"> <text>Valid student identification; or</text> </paragraph> <paragraph num="(b)"> <text>A college registration receipt indicating current enrollment.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An applicant who is a member of the armed forces of the United States shall provide:</text> <paragraph num="(a)"> <text>A valid U.S. military identification card; or</text> </paragraph> <paragraph num="(b)"> <text>Written verification from the applicant's commanding officer.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An applicant visiting or vacationing in Maryland shall provide a written statement setting forth the reason and length of stay in Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Evidence of Required Security."> <text>An applicant shall provide proof that the vehicle for which the permit is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Fees."> <text>A nonrefundable fee as set forth in COMAR 11.11.05 shall be assessed each time new or substitute nonresident permits are issued or renewed. This fee may not be prorated.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Placement of Permit."> <paragraph num="A."> <text>Upon receipt of the nonresident permit, the applicant shall affix the sticker to the inside of the front windshield in the lower right corner within a 7-inch square of the corner.</text> </paragraph> <paragraph num="B."> <text>On trailers, motorcycles, and any vehicle without a windshield, the nonresident permit shall be affixed in a position on the vehicle that is readily visible.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Nonresident Registration."> <text>The registration issued with the permit shall be kept with the vehicle and exhibited upon demand to any law enforcement personnel.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Expiration and Renewal of Nonresident Permit."> <paragraph num="A."> <text>A nonresident permit issued under Regulation .02B(1) and (4) of this chapter expires within 1 year of the issuance of the original permit and may not be renewed or reissued.</text> </paragraph> <paragraph num="B."> <text>A nonresident permit issued under Regulation .02B(2) of this chapter expires annually, but may be renewed if otherwise eligible under Transportation Article, §13-402.1(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>A nonresident permit issued under Regulation .02B(3) of this chapter may be renewed if the registration plates of the vehicle to which it is issued are valid.</text> </paragraph> <paragraph num="D."> <text>A nonresident permit issued under Regulation .02B(4) of this chapter is valid for a period not to exceed 6 months in any 1 calendar year.</text> </paragraph> <paragraph num="E."> <text>Upon expiration of the permit, the applicant shall apply for:</text> <paragraph num="(1)"> <text>Maryland registration; or</text> </paragraph> <paragraph num="(2)"> <text>A second nonresident permit if the:</text> <paragraph num="(a)"> <text>Vehicle for which it is issued displays current registration plates certified by the owner's state or country, and</text> </paragraph> <paragraph num="(b)"> <text>Applicant is eligible for a renewal under this regulation and Transportation Article, §13-402.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Issuance of a Nonresident Permit by an Agent."> <paragraph num="A."> <text>The Administration may designate agents to issue nonresident permits.</text> </paragraph> <paragraph num="B."> <text>An agent shall be a:</text> <paragraph num="(1)"> <text>Maryland-accredited school, college, or university;</text> </paragraph> <paragraph num="(2)"> <text>County government, as defined in COMAR 11.15.18.01; or</text> </paragraph> <paragraph num="(3)"> <text>Municipality.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Agents issuing nonresident permits shall ensure that applicants comply with the provisions of Regulations .01—.07 of this chapter.</text> </paragraph> <paragraph num="D."> <text>In addition to the fee set forth in Regulation .04 of this chapter, agents may collect and retain a fee not to exceed $4 to offset any expenses incurred in issuing nonresident permits.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 3, 1978 (5:22 Md. R. 1675)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)</annotation> </annotations> </chapter> <chapter num="14" heading="Certificates of Title"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to specify the documents and information needed for the Administration to issue a certificate of title for a vehicle and to clarify the Administration's policy regarding the refusal to issue a certificate of title for a vehicle if an applicant fails to furnish certain information or documents required by statute or regulation for the following title transaction types:</text> <paragraph num="A."> <text>New vehicles;</text> </paragraph> <paragraph num="B."> <text>Used vehicles sold by a dealer;</text> </paragraph> <paragraph num="C."> <text>Used vehicles sold or transferred from someone other than a dealer;</text> </paragraph> <paragraph num="D."> <text>Used vehicles titled in the applicant's name in another jurisdiction and now being titled in Maryland;</text> </paragraph> <paragraph num="E."> <text>Vehicles being titled as a result of a repossession;</text> </paragraph> <paragraph num="F."> <text>Vehicles being titled as a result of a mechanic's lien;</text> </paragraph> <paragraph num="G."> <text>Vehicles being titled as the result of a sheriff's sale;</text> </paragraph> <paragraph num="H."> <text>Vehicles being titled by a court order;</text> </paragraph> <paragraph num="I."> <text>Reconstructed vehicles;</text> </paragraph> <paragraph num="J."> <text>Glider kits and kit cars;</text> </paragraph> <paragraph num="K."> <text>Homemade trailers; and</text> </paragraph> <paragraph num="L."> <text>Kit trailers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Applicant” means the person requesting a certificate of title for a vehicle.</text> </paragraph> <paragraph num="(3)"> <text>“ASED” means the Automotive Safety Enforcement Division of the Department of State Police.</text> </paragraph> <paragraph num="(4)"> <text>“Bill of sale” means a written statement certifying the:</text> <paragraph num="(a)"> <text>Ownership of something has been transferred; and</text> </paragraph> <paragraph num="(b)"> <text>Exchange of property for an agreed sum of money or other valuable consideration.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Certificate of Title.</text> <paragraph num="(a)"> <text>“Certificate of title” means a document or electronic record evidencing ownership and commonly associated with motor vehicles.</text> </paragraph> <paragraph num="(b)"> <text>“Certificate of title” does not include a salvage certificate.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Vehicle identification number (VIN)” has the meaning stated in Transportation Article, §11-177, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="New Vehicles."> <paragraph num="A."> <text>An applicant for a certificate of title for a new vehicle shall provide the Administration with:</text> <paragraph num="(1)"> <text>A certificate of origin;</text> </paragraph> <paragraph num="(2)"> <text>A completed application for a certificate of title;</text> </paragraph> <paragraph num="(3)"> <text>A dealer's reassignment or reassignments;</text> </paragraph> <paragraph num="(4)"> <text>A dealer's bill of sale; and</text> </paragraph> <paragraph num="(5)"> <text>An odometer disclosure certification as required by COMAR 11.13.06.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on an application for a certificate of title or a dealer's reassignment.</text> </paragraph> <paragraph num="C."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;</text> </paragraph> <paragraph num="(4)"> <text>A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error or alteration to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(7)"> <text>The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;</text> </paragraph> <paragraph num="(9)"> <text>Certain documents are lost or omitted and the applicant fails to furnish:</text> <paragraph num="(a)"> <text>A letter of indemnification which is subject to the approval of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Photocopies of lost documents;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:</text> <paragraph num="(a)"> <text>Letters of administration/testamentary;</text> </paragraph> <paragraph num="(b)"> <text>A legal heir form; or</text> </paragraph> <paragraph num="(c)"> <text>A death certificate;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home, is not furnished;</text> </paragraph> <paragraph num="(12)"> <text>The vehicle is an import and the following documents are not furnished:</text> <paragraph num="(a)"> <text>One of the following:</text> <paragraph num="(i)"> <text>Appropriate U.S. Customs forms; or</text> </paragraph> <paragraph num="(ii)"> <text>If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:</text> <paragraph num="(i)"> <text>Receipts for conversion work, or</text> </paragraph> <paragraph num="(ii)"> <text>A bond release letter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>The applicant has requested a replacement VIN but has not:</text> <paragraph num="(a)"> <text>Furnished an application for an assigned VIN; or</text> </paragraph> <paragraph num="(b)"> <text>Had a VIN inspection completed by an authorized police officer in this State;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>The vehicle is a two-stage vehicle and both certificates of origin are not presented; or</text> </paragraph> <paragraph num="(15)"> <text>The vehicle is purchased directly from a manufacturer and an invoice is not presented.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Used Vehicles Sold by a Dealer."> <paragraph num="A."> <text>An applicant for a certificate of title to be issued for a used vehicle sold by a dealer shall provide the Administration with:</text> <paragraph num="(1)"> <text>A properly assigned certificate of title or other acceptable ownership document or electronic record from the jurisdiction in which the vehicle was last registered;</text> </paragraph> <paragraph num="(2)"> <text>A completed application for a certificate of title;</text> </paragraph> <paragraph num="(3)"> <text>A dealer's reassignment or reassignments;</text> </paragraph> <paragraph num="(4)"> <text>A dealer's bill of sale;</text> </paragraph> <paragraph num="(5)"> <text>Except for §C(14) of this regulation, a Maryland safety inspection certificate; and</text> </paragraph> <paragraph num="(6)"> <text>An odometer disclosure certification as required by COMAR 11.13.06.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on the application for a certificate of title or dealer's reassignment.</text> </paragraph> <paragraph num="C."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;</text> </paragraph> <paragraph num="(4)"> <text>A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error oralteration to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(7)"> <text>The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;</text> </paragraph> <paragraph num="(9)"> <text>Certain documents are lost or omitted and the applicant fails to furnish:</text> <paragraph num="(a)"> <text>A letter of indemnification which is subject to the approval of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Photocopies of the lost documents;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided:</text> <paragraph num="(a)"> <text>Letters of administration/testamentary;</text> </paragraph> <paragraph num="(b)"> <text>A legal heir form; or</text> </paragraph> <paragraph num="(c)"> <text>A death certificate;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;</text> </paragraph> <paragraph num="(12)"> <text>The vehicle is an import and the following documents are not furnished:</text> <paragraph num="(a)"> <text>One of the following:</text> <paragraph num="(i)"> <text>Appropriate U.S. Customs forms; or</text> </paragraph> <paragraph num="(ii)"> <text>If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:</text> <paragraph num="(i)"> <text>Receipts for conversion work; or</text> </paragraph> <paragraph num="(ii)"> <text>A bond release letter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>The vehicle was subject to a security interest and a proper termination statement is not furnished:</text> <paragraph num="(a)"> <text>On a Maryland Notice of Security Interest Filing form;</text> </paragraph> <paragraph num="(b)"> <text>On a title;</text> </paragraph> <paragraph num="(c)"> <text>On a letter on the lien holder's letterhead; or</text> </paragraph> <paragraph num="(d)"> <text>By electronic transmission from an approved vendor;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>Except for trucks with a gross vehicle weight of 1 ton or more, truck tractors, and freight trailers, which Maryland dealers may sell without an inspection, the vehicle was sold by a Maryland dealer and the:</text> <paragraph num="(a)"> <text>Vehicle's most current safety inspection is over 6 months old;</text> </paragraph> <paragraph num="(b)"> <text>Vehicle has traveled more than 1,000 miles since the inspection certificate was issued; or</text> </paragraph> <paragraph num="(c)"> <text>Vehicle was sold uninspected for dismantling or rebuilding and the dealer has not furnished a statement to indicate that the vehicle was sold for dismantling or rebuilding;</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;</text> </paragraph> <paragraph num="(16)"> <text>The applicant has requested a replacement VIN but has not:</text> <paragraph num="(a)"> <text>Furnished an application for an assigned VIN; or</text> </paragraph> <paragraph num="(b)"> <text>Had a VIN inspection completed by an authorized police officer in this State; or</text> </paragraph> </paragraph> <paragraph num="(17)"> <text>The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Used Vehicles Sold or Transferred from Someone Other Than a Dealer."> <paragraph num="A."> <text>An applicant for a certificate of title for a used vehicle transferred from someone other than a dealer shall provide the Administration with a:</text> <paragraph num="(1)"> <text>Properly assigned certificate of title or other ownership document or electronic record acceptable to the Administration from the jurisdiction in which the vehicle was last registered; and</text> </paragraph> <paragraph num="(2)"> <text>Completed application for a certificate of title.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;</text> </paragraph> <paragraph num="(4)"> <text>A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>An error or alteration in the documents furnished has occurred and a letter of explanation or certified statements does not clarify the error or alteration to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(7)"> <text>The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;</text> </paragraph> <paragraph num="(9)"> <text>Certain documents are lost or omitted and the applicant fails to furnish:</text> <paragraph num="(a)"> <text>A letter of indemnification which is subject to the approval of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Photocopies of lost documents;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:</text> <paragraph num="(a)"> <text>Letters of administration/testamentary;</text> </paragraph> <paragraph num="(b)"> <text>A legal heir form; or</text> </paragraph> <paragraph num="(c)"> <text>A death certificate;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;</text> </paragraph> <paragraph num="(12)"> <text>The vehicle is an import and the following documents are not furnished:</text> <paragraph num="(a)"> <text>One of the following:</text> <paragraph num="(i)"> <text>Appropriate U.S. Customs forms; or</text> </paragraph> <paragraph num="(ii)"> <text>If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:</text> <paragraph num="(i)"> <text>Receipts for conversion work, or</text> </paragraph> <paragraph num="(ii)"> <text>A bond release letter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(13)"> <text>The vehicle was subject to a security interest and a proper termination statement is not furnished:</text> <paragraph num="(a)"> <text>On a Maryland Notice of Security Interest Filing form;</text> </paragraph> <paragraph num="(b)"> <text>On a title;</text> </paragraph> <paragraph num="(c)"> <text>On a letter on the lien holder's letterhead; or</text> </paragraph> <paragraph num="(d)"> <text>By electronic transmission from an approved vendor;</text> </paragraph> </paragraph> <paragraph num="(14)"> <text>The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;</text> </paragraph> <paragraph num="(15)"> <text>The applicant has requested a replacement VIN but has not:</text> <paragraph num="(a)"> <text>Furnished an application for an assigned VIN; or</text> </paragraph> <paragraph num="(b)"> <text>Had a VIN inspection completed by an authorized police officer in this State;</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”;</text> </paragraph> <paragraph num="(17)"> <text>The vehicle is less than 7 years old and the applicant:</text> <paragraph num="(a)"> <text>Did not furnish a notarized bill of sale; and</text> </paragraph> <paragraph num="(b)"> <text>Refuses to pay excise tax based on the greater of the purchase price or the book value of the vehicle;</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>The purchase price on the title is left blank and the applicant fails to produce a bill of sale;</text> </paragraph> <paragraph num="(19)"> <text>The assignment of ownership is signed by the seller, but:</text> <paragraph num="(a)"> <text>The space provided for the purchaser's name is left blank; and</text> </paragraph> <paragraph num="(b)"> <text>A bill of sale is not furnished;</text> </paragraph> </paragraph> <paragraph num="(20)"> <text>A Maryland titled vehicle is transferred as a gift between family members and the applicant fails to furnish a:</text> <paragraph num="(a)"> <text>Gift certification form; and</text> </paragraph> <paragraph num="(b)"> <text>Proof of relationship certification;</text> </paragraph> </paragraph> <paragraph num="(21)"> <text>A vehicle with an open lien is transferred as a gift between a parent and child, and the transferor and transferee fail to furnish a statement signed by both parties, identifying the individual who:</text> <paragraph num="(a)"> <text>Paid the down payment;</text> </paragraph> <paragraph num="(b)"> <text>Paid the taxes;</text> </paragraph> <paragraph num="(c)"> <text>Made all previous payments; and</text> </paragraph> <paragraph num="(d)"> <text>Incurred the obligation for continued payment; or</text> </paragraph> </paragraph> <paragraph num="(22)"> <text>The vehicle is transferred as a result of a divorce and the divorce decree is not furnished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Used Vehicles Transferred from Another Jurisdiction to Maryland."> <paragraph num="A."> <text>An applicant for a certificate of title for a used vehicle presently titled in the applicant's name in another jurisdiction and who is now applying for a Maryland certificate of title shall provide the Administration with an:</text> <paragraph num="(1)"> <text>Out-of-State title or other acceptable ownership document or electronic record from the jurisdiction where the vehicle was last registered; and</text> </paragraph> <paragraph num="(2)"> <text>Application for a Maryland certificate of title.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents and information are not submitted or are not complete;</text> </paragraph> <paragraph num="(2)"> <text>The out-of-State title or other acceptable ownership document or electronic record is held by a lien holder and the lien holder refuses to relinquish the title or other ownership document to the Administration;</text> </paragraph> <paragraph num="(3)"> <text>The ownership document presented to the Administration is a:</text> <paragraph num="(a)"> <text>Nonnegotiable title; or</text> </paragraph> <paragraph num="(b)"> <text>Memorandum title;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The application for a certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>The application is signed by a legal guardian and the court appointment is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>The applicant's name has changed through marriage, divorce, court order, or other method and a change of name and address notice and proof of the name change such as a marriage certificate, divorce decree, or court order is not furnished;</text> </paragraph> <paragraph num="(7)"> <text>The vehicle previously had a salvage certificate issued in this State or another state and a VIN inspection has not been completed by a police officer of this State authorized to inspect salvage vehicles;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle was previously salvaged in this State or another state and has been branded “Parts Only — Not Rebuildable”;</text> </paragraph> <paragraph num="(9)"> <text>The vehicle is an import and the following documents are not furnished:</text> <paragraph num="(a)"> <text>One of the following:</text> <paragraph num="(i)"> <text>Appropriate U.S. Customs forms; or</text> </paragraph> <paragraph num="(ii)"> <text>If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:</text> <paragraph num="(i)"> <text>Receipts for conversion work, or</text> </paragraph> <paragraph num="(ii)"> <text>A bond release letter;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>The applicant has requested a replacement VIN but has not:</text> <paragraph num="(a)"> <text>Furnished an application for an assigned VIN number; or</text> </paragraph> <paragraph num="(b)"> <text>Had a VIN inspection completed by an authorized police officer in this State;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(12)"> <text>Certain documents are lost or omitted and the applicant fails to furnish:</text> <paragraph num="(a)"> <text>A letter of indemnification subject to the approval of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Photocopies of lost documents; or</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not to be Retitled”, or with an equivalent term.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Vehicles Being Titled Because of Repossessions."> <paragraph num="A."> <text>An applicant for a certificate of title for a vehicle which has been repossessed shall provide the Administration with:</text> <paragraph num="(1)"> <text>A Notice of Security Interest Filing form;</text> </paragraph> <paragraph num="(2)"> <text>An out-of-State title or other ownership document acceptable to the Administration;</text> </paragraph> <paragraph num="(3)"> <text>A certification of repossession;</text> </paragraph> <paragraph num="(4)"> <text>An assignment of ownership or bill of sale;</text> </paragraph> <paragraph num="(5)"> <text>An odometer disclosure certification as required by COMAR 11.13.06;</text> </paragraph> <paragraph num="(6)"> <text>A condition report; and</text> </paragraph> <paragraph num="(7)"> <text>An application for a certificate of title.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if the:</text> <paragraph num="(1)"> <text>Required documents are not furnished or information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>Lien holder was a dealer or someone other than a bona fide lending institution and a clear copy of the lien contract is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>Lien holder was not holding first position and a previous lien holder has not been released;</text> </paragraph> <paragraph num="(4)"> <text>Vehicle was not titled in the debtor's name and the lien holder cannot furnish a copy of the contract;</text> </paragraph> <paragraph num="(5)"> <text>Vehicle is titled in Maryland, but the security interest has not been perfected and the applicant cannot furnish a copy of a contract;</text> </paragraph> <paragraph num="(6)"> <text>Applicant is not the secured party shown on the title and cannot furnish an assignment of lien;</text> </paragraph> <paragraph num="(7)"> <text>Applicant is a dealer but the lien contract does not state that the dealer has full recourse for the secured party named in the contract;</text> </paragraph> <paragraph num="(8)"> <text>Vehicle was titled out of State and the forms required by that state for repossession have not been furnished; or</text> </paragraph> <paragraph num="(9)"> <text>Lien contract does not contain:</text> <paragraph num="(a)"> <text>The signature of all vehicle owners;</text> </paragraph> <paragraph num="(b)"> <text>A full description of the vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>A notation of the security interest.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Vehicles Being Titled Because of Mechanic's Lien."> <paragraph num="A."> <text>An applicant for a certificate of title for a vehicle being titled due to a mechanic's lien shall provide the Administration with:</text> <paragraph num="(1)"> <text>A completed application for a certificate of title;</text> </paragraph> <paragraph num="(2)"> <text>A certification by the garage owner or the person having the lien, including the odometer disclosure as required by COMAR 11.13.06 on a form provided by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>A certification on a form provided by the Administration by the auctioneer that the auction was held in compliance with Commercial Law Article, Title 16, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>A digital photograph of the VIN;</text> </paragraph> <paragraph num="(5)"> <text>A certification that a newspaper advertisement has run once a week for the 2 consecutive weeks immediately preceding the sale, in a newspaper of general circulation in the county or city where the sale is to be held, with the last advertisement appearing the week immediately preceding the sale;</text> </paragraph> <paragraph num="(6)"> <text>A copy of the newspaper advertisement required by §A(5) of this regulation;</text> </paragraph> <paragraph num="(7)"> <text>A storage or repair order as specified in Commercial Law Article, §14-1008, Annotated Code of Maryland, containing an affirmative request by the vehicle owner for the repair services or storage services requested or, if applicable, a written statement from the lienor that the lienor stored the vehicle in accordance with an agreement with an insurer;</text> </paragraph> <paragraph num="(8)"> <text>Proof that notice was provided to the individual who left the vehicle for repairs, the vehicle owner, the lien holders, and the Administration by submitting:</text> <paragraph num="(a)"> <text>Signed receipts for a certified or registered letter in a format prescribed by the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Unopened, undeliverable certified or registered letter or letters; or</text> </paragraph> <paragraph num="(c)"> <text>Proof from the United States Postal Service of delivery or a refusal to sign receipt for a certified or registered letter;</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>The national vehicle history report.</text> </paragraph> <paragraph num="(10)"> <text>If issued, a copy of the lienholder notice required by Commercial Law Article, §16-203, Annotated Code of Maryland, and proof that the notice was sent via registered or certified mail.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents or information are not furnished or are incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The address on the returned, unopened certified or registered letter or letters sent to the vehicle owner, individual who left the vehicle for repairs, or lien holder is different from the Administration's most current records;</text> </paragraph> <paragraph num="(3)"> <text>The provided national vehicle history report shows that the vehicle was stolen and the reporting police agency has not issued a recover report;</text> </paragraph> <paragraph num="(4)"> <text>There is a discrepancy or alteration in the paperwork and the letter of explanation or certified statements do not clarify the discrepancy to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(5)"> <text>The signatures on the submitted documents or the application are signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>A notarized bill of sale is not submitted and the customer refuses to pay the excise tax on the greater of the book value or the purchase price;</text> </paragraph> <paragraph num="(7)"> <text>The digital photograph VIN is illegible;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle was not advertised in a newspaper as specified in §A(5) of this regulation;</text> </paragraph> <paragraph num="(9)"> <text>The vehicle description by year, make, and VIN in the newspaper advertisement is different than in the supporting documents furnished;</text> </paragraph> <paragraph num="(10)"> <text>The newspaper advertisement does not contain the time, date, place of auction, and description of the vehicle by year, make, and VIN;</text> </paragraph> <paragraph num="(11)"> <text>The vehicle was previously salvaged in this State or another state and the applicant fails to furnish a certification by a police officer in this State who is authorized to inspect salvage vehicles;</text> </paragraph> <paragraph num="(12)"> <text>The vehicle was previously salvaged in this State or another state, with a brand reflecting “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent brand;</text> </paragraph> <paragraph num="(13)"> <text>The Administration has been notified that action in accordance with Commercial Law Article, §16-206, Annotated Code of Maryland, is being taken and that the Administration has received notification of the action before the close of the business day following the action; or</text> </paragraph> <paragraph num="(14)"> <text>The Administration requested the mechanic lienor send a post-auction notice to the individual who left the vehicle for repairs, the vehicle owner or lien holder and the mechanic lienor did not send the requested notice or did not provide proof of notice as specified in §A(8) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Vehicles Being Titled Due to a Sheriff's Sale."> <paragraph num="A."> <text>An applicant for a title for a vehicle being titled due to a sheriff's sale shall provide the Administration with:</text> <paragraph num="(1)"> <text>A court order or writ directing the sale;</text> </paragraph> <paragraph num="(2)"> <text>An application for a certificate of title;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the required newspaper advertisement; and</text> </paragraph> <paragraph num="(4)"> <text>A bill of sale from a sheriff.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The application for certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;</text> </paragraph> <paragraph num="(4)"> <text>A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;</text> </paragraph> <paragraph num="(6)"> <text>The documents furnished contain an error or alteration and letters of explanation or certified statements do not clarify the errors or alterations to the satisfaction of the Administration;</text> </paragraph> <paragraph num="(7)"> <text>The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;</text> </paragraph> <paragraph num="(8)"> <text>The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;</text> </paragraph> <paragraph num="(9)"> <text>Certain documents are lost or omitted and the applicant fails to furnish:</text> <paragraph num="(a)"> <text>A letter of indemnification which is subject to the approval of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Photocopies of lost documents;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:</text> <paragraph num="(a)"> <text>Letters of administration/testamentary;</text> </paragraph> <paragraph num="(b)"> <text>A legal heir form; or</text> </paragraph> <paragraph num="(c)"> <text>A death certificate;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a used mobile home sold before January 1, 1989, is not furnished;</text> </paragraph> <paragraph num="(12)"> <text>The applicant has requested a replacement VIN but has not:</text> <paragraph num="(a)"> <text>Furnished an application for an assigned VIN; or</text> </paragraph> <paragraph num="(b)"> <text>Had a VIN inspection completed by an authorized police officer in this State;</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>The previous ownership document was a salvage certificate and the inspection by a police officer in this State who is authorized to inspect salvage vehicles is not furnished; or</text> </paragraph> <paragraph num="(14)"> <text>A security interest termination statement for liens on the previous Maryland title record is not furnished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Vehicles Being Titled Because of Court Orders."> <paragraph num="A."> <text>An applicant for a title for a vehicle being titled as a result of a court order shall provide the Administration with:</text> <paragraph num="(1)"> <text>An application for a certificate of title; and</text> </paragraph> <paragraph num="(2)"> <text>A writ of mandamus or show cause order.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The court order does not clearly indicate that the Administration is to take the ordered action;</text> </paragraph> <paragraph num="(2)"> <text>A lien shows on the previous Maryland record and a security interest termination statement for each lien is not furnished;</text> </paragraph> <paragraph num="(3)"> <text>The vehicle is not fully described by year, make, and VIN;</text> </paragraph> <paragraph num="(4)"> <text>A salvage certificate has been previously issued in this State or another state and an inspection from a police officer in this State authorized to inspect salvage vehicles is not furnished; or</text> </paragraph> <paragraph num="(5)"> <text>A salvage certificate had been previously issued containing the brand “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent term.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Reconstructed Vehicles."> <paragraph num="A."> <text>An applicant for a certificate of title for a reconstructed vehicle shall provide the Administration with:</text> <paragraph num="(1)"> <text>An application for a certificate of title;</text> </paragraph> <paragraph num="(2)"> <text>An application for an assigned VIN;</text> </paragraph> <paragraph num="(3)"> <text>A certificate of title for the frame;</text> </paragraph> <paragraph num="(4)"> <text>A bill of sale or a copy of the title for the body;</text> </paragraph> <paragraph num="(5)"> <text>Receipts for parts and labor used to reconstruct the vehicle; and</text> </paragraph> <paragraph num="(6)"> <text>A garage inspection by an authorized police officer in this State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:</text> <paragraph num="(a)"> <text>Does not furnish a notarized bill of sale; and</text> </paragraph> <paragraph num="(b)"> <text>Refuses to pay excise tax on the book value of the vehicle;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>An individual bringing the vehicle to the Administration for a garage inspection by the ASED does not furnish a power of attorney authorizing the individual to sign for the applicant;</text> </paragraph> <paragraph num="(4)"> <text>The garage inspection reveals stolen parts; or</text> </paragraph> <paragraph num="(5)"> <text>A security interest termination statement has not been furnished for each lien shown on the Administration's records.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Glider Kits and Kit Cars."> <paragraph num="A."> <text>An applicant for a certificate of title for a vehicle constructed from a glider kit or a car kit shall provide the Administration with:</text> <paragraph num="(1)"> <text>An application for a certificate of title;</text> </paragraph> <paragraph num="(2)"> <text>A certificate of origin for the kit;</text> </paragraph> <paragraph num="(3)"> <text>A bill of sale for the kit;</text> </paragraph> <paragraph num="(4)"> <text>A title for the frame;</text> </paragraph> <paragraph num="(5)"> <text>Bills of sale or receipts for all parts and labor;</text> </paragraph> <paragraph num="(6)"> <text>An application for an assigned VIN; and</text> </paragraph> <paragraph num="(7)"> <text>A garage inspection at the Administration or, in the case of a glider kit, a certified statement that the vehicle was assembled by a Maryland licensed dealer or repair shop.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete;</text> </paragraph> <paragraph num="(2)"> <text>The individual bringing the vehicle to the Administration garage is not the applicant and cannot furnish a power of attorney authorizing the individual to sign for the applicant;</text> </paragraph> <paragraph num="(3)"> <text>The garage inspection reveals stolen parts;</text> </paragraph> <paragraph num="(4)"> <text>The application is being processed at a branch office of the Administration, and a statement certifying that the glider kit has been assembled by a Maryland licensed dealer or repair shop is not furnished;</text> </paragraph> <paragraph num="(5)"> <text>A security interest termination statement has not been furnished for each lien shown on record; or</text> </paragraph> <paragraph num="(6)"> <text>A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:</text> <paragraph num="(a)"> <text>Does not furnish a notarized bill of sale; and</text> </paragraph> <paragraph num="(b)"> <text>Refuses to pay excise tax on the greater of the book value or the purchase price of the vehicle.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Homemade Trailers."> <paragraph num="A."> <text>An applicant for a certificate of title for a homemade trailer shall provide the Administration with:</text> <paragraph num="(1)"> <text>A rear view and a side view photograph of the trailer;</text> </paragraph> <paragraph num="(2)"> <text>Receipts for the parts used to build the trailer;</text> </paragraph> <paragraph num="(3)"> <text>A certified statement listing the parts used to construct the trailer and the total value of the trailer;</text> </paragraph> <paragraph num="(4)"> <text>An application for an assigned VIN; and</text> </paragraph> <paragraph num="(5)"> <text>An application for a certificate of title.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a certificate of title if the:</text> <paragraph num="(1)"> <text>Required documents or information are not furnished or are incomplete;</text> </paragraph> <paragraph num="(2)"> <text>Trailer is other than a boat, utility, or camping trailer which:</text> <paragraph num="(a)"> <text>Weighs 10,000 pounds or less; and</text> </paragraph> <paragraph num="(b)"> <text>Has not had an inspection completed by an authorized police officer in this State; or</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Homemade trailer was previously issued a Maryland-assigned VIN, and the:</text> <paragraph num="(a)"> <text>Maryland-assigned VIN has been lost; or</text> </paragraph> <paragraph num="(b)"> <text>Owner refuses to have the vehicle inspected by an authorized police officer in this State.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Kit Trailer."> <paragraph num="A."> <text>An applicant for a certificate of title for a kit trailer shall provide the Administration with:</text> <paragraph num="(1)"> <text>A certificate of origin;</text> </paragraph> <paragraph num="(2)"> <text>An application for a certificate of title; and</text> </paragraph> <paragraph num="(3)"> <text>A bill of sale or receipt.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a title if the:</text> <paragraph num="(1)"> <text>Required documents and information are not furnished or are incomplete; or</text> </paragraph> <paragraph num="(2)"> <text>Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Vehicle Titled by Survivor When Co-owner is Deceased."> <paragraph num="A."> <text>A joint tenant or joint tenants applying for a certificate of title by right of survivorship shall provide the Administration with:</text> <paragraph num="(1)"> <text>If the Maryland Department of Health has not made electronic notification to the Administration of the deceased, a certified death certificate for the deceased co-owner;</text> </paragraph> <paragraph num="(2)"> <text>A completed application for certificate of title; and</text> </paragraph> <paragraph num="(3)"> <text>The title from the Administration bearing the names of the decedent and the applicant or applicants as co-owners.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall refuse to issue a title if the:</text> <paragraph num="(1)"> <text>Required documents and information are not furnished or are incomplete; or</text> </paragraph> <paragraph num="(2)"> <text>Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 11, 1996 (23:5 Md. R. 380)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)</annotation> </annotations> </chapter> <chapter num="15" heading="Issuance of Chesapeake Bay Commemorative Plates"> <regulation prefix="Regulation" num=".01" heading="Issuance of Chesapeake Bay Commemorative Plates — Repealed." /> <regulation prefix="Regulation" num=".02" heading="Distribution of Funds."> <paragraph num="A."> <text>Pursuant to Transportation Article, §13-618, Annotated Code of Maryland, the fees in §B of this regulation shall be distributed equally between the Motor Vehicle Administration and the Chesapeake Bay Trust.</text> </paragraph> <paragraph num="B."> <text>Chesapeake Bay registration plate fees is as follows:</text> <paragraph num="(1)"> <text>For original Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(a); and</text> </paragraph> <paragraph num="(2)"> <text>For the renewal of Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(b).</text> </paragraph> </paragraph> <paragraph num="C."> <text>Money collected through the sale of Chesapeake Bay Commemorative Plates and due to the Chesapeake Bay Trust shall be transferred monthly to the Trust.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-618, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 7, 1983 (10:22 Md. R. 1967)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Issuance of Maryland 350th Anniversary Plates, repealed effective December 2, 1985 (12:24 Md. R. 2350)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, Issuance of Chesapeake Bay Commemorative Plates, adopted effective February 4, 1991 (18:2 Md. R. 150)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:9 Md. R. 1341); November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective January 16, 1995 (22:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E amended effective January 1, 1992 (18:25 Md. R. 2754); January 16, 1995 (22:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01F amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:19 Md. R. 1341); April 16, 2001 (28:7 Md. R. 691); November 11, 2002 (29:22 Md. R. 1721); November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective January 16, 1995 (22:1 Md. R. 20); May 10, 2004 (31:9 Md. R. 713); July 30, 2018 (45:15 Md. R. 724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 724)</annotation> </annotations> </chapter> <chapter num="16" heading="Issuance, Renewal, Display, and Expiration of Registrations"> <regulation prefix="Regulation" num=".01" heading="Issuance and Renewal of Registration."> <paragraph num="A."> <text>The owner of a vehicle subject to registration under the Transportation Article, Annotated Code of Maryland, shall apply to the Administration for the registration of the vehicle in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall issue a new registration card, plates, and validation sticker.</text> </paragraph> <paragraph num="B."> <text>The owner of a vehicle for which registration is to be renewed shall apply for renewal of the registration in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall grant the registration renewal and issue a new registration card and validation sticker.</text> </paragraph> <paragraph num="C."> <text>Notwithstanding any provisions of Transportation Article, §§13-104 and 13-403, Annotated Code of Maryland, the renewal of electronically processed registrations does not require a signature.</text> </paragraph> <paragraph num="D."> <text>The owner of a vehicle requesting replacement plates or validation sticker, or a duplicate or additional registration card shall apply in the manner that the Administration requires, and pay all applicable fees set forth in COMAR 11.11.05.04.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Temporary Authorization Certificate."> <paragraph num="A."> <text>Issuance.</text> <paragraph num="(1)"> <text>The Administration may issue a temporary authorization certificate permitting a vehicle to be driven:</text> <paragraph num="(a)"> <text>Pending the issuance of current validation stickers; or</text> </paragraph> <paragraph num="(b)"> <text>For a recognized event approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The temporary authorization certificate shall be issued for a period not to exceed 15 days.</text> </paragraph> <paragraph num="(3)"> <text>A temporary authorization certificate is not transferrable and may not be used on a vehicle other than the one to which it was issued.</text> </paragraph> <paragraph num="(4)"> <text>A service fee may be charged for the issuance of a temporary authorization certificate.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The manufacturer, distributor, or dealer of a vehicle may apply to the Administration for the issuance of a temporary authorization certificate for the purpose of permitting a vehicle to be driven for a recognized event approved by the Administration.</text> </paragraph> <paragraph num="C."> <text>The owner of a vehicle which is due for registration renewal may apply for renewal of the registration and obtain a temporary authorization certificate.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Display of Registration Cards, Temporary Authorization Certificates, Registration Plates, County Stickers and Validation Stickers."> <paragraph num="A."> <text>Each registration card or temporary authorization certificate shall be carried:</text> <paragraph num="(1)"> <text>In the vehicle to which it refers; or</text> </paragraph> <paragraph num="(2)"> <text>By the individual driving or in control of the vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Registration Plates and Validation Stickers.</text> <paragraph num="(1)"> <text>Registration plates shall be affixed to the vehicle as prescribed under Transportation Article, §13-411.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided under §B(3) of this regulation, validation stickers shall be displayed on the rear registration plate on or before the expiration date of the registration.</text> </paragraph> <paragraph num="(3)"> <text>Validation stickers for Class F vehicles shall be displayed on the front registration plate.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Issuance.</text> <paragraph num="(1)"> <text>Validation stickers or a temporary authorization certificate may be issued as evidence of payment of the annual registration fee of the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>Separate validation stickers may be issued to indicate the month of expiration and the year of expiration.</text> </paragraph> <paragraph num="(3)"> <text>Upon subsequent renewals, a validation sticker for only the year of expiration may be issued.</text> </paragraph> <paragraph num="(4)"> <text>A temporary authorization certificate may be issued pending issuance of a validation sticker for the registration year.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration shall provide for the manufacture and issuance of new registration plates, which:</text> <paragraph num="(1)"> <text>Shall be issued and displayed in the manner specified by the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>May be validated as provided in §C of this regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>County Sticker.</text> <paragraph num="(1)"> <text>The owner of a class vehicle specified in Transportation Article, §13-410, Annotated Code of Maryland, may display on a registration plate the name of the county in which the owner resides.</text> </paragraph> <paragraph num="(2)"> <text>The owner of a vehicle may obtain a county sticker that is approved and offered by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>A county sticker shall be:</text> <paragraph num="(a)"> <text>Displayed on the rear registration plate in the manner specified by the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Issued only in the name of the county in which the vehicle owner resides; and</text> </paragraph> <paragraph num="(c)"> <text>Displayed only on the vehicle for which it was issued.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A county sticker may not be displayed on special or commemorative registration plates.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Expiration of Registration."> <text>Except as provided in Regulation .01-1 of this chapter, unless validation stickers have been issued by the Administration and are properly displayed on the registration plates, the registration and registration plates expire at midnight on the expiration date indicated on the registration card issued by the Administration.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Proration of Registration Fee for Part of Registration Year."> <paragraph num="A."> <text>“Registration year” means a 12-month period beginning the month in which the vehicle is entered into the staggered system of registration by the Administration or in which the vehicle is first titled by the Administration or in which a special interchangeable registration is first issued by the Administration.</text> </paragraph> <paragraph num="B."> <text>Except as otherwise provided, the annual registration fees specified by the Administration in COMAR 11.11.05 are for the entire 12 months of the registration year.</text> </paragraph> <paragraph num="C."> <text>If the registration of a vehicle is issued on or before the last day of the sixth month of the registration year for that class of vehicle, the full annual registration fee shall be paid.</text> </paragraph> <paragraph num="D."> <text>If the registration of a vehicle is issued on or after the first day of the seventh month of the registration year for that class of vehicle, only one-half of the annual registration shall be paid.</text> </paragraph> <paragraph num="E."> <text>If the registration of a commercial vehicle in excess of 26,000 pounds is issued for a period of less than the full annual registration year, the registration fee to be paid shall be one quarter of the annual registration fee multiplied by the number of quarters remaining in the registration year including the quarter within which the registration takes effect.</text> </paragraph> <paragraph num="F."> <text>Notwithstanding §§B, C, D, and E of this regulation, under a staggered system of registration, the Administration, at its discretion, may reschedule the monthly volumes of registration renewals by applying different expiration dates and prorating fees accordingly.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Multi-Year Registrations — Staggered Classes."> <paragraph num="A."> <text>Each new vehicle registration plate issued in conjunction with the titling of a vehicle or a registration renewal shall be for a period not to exceed 3 years, unless otherwise approved by the Administration.</text> </paragraph> <paragraph num="B."> <text>Registration renewals shall be due on or before the last day of the month stated on the registration card.</text> </paragraph> <paragraph num="C."> <text>Refund of Registration Fees.</text> <paragraph num="(1)"> <text>If a registration issued under this regulation is cancelled before the beginning of the start of a new registration year, the Administration shall refund the fees paid for any unused registration year.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may not process a refund if the registration is flagged or suspended until the flag is released and or the suspension is withdrawn.</text> </paragraph> <paragraph num="(3)"> <text>A refund may not be processed if the registration plates and stickers are not returned to the Administration.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)</annotation> </annotations> </chapter> <chapter num="17" heading="Staggered System of Registration" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 22, 1991 (18:14 Md. R. 1610); November 6, 2006 (Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 6, 2006 (33:22 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A and C amended effective July 22, 1991 (18:14 Md. R. 1610)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed effective November 6, 2006 (33:22 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 repealed effective February 17, 2014 (41:3 Md. R. 202)</annotation> </annotations> </chapter> <chapter num="18" heading="Vehicle Registration Issuance by State Agencies or Political Subdivisions Acting as Agent for Motor Vehicle Administration"> <regulation prefix="Regulation" num=".01" heading="State Agency or Political Subdivision as Agent for Administration."> <paragraph num="A."> <text>A State agency or political subdivision may act as the agent of the Administration in the registration of vehicles and in the issuance of registration plates, registration cards, and validation stickers.</text> </paragraph> <paragraph num="B."> <text>A State agency or political subdivision shall adhere to the regulations contained in this chapter while acting as agent for the Administration in the issuance of registration plates, registration cards, and validation stickers.</text> </paragraph> <paragraph num="C."> <text>Location Approval.</text> <paragraph num="(1)"> <text>Each State agency or political subdivision who acts as an agent for the Administration shall request prior approval of the location from which the issuance of registration plates, registration cards, and validation stickers shall be made.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall review and approve the location selected in order to ensure the ability to serve the public efficiently and effectively and to contain automated equipment for processing transactions.</text> </paragraph> <paragraph num="(3)"> <text>The State agency or political subdivision shall provide the Administration with the name of the supervisor in charge of the location or the name of the manager in charge of the program and update the names as necessary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Issuance of Validation Stickers, Registration Cards, and Registration Plates."> <paragraph num="A."> <text>The Administration shall provide procedures for the issuance of registration plates, registration cards, and validation stickers by State agencies or political subdivisions to each State agency or political subdivision acting as an agent of the Administration. These procedures shall contain detailed processing and accounting requirements to be followed by each State agency or political subdivision.</text> </paragraph> <paragraph num="B."> <text>Except as provided in Regulation .03 of this chapter, all fees collected from the issuance of registration plates, registration cards, and validation stickers shall be transmitted to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fees."> <paragraph num="A."> <text>Each State agency or political subdivision shall collect the fee specified on the registration application and an additional $1 fee for each transaction issued by it, of which 50 cents of each $1 collected shall be submitted to the Administration to offset administrative expenses incurred by the Administration. The remaining 50 cents of each $1 fee collected shall be retained by the State agency or political subdivision.</text> </paragraph> <paragraph num="B."> <text>Each State agency or political subdivision may collect and retain an additional fee not to exceed $1 for each transaction issued by it to offset expenses incurred by the State agency or political subdivision in administering the program.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 adopted as an emergency provision effective September 11, 1985 (12:20 Md. R. 1921); adopted permanently effective January 1, 1986 (12:26 Md. R. 2545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1341)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1341)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1341)</annotation> </annotations> </chapter> <chapter num="19" heading="Special Registration Numbers and Plates for Members of Certain Nonprofit Organizations"> <regulation prefix="Regulation" num=".01" heading="Eligible Classes of Vehicles — Repealed." /> <regulation prefix="Regulation" num=".02" heading="Fees — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Special Registration Numbers and Plates."> <paragraph num="A."> <text>A special registration number as specified by the Administration and assigned under this chapter may consist of any combination of not more than seven letters and numerals, the name, initials, or abbreviation of the name of the organization on the bottom of the special registration plates and the official logo of the organization.</text> </paragraph> <paragraph num="B."> <text>The special registration number assigned under this chapter shall be displayed on the registration plates for the vehicle. The Administration shall determine the basic configuration of the special registration number, using the special registration plate scheme requested by the organization as guidance.</text> </paragraph> <paragraph num="C."> <text>An organization that has had special registration plates without a logo issued under Transportation Article, §13-619, Annotated Code of Maryland, may request the issuance of new special registration plates with its logo. However, once this request has been approved, all existing nonlogo special registration plates related to the organization in the Administration’s stock shall be destroyed. A member of an organization who previously was issued special nonlogo plates which were subsequently lost, stolen, or mutilated, shall be issued only new special plates with the logo selected by the organization, upon payment of the additional fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="D."> <text>Use of the name, initials or abbreviation of the organization on the bottom of the special registration plates shall be in the sole discretion of the Administration and, if permitted, may not be all initials or a name of more than 25 characters, including spaces.</text> </paragraph> <paragraph num="E."> <text>Once a selection of the special registration plate scheme (logo/nonlogo) has been made, it is permanent and may not be changed.</text> </paragraph> <paragraph num="F."> <text>A nonprofit organization requesting special registration plates with the nonprofit organization’s official logo shall submit camera-ready artwork of the logo which meets the Administration’s specifications. In addition, the:</text> <paragraph num="(1)"> <text>Size of the logo may not exceed 2 1/2 inches wide by 3 1/2 inches long;</text> </paragraph> <paragraph num="(2)"> <text>Logo may not contain more than four colors; and</text> </paragraph> <paragraph num="(3)"> <text>Logo artwork submitted shall be in a form acceptable to the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Organization Requirements."> <text>For members of nonprofit organizations, the following special requirements apply:</text> <paragraph num="A."> <text>The organization is nonprofit as evidenced by a:</text> <paragraph num="(1)"> <text>Determination Letter from the Internal Revenue Service (Letter 947 or equivalent) as to qualification for exemption from taxation under §501 of the Internal Revenue Code,</text> </paragraph> <paragraph num="(2)"> <text>Certificate of Registration as a charitable organization under Article 41, §3-202, Annotated Code of Maryland, issued by the Secretary of State, or</text> </paragraph> <paragraph num="(3)"> <text>Valid certificate of exemption issued by the Comptroller of the Treasury as to qualification for exemption from sales taxation under Tax-General Article, §11-204, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>At least 25 members apply for special registration under this chapter for the initial manufacture of special registration plates.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Organization Representative and Certification of Membership."> <paragraph num="A."> <text>Each organization eligible for special registration under this chapter shall appoint an organization representative who will act as liaison between the organization and the Administration.</text> </paragraph> <paragraph num="B."> <text>The organization representative designated in §A, of this regulation, shall be responsible for performing the functions outlined in this chapter.</text> </paragraph> <paragraph num="C."> <text>The organization representative shall provide an organization certification of membership for its members which shall be printed at organization expense and contain the following information:</text> <paragraph num="(1)"> <text>Organization official identification stationery shall be used.</text> </paragraph> <paragraph num="(2)"> <text>Signature of organization representative.</text> </paragraph> <paragraph num="(3)"> <text>Names of organization members requesting special registration plates.</text> </paragraph> <paragraph num="(4)"> <text>Present registration plate numbers of organization members' vehicles.</text> </paragraph> <paragraph num="(5)"> <text>Special registration plate numbers issued under Regulation .07 are issued in consecutive order. If special registration plates are being issued under Regulation .09, the Administration shall assign the special registration plate numbers, issued in consecutive order.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The organization certification of membership shall be presented by the organization representative when special registration plates are requested under Regulation .07 and by the organization member when special registration plates are requested under Regulation .09.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Approval of Nonprofit Organization for Special Registration."> <paragraph num="A."> <text>The organization representative shall apply to the Motor Vehicle Administration, 6601 Ritchie Highway, N. E., Glen Burnie, Maryland 21062 and include the following information:</text> <paragraph num="(1)"> <text>Copies of the documentation that the organization meets the criteria outlined in Regulation .04, of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Special registration plate scheme requested by the organization and an alternate selection;</text> </paragraph> <paragraph num="(3)"> <text>The name of the organization to be placed on the bottom of the special registration plate, if desired, in accordance with the provisions of Regulation .03C; and</text> </paragraph> <paragraph num="(4)"> <text>Camera-ready artwork of the logo to be used in accordance with Regulation .03A, if desired.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall advise the organization representative of its decision and, if favorable, to proceed in accordance with Regulation .07, of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Registration Plate Issuance — Approved Nonprofit Organizations."> <paragraph num="A."> <text>The organization representative shall submit the organization certification of membership when requested by the Administration, together with appropriate fees for each set of special registration plates requested, if applicable.</text> </paragraph> <paragraph num="B."> <text>The Administration shall print the registration applications for each organization member and forward them to the organization representative.</text> </paragraph> <paragraph num="C."> <text>When the special registration plates have been received, the Administration shall notify the organization representative who shall:</text> <paragraph num="(1)"> <text>Collect the completed registration applications and appropriate registration fees from each organization member;</text> </paragraph> <paragraph num="(2)"> <text>Submit all fees and registration applications, in assigned registration plate sequence, to the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Administration Verification.</text> <paragraph num="(1)"> <text>The Administration shall verify the registration application, including insurance information, fees and other items.</text> </paragraph> <paragraph num="(2)"> <text>Registration applications will be validated.</text> </paragraph> <paragraph num="(3)"> <text>Special registration plates, with validation stickers and registration card, will be mailed directly to each organization member.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Upon receipt of the special registration plates, each organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Renewal of Special Registration Numbers and Plates."> <paragraph num="A."> <text>This regulation governs issuance of validation stickers only to members of nonprofit organizations who have already been issued special registration plates. During a registration year in which new registration plates are being issued for all motor vehicles, the procedures outlined in Regulation .07 shall be followed.</text> </paragraph> <paragraph num="B."> <text>Applications for renewal of special registration plates shall be mailed to each registered owner before the expiration date of the vehicle's registration.</text> </paragraph> <paragraph num="C."> <text>Provided the individual continues to be a member of the organization, each organization member who desires to continue use of the special registration number and plates shall:</text> <paragraph num="(1)"> <text>Complete the registration application, including insurance information;</text> </paragraph> <paragraph num="(2)"> <text>Return the completed application with appropriate fees to the Administration, either by mail or in person.</text> </paragraph> </paragraph> <paragraph num="D."> <text>In the case of an owner who is applying for special registration as a surviving spouse, the owner:</text> <paragraph num="(1)"> <text>Shall submit an organization certification of membership; and</text> </paragraph> <paragraph num="(2)"> <text>May not have remarried.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The Administration shall verify the registration application, including insurance information, fees and other items.</text> </paragraph> <paragraph num="F."> <text>The registration card and validation stickers shall be mailed directly to or handed to each organization member.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Individual Issuance of Special Registration Plates to New Members of Approved Nonprofit Organizations."> <paragraph num="A."> <text>An individual who becomes a member of an approved nonprofit organization after the initial issuance of special registration plates in accordance with Regulation .07 of this chapter may obtain special registration plates as follows:</text> <paragraph num="(1)"> <text>Obtain an organization certification of membership from the organization representative;</text> </paragraph> <paragraph num="(2)"> <text>Complete the registration application, including insurance information;</text> </paragraph> <paragraph num="(3)"> <text>Return the completed registration application and certification with the appropriate fees, if applicable, either by mail or in person.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Administration Verification.</text> <paragraph num="(1)"> <text>The Administration shall verify the registration application, including insurance information, fees and other items.</text> </paragraph> <paragraph num="(2)"> <text>Special registration numbers shall be assigned in consecutive order.</text> </paragraph> <paragraph num="(3)"> <text>Registration applications will be validated.</text> </paragraph> <paragraph num="(4)"> <text>Special registration plates, with validation stickers and registration card, will be mailed directly or handed to each organization member.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Upon receipt of the special registration plates, the organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Cancellation of Special Registration Numbers and Plates."> <paragraph num="A."> <text>The Administration shall have the right to suspend special registration granted under this chapter if:</text> <paragraph num="(1)"> <text>The organization no longer qualifies as nonprofit as required by Regulation .04 of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>The organization has perpetrated a fraud against the Administration in obtaining special registration numbers and plates for its members.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Membership.</text> <paragraph num="(1)"> <text>Continuous membership in the approved organization by the organization member who requests special registration plates under this chapter shall be required.</text> </paragraph> <paragraph num="(2)"> <text>Loss of Membership.</text> <paragraph num="(a)"> <text>The organization representative shall notify the former member and the Administration in writing if an organization member is no longer a member in the approved organization.</text> </paragraph> <paragraph num="(b)"> <text>The former organization member shall immediately return the special registration plates to any Administration office for cancellation of the registration and obtain substitute regular registration plates.</text> </paragraph> <paragraph num="(c)"> <text>If the former organization member does not return the special registration plates, the Administration shall flag the vehicle record in order to prevent a registration application from being sent to the former member for registration renewal purposes.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a former organization member reinstates membership in an approved organization, the member may obtain new special registration plates in accordance with Regulation .09 of this chapter, and pay the appropriate special registration fee, if applicable, again.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 10, 1986 (13:5 Md. R. 547)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)</annotation> </annotations> </chapter> <chapter num="20" heading="Dump Service Registration"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Bulk” means a total load which is in a mass, not packaged in separate units, and which cannot be counted. Containerized cargo is not considered to be bulk.</text> </paragraph> <paragraph num="(2)"> <text>“Feed” means food for animals or birds.</text> </paragraph> <paragraph num="(3)"> <text>Loose Material.</text> <paragraph num="(a)"> <text>“Loose material” means feed, dirt, sand, wood chips, stone, gravel, aggregate, solid waste, ready-mix concrete, or other similar material that can blow, fall, or spill from a vehicle as a result of movement or of exposure to air, wind, or weather.</text> </paragraph> <paragraph num="(b)"> <text>“Loose material” does not include agricultural products in their natural state, liquid loads, or concrete blocks.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Self-unloading by gravity or mechanical means” means that once the unloading process is started, gravity or a mechanism which is an integral part of the vehicle takes over the unloading process.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligible Classes of Vehicles — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Noncompliant Vehicles — Repealed." /> <regulation prefix="Regulation" num=".04" heading="Requirements."> <paragraph num="A."> <text>Except as otherwise provided, a load shall be enclosed in conformance with Transportation Article, §24-106.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Dump service registered vehicles operating in combination with another vehicle may not be allowed the weight exemptions provided for this class of registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedures for Applying for Dump Service Registration."> <paragraph num="A."> <text>Two or Three Axle Dump Service Vehicles. The original application for registration shall be accompanied by:</text> <paragraph num="(1)"> <text>A dump service certification (Form VR-98);</text> </paragraph> <paragraph num="(2)"> <text>A sideview photograph of the vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Four or More Axle Dump Service Vehicles. The original application for registration shall be accompanied by:</text> <paragraph num="(1)"> <text>A dump service certification (Form VR-98);</text> </paragraph> <paragraph num="(2)"> <text>A sideview photograph of the vehicle, clearly showing the lift axle;</text> </paragraph> <paragraph num="(3)"> <text>The manufacturer's, second-stage manufacturer's, or authorized dealer's certification that the vehicle is in compliance with the requirements of COMAR 11.15.27.05; and</text> </paragraph> <paragraph num="(4)"> <text>The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 26, 1989 (16:12 Md. R. 1337)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)</annotation> </annotations> </chapter> <chapter num="21" heading="Effect of Parking and Traffic Control Device Violations on Vehicle Registrations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Chronic offender” means the owner of a vehicle that has accumulated $1,000 or more in fines and penalties, per vehicle, as the result of parking violations within a jurisdiction.</text> </paragraph> <paragraph num="(3)"> <text>“Flag” means an action to prevent the registration of a vehicle from being renewed or transferred to another vehicle.</text> </paragraph> <paragraph num="(4)"> <text>“Jurisdiction” means a political subdivision of this State, an authorized federal or State agency, the District Court of Maryland, or a United States District Court.</text> </paragraph> <paragraph num="(5)"> <text>“Parking violation” means a violation of any local, State, or federal law or regulation governing the parking of motor vehicles.</text> </paragraph> <paragraph num="(6)"> <text>“Suspend” means an action that, in addition to the action set forth in §B(3) of this regulation, bars the vehicle from being driven on any highway in the State.</text> </paragraph> <paragraph num="(7)"> <text>“Traffic control device violation” means any violation of Transportation Article, §21-202(h), as determined under Transportation Article, §§21-202.1 and 21-1414, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Flagging and Suspension of Vehicle Registrations."> <paragraph num="A."> <text>Upon notification by a jurisdiction that a vehicle owner has not satisfied parking and traffic control device violations incurred in the jurisdiction, the Administration shall either flag or suspend the vehicle owner's registration.</text> </paragraph> <paragraph num="B."> <text>Flag.</text> <paragraph num="(1)"> <text>The Administration shall flag the registration of a vehicle owner who, as determined by the jurisdiction, has not complied with the jurisdiction's requirements concerning parking and traffic control device violations and who is not a chronic offender.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may not renew the registration until notified by the jurisdiction that the parking and traffic control device violations have been satisfied.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Suspend.</text> <paragraph num="(1)"> <text>The Administration shall suspend the registration of a vehicle owner who is a chronic offender.</text> </paragraph> <paragraph num="(2)"> <text>Upon suspension of the vehicle registration, the vehicle owner shall return the license plates and registration card to the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Withdrawal of Flag or Suspension.</text> <paragraph num="(1)"> <text>Upon notification by a jurisdiction that the vehicle owner has satisfied the parking and traffic control device violations, the Administration shall remove the flag or suspension from the vehicle's registration record.</text> </paragraph> <paragraph num="(2)"> <text>Upon payment by the vehicle owner of the fee required by Regulation .05 of this chapter, the Administration shall renew the vehicle registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Flag Notification Requirements."> <paragraph num="A."> <text>Before notifying the Administration to flag the vehicle registration for failure to satisfy fines and penalties as a result of parking and traffic control device violations, the jurisdiction shall notify the vehicle owner:</text> <paragraph num="(1)"> <text>Of the jurisdiction's intent to request that the Administration flag the vehicle's registration;</text> </paragraph> <paragraph num="(2)"> <text>That the Administration will assess an administrative flagging fee which shall be paid to the Administration in addition to any fee or penalty assessed by the jurisdiction for each parking and traffic control device violation reported;</text> </paragraph> <paragraph num="(3)"> <text>That failure to pay any fee or penalty assessed by the jurisdiction and the Administration for a parking and traffic control device violation will prevent renewal of the vehicle registration; and</text> </paragraph> <paragraph num="(4)"> <text>That failure to pay the administrative flagging fee to the Administration will result in the account being referred to the Maryland Central Collection Unit for collection purposes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>After notifying the vehicle owner, the jurisdiction shall notify the Administration:</text> <paragraph num="(1)"> <text>To flag the vehicle registration of owners who fail to pay parking and traffic control device violations by a file transfer protocol process approved by the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>Of the citation number associated with each parking or traffic control device violation reported.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Jurisdictions currently reporting information to the Administration by tape or cartridge shall migrate to a file transfer protocol process.</text> </paragraph> <paragraph num="D."> <text>The Administration shall generate an invoice for administrative flag fees for vehicle registrations flagged under this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suspension Notification Requirements."> <paragraph num="A."> <text>Upon determination that a vehicle registration shall be suspended, the jurisdiction shall notify the:</text> <paragraph num="(1)"> <text>Vehicle owner of the jurisdiction's intent to request the Administration to suspend the registration of the vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Administration, by the method the Administration requires, to suspend the vehicle's registration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon suspending a vehicle's registration under this chapter, the Administration shall immediately notify the vehicle owner of the suspension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Jurisdiction Accountability."> <paragraph num="A."> <text>A jurisdiction shall ensure the accuracy of all information submitted to the Administration.</text> </paragraph> <paragraph num="B."> <text>The Administration shall be held harmless in all actions resulting from inaccurate information submitted by the jurisdiction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Requirements for Collecting a Fee for Renewal of Vehicle Registration."> <paragraph num="A."> <text>Pursuant to Transportation Article, §26-305, Annotated Code of Maryland, whenever the Administration flags, suspends, or denies the renewal of the registration of a vehicle, the owner shall pay a fee as set forth in COMAR 11.11.05 before renewal.</text> </paragraph> <paragraph num="B."> <text>The fee imposed under §A of this regulation is applicable to the renewal of all registrations, including those vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Administration may distribute $5 of the fee collected under §A of this regulation to a political subdivision acting as an agent for the Administration.</text> </paragraph> <paragraph num="D."> <text>A fee imposed under §A of this regulation may be waived if the jurisdiction requesting the withholding of the registration provides electronic documentation, by the method required by the Administration, that the flag was mistakenly placed on the registration.</text> </paragraph> <paragraph num="E."> <text>The fee collected by the Administration pursuant to §A of this regulation is refundable only if the vehicle owner can present written documentation from the jurisdiction requesting the withholding of registration certifying that the vehicle registration was flagged in error by the jurisdiction.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 12, 1987 (14:14 Md. R. 1574)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 14, 1994 (21:3 Md. R. 194)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)</annotation> </annotations> </chapter> <chapter num="22" heading="Apportioned Registration of Fleet Vehicles"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of these regulations is to establish regulations and procedures to implement the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by Transportation Article, §12-406, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <paragraph num="A."> <text>Registration Recognition. Vehicles proportionally registered in jurisdictions which have entered into proportional registration agreements, including the international registration plan, under this chapter and have paid fees to the State will be deemed to be fully registered in this State for any type of movement or operation, if the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulatory agency.</text> </paragraph> <paragraph num="B."> <text>Other Fees Not Waived. This proportional registration agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operation of vehicles other than the apportionable fees as defined in this chapter. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws of each jurisdiction.</text> </paragraph> <paragraph num="C."> <text>Base Jurisdiction Choice. Registrants based in any jurisdiction other than a member jurisdiction, who have been licensing vehicles in any member jurisdiction under the basing point, allocation, or proration forms of registration may declare the State as a base jurisdiction for purposes of the agreements until such time as the registrant's base jurisdiction becomes a member jurisdiction if the most miles travelled among the member jurisdictions are in Maryland.</text> </paragraph> <paragraph num="D."> <text>Options of Registrants.</text> <paragraph num="(1)"> <text>The registrant may choose to fully register in any jurisdiction or purchase a limited number of trip permits instead of apportioned registration.</text> </paragraph> <paragraph num="(2)"> <text>The registrant may divide his vehicles into any number of fleets.</text> </paragraph> <paragraph num="(3)"> <text>A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of “apportionable vehicle” may be proportionally registered at the option of the registrant.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Other General Regulations.</text> <paragraph num="(1)"> <text>Apportionable vehicles registered non-proportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the State in their apportionment shall be subject to the restrictions contained in Transportation Article, § 12-406, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Rental vehicles subject to Transportation Article, §§12-104(b), and 12-403—12-414, relating to apportioned rental vehicles which are not proportionally allocated or registered with the State shall be subject to the restrictions contained in Transportation Article, §12-104(b) relating to rental car agencies.</text> </paragraph> <paragraph num="(3)"> <text>A vehicle based in the State for use only in the State or nonmember jurisdictions, or both, shall continue to be registered in the State on a nonapportioned basis.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Member Jurisdictions — Repealed" /> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>The following words and terms have the following meanings, unless the context clearly indicates otherwise.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Agent-lessor” means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.</text> </paragraph> <paragraph num="(3)"> <text>“Applicant” means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.</text> </paragraph> <paragraph num="(4)"> <text>“Apportionable fee” means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:</text> <paragraph num="(a)"> <text>Registration fees; and</text> </paragraph> <paragraph num="(b)"> <text>License or weight fees.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:</text> <paragraph num="(a)"> <text>Having a gross vehicle weight in excess of 26,000 pounds;</text> </paragraph> <paragraph num="(b)"> <text>Having three or more axles, regardless of weight; or</text> </paragraph> <paragraph num="(c)"> <text>If used in combination, with the gross weight of a combination exceeding 26,000 pounds.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Audit” means the examination of a registrant’s records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and evaluate the accuracy of the registrant’s distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years</text> </paragraph> <paragraph num="(7)"> <text>“Auxiliary axle” means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.</text> </paragraph> <paragraph num="(8)"> <text>“Average per-vehicle distance” means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.</text> </paragraph> <paragraph num="(9)"> <text>“Base jurisdiction” means for the purpose of fleet registration, the jurisdiction where:</text> <paragraph num="(a)"> <text>The registrant has an established place of business;</text> </paragraph> <paragraph num="(b)"> <text>Mileage is accrued by the fleet; and</text> </paragraph> <paragraph num="(c)"> <text>Operational records of the fleet are maintained or can be made available.</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Base plate” means the registration plate, or plates, issued by the base jurisdiction, identified by having the word “APPORTIONED” and the base jurisdiction's name on the plate.</text> </paragraph> <paragraph num="(11)"> <text>“Bilateral agreement” means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.</text> </paragraph> <paragraph num="(12)"> <text>“Cab card” means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:</text> <paragraph num="(a)"> <text>The make and VIN of the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>The base plate number,</text> </paragraph> <paragraph num="(c)"> <text>The jurisdictions in which the vehicle is registered;</text> </paragraph> <paragraph num="(d)"> <text>The registered gross weight for each jurisdiction;</text> </paragraph> <paragraph num="(e)"> <text>Any other information deemed necessary.</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>“Carrier” means an individual, partnership, or corporation engaged in the business of transporting goods or persons.</text> </paragraph> <paragraph num="(14)"> <text>“Credentials” means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.</text> </paragraph> <paragraph num="(15)"> <text>“Established place of business” means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:</text> <paragraph num="(a)"> <text>A telephone publicly listed in the name of the fleet registrant;</text> </paragraph> <paragraph num="(b)"> <text>A person conducting the fleet registrant's business; and</text> </paragraph> <paragraph num="(c)"> <text>The operational records of the fleet unless the records can be made available.</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>“Equipment number” means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.</text> </paragraph> <paragraph num="(17)"> <text>“Fleet” means one or more apportionable vehicles.</text> </paragraph> <paragraph num="(18)"> <text>“Household goods” means:</text> <paragraph num="(a)"> <text>Personal effects and property used or to be used in a dwelling when the household goods are part of the equipment or supply of the dwelling;</text> </paragraph> <paragraph num="(b)"> <text>Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and</text> </paragraph> <paragraph num="(c)"> <text>Articles including objects of art, displays, and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>“Hunter's permit” means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.</text> </paragraph> <paragraph num="(20)"> <text>“In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.</text> </paragraph> <paragraph num="(21)"> <text>“International Registration Plan (IRP)” means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.</text> </paragraph> <paragraph num="(22)"> <text>“Interstate operations” means vehicle movement between or through two or more jurisdictions.</text> </paragraph> <paragraph num="(23)"> <text>“Intrastate operations” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.</text> </paragraph> <paragraph num="(24)"> <text>“IVMR” means individual vehicle mileage record.</text> </paragraph> <paragraph num="(25)"> <text>“Jurisdiction” means:</text> <paragraph num="(a)"> <text>A state, territory or possession of the United States;</text> </paragraph> <paragraph num="(b)"> <text>The District of Columbia;</text> </paragraph> <paragraph num="(c)"> <text>A state or province of a country.</text> </paragraph> </paragraph> <paragraph num="(26)"> <text>“Lease” means a written document vesting exclusive possession and control of a vehicle owned by another.</text> </paragraph> <paragraph num="(27)"> <text>“Lessor” means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).</text> </paragraph> <paragraph num="(28)"> <text>“Long-term lease” means a lease having a term of 30 days or more.</text> </paragraph> <paragraph num="(29)"> <text>“Member jurisdiction” means a jurisdiction which is a party to the International Registration Plan.</text> </paragraph> <paragraph num="(30)"> <text>“Negotiable title” means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.</text> </paragraph> <paragraph num="(31)"> <text>“Operational records” means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.</text> </paragraph> <paragraph num="(32)"> <text>“Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.</text> </paragraph> <paragraph num="(33)"> <text>“Power unit” means a vehicle which is self propelled by power other than muscular power.</text> </paragraph> <paragraph num="(34)"> <text>“Preceding year” means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.</text> </paragraph> <paragraph num="(35)"> <text>“Reciprocity” means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.</text> </paragraph> <paragraph num="(36)"> <text>“Reciprocity agreement” means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.</text> </paragraph> <paragraph num="(37)"> <text>“Registrant” means a person, firm, or corporation in whose name an apportioned vehicle is registered.</text> </paragraph> <paragraph num="(38)"> <text>“Registration year” means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.</text> </paragraph> <paragraph num="(39)"> <text>“Rental fleet” means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.</text> </paragraph> <paragraph num="(40)"> <text>“Rental owner” means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.</text> </paragraph> <paragraph num="(41)"> <text>“Rental vehicle” means a vehicle of a rental fleet.</text> </paragraph> <paragraph num="(42)"> <text>“Renting or leasing” means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.</text> </paragraph> <paragraph num="(43)"> <text>“Restricted plate” means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.</text> </paragraph> <paragraph num="(44)"> <text>“Road tractor (mobile home toter)” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.</text> </paragraph> <paragraph num="(45)"> <text>“Short term lease” means a lease having a term of less than 30 days.</text> </paragraph> <paragraph num="(46)"> <text>“Temporary authority” means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.</text> </paragraph> <paragraph num="(47)"> <text>“Total miles” means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.</text> </paragraph> <paragraph num="(48)"> <text>“Tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.</text> </paragraph> <paragraph num="(49)"> <text>“Trip permit” means a temporary permit issued by a jurisdiction instead of regular apportioned registration.</text> </paragraph> <paragraph num="(50)"> <text>“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.</text> </paragraph> <paragraph num="(51)"> <text>“Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.</text> </paragraph> <paragraph num="(52)"> <text>“Vehicle-tracking system” means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.</text> </paragraph> <paragraph num="(53)"> <text>“VIN” means vehicle identification number.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application for Proportional Registration."> <paragraph num="A."> <text>General. Application for registration of vehicles under this subtitle shall be made on a form furnished by the Administration.</text> </paragraph> <paragraph num="B."> <text>Contents of the Application.</text> <paragraph num="(1)"> <text>Schedule A/C (Form IRP A/C) shall contain a description of each power unit, trailer, semi-trailer, and auxiliary axle and be accompanied by a uniform mileage schedule.</text> </paragraph> <paragraph num="(2)"> <text>Schedule B (Form IRP B).</text> <paragraph num="(a)"> <text>The initial or renewal application for proportional registration shall contain the mileage data in all jurisdictions for the preceding year for each vehicle or vehicles.</text> </paragraph> <paragraph num="(b)"> <text>If no operations were conducted with any vehicle or vehicles during the preceding year, the application shall use the average per-vehicle distance.</text> </paragraph> <paragraph num="(c)"> <text>The applicant shall determine the in-jurisdiction and total miles to be used in computing the proportional registration fee for the vehicle.</text> </paragraph> <paragraph num="(d)"> <text>Changes to an original or renewed application may be made after it has been filed by notifying the Motor Carrier Services Section prior to payment.</text> </paragraph> <paragraph num="(e)"> <text>The Maryland IRP registration period is staggered on a period determined by the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Evidence of Ownership. The owner or lessor of a vehicle to be proportionally registered shall hold in their name a Maryland certificate of title or a negotiable title issued in another jurisdiction for each vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Registration Criteria — Owner-Operator Vehicles."> <paragraph num="A."> <text>Proportional Registration. Effective with the 1988 registration year, owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in either of the following methods:</text> <paragraph num="(1)"> <text>Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator's name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee.</text> </paragraph> <paragraph num="(2)"> <text>Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Trip Permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with Maryland shall be subject to the trip permit requirements of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Registration Criteria — Leased Vehicles."> <paragraph num="A."> <text>General.</text> <paragraph num="(1)"> <text>For purposes of proportional registration, the long-term lessee-operator of a vehicle shall be responsible for its registration, that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them.</text> </paragraph> <paragraph num="(2)"> <text>The Maryland credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles.</text> </paragraph> <paragraph num="(3)"> <text>If the lease of a vehicle is terminated, the lessee-operator shall transfer the Maryland registration to another vehicle which replaces it in the fleet.</text> </paragraph> <paragraph num="(4)"> <text>A renewal or series of renewals of a short-term lease covering the same vehicle or vehicles shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Temporary Leases.</text> <paragraph num="(1)"> <text>If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily leased vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The temporarily leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions displayed on the cab card.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Registration Criteria — Household Goods Carriers."> <text>Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:</text> <paragraph num="A."> <text>If the household goods carrier elects the base jurisdiction of the service representative, the vehicles shall be registered in the service representative's name and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall be kept or made available in the service representative's base jurisdiction.</text> </paragraph> <paragraph num="B."> <text>If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier.</text> </paragraph> <paragraph num="C."> <text>Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Registration Criteria — Rental Vehicles."> <paragraph num="A."> <text>Rental owners.</text> <paragraph num="(1)"> <text>All rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Maryland to apportion the rental fleets.</text> </paragraph> <paragraph num="(2)"> <text>The operational records of the rental fleet shall be maintained by the rental owner.</text> </paragraph> <paragraph num="(3)"> <text>The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Tractor, Truck-tractor and Truck Fleet Registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Maryland excluding one-way vehicles, and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Schedule A/C (Form IRP A/C) and Schedule B (Form IRP B).</text> </paragraph> <paragraph num="C."> <text>Trailers and Semitrailers in Pool Fleets.</text> <paragraph num="(1)"> <text>Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Maryland and one or more other jurisdictions may, instead of full registration of each vehicle in Maryland, register the number of trailers and semitrailers determined as follows: Divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in Maryland by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions and multiply the quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.</text> </paragraph> <paragraph num="(2)"> <text>Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction. Monthly summaries shall be supported by rental settlement contracts. Yearly earnings shall be supported by the company's financial statements and copies of federal and State income tax returns.</text> </paragraph> <paragraph num="(3)"> <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Utility Trailers.</text> <paragraph num="(1)"> <text>Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register a number of trailers equal to or more than the average number of the trailers rented in or through Maryland during the preceding year.</text> </paragraph> <paragraph num="(2)"> <text>Records.</text> <paragraph num="(a)"> <text>Monthly and yearly records shall be maintained to reflect accurately the inventory count and Maryland registrations.</text> </paragraph> <paragraph num="(b)"> <text>Inventory records shall include a:</text> <paragraph num="(i)"> <text>Count of the vehicles not rented located in each jurisdiction at the time of inventory count;</text> </paragraph> <paragraph num="(ii)"> <text>Count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and</text> </paragraph> <paragraph num="(iii)"> <text>Listing of registration plate numbers and dates purchased each year.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Maryland registration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>One-way Fleet Vehicles.</text> <paragraph num="(1)"> <text>Rental owners who rent or lease trucks having a registered weight of less than 26,000 pounds in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register the number of trucks determined as follows: In each weight class divide the mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.</text> </paragraph> <paragraph num="(2)"> <text>Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.</text> </paragraph> <paragraph num="(3)"> <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Maryland registration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Changes in Apportionable Vehicle Fleets."> <paragraph num="A."> <text>Registration of Vehicles Added to Fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.</text> </paragraph> <paragraph num="B."> <text>Withdrawal and Replacement of Vehicles from Fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:</text> <paragraph num="(1)"> <text>If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Administration on the appropriate form.</text> </paragraph> <paragraph num="(2)"> <text>If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Administration will issue a new cab card and transfer the registration for the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.</text> </paragraph> <paragraph num="(3)"> <text>If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the fees paid with respect to the vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.</text> </paragraph> <paragraph num="(4)"> <text>If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with §A, unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Increase in Registered Weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Temporary Registration."> <paragraph num="A."> <text>Maryland Temporary Authorization Certificates.</text> <paragraph num="(1)"> <text>Temporary authorization certificates may be obtained from the Motor Carrier Services Section of the Administration by apportioned vehicle registrants for use on an additional vehicle or when it is necessary to increase a vehicle's registered weight. The registrant's fees on its original apportioned registration application shall be paid before approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may suspend the proportional registration privileges of any carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Trip Permits.</text> <paragraph num="(1)"> <text>Seventy-two hour trip permits may be obtained from the Administration or authorized issuing agents for the occasional or emergency operation into or through Maryland of vehicles registered in member jurisdictions but not proportionally registered in the State.</text> </paragraph> <paragraph num="(2)"> <text>Each trip permit shall be carried in the cab of the vehicle for which the permit is issued.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Hunter's Permits. Twenty-day hunter's permits may be obtained from the Administration or authorized issuing agents for use by owner-operators whose lease with a carrier has terminated or for newly purchased vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Billing and Payment Procedures."> <paragraph num="A."> <text>Billing Notices. Upon the approval of an application for apportioned registration, the Administration will provide a billing notice to the registrant shown on the application. The notice will list the amount of all registration fees due to the State of Maryland as well as the apportioned registration fees due to each member jurisdiction.</text> </paragraph> <paragraph num="B."> <text>Payment Procedures. Payment of the apportioned registration fees due to the Administration shall be made payable to the Motor Vehicle Administration (MVA).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Registration Credentials."> <paragraph num="A."> <text>Vehicle Identification.</text> <paragraph num="(1)"> <text>Issuance of Plate and Cab Cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Administration shall issue the following to Maryland based carriers:</text> <paragraph num="(a)"> <text>A Maryland base plate bearing the legend “apportioned”;</text> </paragraph> <paragraph num="(b)"> <text>An apportioned cab card containing the following information:</text> <paragraph num="(i)"> <text>Name and address of the registrant;</text> </paragraph> <paragraph num="(ii)"> <text>Make and VIN of the vehicle;</text> </paragraph> <paragraph num="(iii)"> <text>Maryland registration plate number and registered gross weight for Maryland;</text> </paragraph> <paragraph num="(iv)"> <text>Name of each jurisdiction in which apportioned and registered gross weight for each jurisdiction; and</text> </paragraph> <paragraph num="(v)"> <text>Other information as the Administration shall deem necessary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Display. Credentials issued by the Administration shall be maintained or displayed as required by Transportation Article, §§13-409 and 13-411, Annotated Code of Maryland. The cab card shall be carried in the vehicle for which it is issued.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Replacement of Credentials.</text> <paragraph num="(1)"> <text>Application. If a Maryland apportioned registration plate or cab card is defaced, lost, or stolen, the carrier shall apply for a replacement on the appropriate form furnished by the Administration accompanied by the fee provided in this chapter.</text> </paragraph> <paragraph num="(2)"> <text>Replacement at Transfer. Application for replacement of a lost or stolen registration plate may not be accepted with a registration transfer application unless the cab card is surrendered with the supplement registration application.</text> </paragraph> <paragraph num="(3)"> <text>Cab Cards. Application for replacement of a lost cab card may not be accepted at the time a supplemental registration application is filed.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Cancellation. The Administration may cancel or suspend apportioned registration plates, cab cards, and temporary registrations as authorized by Transportation Article, §13-705, Annotated Code of Maryland. Apportioned registration plates and cab cards shall be returned to the Administration when the registration is no longer required or is suspended or cancelled.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Fees."> <paragraph num="A."> <text>General. Registration fees for apportionable vehicle services shall be determined as follows.</text> <paragraph num="(1)"> <text>For Non-Dump Service Vehicles.</text> <paragraph num="(a)"> <text>Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:</text> <paragraph num="(i)"> <text>Mileage accrued within Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>Mileage accrued in any nonmember jurisdiction which does not apportion registration fees but which grants reciprocity.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Multiply the fee for each vehicle for each jurisdiction by the percentage factor obtained in §A(1) for each jurisdiction.</text> </paragraph> <paragraph num="(c)"> <text>Add the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For Dump Service Vehicles.</text> <paragraph num="(a)"> <text>Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:</text> <paragraph num="(i)"> <text>Mileage accrued within Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>Mileage accrued in any nonmember jurisdiction which does not apportion registration fees, but which grants reciprocity.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Multiply the fee for each vehicle for each jurisdiction, except Maryland, by the percentage factor obtained in §A(2)(A) of this regulation for each jurisdiction.</text> </paragraph> <paragraph num="(c)"> <text>Add the total Maryland registration fee to the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Trailer and Auxiliary Axle Fees. The fee for the proportional registration fees of trailers, semitrailers, and auxiliary axles shall be computed for those jurisdictions which require it by using the same factor which determined the in-jurisdiction and total miles in §A. Since Maryland does not apportion these vehicles, the regular Maryland registration fee for trailers will be added to the apportioned fees.</text> </paragraph> <paragraph num="C."> <text>Additional Vehicle Fees.</text> <paragraph num="(1)"> <text>If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Administration for Maryland registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.</text> </paragraph> <paragraph num="(2)"> <text>If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.</text> </paragraph> <paragraph num="(3)"> <text>A registration transfer fee shall be paid in all cases.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Weight Increase. The fee for obtaining a higher registered gross weight for a vehicle shall be determined by multiplying the difference between the fees for the old and the new weight classifications by the applicable mileage percentage factors.</text> </paragraph> <paragraph num="E."> <text>Cab Cards. The fee for a new cab card, issued in connection with the filing of a supplemental application requiring no additional Maryland registration fees, is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="F."> <text>Duplicate Cab Cards. The fee for each duplicate cab card is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="G."> <text>Transfer of Registration. The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="H."> <text>Temporary Authorization Certificate. The fee for each temporary authorization certificate is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="I."> <text>Hunter's Permit. The fee for a hunter's permit is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="J."> <text>Trip Permit. The fee for a trip permit is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="K."> <text>Nontitled Fleet Registration. The fee for establishing a registration record for an apportioned vehicle not titled in this State is as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="L."> <text>Refunds — Maryland Fees. A refund of Maryland's apportioned registration fees will be made if any of the following occur:</text> <paragraph num="(1)"> <text>A billing error of a jurisdiction;</text> </paragraph> <paragraph num="(2)"> <text>A duplication of registration fees paid for the same apportioned vehicle;</text> </paragraph> <paragraph num="(3)"> <text>Payment in error of a full fee for a Maryland registration plate when only an apportioned registration is required;</text> </paragraph> <paragraph num="(4)"> <text>An overpayment as determined by audit; or</text> </paragraph> <paragraph num="(5)"> <text>A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Enforcement."> <paragraph num="A."> <text>Enforcement Date. A Maryland apportioned registration plate shall be attached to a vehicle and the appropriate unexpired cab card carried in the vehicle.</text> </paragraph> <paragraph num="B."> <text>Notification of Extension. If the extension of the enforcement date is necessary for any reason, the Administration will notify the law enforcement agency of each jurisdiction of the extension.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Records and Audits."> <paragraph num="A."> <text>Duty to Maintain.</text> <paragraph num="(1)"> <text>Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:</text> <paragraph num="(a)"> <text>For records produced by a means other than a vehicle-tracking system:</text> <paragraph num="(i)"> <text>The beginning and ending dates of the trip to which the records pertain;</text> </paragraph> <paragraph num="(ii)"> <text>The origin and destination of the trip;</text> </paragraph> <paragraph num="(iii)"> <text>The route of travel;</text> </paragraph> <paragraph num="(iv)"> <text>The beginning and ending reading from the odometer, hubodometer, engine control module (ECM), or any similar device for the trip;</text> </paragraph> <paragraph num="(v)"> <text>The total distance of the trip;</text> </paragraph> <paragraph num="(vi)"> <text>The distance traveled in each jurisdiction; and</text> </paragraph> <paragraph num="(vii)"> <text>The VIN or equipment number;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For records produced wholly or partly by a vehicle-tracking system, including a system based on the Global Positioning System (GPS):</text> <paragraph num="(i)"> <text>The original GPS or other location data for the vehicle to which the records pertain;</text> </paragraph> <paragraph num="(ii)"> <text>The date and time of each GPS or other system reading;</text> </paragraph> <paragraph num="(iii)"> <text>The location of each GPS or other system reading;</text> </paragraph> <paragraph num="(iv)"> <text>The beginning and ending reading from the odometer, hubodometer, ECM, or any similar device for the period to which the records pertain;</text> </paragraph> <paragraph num="(v)"> <text>The calculated distance between each GPS or other system reading;</text> </paragraph> <paragraph num="(vi)"> <text>The route of the vehicle’s travel;</text> </paragraph> <paragraph num="(vii)"> <text>The total distance traveled by the vehicle;</text> </paragraph> <paragraph num="(viii)"> <text>The distance traveled in each jurisdiction; and</text> </paragraph> <paragraph num="(ix)"> <text>The VIN or equipment number; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Summaries:</text> <paragraph num="(i)"> <text>For each month, a summary of the fleet’s operations which includes both the full distance traveled by each apportioned vehicle in the fleet during the calendar month, and the distance traveled in the month by each apportioned vehicle in each jurisdiction; and</text> </paragraph> <paragraph num="(ii)"> <text>For each calendar quarter, a summary of the fleet’s operations which includes both the full distance traveled by vehicles in the fleet during the calendar quarter, and the distance traveled in each jurisdiction by the vehicles in the fleet during the calendar quarters.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Failure to Maintain Records.</text> <paragraph num="(a)"> <text>If the records produced by the registrant for audit do not, for the registrant’s fleet as a whole, meet the criteria or if, within 30 calendar days of the issuance of a written request by the State of Maryland, the registrant produces no records, the State shall impose on the registrant:</text> <paragraph num="(i)"> <text>First offense: An assessment in the amount of 20 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain;</text> </paragraph> <paragraph num="(ii)"> <text>Second offense: The Administration shall impose an assessment of 50 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain; and</text> </paragraph> <paragraph num="(iii)"> <text>Third or subsequent offense: The Administration shall impose an assessment of 100 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Administration shall distribute the amounts of assessment it collects under this subsection on a pro rata basis to the other jurisdictions in which the fleet was registered.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Audit of Records.</text> <paragraph num="(1)"> <text>General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.</text> </paragraph> <paragraph num="(2)"> <text>Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 27, 1988 (15:13 Md. R. 1557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)</annotation> </annotations> </chapter> <chapter num="23" heading="Special Registration Plates for Recipients of Combat-Related Armed Forces Medals and Honorably Discharged Veterans"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>The Administration, in cooperation with the U.S. Department of Defense, the Maryland Department of Veterans Affairs, and appropriate representatives of the various branches of the armed forces, shall maintain a list of combat-related medals which, when awarded to an individual who registers a vehicle in this State, qualify that individual for special registration under this chapter.</text> </paragraph> <paragraph num="B."> <text>An individual who was honorably discharged from a branch of the armed forces of the United States may apply for special registration.</text> </paragraph> <paragraph num="C."> <text>An individual who is the surviving spouse, parent, child, or sibling of a person who served in the Armed Forces of the United States and lost their life may apply for special registration plates depicting the Gold Star.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Eligible Classes of Vehicles — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Fees."> <paragraph num="A."> <text>In addition to the annual registration fee required for a vehicle, a nonrefundable fee as set forth in COMAR 11.11.05 shall be paid for special registration plates under this chapter.</text> </paragraph> <paragraph num="B."> <text>The nonrefundable fee shall be assessed each time new or substitute special registration plates are issued.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Special Registration Number and Plates."> <paragraph num="A."> <text>A special registration number as specified by the Administration and assigned under this chapter consists of a logo depicting the medal, the alpha characters CR, five numeric characters, and the name, initials, or abbreviation of the name of the medal awarded on the bottom of the special registration plates, unless otherwise specified in this regulation.</text> </paragraph> <paragraph num="B."> <text>Individuals awarded the Medal of Honor or the Purple Heart or who are honorably discharged veterans shall be assigned special registration plates depicting the Medal of Honor and the alpha characters MH or a Purple Heart Medal and the alpha characters PH. The bottom of the special registration plates shall reflect the Medal of Honor or Purple Heart respectively.</text> </paragraph> <paragraph num="C."> <text>Individuals who are honorably discharged veterans of the Armed Forces of the United States shall be assigned special registration plates depicting the American flag, the alpha characters HDV, and the words Honorably Discharged Veteran on the bottom of the plates.</text> </paragraph> <paragraph num="D."> <text>Individuals awarded the Combat Infantry Badge shall be assigned special registration plates depicting the Combat Infantry Insignia, the alpha characters CIB, and the words Combat Infantry on the bottom of the plates.</text> </paragraph> <paragraph num="E."> <text>Individuals who are veterans of World Ward II shall be assigned special registration plates depicting the World War II Victory Medal, the alpha characters WWV, and the words World War II Veteran on the bottom of the plates.</text> </paragraph> <paragraph num="F."> <text>Special registration plates depicting the Gold Star shall have the alpha characters GS, and the words Gold Star on the bottom of the plates.</text> </paragraph> <paragraph num="G."> <text>A special registration plate issued for a Class D motorcycle may not have the words describing the medal printed across the bottom of the plate.</text> </paragraph> <paragraph num="H."> <text>Upon receipt of the special registration plates, the individual shall return previously issued registration plates to any Administration office for cancellation of the previous registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Certification of Combat-Related Medal."> <text>The owner, co-owner, or lessee of the vehicle to be registered under this chapter shall provide proof that is satisfactory to the Administration with the application for registration as follows:</text> <paragraph num="A."> <text>For a combat-related registration, proof shall be one of the following:</text> <paragraph num="(1)"> <text>Copy of military discharge record (Form DD 214);</text> </paragraph> <paragraph num="(2)"> <text>Copy of permanent combat-related award certificate; or</text> </paragraph> <paragraph num="(3)"> <text>Written proof from the National Personnel Records Center that the owner, co-owner, or lessee of the vehicle has been awarded the combat-related medal or qualifies for other combat-related plates under this chapter;</text> </paragraph> </paragraph> <paragraph num="B."> <text>For an honorably discharged veteran registration, proof shall be a copy of the military record (Form DD 214) evidencing an honorable discharge; or</text> </paragraph> <paragraph num="C."> <text>For a Gold Star registration, proof shall be one of the following;</text> <paragraph num="(1)"> <text>Copy of the application for a Gold Star Lapel Button (Form DD-3) approved by the Department of Defense;</text> </paragraph> <paragraph num="(2)"> <text>Copy of the casualty report issued by the military indicating the name and date of death;</text> </paragraph> <paragraph num="(3)"> <text>Copy of an overseas death certificate issued by the military indicating the name and date of death; or</text> </paragraph> <paragraph num="(4)"> <text>Self-certification by the applicant for a casualty that occurred in World War I, World War II, or the Korean War.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Cancellation of Registration."> <text>The Administration has the right to suspend a registration granted under this chapter if the applicant for registration is found, after hearing, to have perpetrated a fraud against the Administration in obtaining the special registration.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Retention of Special Registration Plates."> <paragraph num="A."> <text>A family member of the deceased owner of special registration plates issued under Transportation Article, §13-619.1, Annotated Code of Maryland, may retain the special registration plate displayed on the front of the deceased owner's vehicle as a keepsake after providing satisfactory proof that the:</text> <paragraph num="(1)"> <text>Owner of the special registration plates is deceased;</text> </paragraph> <paragraph num="(2)"> <text>Special registration plates have been cancelled or are expired; and</text> </paragraph> <paragraph num="(3)"> <text>Special registration plate with the validation tabs displayed on the rear of the deceased owner's vehicle has been surrendered to the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A special registration plate retained under the provisions of this regulation may not be displayed on any vehicle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 9, 1990 (17:13 Md. R. 1612)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)</annotation> </annotations> </chapter> <chapter num="24" heading="Proportional Registration of Rental Vehicles"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>It is the purpose of these regulations to promote and encourage the fullest possible use of the highway system, and recognize the benefits which accrue to the economy of this State from the uninterrupted flow of commerce by authorizing the proportional registration of fleets of rental vehicles and extending reciprocity to properly registered fleets.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>The provisions of these regulations extend to fleets of rental vehicles that are rented or offered for rental without drivers.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Owner” means a person in whose name or names a vehicle is properly registered.</text> </paragraph> <paragraph num="(3)"> <text>“Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity.</text> </paragraph> <paragraph num="(4)"> <text>“Preceding year” means the period of 12 consecutive months immediately before September 1st of the year immediately preceding the beginning of the registration year for which proportional registration is sought.</text> </paragraph> <paragraph num="(5)"> <text>“Rental fleet” means five or more rental vehicles which are rented or offered for rent without drivers and are designated by a rental owner as a rental fleet.</text> </paragraph> <paragraph num="(6)"> <text>“Rental owner” means an owner principally engaged, with respect to one or more rental fleets, in renting or offering for re-rental to others the vehicles of these fleets without drivers.</text> </paragraph> <paragraph num="(7)"> <text>“Rental vehicle” means any vehicle that is part of a rental fleet.</text> </paragraph> <paragraph num="(8)"> <text>“Renting” means the giving or possession and control of a rental vehicle for valuable consideration for a specified period of time not to exceed 180 days.</text> </paragraph> <paragraph num="(9)"> <text>“State” means a state of the United States, the District of Columbia, or a province or territory of Canada.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Reciprocity Extended to Rental Vehicles."> <text>A rental vehicle owned by any person, and which travels in interstate service, shall be extended full privileges to operate on highways in this State if the:</text> <paragraph num="A."> <text>Vehicles of the rental fleet are titled and registered in Maryland;</text> </paragraph> <paragraph num="B."> <text>Rental fleet is titled and registered in accordance with the provisions of Regulation .05; or</text> </paragraph> <paragraph num="C."> <text>Rental fleet is fully registered under the International Registration Plan.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Proportional Registration of Rental Motor Vehicles."> <paragraph num="A."> <text>A rental fleet may be proportionally registered if the rental:</text> <paragraph num="(1)"> <text>Vehicles are identifiable as part of the designated rental fleet; and</text> </paragraph> <paragraph num="(2)"> <text>Fleet is maintained by the rental owner in two or more states from which vehicles of the rental fleet are rented or offered for rent.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant for proportional registration of a rental fleet shall file an application with the Administration on the form required by the Administration.</text> </paragraph> <paragraph num="C."> <text>The application shall contain information disclosed under oath, and as required by the Administration, to determine the eligibility of the applicant for proportional registration. The application shall contain such other information as may be required by the Administration for the proper registration of the rental fleet.</text> </paragraph> <paragraph num="D."> <text>Applications shall be filed on the date specified by the Administration, and fees shall be paid on the vehicles to be registered in this State as determined by §§E and F.</text> </paragraph> <paragraph num="E."> <text>The percentage of the total number of rental vehicles in a rental fleet, as determined in §F, shall be fully registered and titled in this State.</text> </paragraph> <paragraph num="F."> <text>The percentage to be fully registered and titled shall be determined by dividing the gross revenue received in the preceding year for the use of the rental vehicles arising from all motor vehicle rental transactions occurring in this State by the total gross revenue received in the preceding year for the use of the rental vehicles arising from all rental transactions occurring in all jurisdictions in which the rental fleet is operated. That percentage of the total number of rental vehicles in the rental fleet, rounded off to the nearest whole number, shall be fully registered and titled in Maryland.</text> </paragraph> <paragraph num="G."> <text>When vehicles are added to the fleet after the first day of the licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles required to be registered in Maryland.</text> </paragraph> <paragraph num="H."> <text>After an application has been approved, and upon payment of the appropriate fees, the Administration shall issue:</text> <paragraph num="(1)"> <text>The registration plates or validation stickers; and</text> </paragraph> <paragraph num="(2)"> <text>A registration card which identifies the vehicle as part of a rental fleet.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The registration card shall be carried at all times in or upon the vehicle for which it has been issued.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Insurance."> <text>Vehicles rented or leased in Maryland, regardless of the state of registration, shall have and maintain automobile liability insurance in compliance with Transportation Article, Titles 17 and 18, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="New Operations."> <paragraph num="A."> <text>The initial application for proportional registration shall state the revenue data for the preceding year with respect to the rental fleet.</text> </paragraph> <paragraph num="B."> <text>If no operations were conducted with the rental fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and an estimate of the revenue of each state.</text> </paragraph> <paragraph num="C."> <text>The Administration may adjust the estimate in the application if the estimated numbers are incorrect or unreasonably forecast.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Preservation of Records and Audit."> <paragraph num="A."> <text>Records.</text> <paragraph num="(1)"> <text>An owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of 3 years after the close of the registration year.</text> </paragraph> <paragraph num="(2)"> <text>The records shall be made available upon request and during normal business hours to representatives of the Administration, for audit as to the records' accuracy.</text> </paragraph> <paragraph num="(3)"> <text>If the records are not available to substantiate the information shown on the owner's application, the Administration shall give the owner 30 days written notice to provide the records.</text> </paragraph> <paragraph num="(4)"> <text>Monthly and yearly records shall be maintained to accurately reflect the inventory count and Maryland registrations. Inventory records shall include a:</text> <paragraph num="(a)"> <text>Count of the vehicles not rented, located in each jurisdiction, at the time of the inventory count;</text> </paragraph> <paragraph num="(b)"> <text>Count of the entire fleet owned or operated, whether rented or not rented, at the time of the inventory count; and</text> </paragraph> <paragraph num="(c)"> <text>Listing of registration plate numbers and dates purchased each year.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Registration records and cancelled checks representing payment for license plates purchased or renewed shall be available for auditor review.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Audit.</text> <paragraph num="(1)"> <text>After reviewing the records in §A of this regulation, the Administration shall determine if any deficiencies exist, and shall advise the owner of any necessary corrective measures.</text> </paragraph> <paragraph num="(2)"> <text>Failure to correct any deficiencies may result in the suspension of all registrations issued to an owner.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Hearing. Before a suspension of a registration issued under these regulations, an owner may request a hearing under the provisions of State Government Article, §§10-201—10-217, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 23, 1990 (17:14 Md. R. 1759)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)</annotation> </annotations> </chapter> <chapter num="25" heading="Certificate of Origin"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>In this chapter, “certificate of origin” has the meaning stated in Transportation Article, §13-101, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Uniform Manufacturer's Certificate of Origin."> <paragraph num="A."> <text>The Manufacturer's Certificate of Origin for a new motor vehicle shall have the security features and be in the form recommended by the American Association of Motor Vehicle Administrators.</text> </paragraph> <paragraph num="B."> <text>A distributor of motor vehicles, licensed under Transportation Article, Title 15, Annotated Code of Maryland, may issue the uniform certificate of origin on behalf of the manufacturer of a new motor vehicle.</text> </paragraph> <paragraph num="C."> <text>The Manufacturer’s Certificate of Origin for trailers, with a gross vehicle weight of 3,000 pounds or less, may be exempt from the security features required in §A of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Return of Certificate of Origin."> <text>The Administration may not return a certificate of origin unless the certificate of origin accompanies an application for title reflecting a vehicle different than the vehicle actually sold.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-101, and 13-104.1(1), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 8, 1993 (20:22 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1307)</annotation> </annotations> </chapter> <chapter num="26" heading="Refund of Excise Tax"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Consumer” has the meaning stated in Commercial Law Article, §14-1501(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Owner” has the meaning stated in Transportation Article, §11-143, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Refund of Excise Tax."> <text>The Administration may not refund an excise tax collected under Transportation Article, §13-809, Annotated Code of Maryland, except under the following conditions:</text> <paragraph num="A."> <text>The return of a vehicle under Commercial Law Article, §14-1502, Annotated Code of Maryland;</text> </paragraph> <paragraph num="B."> <text>A determination by the Administration that an overpayment of excise tax has been made as a result of an error in the computation of tax at the time the vehicle is titled; or</text> </paragraph> <paragraph num="C."> <text>The acceptance, by voluntary agreement, of the return of a vehicle by a dealer from a consumer or owner within 60 days from the date of sale, provided the vehicle is not being accepted for purposes of trade in exchange for another vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Excise Tax — Replacement Vehicle."> <paragraph num="A."> <text>The Administration shall allow a credit for any excise tax paid by a consumer or owner for a vehicle returned under Regulation .02A and C of this chapter towards the excise tax imposed for a replacement vehicle.</text> </paragraph> <paragraph num="B."> <text>If the excise tax on the replacement vehicle exceeds that paid on the returned vehicle, the consumer or owner shall pay the difference to the dealer.</text> </paragraph> <paragraph num="C."> <text>If the excise tax on the replacement vehicle is less than that paid on the returned vehicle, the Administration shall refund the difference to the consumer or owner.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-808, and 13-817, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 8, 1993 (20:22 Md. R. 1708)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 5, 1995 (22:11 Md. R. 822)</annotation> </annotations> </chapter> <chapter num="27" heading="Four or More Axle Dump Service Vehicles"> <regulation prefix="Regulation" num=".01" heading="Scope and Application."> <paragraph num="A."> <text>Operating Requirements. This chapter establishes the:</text> <paragraph num="(1)"> <text>Operating requirements for a vehicle with four or more axles, one of which shall be a lift axle, operating with a dump service registration at a maximum 70,000 pound gross vehicle weight (GVW); and</text> </paragraph> <paragraph num="(2)"> <text>Requirements for the lift axle to be used on this vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A new manufactured or modified vehicle subject to these regulations shall meet or exceed all applicable federal Motor Vehicle Safety Standards (49 CFR 393, 567, and 568) and appropriate State safety laws and standards.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Authorized dealer” means a Maryland dealer licensed as a truck inspection station.</text> </paragraph> <paragraph num="(2)"> <text>“Dump service registration” means registration of a vehicle under the provisions of Transportation Article, §13-919, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Gross vehicle weight (GVW)” means the total vehicle weight, including load, as designated by the vehicle manufacturer.</text> </paragraph> <paragraph num="(4)"> <text>“Lift axle” means a variable load suspension axle that can be raised and lowered, and is capable of carrying a minimum axle load of 13,500 pounds to support the weight of a loaded vehicle operating with a gross vehicle weight of 70,000 pounds, with a maximum tolerance of minus 1,500 pounds when the lift axle is fully engaged.</text> </paragraph> <paragraph num="(5)"> <text>“Second-stage manufacturer” means a person who performs operations on an incomplete vehicle, or retrofits an existing vehicle, so that it becomes a complete vehicle in accordance with these regulations and with Transportation Article, §13-919, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, 49 CFR 393, 567, and 568 (1993) are incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Three-Axle Vehicles — Repealed." /> <regulation prefix="Regulation" num=".05" heading="Lift Axle and Vehicle Design Requirements."> <paragraph num="A."> <text>New Vehicle.</text> <paragraph num="(1)"> <text>The lift axle installed on a vehicle shall have a manufacturer's, second-stage manufacturer's, or authorized dealer's certification to carry a minimum axle load of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, or higher if the load imposed by design is greater.</text> </paragraph> <paragraph num="(2)"> <text>The lift axle shall be designed to ensure sufficient air pressure which will maintain a minimum axle load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, when fully engaged on an evenly loaded vehicle with a GVW of 70,000 pounds.</text> </paragraph> <paragraph num="(3)"> <text>All components on the vehicle shall be certified by the manufacturer, second-stage manufacturer, or authorized dealer that they are of a design and type capable of safely carrying the load induced by a four or more axle vehicle with a minimum load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500, pounds on the lift axle when fully engaged at 70,000 pounds.</text> </paragraph> <paragraph num="(4)"> <text>The lift axle shall be designed so that when in the down position the axle can only be fully engaged.</text> </paragraph> <paragraph num="(5)"> <text>Switches and Controls.</text> <paragraph num="(a)"> <text>A switch capable of only fully engaging or disengaging the lift axle may be located in the cab of the vehicle.</text> </paragraph> <paragraph num="(b)"> <text>An air pressure adjustment control may not be located in the cab of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A standard automotive air pressure valve for the lift axle shall:</text> <paragraph num="(a)"> <text>Be supplied on each vehicle that uses a lift axle;</text> </paragraph> <paragraph num="(b)"> <text>Have an external valve stem;</text> </paragraph> <paragraph num="(c)"> <text>Be located on the outside of the passenger side of the vehicle towards the rear of the cab; and</text> </paragraph> <paragraph num="(d)"> <text>Be readily accessible and visible for examination.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A vehicle shall be certified by a manufacturer, second-stage manufacturer, or authorized dealer to be in compliance with the provisions of this section.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Existing Vehicles.</text> <paragraph num="(1)"> <text>All components including a lift axle added on a retrofitted vehicle shall meet the design requirements specified in §A of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The owner of a retrofitted vehicle shall comply with the provisions of COMAR 11.15.20.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Certification."> <paragraph num="A."> <text>Certification of compliance with Regulation .05 of this chapter shall be:</text> <paragraph num="(1)"> <text>Documented on letterhead stationery by the manufacturer, second-stage manufacturer, or authorized dealer and shall include, in addition to information required by 49 CFR §§567.4 and 567.5:</text> <paragraph num="(a)"> <text>The lift axle air pressure in pounds per square inch for an axle load of 12,000 pounds when the vehicle is evenly loaded between 65,000 and 70,000 pounds GVW, and</text> </paragraph> <paragraph num="(b)"> <text>The manufacturer's, second-stage manufacturer's, or authorized dealer's license number; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Carried in the vehicle at all times and produced upon the demand of a law enforcement officer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The certification completed by the manufacturer, second-stage manufacturer, or authorized dealer in accordance with the provisions of §A of this regulation shall be submitted to the Motor Vehicle Administration at the time of registration.</text> </paragraph> <paragraph num="C."> <text>The owner of a vehicle, when applying for a dump service registration, shall certify that the vehicle shall be operated in compliance with the requirements of these regulations and complies with the provisions of COMAR 11.15.20.05.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Vehicle Operation."> <paragraph num="A."> <text>The lift axle shall be fully engaged by a dump service vehicle, which is registered for 70,000 pounds, when operating with a GVW above 55,000 pounds.</text> </paragraph> <paragraph num="B."> <text>Lift Axle Loading Requirements.</text> <paragraph num="(1)"> <text>When fully engaged in accordance with §A of this regulation, the lift axle shall have certified air pressure to assure the minimum load of 13,500 pounds with a maximum tolerance of minus 1,500 pounds for an evenly loaded vehicle with a GVW of 70,000 pounds.</text> </paragraph> <paragraph num="(2)"> <text>A vehicle operating with a GVW of less than 70,000 pounds but more than 55,000 pounds shall have a minimum lift axle loading of:</text> <paragraph num="(a)"> <text>10,000 pounds for GVW of 65,000 to 69,999 pounds; and</text> </paragraph> <paragraph num="(b)"> <text>8,000 pounds for GVW of greater than 55,000 to 64,999 pounds.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The lift axle may be disengaged during:</text> <paragraph num="(1)"> <text>Turns at intersections;</text> </paragraph> <paragraph num="(2)"> <text>Turns at sharp curves with a posted speed limit of 15 mph or less;</text> </paragraph> <paragraph num="(3)"> <text>Entering and exiting delivery or loading locations;</text> </paragraph> <paragraph num="(4)"> <text>Movement on driveways;</text> </paragraph> <paragraph num="(5)"> <text>Unloading; or</text> </paragraph> <paragraph num="(6)"> <text>Travel on routes with a snow emergency declared in accordance with Transportation Article, §21-1119, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A lift axle disengaged under §C of this regulation may be disengaged for 1/4 mile before and 1/4 mile after the authorized raising of the lift axle during operation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Enforcement."> <paragraph num="A."> <text>A dump service registration vehicle registered for 70,000 pounds GVW, traveling with a GVW over 55,000 pounds without the lift axle being fully engaged shall be in violation of Maryland law and subject to a recommended fine of $500.</text> </paragraph> <paragraph num="B."> <text>A dump service registration vehicle that is operating over 55,000 pounds GVW and displaying the proper reading on the air pressure gauge in accordance with the provisions of Regulation .06A of this chapter, but found to have a weight below the minimum required on the lift axle, as specified in Regulation .07B of this chapter, shall receive a safety equipment repair order, as defined in COMAR 11.14.01.01B(17), for an inaccurate lift axle air/weight ratio.</text> </paragraph> <paragraph num="C."> <text>A dump service registration vehicle that receives a safety equipment repair order in accordance with the provisions of §B of this regulation shall be inspected during normal business hours by:</text> <paragraph num="(1)"> <text>A Maryland manufacturer;</text> </paragraph> <paragraph num="(2)"> <text>A Maryland second-stage manufacturer;</text> </paragraph> <paragraph num="(3)"> <text>An authorized dealer;</text> </paragraph> <paragraph num="(4)"> <text>A Maryland licensed truck inspection station; or</text> </paragraph> <paragraph num="(5)"> <text>A State-operated weight facility.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A dump service registration vehicle suspected of operating in violation of §A of this regulation may be weighed by a law enforcement officer.</text> </paragraph> <paragraph num="E."> <text>Enforcement of Air Pressure Requirements.</text> <paragraph num="(1)"> <text>Enforcement of proper lift axle air pressure shall be by measuring pounds of air pressure on the lift axle and comparing this figure with the air pressure certificate.</text> </paragraph> <paragraph num="(2)"> <text>The air pressure gauge used for enforcement shall:</text> <paragraph num="(a)"> <text>Have an accuracy of ±0.5 pound per square inch;</text> </paragraph> <paragraph num="(b)"> <text>Be measured in 1 pound increments between 0 and 100 pounds;</text> </paragraph> <paragraph num="(c)"> <text>Be equipped with an air pressure release system capable of retaining the reading until purged; and</text> </paragraph> <paragraph num="(d)"> <text>Have calibration traceable to the National Institute of Standards and Technology.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The air pressure gauge used under the provisions of §E(2) of this regulation may be calibrated on a daily basis and shall be certified on not less than a semiannual basis.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If a law enforcement officer determines that the lift axle is operating below the required minimum air pressure and in violation of Maryland law, a citation may be issued with the recommended fine in accordance with the schedule shown below:</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)</annotation> </annotations> </chapter> <chapter num="28" heading="Vehicle Registration Suspension and Nonrenewal for Failure to Pay Toll"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes procedures governing the suspension or nonrenewal by the Administration of vehicle registrations for the failure to pay a notice of toll due, pursuant to Transportation Article, §§21-1414 and 27-110, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>"Authority" means the Maryland Transportation Authority or its designated agent.</text> </paragraph> <paragraph num="(3)"> <text>“Toll violation” has the meaning stated in Transportation Article, §21-1414(a)(9), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Request for Nonrenewal."> <paragraph num="A."> <text>The Administration shall refuse the registration of any motor vehicle incurring a toll violation upon notification from the Authority.</text> </paragraph> <paragraph num="B."> <text>The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.</text> </paragraph> <paragraph num="C."> <text>The Administration may renew or transfer the vehicle registration only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08A(1)(b).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Vehicle Registration Suspension."> <paragraph num="A."> <text>The Administration shall suspend the registration of any motor vehicle incurring a toll violation upon notification from the Authority.</text> </paragraph> <paragraph num="B."> <text>The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.</text> </paragraph> <paragraph num="C."> <text>The Administration may lift the suspension only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08B(1)(c).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Suspension."> <text>A notice of a proposed suspension by the Administration of a vehicle registration for failure to pay a toll violation shall:</text> <paragraph num="A."> <text>Be in writing;</text> </paragraph> <paragraph num="B."> <text>Be personally served on the registered owner by U.S. mail sent to the registered owner at the address of the individual on record with the Administration;</text> </paragraph> <paragraph num="C."> <text>State the reason for the suspension; and</text> </paragraph> <paragraph num="D."> <text>Advise the individual that all toll violations must be resolved with the Authority before the suspension may be lifted.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 18, 1999 (26:21 Md. R. 1630)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> </annotations> </chapter> <chapter num="29" heading="Rejection of Registration Plates"> <regulation prefix="Regulation" num=".01" heading="Scope and Applicability."> <paragraph num="A."> <text>The owner of a vehicle in a class eligible for registration plates consisting of letters, numbers, emblems, terms, symbols, logos, or a combination of them may apply for a special registration plate from the Administration.</text> </paragraph> <paragraph num="B."> <text>This chapter applies to all registration plates issued under COMAR 11.15.07 and 11.15.19 regardless of the date of issuance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Refusal to Issue Registration Plates."> <text>The Administration may refuse to issue or rescind issuance of a registration plate containing letters, numbers, emblems, terms, symbols, logos, or a combination of them which:</text> <paragraph num="A."> <text>Is identical to one already issued by the Administration;</text> </paragraph> <paragraph num="B."> <text>Is being requested for a fraudulent or deceptive purpose;</text> </paragraph> <paragraph num="C."> <text>Has a scatological or sexual meaning or connotation;</text> </paragraph> <paragraph num="D."> <text>Contains profanities, epithets, or obscenities;</text> </paragraph> <paragraph num="E."> <text>Communicates a message of any kind about any of the following characteristics of a group of people:</text> <paragraph num="(1)"> <text>Race,</text> </paragraph> <paragraph num="(2)"> <text>Ethnic or national origin,</text> </paragraph> <paragraph num="(3)"> <text>Color,</text> </paragraph> <paragraph num="(4)"> <text>Religion,</text> </paragraph> <paragraph num="(5)"> <text>Disability, or</text> </paragraph> <paragraph num="(6)"> <text>Sexual orientation;</text> </paragraph> </paragraph> <paragraph num="F."> <text>Makes reference to the commission of illegal acts; or</text> </paragraph> <paragraph num="G."> <text>Contains any other combination that the Administrator finds unacceptable within the law.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Compliance."> <text>The Administration shall determine compliance with the conditions set forth in Regulation .02 of this chapter by reference to current and historical usage.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Complaints."> <text>A complaint that a plate violates the conditions of Regulation .02 of this chapter may cause the Administration to review the matter, but may not by itself serve as a basis for a determination that the conditions of Regulation .02 of this chapter have been violated.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Administrative Appeals."> <text>An organization or individual whose preferred letters, numbers, emblems, terms, symbols, logos, or a combination of them are disapproved by the Administration under this chapter is entitled to a hearing before the Office of Administrative Hearings pursuant to the Administrative Procedures Act.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 18, 1999 (26:21 Md. R. 1630)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)</annotation> </annotations> </chapter> <chapter num="30" heading="Issuance of Special Agriculture Registration Plates"> <regulation prefix="Regulation" num=".01" heading="Issuance of Special Agriculture Registration Plates."> <paragraph num="A."> <text>In accordance with Transportation Article, §13-619.2, Annotated Code of Maryland, the Motor Vehicle Administration may issue a specially designed registration plate to honor Maryland agriculture.</text> </paragraph> <paragraph num="B."> <text>Special agriculture registration plates issued to vehicles registered as Class A, E, or M vehicles, with disabled person's or personalized plates, may be of a different design than those issued to other Class A, E, or M vehicles.</text> </paragraph> <paragraph num="C."> <text>Special agriculture registration plates issued to vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland, to the Maryland National Guard, or to volunteer fire, rescue, or ambulance companies in Maryland, shall be of the same design as the plates issued to vehicles not exempt from the additional registration fee.</text> </paragraph> <paragraph num="D."> <text>If special agriculture registration plates are issued as replacements for other registration plates, the previously issued plates and registration certificate shall immediately be surrendered to the Motor Vehicle Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Distribution of Funds."> <paragraph num="A."> <text>The fee provided for in COMAR 11.11.05.04(A)(3)(a) for original special agriculture registration plates shall be distributed equally between the Motor Vehicle Administration and the Maryland Agricultural Education Foundation.</text> </paragraph> <paragraph num="B."> <text>The fee provided for in COMAR 11.11.05.04(A)(3)(b) for renewal of special agriculture registration plates shall be distributed to the Maryland Agricultural Education Foundation.</text> </paragraph> <paragraph num="C."> <text>Money collected through the sale and renewal of special agriculture registration plates and due to the Maryland Agricultural Education Foundation shall be transferred monthly to the Foundation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Nature of the Maryland Agricultural Education Foundation."> <text>The Maryland Agricultural Education Foundation is a nonprofit organization created as a result of the Governor's Task Force on Agricultural Education in 1989 to promote the education and appreciation of agriculture in the State.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-619.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2001 (28:8 Md. R. 762)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, F amended effective November 5, 2007 (34:22 Md. R. 1978)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)</annotation> </annotations> </chapter> <chapter num="31" heading="Electronic Transmission of Titling and Registration Information"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to:</text> <paragraph num="A."> <text>Govern the electronic transmission of vehicle titling and registration information and transactions; and</text> </paragraph> <paragraph num="B."> <text>Determine the fee charged for this service as authorized under Transportation Article, §§13-108.1 and 13-610, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Authorized user” means an employee of an authorized participant who is designated by that participant to use the electronic system.</text> </paragraph> <paragraph num="(3)"> <text>“Authorized user affidavit” means a written agreement between the Administration and an authorized user of the electronic system.</text> </paragraph> <paragraph num="(4)"> <text>“Contractor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with authorized participants, for the purpose of accessing vehicle information and processing vehicle title and registration transactions electronically.</text> </paragraph> <paragraph num="(5)"> <text>“Contractor's agreement” means a written agreement between the Administration and a contractor who establishes and provides an electronic system.</text> </paragraph> <paragraph num="(6)"> <text>“Electronic system” means the host system and computer program established by the contractor, and approved by the Administration, used by participants to electronically access vehicle information and process vehicle title and registration transactions.</text> </paragraph> <paragraph num="(7)"> <text>“Electronic system agreement” means a written agreement between a contractor and a participant that allows the use of the electronic system and establishes the fees paid to the contractor by the participant.</text> </paragraph> <paragraph num="(8)"> <text>“Host system” means the computer system created by the contractor as an interface between the participant's and the Administration's computer.</text> </paragraph> <paragraph num="(9)"> <text>“Participant” means a “service provider” as defined in Transportation Article, §13-610, Annotated Code of Maryland, who has entered into an agreement with the Administration and a contractor who provides the participant use of the electronic system.</text> </paragraph> <paragraph num="(10)"> <text>“Participant's agreement” means a written agreement between the Administration and the participant that authorizes electronic access to Administration records for the limited purpose of titling and registering vehicles in Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Program” means the computer program established by the contractor, and approved by the Administration, to electronically access vehicle information and process vehicle title and registration transactions.</text> </paragraph> <paragraph num="(12)"> <text>“Registered agent” means a person registered with the State Department of Assessments and Taxation as agent for service of process on the contractor.</text> </paragraph> <paragraph num="(13)"> <text>“Soundex code” means an identification code issued by the Administration to an individual or company for the purpose of entering, locating, and retrieving information in a database.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Service Agreement — General."> <paragraph num="A."> <text>The Administration, in accordance with procurement procedures established by the laws of Maryland, may accept proposals and execute agreements with independent contractors.</text> </paragraph> <paragraph num="B."> <text>The agreement shall be made and entered into in Maryland, and under the laws of Maryland.</text> </paragraph> <paragraph num="C."> <text>The laws of Maryland shall govern the resolution of any issues arising in connection with the agreement, including but not limited to:</text> <paragraph num="(1)"> <text>All questions concerning the validity of the agreement;</text> </paragraph> <paragraph num="(2)"> <text>The capacity of the parties to enter into a agreement;</text> </paragraph> <paragraph num="(3)"> <text>Any modification or amendment to the agreement; and</text> </paragraph> <paragraph num="(4)"> <text>The rights and obligations under the agreement.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The agreement:</text> <paragraph num="(1)"> <text>Shall be the exclusive statement of the parties with respect to its subject matter;</text> </paragraph> <paragraph num="(2)"> <text>May not be modified, in any manner, except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation; and</text> </paragraph> <paragraph num="(3)"> <text>May not be assigned except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Severability. If any provision or portion of an agreement is determined by a court of law to be void, invalid, or otherwise unenforceable, that provision or portion may be renegotiated by the parties, but the remainder of the agreement shall remain in effect.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Contractor's Agreement."> <paragraph num="A."> <text>The contractor's agreement:</text> <paragraph num="(1)"> <text>Shall be the product of mutual negotiations and neither party may be construed as the primary drafter of the agreement;</text> </paragraph> <paragraph num="(2)"> <text>Shall include a technical proposal;</text> </paragraph> <paragraph num="(3)"> <text>Shall define services under the terms of the agreement and technical proposal; and</text> </paragraph> <paragraph num="(4)"> <text>May not be deviated from unless approved, in advance, by the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The contractor shall:</text> <paragraph num="(1)"> <text>Enter into a written agreement with the Administration to create an electronic system for the:</text> <paragraph num="(a)"> <text>Purpose of accessing vehicle information, processing vehicle title and registration transactions; and</text> </paragraph> <paragraph num="(b)"> <text>Transfer of funds between participants and the Administration;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Have a written agreement approved by the Administration with approved participants, before transmitting vehicle title and registration transactions and fees to the Administration by way of the electronic system; and</text> </paragraph> <paragraph num="(3)"> <text>Enter into a contractual agreement with each authorized participant to provide the participant:</text> <paragraph num="(a)"> <text>With the capacity to use the electronic system; and</text> </paragraph> <paragraph num="(b)"> <text>Access to vehicle title and registration transactions only as approved by the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Only the Administration may authorize an entity's use of the electronic system to electronically transmit approved title and registration transactions, and fees as a participant.</text> </paragraph> <paragraph num="D."> <text>Participants may include, but are not limited to:</text> <paragraph num="(1)"> <text>A licensed dealer as defined in Transportation Article, §§11-111 and 15-301, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>A licensed title service agent as defined in Transportation Article, §15-601, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>A licensed automotive dismantler and recycler as defined in Transportation Article, §15-501, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>A state agency or political subdivision pursuant to Transportation Article, §13-404, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>A vehicle leasing company; or</text> </paragraph> <paragraph num="(6)"> <text>A banking or financial institution.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Participant's Agreement."> <paragraph num="A."> <text>The participant's agreement authorizes a participant to:</text> <paragraph num="(1)"> <text>Access the Administration's vehicle records and use the electronic system for the limited purpose of titling and registering vehicles in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Process vehicle transactions;</text> </paragraph> <paragraph num="(3)"> <text>Issue registration documents; and</text> </paragraph> <paragraph num="(4)"> <text>Collect appropriate fees on behalf of the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The participant's agreement:</text> <paragraph num="(1)"> <text>Shall require the participant to transfer funds to the contractor's account on the same date vehicle transaction data is transmitted;</text> </paragraph> <paragraph num="(2)"> <text>Shall require the participant to indemnify the contractor and the Administration, jointly and severally, for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses that arise in whole or in part out of acts or omissions of the participant with respect to the electronic system or the application of laws restricting access to disclosure of vehicle records available through the electronic system, including, without limitation, reasonable attorney's fees and other costs of defending any action or claim;</text> </paragraph> <paragraph num="(3)"> <text>Shall remain in effect as long as the participant's business license issued, or renewed, under Transportation Article, Title 15, Annotated Code of Maryland, remains in effect; and</text> </paragraph> <paragraph num="(4)"> <text>May be terminated by:</text> <paragraph num="(a)"> <text>A participant upon written notice to the Administration;</text> </paragraph> <paragraph num="(b)"> <text>The Administration at any time by giving notice to the participant; or</text> </paragraph> <paragraph num="(c)"> <text>The contractor upon written notice to the Administration and the participant.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Electronic Interface."> <paragraph num="A."> <text>Establishment. Pursuant to this chapter, a contractor shall develop the following at its own expense:</text> <paragraph num="(1)"> <text>An electronic system that will enable authorized participants to:</text> <paragraph num="(a)"> <text>Access vehicle records and process vehicle title and registration transactions electronically; and</text> </paragraph> <paragraph num="(b)"> <text>Issue permanent registration plates and stickers for their customers at the point of vehicle sale; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A computer program for the electronic transfer of funds collected by participants for titling and registration fees and to ensure that all moneys collected by participants are transferred to the proper account on the same date the vehicle transaction data is transmitted.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Specifications.</text> <paragraph num="(1)"> <text>A contractor shall develop and maintain an electronic system that allows a participant's terminal, when under the control of an authorized user, access to information available from the Administration's databases using the contractor's electronic system.</text> </paragraph> <paragraph num="(2)"> <text>A contractor shall interface to the Administration's mainframe in accordance with the Administration's specifications.</text> </paragraph> <paragraph num="(3)"> <text>The Administration reserves the right to select the method of connection to be used by each participant, provided the security measures set forth in Regulation .11D of this chapter are met.</text> </paragraph> <paragraph num="(4)"> <text>The specifications described in this regulation may not be materially changed in any manner except by written amendment to the agreement and approved according to the procedures established by State law and regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Software Escrow.</text> <paragraph num="(1)"> <text>The contractor's software, for which the contractor or others have copyright or ownership rights in its current version and in its most recent past version, used to perform the work required by this regulation shall be escrowed with an independent third party who will act as an escrow agent.</text> </paragraph> <paragraph num="(2)"> <text>Software shall include:</text> <paragraph num="(a)"> <text>All source codes;</text> </paragraph> <paragraph num="(b)"> <text>Maintenance tools;</text> </paragraph> <paragraph num="(c)"> <text>Proprietary or third party utilities;</text> </paragraph> <paragraph num="(d)"> <text>Descriptions of the software program generation;</text> </paragraph> <paragraph num="(e)"> <text>Names and home addresses of key programmers; and</text> </paragraph> <paragraph num="(f)"> <text>Documentation, and related materials.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Copies of all licenses or agreements, which permit the contractor to use commercially available software in performing the work required by this regulation, shall also be escrowed.</text> </paragraph> <paragraph num="(4)"> <text>The Administration shall approve the escrow agent and the contractor's and escrow agent's escrow policies and procedures regarding, but not limited to:</text> <paragraph num="(a)"> <text>Frequency of escrowed software updates;</text> </paragraph> <paragraph num="(b)"> <text>Maintenance of escrowed items at the escrow agent;</text> </paragraph> <paragraph num="(c)"> <text>Item release conditions;</text> </paragraph> <paragraph num="(d)"> <text>Procedures for dispute resolution; and</text> </paragraph> <paragraph num="(e)"> <text>The name and address of the party who shall periodically audit the escrow account.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Escrowed item formats may include, but are not limited to, magnetic tapes, disks, disk packs, diskettes, compact disks, compact disk read-only memory, other forms of media in machine readable form, and the written documentation prepared in connection with the software.</text> </paragraph> <paragraph num="(6)"> <text>Escrowed software may not include encrypted data with any keys provided, or with viruses or corrupted data.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Upgrades. A contractor shall obtain written approval from the Administration before the implementation of any software modifications or enhancements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Distribution of Materials."> <text>A contractor shall make available to the participants a supply of vehicle registration materials adequate to meet demand, subject to inventory control and record-keeping requirements as established by the Administration.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Transfer of Electronic Vehicle Transactions."> <text>A contractor shall collect from participants and transmit to the Administration the following:</text> <paragraph num="A."> <text>Applications for certificate of title;</text> </paragraph> <paragraph num="B."> <text>Applications for vehicle registration and renewals of registration;</text> </paragraph> <paragraph num="C."> <text>Related filings, applications, and other matters of official business which may from time to time be approved for inclusion in the program as agreed on by the Administration, the contractor, and participant; and</text> </paragraph> <paragraph num="D."> <text>A record of payments made for fees, sales taxes, penalties, and other charges relating to this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Collection and Transfer of Funds."> <paragraph num="A."> <text>Responsibility of Participant. A participant:</text> <paragraph num="(1)"> <text>Shall bear sole responsibility for the collection of funds that are transferred by the participant to the contractor's account;</text> </paragraph> <paragraph num="(2)"> <text>Shall transmit all funds and data in accordance with Transportation Article, §13-113, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>May be relieved of its responsibilities for the transfer of the funds to the contractor only when evidence is shown that the proper funds were electronically transferred to the contractor's account.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Electronic Transfer of Funds. The contractor:</text> <paragraph num="(1)"> <text>Shall collect from the participant all fees, payments, sales taxes, penalties, and other sums collected by participants in connection with vehicle titling, registration, registration renewal, and other services as agreed on;</text> </paragraph> <paragraph num="(2)"> <text>Shall transfer electronically to the account of the State Treasurer immediately upon receipt from the participant, all moneys due the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Shall transfer funds simultaneously with the transmission of related title and registration information;</text> </paragraph> <paragraph num="(4)"> <text>May not debit the State Treasurer's account without written authorization from the Administration; and</text> </paragraph> <paragraph num="(5)"> <text>Shall promptly notify the Administration if the contractor fails to receive final collected funds of any funds transferred by the participant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Treasury Regulations Applicable. Electronic fund transfers shall be conducted in accordance with:</text> <paragraph num="(1)"> <text>Applicable regulations of the State Treasurer's Office; and</text> </paragraph> <paragraph num="(2)"> <text>Any further terms, conditions, and procedures consonant with those regulations, as may be required by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Guarantor. The contractor shall be construed as a guarantor of payments made by the participants and transferred by the contractor.</text> </paragraph> <paragraph num="E."> <text>Compensation.</text> <paragraph num="(1)"> <text>The contractor may not receive compensation from the Administration for transmitting vehicle title and registration transactions to the Administration by way of the electronic system.</text> </paragraph> <paragraph num="(2)"> <text>Pursuant to agreement, contractors may charge participants:</text> <paragraph num="(a)"> <text>Monthly participation fees; and</text> </paragraph> <paragraph num="(b)"> <text>Fees for each electronic submission of vehicle title and registration transactions.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Pursuant to Transportation Article, §13-610, Annotated Code of Maryland, and COMAR 11.12.01.23, a participant may charge customers a separate service fee for providing services by way of the electronic system.</text> </paragraph> <paragraph num="(4)"> <text>A participant may not charge any other fees for filling out applications or for other services relating to vehicle title or registration transactions processed by way of the electronic system, unless authorized to do so by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Equipment and Maintenance."> <paragraph num="A."> <text>Equipment.</text> <paragraph num="(1)"> <text>The contractor shall provide to the Administration its application software and communication lines to the host system.</text> </paragraph> <paragraph num="(2)"> <text>The contractor shall provide to the Administration, at its own expense, and retain ownership of:</text> <paragraph num="(a)"> <text>Equipment necessary to provide a communications interface between the host system and the Administration's data processing resources such as devices, modems, telephone and data lines, wiring, and communications facilities; and</text> </paragraph> <paragraph num="(b)"> <text>Security devices and measures required by the security provisions under Regulation .11 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Upon reasonable notice a contractor has the right to secure and to remove any of its equipment physically located in an area within the control of the Administration or the State upon termination of the service agreement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maintenance. A contractor shall:</text> <paragraph num="(1)"> <text>Bear responsibility for maintaining its equipment and other components;</text> </paragraph> <paragraph num="(2)"> <text>Provide to the Administration installation and release notes of all application software upgrades;</text> </paragraph> <paragraph num="(3)"> <text>Repair or replace defective or deficient equipment or other components in a timely manner;</text> </paragraph> <paragraph num="(4)"> <text>Respond to any service calls within 4 hours during normal business hours; and</text> </paragraph> <paragraph num="(5)"> <text>Give reasonable advance notice to the Administration of the need to access the Administration's facilities for installation, maintenance, testing, and repair of any equipment, device, modem, telephone or data line, wiring, or other component of the communication interface between the contractor and the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Security Provisions."> <paragraph num="A."> <text>General Characteristics. A contractor shall incorporate the following security measures into the host system and other components of the electronic system:</text> <paragraph num="(1)"> <text>The host system shall control the communications data flow between the Administration and the participant;</text> </paragraph> <paragraph num="(2)"> <text>Each participant's terminal shall be a termination point in the contractor's communication network; and</text> </paragraph> <paragraph num="(3)"> <text>A contractor shall notify each participant that the terminal may not serve as an intermediate communications mode for other remote networks.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Documentation.</text> <paragraph num="(1)"> <text>A contractor shall supply the Administration with current, reasonably detailed information regarding the electronic system, including:</text> <paragraph num="(a)"> <text>Hardware and software configuration diagrams containing functional system descriptions;</text> </paragraph> <paragraph num="(b)"> <text>Reasonably detailed descriptions of security functions, including password usage; and</text> </paragraph> <paragraph num="(c)"> <text>A network configuration diagram.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A contractor shall supply documentation:</text> <paragraph num="(a)"> <text>For each type of system employed by the contractor, if more than one; and</text> </paragraph> <paragraph num="(b)"> <text>On any material change made in hardware or software that may affect the contractor, a participant, or access to Administration data.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration:</text> <paragraph num="(a)"> <text>Shall use the information under §B(1) and (2) of this regulation solely for internal audits, security audits, and technical testing with respect to the electronic system;</text> </paragraph> <paragraph num="(b)"> <text>Shall treat the information as computer software developed for a State agency or vendor proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(c)"> <text>May not disclose the information unless required to do so by judicial order.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Access.</text> <paragraph num="(1)"> <text>A contractor shall develop procedures to control access to the electronic system to participants who assure the Administration that access is:</text> <paragraph num="(a)"> <text>Available only to participants and users who have been authorized and accurately identified;</text> </paragraph> <paragraph num="(b)"> <text>Available to the Administration for open transactions within the contractor's system; and</text> </paragraph> <paragraph num="(c)"> <text>Monitored to ensure that all access is traceable by the Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Administration shall allow authorized participants access only to the Administration's database files as necessary to process vehicle title and registration transactions.</text> </paragraph> <paragraph num="(3)"> <text>A participant, and its employees, may not sell or impart to any person, firm, or corporation any information obtained from Administration records, including listings of individuals, for any reason.</text> </paragraph> <paragraph num="(4)"> <text>Information obtained through this access is subject to the restrictions upon use and dissemination imposed by:</text> <paragraph num="(a)"> <text>General Provisions Article, Title 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 11.17.10;</text> </paragraph> <paragraph num="(c)"> <text>COMAR 11.17.12;</text> </paragraph> <paragraph num="(d)"> <text>The Motor Vehicle Administration regulations on access to records in COMAR 11.11.09; and</text> </paragraph> <paragraph num="(e)"> <text>Any successor regulations adopted by the Administration concerning disclosure or dissemination of any information obtained from Administration records or files.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Confidentiality of Information and Computer Security.</text> <paragraph num="(1)"> <text>A contractor shall:</text> <paragraph num="(a)"> <text>Ensure the confidentiality and the nondisclosure of records described in this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Require each participant, as part of the participant's agreement, to implement procedures that ensure that:</text> <paragraph num="(i)"> <text>Terminals are not left unattended while logged on to the host system;</text> </paragraph> <paragraph num="(ii)"> <text>Terminals, including any monitor, printer, printout, or other form of display or duplication of vehicle record information, are placed to prevent the information from being viewed by unauthorized persons; and</text> </paragraph> <paragraph num="(iii)"> <text>Any printed copy of a vehicle record is destroyed when its legitimate use has ended;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Configure the computer program to cause a terminal to log off automatically when no response or command is generated within a 15-minute time period; and</text> </paragraph> <paragraph num="(d)"> <text>Enforce these requirements by canceling access for any participant who does not uniformly comply with them.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A participant is responsible for:</text> <paragraph num="(a)"> <text>Safeguarding the automated equipment which provides access to the electronic system;</text> </paragraph> <paragraph num="(b)"> <text>Limiting access to those persons who are authorized users of the electronic system and who have been properly instructed as to their duties and responsibilities as authorized users; and</text> </paragraph> <paragraph num="(c)"> <text>Using either an integrated terminal or one that is not used for any other purpose or in any other system.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A participant shall implement procedures to ensure that:</text> <paragraph num="(a)"> <text>The automated equipment is located in an area that prevents information, including any printed copy of a vehicle record, from being viewed by persons who are not authorized users of the equipment; and</text> </paragraph> <paragraph num="(b)"> <text>Any printed copy of the information obtained from Administration files is destroyed when its legitimate use has ended.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The contractor, participant, and their respective employees shall:</text> <paragraph num="(a)"> <text>Maintain information obtained from the program in strictest confidence, not to be disclosed to any other person, firm, or corporation;</text> </paragraph> <paragraph num="(b)"> <text>Limit access to and use of information and computer resources to program activities; and</text> </paragraph> <paragraph num="(c)"> <text>Be aware that the Administration adheres to:</text> <paragraph num="(i)"> <text>State policies for data processing resources security authorized by the Governor's Executive Order 01.01.1983.18; and</text> </paragraph> <paragraph num="(ii)"> <text>Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Failure of the contractor, participant, or any of their respective employees to abide by the same policies and statutes, as specified in §D(2) and (4) of this regulation, may result in the Administration prosecuting or seeking remedies made available to it by contract, user agreement, statute, or regulation.</text> </paragraph> <paragraph num="(6)"> <text>Other federal and State laws and regulations that affect the access to and use of computer information are the:</text> <paragraph num="(a)"> <text>U. S. Computer Crime Statute of 1984 (18 U.S.C. §1030);</text> </paragraph> <paragraph num="(b)"> <text>Federal Information Security Management Act of 2002 (44 U.S.C. §3541 et seq.);</text> </paragraph> <paragraph num="(c)"> <text>Privacy Act of 1974 (5 U.S.C. §552a);</text> </paragraph> <paragraph num="(d)"> <text>Federal Freedom of Information Act (5 U.S.C. §552) and General Provisions Article, Title 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(e)"> <text>Computer Fraud and Abuse Act of 1986 (18 U.S.C. §1030 et seq.);</text> </paragraph> <paragraph num="(f)"> <text>National Driver Register Act of 1982 (49 U.S.C. §30301 et seq.);</text> </paragraph> <paragraph num="(g)"> <text>Computer Software Rental Amendments Act of 1990 (17 U.S.C. §109);</text> </paragraph> <paragraph num="(h)"> <text>Fair Credit Reporting Act (15 U.S.C. §1681 et seq.);</text> </paragraph> <paragraph num="(i)"> <text>Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and</text> </paragraph> <paragraph num="(j)"> <text>National Institute of Standards and Technology Act (15 U.S.C. §271 et seq.).</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Suspension and Termination of Access Privileges."> <paragraph num="A."> <text>Contractor. The Administration may terminate, without notice, the access privileges of a contractor immediately upon discovery of any breach of:</text> <paragraph num="(1)"> <text>The contractor's agreement; or</text> </paragraph> <paragraph num="(2)"> <text>Any other agreement relating to the electronic system between a contractor and the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Participant. The contractor or the Administration may suspend or terminate, without notice, the access privileges of a participant immediately upon discovery of any breach of:</text> <paragraph num="(1)"> <text>The participant's agreement;</text> </paragraph> <paragraph num="(2)"> <text>The electronic system agreement; or</text> </paragraph> <paragraph num="(3)"> <text>Any other agreement relating to the electronic system between a participant and the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Individual Authorized User. A contractor, the Administration, or a participant may suspend or terminate, without notice, access privileges of an authorized user:</text> <paragraph num="(1)"> <text>Upon discovery of any breach of, or failure to fulfill, any responsibility established within any agreement relating to the electronic system; or</text> </paragraph> <paragraph num="(2)"> <text>For any violation of Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland, or any successor statutes and implementing regulations.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Notice of Termination. Written notice shall be sent to the Manager of Business Licensing and Consumer Services at the Administration by:</text> <paragraph num="(1)"> <text>A contractor before terminating a participant; or</text> </paragraph> <paragraph num="(2)"> <text>A participant immediately on termination of a user for reasons specified in §C of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Provision for Liquidated Damages."> <paragraph num="A."> <text>In addition to any other remedies available to the Administration in law, if the contractor fails to provide the services, equipment, or other items required by this chapter within the prescribed time limits, the Administration may elect to provide or obtain services, equipment, or other items necessary to comply with this chapter.</text> </paragraph> <paragraph num="B."> <text>Pursuant to §A of this regulation, the contractor shall pay the total cost incurred by the Administration for obtaining replacement services, equipment, and other necessary items.</text> </paragraph> <paragraph num="C."> <text>The Administration shall have the unilateral right of alternate source selection to perform the work of this chapter when the contractor does not perform the required work.</text> </paragraph> <paragraph num="D."> <text>In addition to the replacement costs described in §A of this regulation, the contractor also shall pay liquidated damages for any delay or failure in performance, as well as for any related damages sustained by the Administration.</text> </paragraph> <paragraph num="E."> <text>The assessment of liquidated damages by the Administration against the contractor does not supersede or affect the right of the Administration to impose other remedies available to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Cost Savings and Reporting Requirements."> <paragraph num="A."> <text>Upon request, a contractor shall assist the Administration in periodically determining estimated cost savings realized by the electronic system.</text> </paragraph> <paragraph num="B."> <text>The Administration shall develop a schedule of reports to be provided by the contractor, at no cost to the Administration, for submitting summary information relating to the electronic system in a format specified by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Training and Promotional Activities."> <paragraph num="A."> <text>Training of Authorized Users. A contractor shall:</text> <paragraph num="(1)"> <text>Seek advance approval from the Administration for the training program; and</text> </paragraph> <paragraph num="(2)"> <text>Require, in each electronic system agreement, that a participant requires each authorized user to attend periodic training with respect to:</text> <paragraph num="(a)"> <text>Proper procedures for use of the program;</text> </paragraph> <paragraph num="(b)"> <text>Constraints upon use and disclosure of the information made available throughout the program; and</text> </paragraph> <paragraph num="(c)"> <text>Sanctions for misuse or abuse of the program.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Promotional Activities.</text> <paragraph num="(1)"> <text>A contractor may engage in promotional activities with respect to the program, including the solicitation of potential participants, in person, by mail, and by telephone.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall make reasonably available to the contractor, for use in its promotional activities, lists maintained by the Administration with respect to potential participants.</text> </paragraph> <paragraph num="(3)"> <text>The promotional activities may not suggest that any contractor is approved or endorsed by the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Use of Administration's Name.</text> <paragraph num="(1)"> <text>A contractor may use the Administration's name as necessary in connection with its provision of services to the participants, with the prior approval of the Administration, and that approval may not be unreasonably withheld or delayed.</text> </paragraph> <paragraph num="(2)"> <text>A contractor may not state or imply that the:</text> <paragraph num="(a)"> <text>Administration recommends or requires the use of the contractor's program or services to the exclusion of other similarly available services; or</text> </paragraph> <paragraph num="(b)"> <text>Contractor is the exclusive provider of access to the Administration's vehicle records.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Intellectual Property Rights."> <paragraph num="A."> <text>Property Rights Reserved to Contractor.</text> <paragraph num="(1)"> <text>The contractor reserves full ownership rights to all forms of intellectual property developed by it for utilization in connection with the electronic system which comprise the host system and programs.</text> </paragraph> <paragraph num="(2)"> <text>Subject to the agreement, the intellectual property consists of all proprietary program components necessary to collect, assemble, and transmit to and receive from the Administration the inquiries, information, and fund transfers including:</text> <paragraph num="(a)"> <text>Any inventions, devices, processes, software, and formulas used in or comprising any component of the electronic system not already in use by the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Any trademarks and service marks used in connection with the program and not already in use by the Administration; and</text> </paragraph> <paragraph num="(c)"> <text>Any written material relating to the electronic system which may be the subject of protection under the copyright laws of the United States or foreign countries, including, without limitation, all user and training manuals and other publications relating to the program not developed by the Administration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Administration acknowledges this reservation of any property rights not developed by the Administration and covenants not to take any action in derogation of these rights, except as is explicitly provided for in the agreement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Patent, Trademark, Service Mark, and Copyright Protection. Except as required in Regulation .15C of this chapter, the Administration may not interfere with any efforts the contractor undertakes to register patents, trademarks, service marks, or copyrights associated with the program which have not been developed by the Administration or are not already in use by the Administration.</text> </paragraph> <paragraph num="C."> <text>Confidentiality.</text> <paragraph num="(1)"> <text>The Administration shall treat all plans, specifications, drawings, diagrams, software, computer programs, procedures, processes, and other proprietary materials relating to the electronic system as computer software developed for a State agency and proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland, and agrees not to disclose this information unless required to do so by judicial order.</text> </paragraph> <paragraph num="(2)"> <text>The contractor agrees that it will defend against disclosure of any information, which it deems to be proprietary, hold the Administration harmless, and bear all legal expenses. Its failure to do so shall constitute a waiver of any claim that the material is proprietary.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Trade Secrets.</text> <paragraph num="(1)"> <text>All proprietary information and materials developed by the contractor in the course of the program comprising the electronic system, including, without limitation, all formulas, patents, compilations, programs, devices, methods, techniques, and processes, may constitute trade secrets of the contractor within the meaning of that term as defined in General Provisions Article, Title 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>The Administration may not interfere with any action for damages or injunctive relief brought by a contractor in response to misappropriation of a trade secret by a third party.</text> </paragraph> <paragraph num="(3)"> <text>This section does not constitute an admission or cooperation agreement on the part of the Administration for the purposes of any litigation or claim arising between the Administration and a contractor.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Plans, Specifications, Programs, Manuals, and Related Materials.</text> <paragraph num="(1)"> <text>Plans, specifications, drawings, diagrams, manuals, computer programs, and related materials developed by a contractor with respect to the electronic system remain the sole property of the contractor, and review, consultation of, or possession of these materials by the Administration does not constitute a waiver of the contractor's property interests in them.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall return, or afford a contractor reasonable opportunities to collect, all program materials upon the expiration or termination of the agreement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Limitation of Liability and Indemnification."> <paragraph num="A."> <text>Limited Scope of Contractor Duties to the Administration.</text> <paragraph num="(1)"> <text>Accuracy and Completeness. A contractor:</text> <paragraph num="(a)"> <text>Shall receive and transmit information, completely and without change, to and from the Administration's databases to participants;</text> </paragraph> <paragraph num="(b)"> <text>Does not guarantee the accuracy of information transmitted without change to and from the Administration, regardless of the actual accuracy of the content of the information so transmitted; and</text> </paragraph> <paragraph num="(c)"> <text>Has no duty to make inquiry regarding the actual accuracy of any information.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Electronic Funds Transfers.</text> <paragraph num="(a)"> <text>A contractor shall promptly transmit all funds, remitted by participants, to the State Treasurer's account as required under Regulation .09 of this chapter.</text> </paragraph> <paragraph num="(b)"> <text>A contractor shall promptly correct any reported or discovered error or omission it makes relating to an electronic fund transfer.</text> </paragraph> <paragraph num="(c)"> <text>A contractor remains responsible for funds that are collected and remitted by the participant for transfer pursuant to Regulation .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Vehicle Registration Materials.</text> <paragraph num="(a)"> <text>The participant is solely responsible for:</text> <paragraph num="(i)"> <text>Its issuance of vehicle registration materials; and</text> </paragraph> <paragraph num="(ii)"> <text>The loss or misappropriations of vehicle registration materials while vehicle registration materials are in its possession.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A contractor is solely responsible for the vehicle registration materials from the time they are delivered by the Administration to the contractor until the time they are delivered by the contractor to the participant.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Limitation of Liability. This section and §§C—F of this regulation are to be read and construed in conjunction with §A of this regulation setting forth the limited scope of the duties of a contractor to the Administration. This section and §§C—F of this regulation do not broaden the scope of those duties or create any duty not otherwise explicitly imposed upon the contractor.</text> </paragraph> <paragraph num="C."> <text>Liability of Contractor.</text> <paragraph num="(1)"> <text>A contractor is liable to the Administration for damages which are proximately caused by an act or omission of the contractor but is not liable for indirect, incidental, special, or consequential damages to third parties except as provided in §H of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The contractor is not liable to the Administration for any claims, losses, damages, judgments, liabilities, or similar costs and expenses resulting directly or indirectly from the misappropriation or misuse of a vehicle record obtained from the Administration by a participant by way of the program, including, without limitation, any use or dissemination of information in violation of the restrictions upon use and disclosure imposed by General Provisions Article, §§4-101—4-601, Annotated Code of Maryland, or any corresponding regulations, except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from:</text> <paragraph num="(a)"> <text>A failure on the part of the contractor or any of its officers, directors, employees, or agents to comply with the provisions of the agreement;</text> </paragraph> <paragraph num="(b)"> <text>A fraudulent or intentionally wrongful act or omission, relating to the program, on the part of the contractor or any of its officers, directors, employees, or agents; or</text> </paragraph> <paragraph num="(c)"> <text>Negligence on the part of the contractor or any of its officers, directors, employees, or agents.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If a third party asserts a claim against the Administration, the State, or any employee of the Administration for injury or damages for which a contractor would owe the Administration indemnification, the contractor may claim any defense available to it under the Maryland Tort Claims Act.</text> </paragraph> <paragraph num="(4)"> <text>Third-party claims shall be absolutely limited to reimbursement of the actual loss suffered by the Administration or State with respect to a third-party claim.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Liability of Participant. A participant is liable for, and shall indemnify and hold harmless the Administration for:</text> <paragraph num="(1)"> <text>Misuse or misappropriation of a vehicle record or related information obtained from the Administration in connection with the program;</text> </paragraph> <paragraph num="(2)"> <text>Failure by a participant or its personnel to comply with the provisions of the program; and</text> </paragraph> <paragraph num="(3)"> <text>Failure to safeguard and limit access to vehicle records or for any damages resulting from the acts or omissions of the participant or its personnel relating to the titling and registration of vehicles.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Accuracy and Completeness of Filings.</text> <paragraph num="(1)"> <text>A contractor shall correct or complete in a timely manner any information, application, or other filing which is transmitted inaccurately or incompletely to or from the Administration's databases solely as a result of a malfunction, deficiency, or operational error in or with respect to the electronic system.</text> </paragraph> <paragraph num="(2)"> <text>A contractor may not be held liable to the Administration for any claims losses, damages, judgments, liabilities, or similar costs and expenses incurred by the Administration (whether in its own right or by virtue of liability on the part of the Administration to a third party) resulting directly or indirectly from inaccurate or incomplete information, application or other filing except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from an act or omission relating to the program on the part of the contractor or any of its officers, directors, employees, or agents.</text> </paragraph> <paragraph num="(3)"> <text>The amount of any liability to the Administration arising under this section shall be limited by the provisions of §H of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Force Majeure.</text> <paragraph num="(1)"> <text>A contractor:</text> <paragraph num="(a)"> <text>Shall use its best efforts to make the electronic system and related services available during the hours of service to be mutually agreed upon with the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Is not liable to the Administration, or considered to be in default, for a delay or failure to perform that results from any cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Administration:</text> <paragraph num="(a)"> <text>Shall use its best efforts to make its databases available during the hours of the service agreed upon; and</text> </paragraph> <paragraph num="(b)"> <text>Is not liable to the contractor for any delay or failure to perform that results from a cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Acts and Omissions of Participant Not Attributable to the Contractor. An act or omission of a participant is not attributable to the contractor for the purpose of establishing vicarious liability on the part of the contractor for any damages (whether direct, indirect, special, or consequential) alleged to have arisen from the act or omission, nor shall the contractor bear any liability with respect to the act, omission, or damages alleged to have been related thereto, unless the contractor, its officers, agents, or employees knew or should have known of this act or omission.</text> </paragraph> <paragraph num="H."> <text>Limited Indemnification.</text> <paragraph num="(1)"> <text>A contractor shall defend, indemnify, and hold harmless the Administration for all claims, losses, damages, liabilities, or similar costs and expenses incurred by the Administration as a result of third-party claims against the Administration which arise out of acts or omissions of the contractor with respect to which the contractor:</text> <paragraph num="(a)"> <text>Bears a duty explicitly set forth in §A of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Has explicitly consented to assume liability pursuant to the provisions under §§B—F of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The amount of indemnification by a contractor with respect to any one transmission or occurrence is limited to reimbursement of the actual loss suffered by the Administration for all claims, losses, and damages.</text> </paragraph> <paragraph num="(3)"> <text>A participant shall indemnify both the contractor and the Administration for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses which arise in whole or in part out of acts or omissions of the participant with respect to the program or the application of laws restricting access to and disclosure of vehicle records available through the program, including, without limitation, reasonable attorney fees and all other costs of defending the action or claim.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Notice."> <paragraph num="A."> <text>Addresses.</text> <paragraph num="(1)"> <text>Required notices shall be in writing and addressed as follows:</text> <paragraph num="(a)"> <text>If to the Administration: Manager of Licensing and Consumer Services, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062; and</text> </paragraph> <paragraph num="(b)"> <text>If to a contractor or participant, the address specified in the agreement or in an appropriate change of address notice.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Either party may change an address by providing prompt written notice of the change to the other party and to the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Computation of Time.</text> <paragraph num="(1)"> <text>A notice served by mail shall:</text> <paragraph num="(a)"> <text>Be sent by certified mail; and</text> </paragraph> <paragraph num="(b)"> <text>Be considered received 3 business days following the date of mailing, as established by a United States Postal Service certificate of mailing.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A notice served by hand delivery, overnight delivery, or telecopier is considered to have been received on the date of actual receipt.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Registered Agent for Service of Process. For the purposes of service of legal process and other legal notices, a contractor shall:</text> <paragraph num="(1)"> <text>Maintain, within the State, a registered agent and a location of its registered office; and</text> </paragraph> <paragraph num="(2)"> <text>Notify the Administration promptly of a change in its registered agent or registered office.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Failure to maintain a registered agent for service of process shall serve as consent for notice to be served with the Maryland Department of Assessments and Taxation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Surety Bonds."> <paragraph num="A."> <text>A contractor shall furnish a surety bond:</text> <paragraph num="(1)"> <text>In an amount established by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Based on transfers or projected transfers of annual funds from electronic vehicle titling and registration transactions; and</text> </paragraph> <paragraph num="(3)"> <text>In an amount comparable to the average weekly funds transferred.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A participant shall certify, in a form acceptable by the Administration, that a surety bond in the amount required by Transportation Article, §§15-308 and 15-604, Annotated Code of Maryland, is currently, and will continue to remain, in effect.</text> </paragraph> <paragraph num="C."> <text>Except for §B of this regulation, all other participants shall furnish a surety bond in the amount of $25,000.</text> </paragraph> <paragraph num="D."> <text>A bond required under this regulation shall:</text> <paragraph num="(1)"> <text>Remain in force for the term of the contractor, or participant's, agreement;</text> </paragraph> <paragraph num="(2)"> <text>Be executed by a surety company authorized to do business in the State;</text> </paragraph> <paragraph num="(3)"> <text>Be in a form approved by the Maryland Insurance Administration; and</text> </paragraph> <paragraph num="(4)"> <text>Be adjusted annually as determined by the Administration pursuant to §A of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Retention of Records and Audit."> <paragraph num="A."> <text>A contractor and a participant shall:</text> <paragraph num="(1)"> <text>Maintain all records and documents relating to vehicle title and registration transactions for 5 years from the time an activity takes place;</text> </paragraph> <paragraph num="(2)"> <text>Make all records and documents available for inspection by authorized representatives of the Administration and law enforcement agencies during normal business hours without advance notification; and</text> </paragraph> <paragraph num="(3)"> <text>Provide a terminal to the Administration for accessing the electronic system.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall develop a program for the audit of both contractors and participants.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Work Performance."> <text>A contractor shall:</text> <paragraph num="A."> <text>Perform work in accordance with the terms, conditions, and covenants set forth in the Maryland Department of Transportation's “General Conditions for Service Contracts” (1992); and</text> </paragraph> <paragraph num="B."> <text>Execute a Contract Affidavit pursuant to COMAR 21.07.01.25.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="General Provisions of Authorized Participants."> <paragraph num="A."> <text>Responsibilities of Participant. A participant shall adhere to all rules, regulations, and procedures established by the Administration, including but not limited to the following:</text> <paragraph num="(1)"> <text>Have all authorized users attend required training workshops;</text> </paragraph> <paragraph num="(2)"> <text>Transfer all moneys collected as a participant to the contractor's account through the electronic system on the same date the electronic title and registration transaction is processed;</text> </paragraph> <paragraph num="(3)"> <text>Issue license plates, stickers, and any other vehicle registration materials as applicable to customers in accordance with current Administration procedures;</text> </paragraph> <paragraph num="(4)"> <text>Submit all reports, including daily activity reports, inventories of license plates and stickers, and any other reports that may be required by the Administration, and in all other respects to comply with the Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(5)"> <text>Receive, securely store, issue, account for, and be fully responsible for the license plates or stickers or other items of value as may be entrusted to the participant by the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Office Location. A participant shall:</text> <paragraph num="(1)"> <text>Maintain an office, in accordance with Transportation Article, Title 15, Annotated Code of Maryland, which shall also be used as the office for the computerized vehicle title services; or</text> </paragraph> <paragraph num="(2)"> <text>Establish and maintain, at a participant's own expense, an office for the purpose of processing vehicle title and registration documents in accordance with the provisions of Maryland laws and regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Authorized User. A participant shall:</text> <paragraph num="(1)"> <text>Designate at least one full-time employee as an authorized user of the electronic system;</text> </paragraph> <paragraph num="(2)"> <text>Immediately notify the Administration of any changes in the designations of authorized users;</text> </paragraph> <paragraph num="(3)"> <text>Receive approval from the Administration before allowing an individual to have access of the electronic system; and</text> </paragraph> <paragraph num="(4)"> <text>Limit access to the electronic system to those employees who:</text> <paragraph num="(a)"> <text>Have been designated as an authorized user;</text> </paragraph> <paragraph num="(b)"> <text>Have executed the authorized user affidavit;</text> </paragraph> <paragraph num="(c)"> <text>Have been authorized by the Administration as users of the electronic system; and</text> </paragraph> <paragraph num="(d)"> <text>Are covered under the participant's bond as provided for by Transportation Article, Title 15, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Prohibited Transactions. A participant may not:</text> <paragraph num="(1)"> <text>Issue Certificates of Title;</text> </paragraph> <paragraph num="(2)"> <text>Process any transaction types that the Administration has not approved; or</text> </paragraph> <paragraph num="(3)"> <text>Process transactions through the electronic system for the following categories of customers:</text> <paragraph num="(a)"> <text>Those for which the Administration databases indicate an existing problem requiring Administration action; and</text> </paragraph> <paragraph num="(b)"> <text>Those individuals for whom the Administration has not previously assigned a Maryland soundex code.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Termination."> <paragraph num="A."> <text>Termination for Cause. An agreement may be terminated for cause as provided for in §35A of the Maryland Department of Transportation's “General Provisions for Service Contracts” (1992), and in the provisions of this regulation.</text> </paragraph> <paragraph num="B."> <text>Events of Default. An event of default includes:</text> <paragraph num="(1)"> <text>Failure of the contractor to maintain any of the services required by this chapter or as agreed upon in writing;</text> </paragraph> <paragraph num="(2)"> <text>Breach of security or confidentiality;</text> </paragraph> <paragraph num="(3)"> <text>Failure of the Administration to maintain its databases or data processing resources in a manner as to permit the contractor to maintain any of the services as agreed on; or</text> </paragraph> <paragraph num="(4)"> <text>Breach of any other material obligation or covenant of the agreement by any party.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Opportunity to Cure.</text> <paragraph num="(1)"> <text>Whenever an event of default occurs, the party asserting a default shall:</text> <paragraph num="(a)"> <text>Notify the defaulting party in writing of the occurrence of the event of default; and</text> </paragraph> <paragraph num="(b)"> <text>Describe with particularity the default and the steps necessary to cure the default.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The defaulting party shall then have 30 days from the date of receipt of the written notice to cure the default in question.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Termination Upon Persistence of Uncured Default. If an event of default remains uncured without substantial justification for more than the required 30 days, the party asserting a default may, at its option, terminate the agreement upon written notice to the defaulting party.</text> </paragraph> <paragraph num="E."> <text>Suspension in Event of Continuing Breach of Security or Confidentiality.</text> <paragraph num="(1)"> <text>The Administration may, upon 24 hours actual notice to a contractor, suspend operation of the program for a period not to exceed 15 days (the suspension period), if the Administration determines that:</text> <paragraph num="(a)"> <text>A breach of security or confidentiality has occurred with respect to information resident in the Administration's databases, which is attributable to the electronic system;</text> </paragraph> <paragraph num="(b)"> <text>The breach poses a substantial threat of breaches of security or confidentiality; and</text> </paragraph> <paragraph num="(c)"> <text>The breach cannot or is not likely to be remedied within a reasonable time by the contractor or the Administration exercising their powers, pursuant to their agreements, to suspend or terminate participation in the program by the participant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>During any suspension period, the Administration shall cooperate fully with a contractor to identify or remedy any breaches.</text> </paragraph> <paragraph num="(3)"> <text>If, during the suspension period, the source of the breach is identified and provisions are made for remedying the breach, the:</text> <paragraph num="(a)"> <text>Suspension shall immediately terminate; and</text> </paragraph> <paragraph num="(b)"> <text>Operation of the program shall be restored promptly.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Administration may impose an additional 15-day suspension period, if a contractor has been unable to:</text> <paragraph num="(a)"> <text>Identify the source of the breach at issue; or</text> </paragraph> <paragraph num="(b)"> <text>Provide a means of remedying the breach.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>At the conclusion of the additional suspension period, the Administration may terminate an agreement if the condition triggering the breach remains unidentified or uncured.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Disposition of Equipment and Materials.</text> <paragraph num="(1)"> <text>A contractor and participant shall notify the Administration immediately of any theft or missing property related to the program.</text> </paragraph> <paragraph num="(2)"> <text>If an agreement is terminated:</text> <paragraph num="(a)"> <text>The Administration shall promptly return to the contractor, or afford it a reasonable opportunity to collect any and all equipment, manuals, diagrams, computer hardware and software, and any other items and materials relating to the program that were supplied by the contractor and not paid for by the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>A contractor shall similarly return to the Administration any permanent registration plates, stickers, and any other property of the Administration that is in the contractor's possession, custody, or control.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 23, 2001 (28:14 Md. R. 1322)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)</annotation> </annotations> </chapter> <chapter num="32" heading="Low Speed Vehicles"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>This chapter applies to vehicles originally manufactured as low speed vehicles with originally installed equipment or equipment manufactured and installed to meet the federal and State safety requirements for low speed vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>The purpose of this chapter is to establish procedures for the titling, registration, and operation of low speed vehicles on certain highways in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Incorporation by Reference."> <text>In this chapter, 49 CFR §571.500, as amended, is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Low speed vehicle” has the meaning stated in Transportation Article §11-130.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Equipment."> <paragraph num="A."> <text>All low speed vehicles and all equipment originally installed or manufactured and installed in low speed vehicles shall meet the safety standards requirements of 49 CFR §571.500 and COMAR 11.14.09.</text> </paragraph> <paragraph num="B."> <text>Low speed vehicles are not required to have the following equipment:</text> <paragraph num="(1)"> <text>Exhaust systems;</text> </paragraph> <paragraph num="(2)"> <text>Emissions equipment; or</text> </paragraph> <paragraph num="(3)"> <text>Fuel systems.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All low speed vehicles shall be equipped with an odometer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Vehicle Class."> <text>The Administration shall title and register low speed vehicles as Class R.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Title and Registration Requirements."> <text>The owner of a low speed vehicle in this State shall:</text> <paragraph num="A."> <text>Apply for a certificate of title, as required by Transportation Article §13-402, Annotated Code of Maryland;</text> </paragraph> <paragraph num="B."> <text>Apply to the Administration for the registration of the vehicle as specified in Transportation Article §13-403, Annotated Code of Maryland, in order to operate a low speed vehicle on Maryland highways;</text> </paragraph> <paragraph num="C."> <text>Provide evidence of required security prior to registration of the low speed vehicle, as required under Transportation Article, Title 17, Subtitle 1, Annotated Code of Maryland;</text> </paragraph> <paragraph num="D."> <text>Upon transfer of ownership, produce an inspection certificate issued by an authorized Maryland Vehicle Inspection Station, that the vehicle passed a safety standards inspection, before subsequent registration; and</text> </paragraph> <paragraph num="E."> <text>Pay all applicable title and registration fees required under COMAR 11.11.05 and Transportation Article, Title 11, Subtitle 13, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Disclosure to Low Speed Vehicle Buyer."> <paragraph num="A."> <text>A vehicle dealer selling a low speed vehicle shall provide a written disclosure signed by the buyer at the time of purchase. The disclosure shall include a statement that the low speed vehicle:</text> <paragraph num="(1)"> <text>Has a maximum speed of greater than 20 miles per hour, but less than 25 miles per hour;</text> </paragraph> <paragraph num="(2)"> <text>May not be operated on a public highway with a speed limit in excess of 30 miles per hour;</text> </paragraph> <paragraph num="(3)"> <text>May be a hazard on the roadways if it impedes traffic; and</text> </paragraph> <paragraph num="(4)"> <text>May subject the driver to citations for impeding traffic.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The vehicle dealer shall give a copy of the signed disclosure to the buyer and keep the original with the business records of vehicle transactions.</text> </paragraph> <paragraph num="C."> <text>The low speed vehicle disclosure form may be printed and distributed by the dealership using the following format:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Disclosure Decal."> <text>Prior to the sale of a low speed vehicle, a permanent decal provided by the manufacturer or dealer shall be affixed to the underside of the roof near the windshield on the driver side. The disclosure decal shall:</text> <paragraph num="A."> <text>Be approximately 3 inches high by 5 inches wide; and</text> </paragraph> <paragraph num="B."> <text>Contain the disclosure statement information specified in Regulation .08 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Low Speed Vehicles Driving Prohibitions."> <paragraph num="A."> <text>Low speed vehicles are prohibited on Maryland highways as defined in Transportation Article, §21-1125, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Low speed vehicles may not be driven:</text> <paragraph num="(1)"> <text>On a highway for which the posted maximum speed limit exceeds 30 miles per hour;</text> </paragraph> <paragraph num="(2)"> <text>On an expressway or any controlled access highway on which prohibitions are posted in accordance with Transportation Article, §21-313, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>On a highway on which driving a low speed vehicle is prohibited by a county or municipal ordinance; or</text> </paragraph> <paragraph num="(4)"> <text>Across a highway for which the posted maximum speed limit exceeds 45 miles per hour, except at an intersection that is controlled by:</text> <paragraph num="(a)"> <text>A traffic control signal; or</text> </paragraph> <paragraph num="(b)"> <text>A stop sign at each approach to the intersection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Low speed vehicles may not be used for skills testing to obtain a driver license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Overweight Low Speed Vehicles."> <paragraph num="A."> <text>The Administration may designate a vehicle an overweight low speed vehicle.</text> </paragraph> <paragraph num="B."> <text>To qualify as an overweight low speed vehicle, the owner may apply to the Administration and certify that the overweight low speed vehicle meets the federal motor vehicle safety standards for a low speed vehicle except for the weight of the vehicle.</text> </paragraph> <paragraph num="C."> <text>The overweight low speed vehicle shall:</text> <paragraph num="(1)"> <text>Weigh in excess of 3,000 GVWR but less than 10,000 GVWR;</text> </paragraph> <paragraph num="(2)"> <text>Meet the provisions of low speed vehicles set forth in this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Meet any other safety limitations as specified by the Administration, including but not limited to:</text> <paragraph num="(a)"> <text>Geographic limitations on where the vehicles can operate;</text> </paragraph> <paragraph num="(b)"> <text>Periodic safety reporting on vehicle performance;</text> </paragraph> <paragraph num="(c)"> <text>A preregistration equipment review by the Maryland State Police; and</text> </paragraph> <paragraph num="(d)"> <text>A periodic equipment safety review.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>The number of overweight low speed vehicles that can be owned by a single entity shall be determined by the Administration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)</annotation> </annotations> </chapter> <chapter num="33" heading="Vehicle Trade-In Allowance"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>This chapter applies to the use of a dealer trade-in allowance to determine the total purchase price of a vehicle that is used to calculate the excise tax remitted when purchasing another vehicle.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purpose."> <text>The purpose of this chapter is to establish the requirements and guidelines for calculating the total purchase price of a vehicle when there is a dealer trade-in allowance, as set forth in Transportation Article, §13-809, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Certified selling price” means the full price of the vehicle purchased before the trade-in allowance is deducted.</text> </paragraph> <paragraph num="(3)"> <text>“Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>Lease.</text> <paragraph num="(a)"> <text>“Lease” means a signed contract or agreement for the rental or leasing of a vehicle for more than 180 consecutive days.</text> </paragraph> <paragraph num="(b)"> <text>“Lease” includes a lease where the vehicle is intended or not intended as security as defined in Transportation Article, §11-127.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Leased vehicle” means a vehicle acquired from a dealer, by the lessor, for lease of the vehicle to a lessee for payment under the terms and conditions of a lease.</text> </paragraph> <paragraph num="(6)"> <text>“Lessee” means a person or entity who, under the terms and conditions of a lease made at the time of acquisition from a dealer, has possession of the leased vehicle.</text> </paragraph> <paragraph num="(7)"> <text>“Lessor” means a person or entity who, at the time of acquisition from a dealer, relinquished possession of the vehicle to a lessee under the terms and conditions of the lease.</text> </paragraph> <paragraph num="(8)"> <text>“Nonleased vehicle” means a vehicle in which a person or business entity holds both title to, and possession of, the vehicle.</text> </paragraph> <paragraph num="(9)"> <text>“Taxable price” means the total purchase price as stated in Transportation Article, §13-809, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Trade-in” means a vehicle assigned to a dealer for the purpose of receiving a deduction in value that is applied to the purchase price of another vehicle.</text> </paragraph> <paragraph num="(11)"> <text>“Trade-in allowance” means the amount determined by the dealer that is deducted from the purchase price of another vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Total Purchase Price."> <paragraph num="A."> <text>The total purchase price or taxable price of a vehicle is determined by the certified selling price agreed on by the buyer and the seller, including any dealer processing charges as defined in Transportation Article, §15-311.1, Annotated Code of Maryland, less an allowance for the trade-in. There is no other nonmonetary consideration.</text> </paragraph> <paragraph num="B."> <text>The taxable price of the vehicle shall include:</text> <paragraph num="(1)"> <text>The retail purchase price;</text> </paragraph> <paragraph num="(2)"> <text>The shipping or freight charges;</text> </paragraph> <paragraph num="(3)"> <text>After manufacture items included with the vehicle at time of purchase; and</text> </paragraph> <paragraph num="(4)"> <text>Manufacturer rebates.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A dealer may not include the cost for any nontaxable items when determining the taxable price of the vehicle. Nontaxable items include:</text> <paragraph num="(1)"> <text>Dealer trade-in allowance;</text> </paragraph> <paragraph num="(2)"> <text>Dealer discounts or rebates;</text> </paragraph> <paragraph num="(3)"> <text>Extended warranties;</text> </paragraph> <paragraph num="(4)"> <text>Mechanical repair contracts;</text> </paragraph> <paragraph num="(5)"> <text>Federal excise tax;</text> </paragraph> <paragraph num="(6)"> <text>Electronic registration fee; and</text> </paragraph> <paragraph num="(7)"> <text>Equipment installed to accommodate a disabled person.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Trade-in Allowance."> <paragraph num="A."> <text>A dealer determines the trade-in allowance that is deducted from the purchase price of another vehicle.</text> </paragraph> <paragraph num="B."> <text>A trade-in allowance may not be divided or deducted from the purchase price of more than one vehicle.</text> </paragraph> <paragraph num="C."> <text>Only one traded-in vehicle can be applied to a sales transaction for purposes of the trade-in allowance deduction.</text> </paragraph> <paragraph num="D."> <text>A vehicle titled in Maryland or out-of-State may be used as a trade-in.</text> </paragraph> <paragraph num="E."> <text>If the vehicle traded-in is subject to a lien, the owner or co-owners of the vehicle are entitled to the full trade-in allowance, as stated in §A of this regulation, and deducted from the total purchase price. The trade-in allowance is not limited to the amount of equity the owner has in the vehicle.</text> </paragraph> <paragraph num="F."> <text>If the trade-in allowance exceeds the trade-in value indicated in a national publication of used car values adopted for use by the Administration, the dealer shall provide documentation that satisfies the Administration that the higher trade-in value is justified. Documentation includes:</text> <paragraph num="(1)"> <text>Evidence of the amount required to release the lien on the trade-in vehicle;</text> </paragraph> <paragraph num="(2)"> <text>Evidence of the vehicle customization that increases the vehicle value;</text> </paragraph> <paragraph num="(3)"> <text>A current valuation from an alternative national publication; or</text> </paragraph> <paragraph num="(4)"> <text>If the traded-in vehicle has already been sold, the actual resale price of the trade-in vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Applying the Trade-in Allowance."> <paragraph num="A."> <text>When applying a trade-in allowance to the certified selling price to determine the taxable price of the vehicle purchased, the dealer shall complete one of the following forms:</text> <paragraph num="(1)"> <text>Application for Certificate of Title (VR-5);</text> </paragraph> <paragraph num="(2)"> <text>Maryland Dealers Reassignment (VR-182);</text> </paragraph> <paragraph num="(3)"> <text>Dealers Reassignment on the reverse side of the Maryland Certificate of Title (VR-2);</text> </paragraph> <paragraph num="(4)"> <text>The Dealer's or Auto Wreckers Re-Assignment on the reverse side of the Maryland Salvage Certificate (VR-108); or</text> </paragraph> <paragraph num="(5)"> <text>The Dealer's Reassignment on the reverse side of the Maryland Notice of Security Interest Filing (VR-2), if the dealer is selling a repossessed vehicle.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When applying a trade-in allowance, a dealer shall:</text> <paragraph num="(1)"> <text>Complete the Maryland Dealer's Certification portion of the application for title; or</text> </paragraph> <paragraph num="(2)"> <text>Provide an original bill of sale showing the certified selling price and amount of the trade-in allowance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The dealer shall determine and enter on the Maryland Dealer's Certification portion of the application for title:</text> <paragraph num="(1)"> <text>The certified selling price;</text> </paragraph> <paragraph num="(2)"> <text>The trade-in allowance;</text> </paragraph> <paragraph num="(3)"> <text>The taxable price of the vehicle by deducting the amount of the trade-in allowance from the certified selling price;</text> </paragraph> <paragraph num="(4)"> <text>The gross tax remitted by calculating the applicable excise tax rate times the taxable price; and</text> </paragraph> <paragraph num="(5)"> <text>For licensed Maryland dealers, the net tax remitted by:</text> <paragraph num="(a)"> <text>Multiplying 0.6 percent times the gross tax remitted up to $12; and</text> </paragraph> <paragraph num="(b)"> <text>Subtracting the result from the gross tax collected.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>When the trade-in allowance is equal to, or higher than, the total purchase price, the excise tax shall be $0.</text> </paragraph> <paragraph num="E."> <text>When the excise tax is exempt under Transportation Article, §13-810, Annotated Code of Maryland, or calculated as $0 as set forth in §D of this regulation, no additional allowance or refund shall be given to the purchaser of the vehicle.</text> </paragraph> <paragraph num="F."> <text>When a certificate of title or a dealer reassignment is submitted without the required Maryland Dealer's Certification showing the trade-in allowance information on the form, a dealer shall submit with the certificate of title or a dealer reassignment:</text> <paragraph num="(1)"> <text>A completed Application for Certificate of Title (VR-5) containing the required certification; or</text> </paragraph> <paragraph num="(2)"> <text>An original bill of sale showing the:</text> <paragraph num="(a)"> <text>Purchase price and the amount of trade-in allowance;</text> </paragraph> <paragraph num="(b)"> <text>Vehicle identification number of the trade-in vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>State in which the trade-in vehicle was last titled.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Qualifications for Trade-in Allowance."> <paragraph num="A."> <text>A trade-in allowance under Transportation Article, §13-809(a)(3)(i), Annotated Code of Maryland, shall only apply when:</text> <paragraph num="(1)"> <text>The owner or co-owner of the trade-in vehicle is the owner or co-owner of the vehicle being purchased; or</text> </paragraph> <paragraph num="(2)"> <text>The owner or co-owner of the trade-in vehicle is a relative as defined in §B of this regulation of the owner or co-owner of the vehicle being purchased.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In this regulation, a relative means a spouse, son, daughter, grandchild, parent, sister, brother, grandparent, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the owner or co-owner of the trade-in vehicle and is the owner or co-owner of the vehicle being purchased.</text> </paragraph> <paragraph num="C."> <text>For a relative who qualifies for a trade-in allowance, the dealer shall submit an application for a certificate of title to the Administration with:</text> <paragraph num="(1)"> <text>A completed application for Maryland Gift Certification (VR-103) certifying the relationship to the owner or co-owner of the trade-in vehicle and vehicle being purchased; and</text> </paragraph> <paragraph num="(2)"> <text>Proof of the relationship if the last names of the relatives are different.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A trade-in allowance may be applied when the owner of the trade-in vehicle is the primary beneficiary of an inter-vivos trust and the purchased vehicle is in the name of the inter-vivos trust.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Trade-in Allowance for Leased Vehicles."> <paragraph num="A."> <text>A trade-in allowance under Transportation Article, §13-809(a)(3)(ii), Annotated Code of Maryland, may be applied to the purchase price of a leased vehicle if:</text> <paragraph num="(1)"> <text>The trade-in is in the same owner's name as the name of the lessee on the purchased vehicle; or</text> </paragraph> <paragraph num="(2)"> <text>The vehicle is:</text> <paragraph num="(a)"> <text>Owned by the same leasing company purchasing the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Being assigned to the dealer; and</text> </paragraph> <paragraph num="(c)"> <text>Becoming a part of the dealers inventory for resale.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A trade-in does not include a vehicle acquired by a dealer but not assigned to a dealer.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 6, 2009 (36:7 Md. R. 526)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)</annotation> </annotations> </chapter> <chapter num="34" heading="Salvage Vehicle Calculation"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter is to establish the requirements and guidelines for determining what type of repairs can be deducted from the salvage vehicle calculation for the purpose of a title brand, as set forth in Transportation Article, §13-506, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Cosmetic Damage."> <paragraph num="A."> <text>Cosmetic damage repairs are repairs done solely for the sake of appearance that are decorative or ornamental, superficial, nonsubstantive, and if left unrepaired, would not impact the vehicle's functionality, or render the vehicle unsafe or unable to operate on public roadways. Cosmetic damage shall not include any repair required to enable a vehicle to pass a safety inspection under COMAR 11.14.</text> </paragraph> <paragraph num="B."> <text>Cosmetic damage repairs are those required solely for:</text> <paragraph num="(1)"> <text>Vehicle refinishing labor and materials;</text> </paragraph> <paragraph num="(2)"> <text>External trim molding and fascia;</text> </paragraph> <paragraph num="(3)"> <text>Molded, non-metal bumper covers;</text> </paragraph> <paragraph num="(4)"> <text>Grilles;</text> </paragraph> <paragraph num="(5)"> <text>Entertainment systems;</text> </paragraph> <paragraph num="(6)"> <text>Audiovisual, telephone, and mapping equipment;</text> </paragraph> <paragraph num="(7)"> <text>Emblems, stripes, and decals;</text> </paragraph> <paragraph num="(8)"> <text>Hubcaps and wheel covers;</text> </paragraph> <paragraph num="(9)"> <text>Interior carpet;</text> </paragraph> <paragraph num="(10)"> <text>Upholstery, excluding driver seat; and</text> </paragraph> <paragraph num="(11)"> <text>Interior door trim panels.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as set forth in §B(1) of this regulation, the cost for cosmetic damage repairs shall only include the cost of parts and materials and may not include the cost of labor.</text> </paragraph> <paragraph num="D."> <text>The cost for cosmetic damage repair may not be included in the cost to repair the vehicle when determining the calculation for a salvage vehicle, as set forth in Transportation Article, §13-506(c)(4), Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>For purposes of determining the calculation for a salvage vehicle, any tax on the parts or labor may not be included.</text> </paragraph> <paragraph num="F."> <text>For purposes of determining the calculation for a salvage vehicle, fair market value is the valuation shown in a national publication of used car values or from a computerized database that produces statistically valid fair market values and does not include costs for titling, registration, and applicable taxes.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-506, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02 adopted as an emergency provision effective October 1, 2010 (37:21 Md. R. 1435); adopted permanently effective December 27, 2010 (37:26 Md. R. 1788)</annotation> </annotations> </chapter> <chapter num="35" heading="Mopeds, Motor Scooters, and Off-Highway Recreational Vehicles"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to clarify requirements for mopeds, motor scooters, and off-highway recreational vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Eye-protective device” means face shields, goggles, and spectacles as described under COMAR 11.13.05.03.</text> </paragraph> <paragraph num="(3)"> <text>“Moped” has the meaning stated in Transportation Article, §11-134.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Motor scooter” has the meaning stated in Transportation Article, §11-134.5, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Off-highway recreational vehicle” has the meaning stated in Transportation Article, §11-140.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Protective headgear” has the meaning stated in COMAR 11.13.05.01B(4).</text> </paragraph> <paragraph num="(7)"> <text>“Title decal” means a decal issued by the Motor Vehicle Administration, to be applied to a moped, motor scooter, or off-highway recreational vehicle for identification purposes.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Mopeds and Motor Scooters."> <paragraph num="A."> <text>Mandatory Titling. An individual who owns a moped or motor scooter shall:</text> <paragraph num="(1)"> <text>Apply, in a format determined by the Administration, for a title and include on the application:</text> <paragraph num="(a)"> <text>The vehicle identification number;</text> </paragraph> <paragraph num="(b)"> <text>A serial number; or</text> </paragraph> <paragraph num="(c)"> <text>A unique identifying number issued by the Administration; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Pay the following fees:</text> <paragraph num="(a)"> <text>For a moped or motor scooter owned by the applicant prior to October 2, 2012, and titled prior to October 2, 2013, a title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>For all other mopeds or motor scooters:</text> <paragraph num="(i)"> <text>A title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(iii)"> <text>A title fee as set forth in Transportation Article, §13-802(b)(2), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>All mopeds and motor scooters in use on public highways as defined in Transportation Article, §11-127, Annotated Code of Maryland, shall display the title decal on the rear of the vehicle in a visible position.</text> </paragraph> <paragraph num="C."> <text>Title decals may not be transferred to:</text> <paragraph num="(1)"> <text>Another vehicle; or</text> </paragraph> <paragraph num="(2)"> <text>A subsequent owner of the same vehicle.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Operators and riders on mopeds and motor scooters shall wear protective headgear and eye-protective devices as set forth under COMAR 11.13.05.02 and .03, respectively.</text> </paragraph> <paragraph num="E."> <text>Operators of mopeds and motor scooters shall carry evidence of the required security in accordance with Transportation Article, §17-103, Annotated Code of Maryland, while operating the moped or motor scooter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Off-Highway Recreational Vehicles."> <paragraph num="A."> <text>Mandatory Titling. An individual who purchases an off-highway recreational vehicle on or after October 1, 2010, shall:</text> <paragraph num="(1)"> <text>Apply, in a format determined by the Administration, for a title and include on the application:</text> <paragraph num="(a)"> <text>The vehicle identification number;</text> </paragraph> <paragraph num="(b)"> <text>A serial number; or</text> </paragraph> <paragraph num="(c)"> <text>A unique identifying number issued by the Administration; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Pay the following fees:</text> <paragraph num="(a)"> <text>An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>A title fee as set forth in Transportation Article, §13-802(a), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Owners of off-highway recreational vehicles may apply, in a format determined by the Administration, for a title decal and pay a fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Title decals may not be transferred to:</text> <paragraph num="(1)"> <text>Another vehicle; or</text> </paragraph> <paragraph num="(2)"> <text>A subsequent owner of the same vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Lost or Damaged Title Decal."> <text>If a title decal becomes lost, stolen, mutilated, or illegible, a substitute title decal shall be issued for a fee, as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland, to the owner of a moped, motor scooter, or off-highway recreational vehicle.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)</annotation> </annotations> </chapter> <chapter num="36" heading="Tax Credit Certificate"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>This chapter applies to the issuance of a Tax Credit Certificate for an individual or a corporation to claim a credit against the State Income Tax for the expense of registering a qualified vehicle in the State during the taxable year, as set forth in Tax-General Article, §10-734.1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Comptroller” means the Comptroller of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Qualified vehicle” means a class F (tractor) vehicle described under Transportation Article, §13-923, Annotated Code of Maryland, that is titled and registered in the State.</text> </paragraph> <paragraph num="(4)"> <text>“Tax Credit Certificate” means a certificate issued by the Administration that certifies, a vehicle owner meets the requirements to claim a credit against the State Income Tax for the expense of registering the qualified vehicle in the State during the taxable year, as set forth under this chapter and in Tax-General Article, §10-734.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applying for a Tax Credit Certificate."> <paragraph num="A."> <text>An individual or a corporation seeking a Tax Credit Certificate shall apply for a certificate in a format prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>An applicant for a Tax Credit Certificate shall provide the Administration with a completed application, including the title number of the vehicle for which credit is sought.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Issuance of a Tax Credit Certificate."> <paragraph num="A."> <text>In accordance with the Tax-General Article, §10-734.1, Annotated Code of Maryland, the Administration shall issue a Tax Credit Certificate.</text> </paragraph> <paragraph num="B."> <text>The Administration may not issue a Tax Credit Certificate, for any taxable year, if:</text> <paragraph num="(1)"> <text>The required documents are not furnished or the information is incomplete; or</text> </paragraph> <paragraph num="(2)"> <text>The aggregate amount of Tax Credit Certificates exceeds the amount as set forth under Tax-General Article, §10-734.1(c)(2), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 25, 2017 (44:19 Md. R. 897)</annotation> </annotations> </chapter> <chapter num="37" heading="Temporary In-Transit Registration"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter establishes the criteria necessary for a nonresident of the State to apply for, and receive, a temporary in-transit registration for purposes of transporting a vehicle purchased in Maryland to the nonresident purchaser’s state of residence for titling and registration.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application for Temporary In-Transit Registration."> <paragraph num="A."> <text>A nonresident of the State who purchases a vehicle in the State and who wishes to transport the purchased vehicle to a jurisdiction outside the State for titling and registration shall apply for a temporary in-transit registration in a format prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>An applicant for a temporary in-transit registration shall provide the Administration with a completed application, the required fee as set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:</text> <paragraph num="(1)"> <text>Identity;</text> </paragraph> <paragraph num="(2)"> <text>Residency;</text> </paragraph> <paragraph num="(3)"> <text>Vehicle ownership; and</text> </paragraph> <paragraph num="(4)"> <text>Insurance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Application for a temporary in-transit registration may be submitted through:</text> <paragraph num="(1)"> <text>The Administration; or</text> </paragraph> <paragraph num="(2)"> <text>A licensed title service agent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Period of Validity."> <paragraph num="A."> <text>A temporary in-transit registration shall:</text> <paragraph num="(1)"> <text>Be valid for a period of 14 days; and</text> </paragraph> <paragraph num="(2)"> <text>Indicate the expiration date.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration or a licensed title service agent may not issue more than one temporary in-transit registration for each vehicle sales transaction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Required Proofs."> <paragraph num="A."> <text>As proof of identity, an applicant for a temporary in-transit registration shall furnish a valid driver’s license.</text> </paragraph> <paragraph num="B."> <text>As proof of residency, an applicant for a temporary in-transit registration shall complete a Verification of Residency form furnished by the Administration. The address reflected on the Verification of Residency form shall match the address reflected on the applicant’s driver’s license.</text> </paragraph> <paragraph num="C."> <text>As proof of vehicle ownership, an applicant for a temporary in-transit registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration, as well as a bill of sale. If the vehicle is less than 7 years old, the bill of sale shall be notarized.</text> </paragraph> <paragraph num="D."> <text>As proof of insurance, an applicant for a temporary in-transit registration shall provide proof that the vehicle for which the temporary in-transit registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-405.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 2020 (47:13 Md. R. 641)</annotation> </annotations> </chapter> <chapter num="38" heading="Electronic Lien Recording and Release"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to govern the electronic transmission of liens recorded and released on vehicle titles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Motor vehicle lienholder” means a person, or a holder or credit grantor, as defined in Commercial Law Article, that is regularly engaged in the business or practice of financing motor vehicles, including, but not limited to, banking institutions, financial institutions, and dealers regularly engaged in financing vehicles.</text> </paragraph> <paragraph num="(3)"> <text>“Vendor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with an authorized participating company, for the purpose of accessing vehicle information and processing lien transactions electronically.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirement for an Electronic Lien Release."> <paragraph num="A."> <text>Effective January 1, 2021, all motor vehicle lienholders shall file electronically with the Administration:</text> <paragraph num="(1)"> <text>Each of its liens; and</text> </paragraph> <paragraph num="(2)"> <text>When a lien is paid in full, the lien release within 5 business days after receiving full payment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To file electronically with the Administration, a motor vehicle lienholder shall:</text> <paragraph num="(1)"> <text>Have an agreement with a vendor approved by the Administration; or</text> </paragraph> <paragraph num="(2)"> <text>Have an agreement with the Administration to submit the information directly to the Administration through the Administration interface.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Commercial Law Article, §§12-622 and 12-1024; Transportation Article, §§13-108.1 and 13-610; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 22, 2021 (48:4 Md. R. 177)</annotation> </annotations> </chapter> <chapter num="39" heading="Electronic or Digital 24-Hour Registration"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter establishes the criteria for the owner of a vehicle to apply for, pay for, and receive an electronic or digital 24-hour registration for the purpose of operating a vehicle on a highway in the State of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Electronic or digital 24-hour registration” means an online transaction provided by Administration through online services.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application for Electronic or Digital 24-Hour Registration."> <paragraph num="A."> <text>The owner of a vehicle that is not currently registered in the new owner’s name in the State and who wishes to use the vehicle on a Maryland State highway may apply for an electronic or digital 24-hour registration in a format prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>An applicant for an electronic or digital 24-hour registration shall provide the Administration with a completed online application, the required fee set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:</text> <paragraph num="(1)"> <text>Identity;</text> </paragraph> <paragraph num="(2)"> <text>Vehicle ownership; and</text> </paragraph> <paragraph num="(3)"> <text>Insurance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An application for an electronic or digital 24-hour registration may be submitted through the Administration’s online services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Period of Validity."> <paragraph num="A."> <text>An electronic or digital 24-hour registration shall:</text> <paragraph num="(1)"> <text>Be valid for a period of 24-hours; and</text> </paragraph> <paragraph num="(2)"> <text>Indicate the expiration date and time.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may not issue more than one 24-hour registration for each vehicle sales transaction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Required Proofs."> <paragraph num="A."> <text>As proof of identity, an applicant for an electronic or digital 24-hour registration shall furnish a valid State-issued ID or driver’s license.</text> </paragraph> <paragraph num="B."> <text>As proof of ownership, an applicant for an electronic or digital 24-hour registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration.</text> </paragraph> <paragraph num="C."> <text>As proof of insurance, an applicant for an electronic or digital 24-hour registration shall provide proof that the vehicle for which the electronic or digital 24-hour registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 31, 2022 (49:22 Md. R. 979)</annotation> </annotations> </chapter> <chapter num="40" heading="Electric Vehicle and Low Emission Vehicle Excise Tax Credit"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter applies to plug-in electric drive vehicles and zero-emission plug in electric drive vehicles:</text> <paragraph num="A."> <text>Applications for excise tax credits; and</text> </paragraph> <paragraph num="B."> <text>Annual surcharge fees.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>In this chapter, 15 U.S.C. §1232, as amended, is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Autocycle” has the meaning stated in Transportation Article, §11-103.4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>Base Purchase Price.</text> <paragraph num="(a)"> <text>“Base purchase price” means the standard vehicle price as printed on the Monroney sticker.</text> </paragraph> <paragraph num="(b)"> <text>“Base purchase price” does not include:</text> <paragraph num="(i)"> <text>Shipping or freight charges;</text> </paragraph> <paragraph num="(ii)"> <text>After manufacture items included with the vehicle at the time of purchase;</text> </paragraph> <paragraph num="(iii)"> <text>Extended warranties;</text> </paragraph> <paragraph num="(iv)"> <text>State or federal taxes;</text> </paragraph> <paragraph num="(v)"> <text>Registration fees;</text> </paragraph> <paragraph num="(vi)"> <text>Calculation of a dealer trade-in allowance;</text> </paragraph> <paragraph num="(vii)"> <text>Dealer discounts or rebates;</text> </paragraph> <paragraph num="(viii)"> <text>State, federal, or local government purchase incentives; or</text> </paragraph> <paragraph num="(ix)"> <text>Vehicle options.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Excise tax” has the meaning stated in Transportation Article, §13-809, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Fuel cell electric vehicle” has the meaning stated in Transportation Article, §11-125.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Monroney sticker” means the label required under 15 U.S.C. §1232, as amended.</text> </paragraph> <paragraph num="(7)"> <text>Plug-in Electric Drive Vehicle.</text> <paragraph num="(a)"> <text>“Plug-in electric drive vehicle” has the meaning stated in Transportation Article, §21-1003.2, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>“Plug-in electric drive vehicle” is not a zero-emission plug in electric drive vehicle.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Zero-Emission Plug-in Electric Drive Vehicle.</text> <paragraph num="(a)"> <text>“Zero-emission plug-in electric drive vehicle” has the meaning stated in Transportation Article, §13-815, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(b)"> <text>“Zero-emission plug-in electric drive vehicle” is not capable of producing tailpipe emissions.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Electric Vehicle Excise Tax Credit Eligibility."> <paragraph num="A."> <text>For determining eligibility of a zero-emission plug-in electric drive vehicle, fuel cell electric vehicle, zero-emission electric motorcycle, or zero-emission autocycle for a vehicle tax credit, the Administration shall use the base purchase price of the vehicle.</text> </paragraph> <paragraph num="B."> <text>Subject to available funding, the vehicle owner is eligible to apply to the Administration for an applicable excise tax credit if the following conditions are met:</text> <paragraph num="(1)"> <text>The vehicle was purchased new and titled for the first time on or after July 1, 2023, but before July 1, 2027;</text> </paragraph> <paragraph num="(2)"> <text>The vehicle has not been modified from original manufacturer specifications;</text> </paragraph> <paragraph num="(3)"> <text>The vehicle is acquired for use or lease by the taxpayer and not for resale;</text> </paragraph> <paragraph num="(4)"> <text>The vehicle has a total base purchase price not exceeding $50,000;</text> </paragraph> <paragraph num="(5)"> <text>If applicable, the vehicle has a battery capacity of at least 5.0 kilowatt hours; and</text> </paragraph> <paragraph num="(6)"> <text>The applicant is either:</text> <paragraph num="(a)"> <text>An individual who has not received a previous excise tax credit for the purchase of a vehicle in accordance with Transportation Article, §13-815; Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A business entity that has not received excise tax credits for the purchase of more than 10 vehicles in accordance with Transportation Article, §13-815, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Subject to available funding, the credit shall be issued in an amount in accordance with Transportation Article, §13-815, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Annual Surcharge Fee."> <paragraph num="A."> <text>In addition to the registration fee, a surcharge fee shall be assessed for plug-in electric drive vehicles and zero-emission plug-in electric drive vehicles pursuant to Transportation Article, §13-956, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Beginning August 1, 2026, this surcharge shall be adjusted annually for inflation. The inflation adjustment shall correspond to the growth in the Consumer Price Index, rounded to the nearest whole dollar, for all urban consumers as determined by the Comptroller in accordance with Tax General Article, §9-305, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date:</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)</annotation> </annotations> </chapter> </subtitle> <subtitle num="16" heading="Motor Vehicle Administration — Vehicle Operations"> <chapter num="01" heading="Transportation of Hazardous Materials"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <paragraph num="A."> <text>This chapter applies to:</text> <paragraph num="(1)"> <text>Interstate and intrastate motor carriers, including officers and employees who directly affect the safe transportation of hazardous materials, operating in Maryland and transporting hazardous materials;</text> </paragraph> <paragraph num="(2)"> <text>Those persons set forth in Transportation Article, §22-409(b), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>The State, or political subdivisions of the State, transporting hazardous materials within the State, except as provided in §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The provisions of this chapter do not apply to law enforcement vehicles or other emergency service vehicles, such as fire and rescue vehicles, which transport hazardous materials required for the performance of their duties or services.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>49 CFR §§107.501—107.504 (Subpart F).</text> </paragraph> <paragraph num="(2)"> <text>49 CFR §§107.601—107.620 (Subpart G).</text> </paragraph> <paragraph num="(3)"> <text>49 CFR §§171—180.</text> </paragraph> <paragraph num="(4)"> <text>49 CFR §383.71.</text> </paragraph> <paragraph num="(5)"> <text>49 CFR §1572.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-820, and 22-409, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 amended effective April 3, 1981 (8:7 Md. R. 642)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.02 adopted effective March 23, 1998 (25:6 Md. R. 489)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 23, 1999 (26:17 Md. R. 1324); February 4, 2002 (29:2 Md. R. 94)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> </annotations> </chapter> <chapter num="02" heading="Authorized Emergency and Service Vehicles"> <regulation prefix="Regulation" num=".01" heading="Application for Approval."> <paragraph num="A."> <text>A governmental agency, or any other person, may not operate any vehicle as an emergency or service vehicle, as set forth in the Transportation Article, §§11-118 and 22-201, Annotated Code of Maryland, unless the governmental agency, or other person, shall make application for approval from the Administrator, upon forms and in such a manner as may be prescribed by the Administrator. The agency, or person, must be in receipt of the written approval before operation of the vehicles as emergency or service vehicles.</text> </paragraph> <paragraph num="B."> <text>Each vehicle and type of operation shall be listed on approval form with exceptions.</text> </paragraph> <paragraph num="C."> <text>The application for approval as emergency or service vehicles shall contain such information as may be required by the Administrator for each and every vehicle, with the exception of any governmental agency, or other person, which operates more than 20 vehicles in the same type of emergency or service operation. In that case, the Administration may accept a certification from the agency, or person, covering all vehicles engaged in similar operations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Interstate Operation."> <text>Notwithstanding the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, nothing shall prohibit the interstate operation through Maryland of out of state police vehicles, equipped with and displaying red and/or blue oscillating or flashing lights, and fire department vehicles, rescue squad vehicles or ambulances, equipped with and displaying red and/or white oscillating or flashing lights while en route, at the scene of, or returning from an emergency during the course of official duty. This regulation does not apply to vehicles engaged in an intrastate operation.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Out-of-State Emergency Type Vehicles for Sale, Resale, or Demonstration Purposes Operating Through Maryland."> <paragraph num="A."> <text>Emergency type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with red and/or white oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale or, demonstration purposes. The use or display of these lights, in any manner, other than as provided for in Regulation .02, shall be deemed a violation of §22-218.</text> </paragraph> <paragraph num="B."> <text>Out-of-State service type vehicles of any governmental agency, tow trucks, slow moving farm vehicles, and rural letter carriers shall be permitted to operate interstate through Maryland equipped with and displaying amber, green, or yellow oscillating or flashing lights or signal devices in accordance with Transportation Article, §22-218, Annotated Code of Maryland, while on official duty and when that operation impedes the normal flow of traffic and becomes a hazard to other motorists. The exemption set forth in this section may not apply to vehicles engaged in an intrastate operation.</text> </paragraph> <paragraph num="C."> <text>Service type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with amber oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale, or demonstration purposes. The use or display of these lights, in any manner, other than as provided for in §B, shall be deemed a violation of §22-218.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §12-104(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 31, 2022 (49:22 Md. R. 980)</annotation> </annotations> </chapter> <chapter num="03" heading="Personal Residential Permits for" reason="Reserved Parking Spaces for Permanently Disabled Persons"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>“Applicant” means for the purpose of administering Transportation Article, §21-1005, Annotated Code of Maryland, an individual who has a physical disability.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application."> <paragraph num="A."> <text>The application form shall be distributed upon request by the Administration.</text> </paragraph> <paragraph num="B."> <text>The application shall be completed in full and signed by the applicant or the applicant's representative.</text> </paragraph> <paragraph num="C."> <text>An application not signed by the physically disabled applicant, or the parent or guardian of a minor applicant, will be rejected.</text> </paragraph> <paragraph num="D."> <text>The Administration shall mail permits to individuals whose applications have been approved.</text> </paragraph> <paragraph num="E."> <text>Applications received for residents of Baltimore City shall be forwarded to the Baltimore City Department of Transportation for processing.</text> </paragraph> <paragraph num="F."> <text>Applications received for residents of Baltimore County shall be forwarded to the Baltimore County Department of Traffic Engineering for processing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Medical Certification."> <paragraph num="A."> <text>A signed or certified statement from a licensed physician is required for an application for a permit. This statement shall certify that the applicant has a permanent physical disability that:</text> <paragraph num="(1)"> <text>Requires the applicant to use a wheelchair to move about; or</text> </paragraph> <paragraph num="(2)"> <text>Is so severe that the applicant would endure a hardship or be subject to a risk of injury if the applicant should enter or leave a vehicle at a less convenient location.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration, at its discretion, may:</text> <paragraph num="(1)"> <text>Allow the physically disabled applicant to submit the statement from a licensed physician with the application; or</text> </paragraph> <paragraph num="(2)"> <text>Obtain the statement directly from the licensed physician.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Parking Permits."> <paragraph num="A."> <text>An applicant may be issued a permit for the use of only one reserved parking space.</text> </paragraph> <paragraph num="B."> <text>For the convenience of the applicant, an additional two permits for the use of the reserved parking space may be issued for vehicles belonging to members of the applicant's household.</text> </paragraph> <paragraph num="C."> <text>Permits are not transferable.</text> </paragraph> <paragraph num="D."> <text>Permits may only be used on household vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Display of Permits."> <text>The parking permit shall be displayed as specified by the Administration.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Parking Space."> <paragraph num="A."> <text>The reserved parking space shall be located as near the front, side, or edge of the applicant's property line as possible.</text> </paragraph> <paragraph num="B."> <text>The reserved space may not be longer than 25 feet in length.</text> </paragraph> <paragraph num="C."> <text>A reserved parking space may not be authorized to the applicant whose property has adequate and accessible off-street parking available.</text> </paragraph> <paragraph num="D."> <text>A reserved parking space may not be authorized for any roadways that have parking or other restrictions prohibiting parking at any time.</text> </paragraph> <paragraph num="E."> <text>All reserved parking spaces on roadways that have established restrictions prohibiting parking at certain times shall also be restricted to the prohibited times.</text> </paragraph> <paragraph num="F."> <text>A vehicle using a reserved parking space shall be parked entirely within the space.</text> </paragraph> <paragraph num="G."> <text>Reserved parking spaces shall be used when possible instead of other public parking spaces.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Sign."> <text>A handicapped parking sign shall contain a “wheelchair” symbol and the permit number, and be in a form specified by the Administrator of the State Highway Administration.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Authorized Handicapped Parking Sign."> <paragraph num="A."> <text>Except in Baltimore City and Baltimore County, upon approval by the Motor Vehicle Administration, the State Highway Administration shall erect the authorized handicapped parking sign.</text> </paragraph> <paragraph num="B."> <text>In Baltimore City and Baltimore County, approval and erection of authorized handicapped parking signs shall be performed by the respective jurisdiction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Revocation of Parking Permit and Reserved Parking Space."> <text>A reserved space and all parking permits shall be immediately revoked by the Motor Vehicle Administration upon receiving evidence:</text> <paragraph num="A."> <text>Of false statements on the application;</text> </paragraph> <paragraph num="B."> <text>Of the misuse of the parking privilege;</text> </paragraph> <paragraph num="C."> <text>Of the rezoning or reclassification of the roadway restrictions to prohibit parking at any time;</text> </paragraph> <paragraph num="D."> <text>That the permit holder's disability has improved to the point where the permit holder can safely enter or leave a vehicle at a less convenient location;</text> </paragraph> <paragraph num="E."> <text>That the permit holder's dwelling unit or adjacent property has been modified to provide adequate and accessible off-street parking; or</text> </paragraph> <paragraph num="F."> <text>That the permit holder has failed or refused to provide documentation to substantiate the permit holder's continued need for reserved parking, when requested by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Notification to State Highway Administration."> <text>A copy of the application shall be forwarded to the State Highway Administration immediately after approval.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 19, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)</annotation> <annotation type="History" subtype="Administrative History">Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)</annotation> </annotations> </chapter> <chapter num="04" heading="Revocation of Disabled Registration Plates and Parking Placards"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish procedures for the revocation of disabled registration plates and parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland, if the Administration determines an individual has committed fraud, made any misrepresentation in applying for or using disabled registration plates or parking placard, or currently fails to meet the requirements for the issuance of disabled registration plates or parking placard.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Disabled registration plates” means special disabled registration plates issued by the Administration to individuals who meet the requirements under Transportation Article, §13-616, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Owner” means an individual issued disabled registration plates or a parking placard under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Parking placard” means a disabled parking placard issued by the Administration to individuals with disabilities who meet the requirements of Transportation Article, §§13-616.1 or 13-616.2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Revoke” means to cancel and recall disabled registration plates or parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Complaints."> <paragraph num="A."> <text>Complaints made to the Administration regarding fraud or misrepresentation in applying for or using disabled registration plates or parking placards, or individuals with disabled registration plates or parking placards who do not meet the eligibility requirement shall be:</text> <paragraph num="(1)"> <text>Submitted in writing;</text> </paragraph> <paragraph num="(2)"> <text>Submitted on a form approved by the Administration; and</text> </paragraph> <paragraph num="(3)"> <text>Signed under penalties of perjury by the complainant.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall review the complaint and may conduct an investigation to determine if an individual with disabled registration plates or a parking placard:</text> <paragraph num="(1)"> <text>Committed fraud in the application for the disabled registration plates or parking placard;</text> </paragraph> <paragraph num="(2)"> <text>Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or</text> </paragraph> <paragraph num="(3)"> <text>Does not currently meet the eligibility requirements for the issuance of the disabled registration plates or parking placard.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration shall maintain a record of all investigations conducted regarding fraud, misrepresentation, or ineligibility of individuals with disabled registration plates or parking placards issued by the Administration for:</text> <paragraph num="(1)"> <text>1 year from the date the investigation is closed, if no administrative action was taken to revoke the disabled registration plates or parking placard; or</text> </paragraph> <paragraph num="(2)"> <text>8 years from the date the disabled registration plates or parking placards were revoked.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Revocation of Disabled Registration Plates or Parking Placards."> <text>The Administration may revoke an owner’s disabled registration plates or parking placard, if after an investigation, the Administration determines that the owner of the disabled registration plates or parking placard:</text> <paragraph num="A."> <text>Committed fraud in the application for the disabled registration plates or parking placard;</text> </paragraph> <paragraph num="B."> <text>Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or</text> </paragraph> <paragraph num="C."> <text>Does not currently meet the eligibility requirements for the issuance of disabled registration plates or parking placard.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Notice of Revocation."> <paragraph num="A."> <text>The Administration shall send a notice of the proposed revocation to the owner of disabled registration plates or parking placard, and that notice shall be:</text> <paragraph num="(1)"> <text>In writing; and</text> </paragraph> <paragraph num="(2)"> <text>Sent by U. S. mail to the individual at the address on record with the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The notice shall advise the individual of the following:</text> <paragraph num="(1)"> <text>The date the disabled registration plates or parking placard will be revoked;</text> </paragraph> <paragraph num="(2)"> <text>The reason for the revocation of the disabled registration plates or parking placard;</text> </paragraph> <paragraph num="(3)"> <text>That an administrative hearing may be requested by sending a written request to the Administration within 15 days of the notice of revocation to appeal the decision to revoke the disabled registration plates or parking placard;</text> </paragraph> <paragraph num="(4)"> <text>That the effective date of the revocation will be stayed until a requested administrative hearing is conducted; and</text> </paragraph> <paragraph num="(5)"> <text>That the individual may be represented by an attorney at the administrative hearing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Failure to appear for the scheduled administrative hearing shall result in the immediate revocation of the disabled registration plates or parking placard.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Surrender of Revoked Disabled Registration Plates or Parking Placards."> <paragraph num="A."> <text>The owner shall surrender to the Administration all disabled registration plates or parking placards revoked by the Administration.</text> </paragraph> <paragraph num="B."> <text>Failure to surrender revoked disabled registration plates or parking placards will result in the Administration's issuance of an order to pick up the plates or placards.</text> </paragraph> <paragraph num="C."> <text>The Administration shall issue substitute registration plates to replace the surrendered disabled registration plates for the remainder of the registration period.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Reissue of Disabled Registration Plates or Parking Placard."> <text>If an individual’s disabled registration plates or parking placard has been revoked, before the issuance of new disabled registration plates or parking placard, the individual shall submit an application for the disabled registration plates or parking placard for investigation to determine the validity of the individual’s information on the application.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> </annotations> </chapter> <chapter num="05" heading="Unified Truck Travel"> <regulation prefix="Regulation" num=".01" heading="Approval for Operation."> <paragraph num="A."> <text>Except as provided in §B of this regulation, a person may not operate a motor vehicle without leaving enough space so that an overtaking vehicle may enter and occupy the space between the trucks unless the driver is in receipt of written approval from the Administration.</text> </paragraph> <paragraph num="B."> <text>A person may apply to the Administration for written approval for the operation of trucks in an electronically unified manner in conformity with Transportation Article, §21-310(f), Annotated Code of Maryland, and with this chapter.</text> </paragraph> <paragraph num="C."> <text>The applicant shall certify to the Administration that the trucks will be operated in conformity with this chapter and related policies or procedures established by the Administration.</text> </paragraph> <paragraph num="D."> <text>The driver shall carry copies of the written approval while operating the truck in a unified manner in accordance with this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Operational Requirements."> <paragraph num="A."> <text>The applicant shall submit an Operational Plan to the Administration. The Operational Plan shall include:</text> <paragraph num="(1)"> <text>A description of the type of technology that is being utilized in the participating truck, including detailed descriptions of the vehicle safety features;</text> </paragraph> <paragraph num="(2)"> <text>The route information, including the locations, dates, and times of planned travel;</text> </paragraph> <paragraph num="(3)"> <text>The types of traffic and roadway conditions expected to be encountered;</text> </paragraph> <paragraph num="(4)"> <text>Any environmental condition limitations;</text> </paragraph> <paragraph num="(5)"> <text>A description of the driver training plan for drivers of the participating truck; and</text> </paragraph> <paragraph num="(6)"> <text>A company contact for the purpose of communication with the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall conduct a safety evaluation of the Operational Plan in consultation with appropriate agencies, including but not limited to the Maryland State Police, the Maryland Transportation Authority, and the Maryland Department of Transportation State Highway Administration. The Administration may:</text> <paragraph num="(1)"> <text>Approve the plan without changes;</text> </paragraph> <paragraph num="(2)"> <text>Request modifications to the Operational Plan; or</text> </paragraph> <paragraph num="(3)"> <text>Deny the Operational Plan.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration, the Maryland State Police, the Maryland Transportation Authority, or the Maryland Department of Transportation State Highway Administration may request an inspection of all technology and safety equipment prior to or any time after approval.</text> </paragraph> <paragraph num="D."> <text>The Administration reserves the right to withdraw written approval for any lawful reason, including but not limited to failure to comply with this regulation or any related policies or procedures established by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Prohibitions."> <paragraph num="A."> <text>A driver may not operate a truck as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland:</text> <paragraph num="(1)"> <text>In a highway work zone as defined in COMAR 11.04.15.01B(5);</text> </paragraph> <paragraph num="(2)"> <text>While transporting hazardous materials as defined by the Hazardous Material Regulation of the U.S. Department of Transportation;</text> </paragraph> <paragraph num="(3)"> <text>While transporting loose materials as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>On any road except a controlled access highway as defined in Transportation Article, §21-101(g), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(5)"> <text>While carrying an overweight or oversize load as defined in Transportation Article, §24-112, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>No more than two trucks may operate as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Safety."> <paragraph num="A."> <text>While traveling under the authority of an approval of this chapter, the driver shall comply with:</text> <paragraph num="(1)"> <text>The vehicle laws of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The regulations of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Any other conditions, both general and specific, attached to the approval.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When operating a truck under the approval of this chapter, the driver shall ensure the safety of the public.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 18, 2021 (48:21 Md. R. 890)</annotation> </annotations> </chapter> </subtitle> <subtitle num="17" heading="Motor Vehicle Administration — Driver Licensing and Identification Documents"> <chapter num="01" heading="Reexamination of Drivers"> <regulation prefix="Regulation" num=".01" heading="Reexamination."> <text>The Motor Vehicle Administration may require a person, licensed as a Maryland driver, to be reexamined if any of the following conditions exist:</text> <paragraph num="A."> <text>The driver has been charged with a moving violation in the State, and the presiding judge has recommended reexamination;</text> </paragraph> <paragraph num="B."> <text>The driver's medical file has been before the Medical Advisory Board of the Motor Vehicle Administration, and the Board has recommended reexamination;</text> </paragraph> <paragraph num="C."> <text>The driver has appeared at an administrative hearing, and the hearing officer has recommended reexamination; or</text> </paragraph> <paragraph num="D."> <text>The driver has been referred by a police officer who gives reason to believe that the driver should be reexamined.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Determining Fitness."> <paragraph num="A."> <text>If the Motor Vehicle Administration receives, in a manner other than described in Regulation .01, information which indicates that a driver is unsafe or unfit to drive, the Motor Vehicle Administration may reexamine the driver to determine the driver's safety or fitness to drive.</text> </paragraph> <paragraph num="B."> <text>The Motor Vehicle Administration may not require that a person be reexamined under this regulation unless an investigation of the underlying facts has been conducted by the Motor Vehicle Administration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-106, 16-110, 16-115, 16-206(a) and (b), and 16-207, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 amended effective October 13, 1976 (3:21 Md. R. 1208)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 22, 1978 (5:19 Md. R. 1446); February 3, 1992 (19:2 Md. R. 154)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective February 3, 1992 (19:2 Md. R. 154)</annotation> </annotations> </chapter> <chapter num="02" heading="Expiration and Renewal of Driver's License"> <regulation prefix="Regulation" num=".01" heading="Expired Driver's License."> <text>Previously licensed Maryland drivers who fail to renew their driver's licenses within 1 year after expiration are required to:</text> <paragraph num="A."> <text>Apply for their license in person.</text> </paragraph> <paragraph num="B."> <text>Pay the license fee for issuance of an original license, as set forth in COMAR 11.11.05. Applicants eligible for a Class M license in combination with any other license classification enumerated under Transportation Article, §16-104.1, Annotated Code of Maryland, shall pay an original license fee as set forth in COMAR 11.11.05 for issuance of a new license for each classification of license issued.</text> </paragraph> <paragraph num="C."> <text>Be examined as required by Transportation Article, §§16-110 and 16.115(c), Annotated Code of Maryland, for each classification of license issued.</text> </paragraph> <paragraph num="D."> <text>Present documentation in accordance with COMAR 11.17.09.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Armed Forces Licensees Absent from the State."> <paragraph num="A."> <text>An individual's driver's license remains in full force and effect if the individual is:</text> <paragraph num="(1)"> <text>Absent from this State on active duty in the armed forces of the United States; or</text> </paragraph> <paragraph num="(2)"> <text>A dependent of and residing with a member of the armed forces of the United States, on active duty outside this State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If a license is valid under §A of this regulation, but that license would otherwise have expired, the license remains in effect until the earlier of the following dates:</text> <paragraph num="(1)"> <text>30 days following the date of the licensee's return to this State; or</text> </paragraph> <paragraph num="(2)"> <text>30 days following the licensee's discharge from active duty.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The provisions of §B of this regulation do not apply if the license is suspended, revoked, or canceled during the 30-day period following the licensee's return to this State.</text> </paragraph> <paragraph num="D."> <text>Although the driver's license remains in effect while a member of the armed forces is absent from this State, a member of the armed forces on active duty and the member's dependents, whose driver's licenses will expire while they are absent from the State, are encouraged to renew their driver's licenses by mail and receive valid, without photo, licenses.</text> </paragraph> <paragraph num="E."> <text>If a license has expired, a member of the armed forces and the member's dependents shall, upon returning to the State, present documents in accordance with COMAR 11.17.09.06 for purposes of renewing their driver's licenses.</text> </paragraph> <paragraph num="F."> <text>A member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:</text> <paragraph num="(1)"> <text>The member's military identification card; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the armed forces member's military orders indicating active duty outside this State.</text> </paragraph> </paragraph> <paragraph num="G."> <text>A dependent of a member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:</text> <paragraph num="(1)"> <text>The dependent's military dependent identification card;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the armed forces member's military orders indicating active duty outside this State; and</text> </paragraph> <paragraph num="(3)"> <text>A certified statement from the armed forces member verifying that the:</text> <paragraph num="(a)"> <text>Dependent has been residing outside this State with the member; and</text> </paragraph> <paragraph num="(b)"> <text>Member was on active duty.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-110(b), 16-111.1, and 16-115, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 28, 1979 (6:26 Md. R. 2075)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2755); March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 adopted effective October 11, 1993 (20:20 Md. R. 1573)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 286)</annotation> </annotations> </chapter> <chapter num="03" heading="Physical and Mental Condition"> <regulation prefix="Regulation" num=".01" heading="Physical Condition of Applicant."> <paragraph num="A."> <text>Pursuant to the Maryland Vehicle Law and these regulations, the Administrator shall obtain information regarding the physical and mental condition of an individual who seeks to drive on the highways of this State.</text> </paragraph> <paragraph num="B."> <text>Drivers of Commercial Motor Vehicles.</text> <paragraph num="(1)"> <text>Drivers of commercial vehicles shall meet the physical qualifications in §B(2)—(4) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>Interstate Operations. Interstate drivers of commercial motor vehicles shall meet the physical qualifications of the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392, which is incorporated by reference.</text> </paragraph> <paragraph num="(3)"> <text>Intrastate Operations. Intrastate drivers of commercial motor vehicles shall meet the physical qualifications of COMAR 11.21.01 which incorporates by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.</text> </paragraph> <paragraph num="(4)"> <text>School Vehicle Operations. Drivers of school vehicles shall meet the physical qualifications of COMAR 11.19.05 and 11.21.01 which incorporate by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Disorders Reported by Physicians or Other Authorized Persons."> <paragraph num="A."> <text>Under Transportation Article, §16-119, Annotated Code of Maryland, any physician and any other person authorized to diagnose, detect, or treat the following disorders, may report to the Administration and to the subject of the report, in writing, the full name, date of birth, and address of each individual 15 years old or older who has a disorder that:</text> <paragraph num="(1)"> <text>Is characterized by lapses of consciousness; or</text> </paragraph> <paragraph num="(2)"> <text>Results in a corrected visual acuity that fails to comply with the vision requirements of Transportation Article, Title 16, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Lapses of Consciousness.</text> <paragraph num="(1)"> <text>A lapse of consciousness is defined as failure to be oriented to time, place, person, situation. Examples of lapses of consciousness or unconsciousness are:</text> <paragraph num="(a)"> <text>Automatism;</text> </paragraph> <paragraph num="(b)"> <text>Confusion;</text> </paragraph> <paragraph num="(c)"> <text>Stupor;</text> </paragraph> <paragraph num="(d)"> <text>Delirium; and</text> </paragraph> <paragraph num="(e)"> <text>Coma.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Among the conditions that can cause an individual to have a significant risk of lapses of consciousness are:</text> <paragraph num="(a)"> <text>Epilepsy;</text> </paragraph> <paragraph num="(b)"> <text>Narcolepsy;</text> </paragraph> <paragraph num="(c)"> <text>Cardiovascular disease;</text> </paragraph> <paragraph num="(d)"> <text>Cerebrovascular disease;</text> </paragraph> <paragraph num="(e)"> <text>Alcoholism;</text> </paragraph> <paragraph num="(f)"> <text>Drug addiction; and</text> </paragraph> <paragraph num="(g)"> <text>Severe hypoglycemia.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Individuals who have a significant risk of lapses of consciousness due to any condition or disease may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland. A judgment of significant risk shall be based on:</text> <paragraph num="(a)"> <text>Knowledge of an individual's past history of lapses of consciousness and the present state of the individual's health;</text> </paragraph> <paragraph num="(b)"> <text>How well the individual's disorder is controlled; or</text> </paragraph> <paragraph num="(c)"> <text>How much the individual's condition has improved.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Individuals who have any disorder which prevents them from having a corrected minimum visual acuity of 20/40 in each eye and a field of vision of at least 140 degrees may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02-1" heading="Disorders Reported by Applicant or Licensee."> <paragraph num="A."> <text>A licensee or an applicant for a driver’s license shall notify the Administration if the licensee or applicant is diagnosed as having any of the following:</text> <paragraph num="(1)"> <text>Diabetes that has caused a low blood sugar episode requiring assistance from another person in the last 6 months;</text> </paragraph> <paragraph num="(2)"> <text>Epilepsy;</text> </paragraph> <paragraph num="(3)"> <text>Seizure;</text> </paragraph> <paragraph num="(4)"> <text>A heart condition that has caused a loss of consciousness in the past 6 months;</text> </paragraph> <paragraph num="(5)"> <text>Stroke;</text> </paragraph> <paragraph num="(6)"> <text>A condition that causes you to have dizzy spells, fainting, or blackouts;</text> </paragraph> <paragraph num="(7)"> <text>Sleep apnea or narcolepsy;</text> </paragraph> <paragraph num="(8)"> <text>A history of traumatic brain injury (TBI);</text> </paragraph> <paragraph num="(9)"> <text>A condition that causes weakness, shaking, or numbness in the arms, hands, legs, or feet that may affect your ability to drive;</text> </paragraph> <paragraph num="(10)"> <text>A hand, arm, foot, or leg, that is absent, amputated, or has a loss of function that may affect your ability to drive;</text> </paragraph> <paragraph num="(11)"> <text>An eye problem which prevents a corrected minimum visual acuity of 20/70 in at least one eye or binocular field of vision of at least 110 degrees;</text> </paragraph> <paragraph num="(12)"> <text>Alcohol use problem;</text> </paragraph> <paragraph num="(13)"> <text>Drug use problem;</text> </paragraph> <paragraph num="(14)"> <text>A mental health condition that may affect your ability to drive;</text> </paragraph> <paragraph num="(15)"> <text>Schizophrenia; or</text> </paragraph> <paragraph num="(16)"> <text>Dementia.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administrator may include with the application for, or renewal of, a Maryland driver's license, an information insert containing the list of reportable physical or mental conditions indicated in §A of this regulation, and remind the individual of the individual's responsibility to indicate on the application if the individual has been treated for a reportable physical or mental condition.</text> </paragraph> <paragraph num="C."> <text>Upon application for, or renewal of, a driver's license, the applicant shall answer any question submitted by the Administration pertaining to any disorders affecting the applicant's ability to drive.</text> </paragraph> <paragraph num="D."> <text>Upon diagnosis of a medical condition listed in §A of this regulation, a licensee shall notify the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Procedures When a Certain Physical or Mental Condition Is Indicated."> <text>Upon receipt of an application for a driver’s license, or renewal of a driver’s license, on which an individual has indicated that the individual has been treated for any of the listed disorders, or when an individual is referred to the Medical Advisory Board by the Administrator for any other reason, the Administration shall follow the procedures set forth below:</text> <paragraph num="A."> <text>The Administration may require the individual to obtain from the individual's physician a report indicating the onset of the condition, the physician's diagnosis and prognosis and the medication being prescribed. The individual shall forward the physician's report to the Medical Advisory Board of the Administration.</text> </paragraph> <paragraph num="B."> <text>When the Medical Advisory Board receives the physician's report, a determination shall be made as to whether the physical or mental condition indicated in the report is of the type that might impair the individual's ability to operate a motor vehicle. If a determination is made that the condition might do so, the individual may be scheduled to appear before a physician of the Medical Advisory Board for an interview. At this interview the individual will be given the opportunity to present additional medical information on the individual's own behalf and will be required to answer any questions asked by the physician conducting the interview.</text> </paragraph> <paragraph num="C."> <text>If an individual is asked to appear for an interview before a physician of the Medical Advisory Board, the individual shall be:</text> <paragraph num="(1)"> <text>Notified in writing of the physical or mental condition being evaluated by the Board; and</text> </paragraph> <paragraph num="(2)"> <text>Notified of the name of the physician who is conducting the interview and the physician's medical specialty.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Medical Advisory Board Guidelines."> <paragraph num="A."> <text>The Medical Advisory Board shall follow the guidelines set forth in §§B—J of this regulation when making a recommendation to the Administration.</text> </paragraph> <paragraph num="B."> <text>Cardiovascular Impairments.</text> <paragraph num="(1)"> <text>Contraindications. Contraindications for the safe operation of a motor vehicle under any circumstance may include, but are not limited to:</text> <paragraph num="(a)"> <text>Unstable angina;</text> </paragraph> <paragraph num="(b)"> <text>Recovering from myocardial infarction of less than 4 weeks duration;</text> </paragraph> <paragraph num="(c)"> <text>Recovering from open heart surgery within the past 6 weeks;</text> </paragraph> <paragraph num="(d)"> <text>Recovering from heart transplantation surgery, 6 weeks after discharge;</text> </paragraph> <paragraph num="(e)"> <text>Placement of a left ventricular assist device discharge;</text> </paragraph> <paragraph num="(f)"> <text>Severe, uncontrolled congestive heart failure;</text> </paragraph> <paragraph num="(g)"> <text>Severe, uncontrolled hypertension;</text> </paragraph> <paragraph num="(h)"> <text>Cardiac infections not responding to appropriate therapy;</text> </paragraph> <paragraph num="(i)"> <text>Unoperated critical aortic stenosis or subaortic stenosis;</text> </paragraph> <paragraph num="(j)"> <text>Unoperated aneurysms of the aorta or cerebrovascular system;</text> </paragraph> <paragraph num="(k)"> <text>Loss of or impaired consciousness due to, but not limited to, uncontrolled arrhythmias, pacemaker failures, and cardiomyopathy;</text> </paragraph> <paragraph num="(l)"> <text>A symptom within 6 months after discharge of an automatic implantable cardioverter defibrillator (AICD);</text> </paragraph> <paragraph num="(m)"> <text>Any of the following arrhythmias:</text> <paragraph num="(i)"> <text>Alternating left or right bundle branch block (LBBB or RBBB) second degree AV;</text> </paragraph> <paragraph num="(ii)"> <text>Mobitz II (distal AV block); or</text> </paragraph> <paragraph num="(iii)"> <text>Acquired third degree AV block; and</text> </paragraph> </paragraph> <paragraph num="(n)"> <text>Survivors of sudden death with automatic implantable cardioverter defibrillator (AICD) devices still discharging at intervals of less than 3 months.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual who has a condition listed in §B(1) of this regulation may be considered for a license by submitting evidence acceptable to the Medical Advisory Board that the condition:</text> <paragraph num="(a)"> <text>Has been modified, either medically or surgically; and</text> </paragraph> <paragraph num="(b)"> <text>Is well controlled without recurrence or relapse.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Cases shall be evaluated on an individual basis by the Medical Advisory Board in doubtful or unclear circumstances.</text> </paragraph> <paragraph num="(4)"> <text>Additional or periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Diseases of the Endocrine System.</text> <paragraph num="(1)"> <text>Diabetes Mellitus. An individual with diabetes mellitus requiring insulin may be reviewed by the Medical Advisory Board.</text> </paragraph> <paragraph num="(2)"> <text>Hypoglycemia. An individual who suffers from recurrent severe uncontrolled attacks of hypoglycemia may not operate any type of motor vehicle and may not be considered for any class license.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Diseases of the Neuromusculoskeletal System. An individual who has a significant musculoskeletal impairment shall be evaluated by the Medical Advisory Board before being licensed initially or before having the individual's license to operate a motor vehicle renewed.</text> </paragraph> <paragraph num="E."> <text>Diseases of the Nervous System.</text> <paragraph num="(1)"> <text>Cerebral Hemorrhage, Infarction, or Traumatic Brain Injury (TBI). An individual who has had a cerebral hemorrhage, infarction, or TBI that has resulted in a marked change in personality, alertness, ability to make decisions, loss of coordination, motor power, visual acuity, visual field, or any other neurological deficit shall be reviewed by the Medical Advisory Board.</text> </paragraph> <paragraph num="(2)"> <text>Seizures.</text> <paragraph num="(a)"> <text>The driver's license or driving privilege of an individual with seizures may be suspended or refused for a period of 90 days or more from the date of the last seizure.</text> </paragraph> <paragraph num="(b)"> <text>An individual whose driver's license or driving privilege has been suspended or refused under §E(2)(a) of this regulation may request that the period of suspension or refusal be withdrawn or modified by submitting evidence of favorable modifiers acceptable to the Medical Advisory Board.</text> </paragraph> <paragraph num="(c)"> <text>The Medical Advisory Board shall consider favorable and unfavorable modifiers under §E(2)(e) and (f) of this regulation in determining whether to recommend that the suspension or refusal period be withdrawn or modified to more or less than 90 days.</text> </paragraph> <paragraph num="(d)"> <text>The withdrawal or reduction or increase of the suspension or refusal period shall be based upon the recommendation of the Medical Advisory Board.</text> </paragraph> <paragraph num="(e)"> <text>Favorable modifiers include:</text> <paragraph num="(i)"> <text>Seizures during medically directed medication changes;</text> </paragraph> <paragraph num="(ii)"> <text>Simple partial seizures that do not interfere with consciousness or motor control;</text> </paragraph> <paragraph num="(iii)"> <text>Seizures with consistent and prolonged auras;</text> </paragraph> <paragraph num="(iv)"> <text>Established pattern of pure nocturnal seizures; and</text> </paragraph> <paragraph num="(v)"> <text>Favorable driving record.</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Unfavorable modifiers include:</text> <paragraph num="(i)"> <text>Noncompliance with medication or medical visits;</text> </paragraph> <paragraph num="(ii)"> <text>Alcohol or drug abuse in the past 3 months;</text> </paragraph> <paragraph num="(iii)"> <text>Unfavorable driving record;</text> </paragraph> <paragraph num="(iv)"> <text>Structural brain lesion;</text> </paragraph> <paragraph num="(v)"> <text>Placement of a vagal nerve stimulator to control seizure activity; and</text> </paragraph> <paragraph num="(vi)"> <text>Seizure control requiring three or more medications.</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>Periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.</text> </paragraph> <paragraph num="(h)"> <text>At the conclusion of the suspension or refusal period, the Medical Advisory Board shall reevaluate the individual and recommend appropriate action.</text> </paragraph> <paragraph num="(i)"> <text>The procedures for the restoration of the driver's license following a period of ineligibility are set forth in COMAR 11.17.04.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Narcolepsy. An individual under treatment for this condition may not be considered for any class of license until the individual has been free of symptoms for at least 6 months and is experiencing no side effects from medications. The individual shall be cleared by the Medical Advisory Board.</text> </paragraph> <paragraph num="G."> <text>Psychiatric Disorders.</text> <paragraph num="(1)"> <text>Psychopathic Personality. An individual who has a disregard for accepted social values, who has a history of impulsive or irresponsible behavior, and who is frequently rebellious to authority or openly aggressive, with consequent loss of caution and good judgment, may not be considered for any class of license.</text> </paragraph> <paragraph num="(2)"> <text>Personality, Character, and Psychotic Disorders. An individual with severe symptoms of personality, character, or psychotic disorders shall be evaluated by the Medical Advisory Board for a license on the basis of alertness, social behavior, psychomotor retardation, and side effects from drug therapy.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Substance Use Disorders. In this section, a certified substance abuse treatment program means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.</text> <paragraph num="(1)"> <text>A severe substance use disorder is characterized by physical or psychological dependence, or both, on certain psychoactive chemical substances, as shown through the continued use of these psychoactive chemical substances despite harmful or adverse circumstances. A mild or moderate substance use disorder involves harmful or hazardous use of substances which can be both licit, for example medication, and illicit. These substances include, but are not limited to:</text> <paragraph num="(a)"> <text>Central nervous system depressants such as alcohol, tranquilizers, and opiates and their derivatives;</text> </paragraph> <paragraph num="(b)"> <text>Hallucinogens;</text> </paragraph> <paragraph num="(c)"> <text>Stimulants; and</text> </paragraph> <paragraph num="(d)"> <text>Volatile solvents.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Before being considered for a license, an individual who has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, is required to submit satisfactory evidence to the Administration of:</text> <paragraph num="(a)"> <text>Complete abstinence from substance use for 6 months or as determined by the Administration on a case-by-case basis;</text> </paragraph> <paragraph num="(b)"> <text>Enrollment in, or completion of a substance abuse treatment program for at least 90 days or longer as determined by the Administration on a case-by-case basis; and</text> </paragraph> <paragraph num="(c)"> <text>Participation in a self-help group for a period of time as determined by the Administration on a case-by-case basis.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual's safe driving of a motor vehicle, including enrollment in an ignition interlock program.</text> </paragraph> <paragraph num="(4)"> <text>Regardless of the number of incidents, if as the result of investigation, or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.</text> </paragraph> </paragraph> <paragraph num="I."> <text>An individual who is a paraplegic, quadriplegic, or has the loss of one or more limbs may be required by the Medical Advisory Board to submit to driver's reexamination to determine the individual's ability to safely operate a motor vehicle.</text> </paragraph> <paragraph num="J."> <text>Traumatic Brain Injury. After the review of medical reports submitted by a physician, a rehabilitation facility, or an occupational therapist, the Medical Advisory Board or Administration may require an examination or reexamination consisting of law, vision and driving tests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedures when Suspension or Refusal is Recommended."> <text>If the Medical Advisory Board recommends suspension or refusal of a driving privilege, and the recommendation is followed by the Administration, a letter shall be sent by first class mail to the individual, stating:</text> <paragraph num="A."> <text>When the suspension or refusal becomes effective;</text> </paragraph> <paragraph num="B."> <text>The reasons for the suspension or refusal;</text> </paragraph> <paragraph num="C."> <text>When licensure will be reconsidered;</text> </paragraph> <paragraph num="D."> <text>That an administrative hearing may be requested in writing;</text> </paragraph> <paragraph num="E."> <text>That the effective date of the suspension will be stayed until the administrative hearing is conducted if the individual has a valid license, except in emergency situations; and</text> </paragraph> <paragraph num="F."> <text>That the individual may be represented by an attorney at the administrative hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Procedures when a Suspension or a Refusal is Continued."> <text>The provisions set forth in Regulation .05 of this chapter also apply when the Administration, based upon a recommendation of the Medical Advisory Board, continues a suspension or refusal.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Procedures when a Hearing is Requested."> <paragraph num="A."> <text>If an individual requests an administrative hearing after a decision of the Administration based upon a recommendation of the Medical Advisory Board, the Administration, except as provided in §B of this regulation, shall inform the individual of all records and documents considered by the Medical Advisory Board, including their source and the dates of examinations or treatments from which they were prepared, and the individual shall have the right to inspect and copy the records and documents during hours designated by the Administration.</text> </paragraph> <paragraph num="B."> <text>Records and documents designated confidential by their source may not be disclosed, nor their contents revealed, except by court order.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Emergency Suspension."> <paragraph num="A."> <text>If the physical or mental condition of an individual indicates there is a likelihood of substantial and immediate danger and harm to the individual or others if the individual's license is continued pending evaluation by the Medical Advisory Board, then the individual's driving privileges shall be suspended pursuant to the provisions of Transportation Article, §16-206, Annotated Code of Maryland. The physical or mental condition may come to the attention of the Administration when:</text> <paragraph num="(1)"> <text>A physician's certificate is received by the Medical Advisory Board;</text> </paragraph> <paragraph num="(2)"> <text>The individual is referred to the Medical Advisory Board for any reason;</text> </paragraph> <paragraph num="(3)"> <text>The Administration receives information that a licensee has violated a restriction, limitation, or other requirement imposed as a prerequisite for issuance or reinstatement of a license; or</text> </paragraph> <paragraph num="(4)"> <text>When the Administration becomes aware of a serious medical condition in any other manner.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The individual shall be notified in writing of the suspension either:</text> <paragraph num="(1)"> <text>By personal delivery to the individual; or</text> </paragraph> <paragraph num="(2)"> <text>By mail to the individual at the last address of record with the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The notice under §B of this regulation shall:</text> <paragraph num="(1)"> <text>Describe the mental or physical conditions supporting the emergency suspension; and</text> </paragraph> <paragraph num="(2)"> <text>Inform the individual of the right to inspect and copy all medical records and other documents considered in the emergency suspension, except records and documents designated confidential by their source, under Regulation .07 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Records of the Medical Advisory Board — Used for Driver Safety Research."> <paragraph num="A."> <text>In addition to using the records of the Medical Advisory Board to determine the qualifications of an individual to drive, the Administration may use information contained within those records for the purpose of driver safety research.</text> </paragraph> <paragraph num="B."> <text>Records of the Medical Advisory Board are confidential, except as provided under Transportation Article, §§16-118 and 16-119, Annotated Code of Maryland, in which information may be used for the purpose of driver safety research, provided that personal information relating to the identity of the individual is not disclosed.</text> </paragraph> <paragraph num="C."> <text>An individual's personal information that may not be disclosed includes:</text> <paragraph num="(1)"> <text>Name;</text> </paragraph> <paragraph num="(2)"> <text>Address;</text> </paragraph> <paragraph num="(3)"> <text>Telephone number or numbers;</text> </paragraph> <paragraph num="(4)"> <text>Email address;</text> </paragraph> <paragraph num="(5)"> <text>Driver's license number;</text> </paragraph> <paragraph num="(6)"> <text>Social Security number; and</text> </paragraph> <paragraph num="(7)"> <text>Any other information that may be used to specifically identify an individual.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration may cooperate with other research entities on driver safety research under the conditions and restrictions set forth in this regulation.</text> </paragraph> <paragraph num="E."> <text>An outside organization requesting to collaborate with the Administration on driver safety research shall:</text> <paragraph num="(1)"> <text>Submit a written explanation of the purpose of the research to include:</text> <paragraph num="(a)"> <text>The scope of the proposed research;</text> </paragraph> <paragraph num="(b)"> <text>The type of information being requested;</text> </paragraph> <paragraph num="(c)"> <text>How this information would be utilized;</text> </paragraph> <paragraph num="(d)"> <text>Contact information for the organization; and</text> </paragraph> <paragraph num="(e)"> <text>Other information as necessary to render a decision on the collaboration;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Complete an Institutional Review Board approved study protocol, and attach the Institutional Review Board's approval before requesting information contained in Medical Advisory Board records;</text> </paragraph> <paragraph num="(3)"> <text>Execute the Privacy Protection Policy provided by the Administration; and</text> </paragraph> <paragraph num="(4)"> <text>Comply with the current research proposal requirements provided by the Administration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Administration shall review the information obtained under §E of this regulation and, in consultation with the Medical Advisory Board, render a decision on the use of its records for the specific purpose of the proposed research.</text> </paragraph> <paragraph num="G."> <text>The Administration may impose conditions on the use of its records by any outside organization and may deny access to information at any time.</text> </paragraph> <paragraph num="H."> <text>The Administration may require funding from the outside organization to cover the cost of converting information from the records of the Medical Advisory Board into a usable format.</text> </paragraph> <paragraph num="I."> <text>An outside organization shall provide the Administration with a copy of any research reports or articles, before final completion or publication, which utilizes or references the information provided by the Administration or the Medical Advisory Board.</text> </paragraph> <paragraph num="J."> <text>The Administration may establish additional guidelines for the submission of information requests.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 4, 1976 (3:3 Md. R. 152)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 23, 1981 (8:2 Md. R. 114)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)</annotation> <annotation type="History" subtype="Administrative History">Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)</annotation> </annotations> </chapter> <chapter num="04" heading="Epilepsy — Restoration of License Following Ineligibility"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish uniform procedures for the:</text> <paragraph num="A."> <text>Restoration of a driver's license following a period of ineligibility because of epilepsy; and</text> </paragraph> <paragraph num="B."> <text>Establishment of consistent testing criteria for the license restoration process.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Commercial driver's license (CDL)” means a license issued to an individual in accordance with Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, pursuant to the Federal Motor Vehicle Safety Act of 1986 which authorizes the individual to drive a class of commercial motor vehicle.</text> </paragraph> <paragraph num="(3)"> <text>“Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:</text> <paragraph num="(a)"> <text>Has a gross vehicle weight rating (GVWR) of 26,001 or more pounds, inclusive of a towed unit;</text> </paragraph> <paragraph num="(b)"> <text>Has a (GVWR) of 26,001 or more pounds;</text> </paragraph> <paragraph num="(c)"> <text>Is designed to transport 16 or more passengers, including the driver; or</text> </paragraph> <paragraph num="(d)"> <text>Is of any size and is used for the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under federal hazardous materials regulations, 49 CFR Part 172, Subpart F, which is incorporated by reference.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” means the greatest of the following weights for a single vehicle or combination of vehicles value specified by the manufacturer or manufacturers as the maximum gross vehicle weight rating:</text> <paragraph num="(a)"> <text>The value specified by the manufacturer or manufacturers as the maximum gross weight;</text> </paragraph> <paragraph num="(b)"> <text>The registered gross weight; or</text> </paragraph> <paragraph num="(c)"> <text>The actual weight.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Knowledge test” means a written, computer-assisted, or oral test which is administered to an applicant for a Maryland driver's license.</text> </paragraph> <paragraph num="(6)"> <text>“Skills test” means a driving test given to assess an applicant's ability to drive all motor vehicles in a specific class.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Criteria for Restoration of Driver's License."> <paragraph num="A."> <text>Restoration of Noncommercial Driver's License.</text> <paragraph num="(1)"> <text>Class C and Class M Noncommercial Licenses.</text> <paragraph num="(a)"> <text>An individual may apply for a Class C or Class M noncommercial driver's license if the individual:</text> <paragraph num="(i)"> <text>Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and</text> </paragraph> <paragraph num="(ii)"> <text>Is otherwise eligible for the license.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>When an individual's license has been expired for 1 year or more, the Administration shall require the individual to pass the knowledge and skill tests for a Class C or Class M driver's license.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Class A and Class B Noncommercial Driver's Licenses. An individual may apply for a noncommercial Class A or Class B driver's license if the individual:</text> <paragraph num="(a)"> <text>Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and</text> </paragraph> <paragraph num="(b)"> <text>Passes the applicable knowledge test;</text> </paragraph> <paragraph num="(c)"> <text>Obtains a learner's instructional permit for the class of license being sought;</text> </paragraph> <paragraph num="(d)"> <text>Passes the applicable skills test; and</text> </paragraph> <paragraph num="(e)"> <text>Is otherwise eligible for the license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Restoration of Commercial Driver's License. An individual may apply for a commercial driver's license if the individual:</text> <paragraph num="(1)"> <text>Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license;</text> </paragraph> <paragraph num="(2)"> <text>Passes the commercial driver's license knowledge test;</text> </paragraph> <paragraph num="(3)"> <text>Obtains a learner's instructional permit for a commercial driver's license;</text> </paragraph> <paragraph num="(4)"> <text>Passes the commercial driver's license skills test;</text> </paragraph> <paragraph num="(5)"> <text>Is physically qualified in accordance with COMAR 11.21.01; and</text> </paragraph> <paragraph num="(6)"> <text>Is otherwise eligible for the license.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Endorsements and Restrictions."> <paragraph num="A."> <text>The Administration may:</text> <paragraph num="(1)"> <text>Add any endorsements permitted, and for which the qualifications have been met, on a commercial or noncommercial driver's license;</text> </paragraph> <paragraph num="(2)"> <text>Restrict a license issued under this chapter by designating the specific class of commercial or noncommercial license; or</text> </paragraph> <paragraph num="(3)"> <text>Impose any other restriction authorized under Transportation Article, §16-113, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Individuals who have an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle may not drive a commercial motor vehicle in interstate commerce in accordance with 49 CFR §391.41, which is incorporated by reference. In accordance with this requirement, the Administration shall mark any commercial driver's license issued under this chapter “CDL Valid in Intrastate Commerce Only”.</text> </paragraph> <paragraph num="C."> <text>The Administration may not add a hazardous materials endorsement to a commercial driver's license issued under this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)</annotation> <annotation type="History" subtype="Administrative History">Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)</annotation> </annotations> </chapter> <chapter num="05" heading="Use of Bioptic Telescopic Lenses"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Bioptic telescopic lens” means a spectacle-mounted telescopic lens which is a corrective lens and which uses magnification as the main means of obtaining minimal visual acuity.</text> </paragraph> <paragraph num="(3)"> <text>“Carrier lens” means a lens on which a bioptic telescopic lens is mounted.</text> </paragraph> <paragraph num="(4)"> <text>Corrective Lens.</text> <paragraph num="(a)"> <text>“Corrective lens” means a lens which improves a refractive condition in the eye.</text> </paragraph> <paragraph num="(b)"> <text>“Corrective lens” as used in this chapter does not include a bioptic telescopic lens.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Field expander” means a wide-angle lens that makes objects look smaller and further away.</text> </paragraph> <paragraph num="(6)"> <text>“Gross vehicle weight (GVW)” means the greatest of the following weights for a single vehicle or combination of vehicles:</text> <paragraph num="(a)"> <text>The value specified by the manufacturer or manufacturers as the maximum gross weight;</text> </paragraph> <paragraph num="(b)"> <text>The registered gross weight; or</text> </paragraph> <paragraph num="(c)"> <text>The actual operating weight.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Knowledge test” means a written, computer-assisted, or oral test covering the Maryland rules of the road which is administered to an applicant for a Maryland driver's license.</text> </paragraph> <paragraph num="(8)"> <text>“Skills test” means a two-part driving test given to assess an applicant's ability to drive a motor vehicle under the provisions of this chapter, with the test consisting of a:</text> <paragraph num="(a)"> <text>Basic skills test conducted on a driving course; and</text> </paragraph> <paragraph num="(b)"> <text>Road test designed to test the applicant's ability to operate a motor vehicle in traffic conditions.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Minimum Visual Standards."> <paragraph num="A."> <text>An applicant using bioptic telescopic lenses meets the minimum visual standards if the applicant has the visual acuity specified in §§B and C of this regulation.</text> </paragraph> <paragraph num="B."> <text>The applicant shall demonstrate:</text> <paragraph num="(1)"> <text>A visual acuity of at least 20/100 in one or both eyes and a field of 150 degrees horizontal vision with or without corrective lenses; or</text> </paragraph> <paragraph num="(2)"> <text>If the applicant has vision in one eye only, a field of at least 100 degrees horizontal vision.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The applicant shall demonstrate a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Procedures."> <paragraph num="A."> <text>The procedures in §§B and C of this regulation apply to vision tests.</text> </paragraph> <paragraph num="B."> <text>A vision test shall be administered by a licensed optometrist or ophthalmologist.</text> </paragraph> <paragraph num="C."> <text>Statement by Optometrist or Ophthalmologist.</text> <paragraph num="(1)"> <text>A licensed optometrist or ophthalmologist shall submit a statement on a form furnished by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>The statement is not acceptable if the date of the examination is more than 3 months before the date of submission of the statement to the Administration.</text> </paragraph> <paragraph num="(3)"> <text>The statement shall contain:</text> <paragraph num="(a)"> <text>A patient's full name, signature, address, date of birth, and sex;</text> </paragraph> <paragraph num="(b)"> <text>Whether the test results were obtained with or without corrective lenses;</text> </paragraph> <paragraph num="(c)"> <text>Date of the test;</text> </paragraph> <paragraph num="(d)"> <text>Signature and license number of the individual authorized to certify the statement;</text> </paragraph> <paragraph num="(e)"> <text>A statement as to whether the patient has a vision condition which is stable;</text> </paragraph> <paragraph num="(f)"> <text>Recommendations for the:</text> <paragraph num="(i)"> <text>Driving restrictions the ophthalmologist or optometrist wishes the Administration to consider, if any; and</text> </paragraph> <paragraph num="(ii)"> <text>Administration's consideration relating to a vision reexamination on a 6-month or 12-month basis, if any; and</text> </paragraph> </paragraph> <paragraph num="(g)"> <text>A statement as to whether:</text> <paragraph num="(i)"> <text>The patient has been referred to an appropriate physician because of any underlying medical condition,</text> </paragraph> <paragraph num="(ii)"> <text>The patient has been fitted for bioptic telescopic lenses which the patient has had in the patient's possession at least 60 days before the patient's original or renewal application for a Maryland driver's license;</text> </paragraph> <paragraph num="(iii)"> <text>The patient has received instructions at least equal to the suggested instructions as set forth in Regulation .04 of this chapter; and</text> </paragraph> <paragraph num="(iv)"> <text>In the opinion of the optometrist or ophthalmologist, the patient's vision condition would interfere with the safe operation of a vehicle upon the highways.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Additional Requirements."> <paragraph num="A."> <text>An individual who meets the minimum visual acuity standards of this chapter with bioptic telescopic lenses shall pass a skills test examination if the individual has not taken a skills test wearing the individual's bioptic telescopic lenses. Upon renewal, the Administration may waive a skills test reexamination for a bioptic telescopic lens wearer.</text> </paragraph> <paragraph num="B."> <text>Instruction Requirements. Basic instruction requirements for an applicant wearing bioptic telescopic lenses shall ensure that the applicant has demonstrated the ability to:</text> <paragraph num="(1)"> <text>Locate stationary objects within the telescopic field;</text> </paragraph> <paragraph num="(2)"> <text>Locate a moving object in a large field of vision by anticipating future movement and coordinating head and eye movement to locate the moving object within the telescopic field;</text> </paragraph> <paragraph num="(3)"> <text>Remember what has been seen after a brief exposure, with the duration of exposure diminished constantly to simulate short looking time while driving; and</text> </paragraph> <paragraph num="(4)"> <text>Differentiate varying levels of illumination such as daylight, dusk, and nighttime while wearing bioptic telescopic lenses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Medical Advisory Board Referral."> <text>If the statement from the optometrist or ophthalmologist indicates that the applicant's vision loss is a result of a medical condition or the applicant's vision condition is not stable, the applicant shall be referred to the Medical Advisory Board for evaluation.</text> </regulation> <regulation prefix="Regulation" num=".06" heading="Restrictions."> <paragraph num="A."> <text>If an individual applying for an original driver's license cannot meet the minimum visual requirements without the aid of corrective lenses and bioptic telescopic lenses, a license with an appropriate restriction shall be issued.</text> </paragraph> <paragraph num="B."> <text>An individual may qualify only for a noncommercial Class C driver's license valid for a vehicle with a GVW of 10,000 pounds or less if it is necessary for the individual to use bioptic telescopic lenses to meet the minimum visual acuity standards.</text> </paragraph> <paragraph num="C."> <text>A licensee may apply for a vision reexamination for the purpose of removing a vision-related restriction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Renewal."> <paragraph num="A."> <text>Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is not restricted to operation with bioptic telescopic lenses, and the individual cannot meet the minimum visual requirements except with the aid of bioptic telescopic lenses, a renewal license with an appropriate restriction shall be issued if the individual passes the required skills test.</text> </paragraph> <paragraph num="B."> <text>If an individual's visual acuity has diminished to the extent that bioptic telescopic lenses are required to meet the minimum visual acuity, the individual shall convert the individual's Maryland driver's license to the noncommercial Class C driver's license combination, restricted to the operation of vehicles less than 10,000 pounds GVW.</text> </paragraph> <paragraph num="C."> <text>Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is restricted to operation with corrective lenses or bioptic telescopic lenses, and that individual can meet the minimum visual requirements without the use of these lenses, that individual is entitled to file an application to have the restriction removed from the individual's renewal license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Disqualification."> <text>Notwithstanding any of the provisions of these regulations, if the Administration has received notification that an applicant or licensee has been certified legally blind, the certification may provide grounds for refusal to issue an original or renewal driver's license, and any current driver's license or learner's permit may be cancelled.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="Learner's Instructional Permit."> <paragraph num="A."> <text>The Administration shall require an individual who is applying for a learner's instructional permit under the provisions of these regulations to:</text> <paragraph num="(1)"> <text>Submit the statements required by Regulation .03 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Pass a knowledge test; and</text> </paragraph> <paragraph num="(3)"> <text>Pay the applicable fees.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an individual whose license is up for renewal, and who needs bioptic telescopic lenses to meet the minimum vision requirements, fails a skills test, the individual may obtain a learner's card.</text> </paragraph> <paragraph num="C."> <text>If an individual's license is valid at the time application is made for a license restricted to bioptic telescopic lenses, the learner's card shall be issued free of charge.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Driver's License Requirements."> <text>The Administration shall require an individual who is applying for a driver's license restricted to bioptic telescopic lenses under the provisions of this chapter to:</text> <paragraph num="A."> <text>Have a valid license or hold a valid learner's instructional permit; and</text> </paragraph> <paragraph num="B."> <text>Pass the skills test.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 1, 1979</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)</annotation> </annotations> </chapter> <chapter num="06" heading="Identification Cards"> <regulation prefix="Regulation" num=".01" heading="Identification Card."> <paragraph num="A."> <text>Pursuant to Transportation Article, §12-301, Annotated Code of Maryland, a photo identification card shall be issued upon application on a form prescribed by the Motor Vehicle Administration (the Administration) to any resident of Maryland:</text> <paragraph num="(1)"> <text>Who does not possess a valid driver's license or a moped permit;</text> </paragraph> <paragraph num="(2)"> <text>Whose privilege to drive has been refused, canceled, suspended, or revoked; or</text> </paragraph> <paragraph num="(3)"> <text>Who has been issued a temporary license under Transportation Article, §16-205.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The fee for an identification card is as set forth in COMAR 11.11.05.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Not a License — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Surrender — Repealed." /> <regulation prefix="Regulation" num=".04" heading="Minor Application."> <paragraph num="A."> <text>The application for an identification card for a minor under 18 years old shall be cosigned by a parent or a legal guardian of the applicant. If the applicant has no parent or legal guardian, or is married, an adult employer of the applicant or any other responsible adult over 18 years old can cosign.</text> </paragraph> <paragraph num="B."> <text>The individual cosigning the application of a minor shall certify that the statements made in the application are true to the best of the cosigner's knowledge, information, and belief.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Repealed." /> <regulation prefix="Regulation" num=".06" heading="Repealed." /> <regulation prefix="Regulation" num=".07" heading="Duplicate."> <text>A duplicate identification card may be issued to replace one which has been lost, stolen, mutilated, or destroyed if the person applying for a duplicate card furnishes information satisfactory to the Administration of the above circumstances, pays the required fee, and is entitled to a duplicate license.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="Correction."> <paragraph num="A."> <text>Upon receipt from the identification cardholder, on a change request form prescribed by the Administration, the Administration shall issue an attachment card to correct the resident address.</text> </paragraph> <paragraph num="B."> <text>There is no fee for the attachment card.</text> </paragraph> <paragraph num="C."> <text>Upon request by the identification cardholder, on a form prescribed by the Administration, the Administration shall issue a new identification card instead of the attachment card. The applicant shall appear in person and pay a fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="D."> <text>There is no fee for adding or deleting:</text> <paragraph num="(1)"> <text>An organ donor designation to an identification card; or</text> </paragraph> <paragraph num="(2)"> <text>A veteran designation to an identification card.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Fees Not Refundable."> <text>The fees authorized by Transportation Article, §12-301, Annotated Code of Maryland, and this chapter for issuance, duplication, correction, or renewal of the identification cards may not be refunded.</text> </regulation> <regulation prefix="Regulation" num=".10" heading="Waiver of Fee."> <paragraph num="A."> <text>For purposes of this regulation, the word “blind” means:</text> <paragraph num="(1)"> <text>Visual acuity not to exceed 20/200 in the better eye with correcting lenses; or</text> </paragraph> <paragraph num="(2)"> <text>Visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A fee is not required if the applicant for an identification card is exempt under Transportation Article, §12-301(b)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>An application for a waiver of fees pursuant to Transportation Article, §12-301(b)(2)(ii)—(iv), Annotated Code of Maryland, may be required to be accompanied by a:</text> <paragraph num="(1)"> <text>Card issued by a governmental agency or tax exempt organization attesting to the disability; or</text> </paragraph> <paragraph num="(2)"> <text>Signed statement by a licensed physician attesting to the permanent disability, except in a case when a loss of limb is clearly visible.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 30, 1985 (12:26 Md. R. 2546)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)</annotation> <annotation type="History" subtype="Administrative History">Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)</annotation> </annotations> </chapter> <chapter num="07" heading="Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences" reason="Repealed — See COMAR 11.12.09"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: November 18, 1985 (12:23 Md. R. 2221)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 25, 1986 (13:17 Md. R. 1923)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective August 25, 1986 (13:17 Md. R. 1923)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective August 25, 1986 (13:17 Md. R. 1923)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C adopted effective May 18, 1987 (14:10 Md. R. 1171)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective June 20, 1994 (21:12 Md. R. 1061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1 adopted effective January 9, 2000 (26:27 Md. R. 2016)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1342); January 9, 2000 (26:27 Md. R. 2016)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Chapter, Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences, repealed effective March 1, 2008 (35:2 Md. R. 127)</annotation> </annotations> </chapter> <chapter num="08" heading="Reinstatement of Revoked Driver's License or Privileges"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Alcohol incident” means a:</text> <paragraph num="(a)"> <text>Conviction or probation before judgement of a violation of Transportation Article, §21-902(a), (b), or (c), Annotated Code of Maryland, or a conviction or probation before judgement of a violation of a similar law of another jurisdiction;</text> </paragraph> <paragraph num="(b)"> <text>Refusal to submit to a test to determine alcohol concentration in this State or another jurisdiction;</text> </paragraph> <paragraph num="(c)"> <text>Test result indicating an alcohol concentration of 0.08 or more at the time of testing, as provided for in Transportation Article, §16-205.1, Annotated Code of Maryland, or a similar law in another jurisdiction; or</text> </paragraph> <paragraph num="(d)"> <text>Report of specific incidents of drunkenness or crimes resulting from drunkenness, whether or not in a motor vehicle.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Approved alcohol education program” means a program which has been approved by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.</text> </paragraph> <paragraph num="(4)"> <text>“Certified alcohol treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.</text> </paragraph> <paragraph num="(5)"> <text>“Certified substance abuse treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Factors to Consider."> <text>The following factors may be considered by the Motor Vehicle Administration in the review or decision-making process upon receipt of applications for reinstatement:</text> <paragraph num="A."> <text>Complete driving record history. The following apply:</text> <paragraph num="(1)"> <text>In reviewing convictions, offenses, and accidents, the following points shall be considered:</text> <paragraph num="(a)"> <text>Nature and seriousness of offenses;</text> </paragraph> <paragraph num="(b)"> <text>Degree of hazard or other aggravation indicated by court actions;</text> </paragraph> <paragraph num="(c)"> <text>Repetition and frequency of offenses;</text> </paragraph> <paragraph num="(d)"> <text>Accident involvement—the degree of seriousness in terms of fatalities, personal injury to the applicant or others, and property damage.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>After considering the sequence, pattern, nature, and the seriousness of offenses, the Administration shall consider:</text> <paragraph num="(a)"> <text>The number of violations reported in the last 2 or 3 years of driving history;</text> </paragraph> <paragraph num="(b)"> <text>The intervals between violations;</text> </paragraph> <paragraph num="(c)"> <text>The distribution of violations—consistent or sudden problems after a long period of good driving;</text> </paragraph> <paragraph num="(d)"> <text>Repeated involvement in the same type of violation;</text> </paragraph> <paragraph num="(e)"> <text>Possibility of physical or mental deficiencies on the part of the driver which would account for accidents;</text> </paragraph> <paragraph num="(f)"> <text>Indication of alcohol or drug abuse, or lack of physical ability, knowledge, or skill to drive safely which may predict future offenses or accidents, or both.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Information reported from other sources, including:</text> <paragraph num="(1)"> <text>Convictions, dispositions of probation before judgment, and any arrests pending dispositions of the court relating to:</text> <paragraph num="(a)"> <text>Drug use or drug addiction, whether or not involving a motor vehicle,</text> </paragraph> <paragraph num="(b)"> <text>Drunkenness or crimes resulting in drunkenness whether or not in a motor vehicle, or</text> </paragraph> <paragraph num="(c)"> <text>Felonies involving a motor vehicle;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Recommendations for driver reexamination filed by law enforcement because of irrational behavior, apparent physical or mental disability or incompetence, or other reason;</text> </paragraph> <paragraph num="(3)"> <text>Reports or recommendations from probation officers, social workers, drinking driver monitors, or all of these;</text> </paragraph> <paragraph num="(4)"> <text>Reports of violations of license suspensions, revocations, or restrictions in other jurisdictions;</text> </paragraph> <paragraph num="(5)"> <text>Reports or recommendations, or both, from courts, hospitals, health departments, treatment facilities, physicians, psychologists, and counselors or other health care practitioners;</text> </paragraph> <paragraph num="(6)"> <text>Information from the applicant's family, friends, or neighbors concerning the applicant's mental or physical condition;</text> </paragraph> <paragraph num="(7)"> <text>Conviction of defaced, mutilated, altered, or fraudulent licenses;</text> </paragraph> <paragraph num="(8)"> <text>Reports of continued driving during revocation period;</text> </paragraph> <paragraph num="(9)"> <text>Accident investigation reports by law enforcement or insurance companies;</text> </paragraph> <paragraph num="(10)"> <text>Information from present or previous employers, local police departments, local bars, restaurants, drugstores, or other sources;</text> </paragraph> <paragraph num="(11)"> <text>Reports, recommendations, or decisions from administrative law judges employed by the Office of Administrative Hearings.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Internal records, including findings, reports, alcohol assessments, or recommendations, or all of these, from the medical advisory board, or other sources within the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Fees."> <text>The fees for the reinstatement of a revoked driver's license or privilege to drive are as set forth in COMAR 11.11.05.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Alcohol Abuse or Chemical Addiction Treatment Required."> <paragraph num="A."> <text>If an applicant has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, the applicant shall submit with the reinstatement application evidence of current participation in or completion of a certified substance abuse treatment program of at least 90 days.</text> </paragraph> <paragraph num="B."> <text>Regardless of the number of incidents, if, as the result of investigation or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.</text> </paragraph> <paragraph num="C."> <text>An individual applying for reinstatement may be required to undergo review or appear for an interview before the Medical Advisory Board.</text> </paragraph> <paragraph num="D."> <text>As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual’s safe driving of a motor vehicle, including but not limited to, enrollment in the Ignition Interlock Program.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Conditions for Reinstatement."> <text>As conditions for reinstatement, the Administration may require one or more of the following:</text> <paragraph num="A."> <text>Participation or continued participation in a certified substance abuse treatment program for a specified period of time;</text> </paragraph> <paragraph num="B."> <text>Attendance for a specified period of time at self-help group meetings such as Alcoholics Anonymous, Narcotics Anonymous, or other acceptable support groups;</text> </paragraph> <paragraph num="C."> <text>Enrollment in the Drinking Driver Monitor Program of the Division of Parole and Probation, Department of Public Safety and Correctional Services, for a specified period of time and in the manner prescribed by the program's monitor;</text> </paragraph> <paragraph num="D."> <text>Attendance at an approved alcohol education program for the period of time prescribed by the program's director; or</text> </paragraph> <paragraph num="E."> <text>Compliance with any recommendations of the Administration's Medical Advisory Board.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Tests Required Following Reinstatement Approval."> <paragraph num="A."> <text>If an individual applies for reinstatement under Transportation Article, §16-208(b)(2), Annotated Code of Maryland, the Administration may waive the:</text> <paragraph num="(1)"> <text>Driving test; and</text> </paragraph> <paragraph num="(2)"> <text>Knowledge of the law test.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In determining whether to waive the tests under §A of this regulation, the Administrator shall consider whether:</text> <paragraph num="(1)"> <text>The reason for the revocation would require that one or more tests, as appropriate, be administered;</text> </paragraph> <paragraph num="(2)"> <text>The driving record of the applicant would require that one or more tests, as appropriate, be administered;</text> </paragraph> <paragraph num="(3)"> <text>Some other reason, discovered during the reinstatement process, would require that one or more tests, as appropriate, be administered; and</text> </paragraph> <paragraph num="(4)"> <text>A waiver would be contrary to public safety.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If an individual applies for reinstatement under Transportation Article, §16-208(b)(3), (4), or (5), Annotated Code of Maryland, the Administration may not reinstate the individual until the individual:</text> <paragraph num="(1)"> <text>Passes the driving test, vision screening, and knowledge of the law test; and</text> </paragraph> <paragraph num="(2)"> <text>Complies with any other conditions imposed by the Administration as a prerequisite to being reinstated.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 4, 1985 (12:22 Md. R. 2108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)</annotation> <annotation type="History" subtype="Administrative History">Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)</annotation> </annotations> </chapter> <chapter num="09" heading="Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status"> <regulation prefix="Regulation" num=".01" heading="Purpose and Application."> <text>The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, full name, identity, Maryland residence, Social Security number, and lawful status required for the issuance of a Maryland license or identification card as set forth in Ch. 390, Acts of 2009.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Birth certificate” means:</text> <paragraph num="(a)"> <text>An original birth certificate or certified copy of the original birth certificate issued by a state or a territory of the United States; or</text> </paragraph> <paragraph num="(b)"> <text>Record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant's state of birth.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Compliant” means a license or identification card that meets federal REAL ID standards.</text> </paragraph> <paragraph num="(4)"> <text>“Full name” means an applicant's first, middle, and last name or surname, and suffix, if applicable, without the use of titles, initials or nicknames.</text> </paragraph> <paragraph num="(5)"> <text>“Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Lawful status” has the meaning stated in Transportation Article, §11-127.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>License.</text> <paragraph num="(a)"> <text>“License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>“License” includes a:</text> <paragraph num="(i)"> <text>Temporary license;</text> </paragraph> <paragraph num="(ii)"> <text>Learner's instructional permit;</text> </paragraph> <paragraph num="(iii)"> <text>Moped operator's permit;</text> </paragraph> <paragraph num="(iv)"> <text>Provisional license; or</text> </paragraph> <paragraph num="(v)"> <text>Commercial driver's license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Limited Term” means a compliant license or identification card where the term expires at:</text> <paragraph num="(a)"> <text>The expiration date of the applicant’s authorized stay in the United States; or</text> </paragraph> <paragraph num="(b)"> <text>If there is no verifiable expiration date, no longer than 1 year from date of issuance.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Noncompliant” means a license or identification card that does meet federal REAL ID standards and is not acceptable by federal agencies for official purposes.</text> </paragraph> <paragraph num="(10)"> <text>“Nursing home" means either:</text> <paragraph num="(a)"> <text>A comprehensive care facility, as defined in COMAR 10.07.02.01B(6); or</text> </paragraph> <paragraph num="(b)"> <text>An extended care facility, as defined in COMAR 10.07.02.01B(12).</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Renewal” means a license or identification card issued to replace an expiring license or identification card.</text> </paragraph> <paragraph num="(12)"> <text>“Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“SSA” means Social Security Administration.</text> </paragraph> <paragraph num="(14)"> <text>“SSN” means a Social Security number assigned by the Social Security Administration.</text> </paragraph> <paragraph num="(15)"> <text>“SSN non-match” means a Social Security number (SSN) which cannot be verified electronically with the Social Security Administration.</text> </paragraph> <paragraph num="(16)"> <text>“Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.</text> </paragraph> <paragraph num="(17)"> <text>“State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.</text> </paragraph> <paragraph num="(18)"> <text>“Temporary lawful status” has the meaning stated in Transportation Article, §11-165.1, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(19)"> <text>“U.S. DHS” means the United States Department of Homeland Security.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicant's Requirements."> <paragraph num="A."> <text>An applicant requesting a Maryland license or identification card shall provide verifiable documentation acceptable to the Administration. The documentation shall provide proof of:</text> <paragraph num="(1)"> <text>Age, full name, and identity as set forth in Regulation .04B of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Residency as set forth in Regulation .04C of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Valid SSN or the applicant's ineligibility for a SSN as set forth in Regulation .04D and .04E of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>Lawful or temporary lawful status as set forth in Regulation .04F of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The applicant shall:</text> <paragraph num="(1)"> <text>Certify under penalty of perjury that the information provided in the application is true and correct; and</text> </paragraph> <paragraph num="(2)"> <text>Pay any applicable fees set forth in COMAR 11.11.05.03.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Temporary Lawful Status. In accordance with Maryland Vehicle Law, an applicant for a license or identification card with verifiable proof of temporary lawful status in the U.S. may be issued a limited term license or identification card.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Source Documents for Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status or Temporary Lawful Status."> <paragraph num="A."> <text>Except as otherwise provided in this chapter, an applicant for a Maryland license or identification card shall provide as applicable the documents specified in this chapter to the Administration as proof of:</text> <paragraph num="(1)"> <text>Age;</text> </paragraph> <paragraph num="(2)"> <text>Full name;</text> </paragraph> <paragraph num="(3)"> <text>Identity;</text> </paragraph> <paragraph num="(4)"> <text>Maryland residence;</text> </paragraph> <paragraph num="(5)"> <text>SSN or proof of ineligibility for an SSN; and</text> </paragraph> <paragraph num="(6)"> <text>Lawful status.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An applicant, to establish proof of age, full name, and identity, shall submit at least one of the following source documents:</text> <paragraph num="(1)"> <text>Valid, unexpired U.S. passport;</text> </paragraph> <paragraph num="(2)"> <text>Birth certificate as defined in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DOS), Form FS-240, DS-1350, or FS-545;</text> </paragraph> <paragraph num="(4)"> <text>Valid, unexpired Permanent Resident Card, Form I-551, issued by the U.S. DHS;</text> </paragraph> <paragraph num="(5)"> <text>Certificate of Naturalization, form N-550 or N-570 issued by the U.S. DHS;</text> </paragraph> <paragraph num="(6)"> <text>Certificate of Citizenship, Form N-560 or N-561 issued by the U.S. DHS;</text> </paragraph> <paragraph num="(7)"> <text>Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the U.S.;</text> </paragraph> <paragraph num="(8)"> <text>Unexpired employment authorization documents (EAD), Form I-776 or I-688B, issued by the U.S. DHS; or</text> </paragraph> <paragraph num="(9)"> <text>Any other documents designated acceptable by U.S. DHS by notice published in the Federal Register or acceptable to the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Source Documents for Residency. To establish Maryland residency, an applicant for a license or identification card shall submit at least two different source documents reflecting the applicant’s full name and current Maryland residence address. The address on source documents shall match the address on the application. The residency source documents include:</text> <paragraph num="(1)"> <text>Maryland vehicle registration card or title;</text> </paragraph> <paragraph num="(2)"> <text>Communication from a utility, telephone, cable or satellite TV provider regarding an account held by the applicant;</text> </paragraph> <paragraph num="(3)"> <text>Communication from a financial institution, or collection agency regarding an account held or debt owed by the applicant;</text> </paragraph> <paragraph num="(4)"> <text>Insurance card or policy;</text> </paragraph> <paragraph num="(5)"> <text>Property tax bill or receipt;</text> </paragraph> <paragraph num="(6)"> <text>Mortgage account statement, deed, communication from the State Department of Assessments and Taxation, or other proof of home ownership;</text> </paragraph> <paragraph num="(7)"> <text>Residential rental contract, an apartment lease, or other rental of real property;</text> </paragraph> <paragraph num="(8)"> <text>Mail or benefits statement from a federal, state, or local government agency;</text> </paragraph> <paragraph num="(9)"> <text>Copy of federal or Maryland income tax return filing not more than 18 months old, with proof of filing;</text> </paragraph> <paragraph num="(10)"> <text>Installment contract from a bank or other financial institution;</text> </paragraph> <paragraph num="(11)"> <text>Sales tax or business license;</text> </paragraph> <paragraph num="(12)"> <text>Credit card statement;</text> </paragraph> <paragraph num="(13)"> <text>Residential service contract or proof of delivery for services performed at the address of residence;</text> </paragraph> <paragraph num="(14)"> <text>Court order of probation, order of parole, or order of mandatory release;</text> </paragraph> <paragraph num="(15)"> <text>Medical or hospital bill;</text> </paragraph> <paragraph num="(16)"> <text>Voter registration card;</text> </paragraph> <paragraph num="(17)"> <text>Selective Service Card;</text> </paragraph> <paragraph num="(18)"> <text>Communication from a United States (U.S.) college or university regarding an account held by the applicant;</text> </paragraph> <paragraph num="(19)"> <text>U.S. high school report card or U.S. high school transcript;</text> </paragraph> <paragraph num="(20)"> <text>Valid Maryland State-issued professional license; or</text> </paragraph> <paragraph num="(21)"> <text>Other proof of residency acceptable to the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>To establish proof of SSN, an applicant shall submit:</text> <paragraph num="(1)"> <text>Original Social Security card;</text> </paragraph> <paragraph num="(2)"> <text>W-2 form;</text> </paragraph> <paragraph num="(3)"> <text>SSA-1099 form;</text> </paragraph> <paragraph num="(4)"> <text>Non-SSA-1099 form; or</text> </paragraph> <paragraph num="(5)"> <text>Pay stub bearing the applicant's name and SSN.</text> </paragraph> </paragraph> <paragraph num="E."> <text>To establish proof of ineligibility for an SSN, an applicant shall submit:</text> <paragraph num="(1)"> <text>Documentation demonstrating non-work authorized status; or</text> </paragraph> <paragraph num="(2)"> <text>Other proof of ineligibility for an SSN acceptable to the Administration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Proof of Lawful Status.</text> <paragraph num="(1)"> <text>An applicant may use an acceptable document submitted as proof of age, full name, and identity under §B(1)—(8) of this regulation as proof of lawful status; or</text> </paragraph> <paragraph num="(2)"> <text>If an applicant submits one source document for proof of age, full name, and identity under §B(9) of this regulation, the applicant shall submit a second source document listed under §B(1)—(8) of this regulation, or other documentation issued by the U.S. DHS or other federal agencies to establish lawful status.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration to include:</text> <paragraph num="(1)"> <text>Certified copy of a court order pertaining to the name change;</text> </paragraph> <paragraph num="(2)"> <text>Original or certified copy of a marriage certificate;</text> </paragraph> <paragraph num="(3)"> <text>Original or certified copy of a divorce decree; or</text> </paragraph> <paragraph num="(4)"> <text>Original or certified copy of a birth certificate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Source Document Exception Process."> <paragraph num="A."> <text>In accordance with 6 CFR §37.11(h), the Administration has established an exception process for the issuance of a license or identification card to an applicant who is unable to comply with all the source document requirements for proof of identity or residency.</text> </paragraph> <paragraph num="B."> <text>If an applicant is unable to comply with the source document requirements set forth in Regulation .04 of this chapter due to circumstances beyond the applicant's control, the applicant may submit the alternate source documents under §§CE of this regulation.</text> </paragraph> <paragraph num="C."> <text>The Administration may accept the following documents as proof of Maryland residency if submitted by an applicant under the following circumstances:</text> <paragraph num="(1)"> <text>If the applicant is a dependent:</text> <paragraph num="(a)"> <text>Under the age of 21 and resides with the parent or guardian:</text> <paragraph num="(i)"> <text>Written certification of the residence of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration; and</text> </paragraph> <paragraph num="(ii)"> <text>A valid Maryland license or identification card for proof of the parent or guardians identity and Maryland residence address;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Twenty-one and over:</text> <paragraph num="(i)"> <text>Written certification of the residence of the person with whom the applicant resides, signed in the presence of a representative of the Administration;</text> </paragraph> <paragraph num="(ii)"> <text>Documentation to prove the applicant is a dependent of the individual certifying the residency; and</text> </paragraph> <paragraph num="(iii)"> <text>A valid Maryland license or identification card for proof of identity and Maryland residence address of the person with whom the applicant resides;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the applicant is a married individual:</text> <paragraph num="(a)"> <text>A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>A valid Maryland license or identification card for proof of identity and Maryland residence address of the adult spouse with whom the applicant resides;</text> </paragraph> <paragraph num="(c)"> <text>If last names are different, an original or certified copy of their marriage certificate or tax filings;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:</text> <paragraph num="(a)"> <text>The applicant's full name and date of birth;</text> </paragraph> <paragraph num="(b)"> <text>Address of the nursing home;</text> </paragraph> <paragraph num="(c)"> <text>Name and phone number of the contact person at the home; and</text> </paragraph> <paragraph num="(d)"> <text>Signature of the nursing home's manager or representative;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:</text> <paragraph num="(a)"> <text>An Order of Parole;</text> </paragraph> <paragraph num="(b)"> <text>An Order of Mandatory Release; or</text> </paragraph> <paragraph num="(c)"> <text>An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services or Federal Bureau of Prisons;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:</text> <paragraph num="(a)"> <text>A statement that the applicant is homeless;</text> </paragraph> <paragraph num="(b)"> <text>The address of the shelter or service provider;</text> </paragraph> <paragraph num="(c)"> <text>The name and phone number of the contact person; and</text> </paragraph> <paragraph num="(d)"> <text>The signature of the shelter representative or service provider; or</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the applicant is in the care of the Department of Juvenile Service, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:</text> <paragraph num="(1)"> <text>Original or certified U.S. adoption records with name and date of birth; or</text> </paragraph> <paragraph num="(2)"> <text>A United States Passport that has been expired for less than 5 years.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the applicant is 65 years old or older, the Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:</text> <paragraph num="(1)"> <text>An original or certified copy of a military discharge document from the military with the applicant's name and date of birth; or</text> </paragraph> <paragraph num="(2)"> <text>A Social Security Administration Benefits Summary with full name and date of birth included with one of the following:</text> <paragraph num="(a)"> <text>A hospital birth certificate issued by a hospital in the United States and showing the applicants name and date of birth;</text> </paragraph> <paragraph num="(b)"> <text>A baptismal certificate issued within the United States and showing the applicants name and date of birth; or</text> </paragraph> <paragraph num="(c)"> <text>A census record issued by the United States Census Bureau showing the applicants name and date of birth;</text> </paragraph> <paragraph num="(d)"> <text>A Veterans Identification Card issued by the United States Department of Veterans Affairs showing the applicants name; or</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Other documents designated as acceptable by the Administration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:</text> <paragraph num="(1)"> <text>Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;</text> </paragraph> <paragraph num="(2)"> <text>Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and</text> </paragraph> <paragraph num="(3)"> <text>Submits a completed application and includes any applicable fees.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Renewal or Issuance of a Subsequent License or Identification Card."> <paragraph num="A."> <text>This regulation applies to the issuance of a renewal or subsequent license or identification card.</text> </paragraph> <paragraph num="B."> <text>The Administration shall issue an applicant:</text> <paragraph num="(1)"> <text>A compliant or limited term license or identification card as defined under this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>A noncompliant license or noncompliant identification card as provided for under Transportation Article, §16-122, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The requirement to establish proof of age, full name, identity, lawful status, SSN, and Maryland residency may be waived for the holder of an existing Maryland license or identification card, which is valid or has been expired for less than 1 year, under the following conditions:</text> <paragraph num="(1)"> <text>For an applicant seeking a compliant driver’s license or identification card, the applicant’s:</text> <paragraph num="(a)"> <text>Driver’s license or identification card is not a limited term driver’s license or identification card;</text> </paragraph> <paragraph num="(b)"> <text>Proof of age, full name, identity, lawful status, SSN if applicable, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration;</text> </paragraph> <paragraph num="(c)"> <text>SSN is verified through the SSA, if applicable; and</text> </paragraph> <paragraph num="(d)"> <text>Maryland residency address is acceptable to the Administration; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For an applicant seeking a non-compliant driver’s license or identification card, the applicant’s:</text> <paragraph num="(a)"> <text>Driver’s license or identification card is not a limited term driver’s license or identification card;</text> </paragraph> <paragraph num="(b)"> <text>Proof of age, full name, identity, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration; and</text> </paragraph> <paragraph num="(c)"> <text>Maryland residency address is acceptable to the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>An applicant who currently holds a limited term driver's license or identification card, which is valid or has been expired for less than 1 year, applying for a subsequent driver’s license or identification card shall be required to provide:</text> <paragraph num="(1)"> <text>Proof of identity, if not on file;</text> </paragraph> <paragraph num="(2)"> <text>Lawful status; and</text> </paragraph> <paragraph num="(3)"> <text>Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An applicant who currently holds a noncompliant driver's license or noncompliant identification card, which is valid or has been expired for less than one year, applying for a compliant driver’s license or compliant identification card shall be required to provide:</text> <paragraph num="(1)"> <text>Proof of identity, if not on file;</text> </paragraph> <paragraph num="(2)"> <text>Lawful status; and</text> </paragraph> <paragraph num="(3)"> <text>Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="45 Day Temporary License or Identification Card."> <paragraph num="A."> <text>This regulation applies to the renewal or issuance of a license or identification card.</text> </paragraph> <paragraph num="B."> <text>In the event of a SSN non-match with the SSA, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements for a license or identification card, with the exception of the SSN non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>In the event of any other non-match as provided for under Transportation Article, §§16-121(c), and 16-122, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements as set forth in Regulation .03 of this chapter for, a license or identification card but for the non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>In the event an applicant is unable to pass a required vision test, the Administration may issue a 45 day temporary license if at the time of testing:</text> <paragraph num="(1)"> <text>The applicant has a valid un-expired Maryland Driver’s License; and</text> </paragraph> <paragraph num="(2)"> <text>The Administration has reason to believe the applicant is not a safety hazard.</text> </paragraph> </paragraph> <paragraph num="E."> <text>In any other circumstance approved by the Administrator, the Administration may issue a 45 day temporary license or identification card.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Two-Year Temporary License or Identification Card Renewal."> <paragraph num="A."> <text>This regulation applies to a temporary 2-year renewal of a license or identification card.</text> </paragraph> <paragraph num="B."> <text>The Administration may issue a temporary license or identification card in accordance with Transportation Article, §12-301 or 16-115, Annotated Code of Maryland, for a period not to exceed 2 years if the individual:</text> <paragraph num="(1)"> <text>Holds or previously held a valid Maryland license or ID card;</text> </paragraph> <paragraph num="(2)"> <text>Is Real-ID compliant;</text> </paragraph> <paragraph num="(3)"> <text>Has made application to renew the license or ID card;</text> </paragraph> <paragraph num="(4)"> <text>Certifies under penalty of perjury that the information provided in the application is true and correct;</text> </paragraph> <paragraph num="(5)"> <text>Pays the required prorated fee for issuance as set for in COMAR 11.11.05; and</text> </paragraph> <paragraph num="(6)"> <text>Presents one of the following documents:</text> <paragraph num="(a)"> <text>A military ID, orders, or other proof of active duty;</text> </paragraph> <paragraph num="(b)"> <text>An employment card for nonmilitary government;</text> </paragraph> <paragraph num="(c)"> <text>A school transcript, letter of assignment, or other enrollment proof; or</text> </paragraph> <paragraph num="(d)"> <text>A certified statement on the form developed by the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration may not issue a temporary license or ID card if the applicant holds or previously held a:</text> <paragraph num="(1)"> <text>License or ID card that has been expired for more than 1 year; or</text> </paragraph> <paragraph num="(2)"> <text>Temporary lawful status license or ID card.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Exceptions. The requirement under §B(6) of this regulation may be waived for an applicant in the event of the following:</text> <paragraph num="(1)"> <text>An officially declared State of Emergency; or</text> </paragraph> <paragraph num="(2)"> <text>Any other situation if the Administration considers it necessary.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 7, 1987 (14:18 Md. R. 1967)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)</annotation> </annotations> </chapter> <chapter num="10" heading="Drivers' Records" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: October 5, 1987 (14:20 Md. R. 2143)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed effective October 15, 2012 (39:20 Md. R. 1307)</annotation> </annotations> </chapter> <chapter num="11" heading="Unauthorized Additions to Driver's License, Permit, or Photo Identification Card"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="B."> <text>“Donor designation” means the Motor Vehicle Administration's official issued decal designating that a donor certification is on file with the Administration, authorizing legal removal of needed body organs upon death.</text> </paragraph> <paragraph num="C."> <text>“Unauthorized addition” means any bar code, designation, or sticker not duly authorized by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Unauthorized Additions Prohibited."> <paragraph num="A."> <text>A license, permit, or identification card holder may not affix, or have affixed, to the driver's license, permit, or identification card, any unauthorized addition.</text> </paragraph> <paragraph num="B."> <text>Presentation or possession of a driver's license, permit or identification card having an unauthorized addition is in violation of Transportation Article, §16-206(a)(iii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>Donor Designation. Donor designation, as authorized and issued by the Administration, shall be indicated on a driver's license, permit, or identification card.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-206(a)(iii), and 16-301, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 12, 1987 (14:1 Md. R. 32)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C adopted effective May 2, 2011 (38:9 Md. R. 553)</annotation> </annotations> </chapter> <chapter num="12" heading="Social Security Number" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: March 7, 1988 (15:5 Md. R. 622)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.04 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 803)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.04 amended effective September 14, 1992 (19:18 Md. R. 1658)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 23, 2003 (30:12 Md. R. 788)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective March 12, 2018 (45:5 Md. R. 286)</annotation> </annotations> </chapter> <chapter num="13" heading="Point System: Definition of Moving Violation and Assessment of Points"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>“Moving violation” means a conviction of any of the sections of Transportation Article, Title 21, Annotated Code of Maryland, which are listed in Regulation .02 of this chapter. This definition is for the purpose of administering the Transportation Article, §16-402(a)(1), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Assessment of Points."> <paragraph num="A."> <text>One point shall be assessed against an individual convicted of the following sections of the Transportation Article, Annotated Code of Maryland, except that there shall be a three point assessment for any moving violation which contributes to an accident.</text> </paragraph> <paragraph num="B."> <text>Section — Moving Violation.</text> <paragraph num="(1)"> <text>13-919(g) — Operating dump truck vehicle in excess of speed limits</text> </paragraph> <paragraph num="(2)"> <text>21-103 — Willfully disobeying order/direction/summons of officer</text> </paragraph> <paragraph num="(3)"> <text>21-106 — Unsafe operation of emergency vehicle</text> </paragraph> <paragraph num="(4)"> <text>21-201 — Failure to obey instructions of traffic control device</text> </paragraph> <paragraph num="(5)"> <text>21-202(c), (e), (k) — Failure to yield right-of-way</text> </paragraph> <paragraph num="(6)"> <text>21-204 — Failure to obey a flashing traffic signal</text> </paragraph> <paragraph num="(7)"> <text>21-204.1 — Failure to obey a lane direction control signal</text> </paragraph> <paragraph num="(8)"> <text>21-207 — Failure to yield right-of-way to a funeral procession</text> </paragraph> <paragraph num="(9)"> <text>21-301 — Driving across center line/failure to drive on right side of roadway</text> </paragraph> <paragraph num="(10)"> <text>21-302 — Failure to drive on extreme right side of roadway</text> </paragraph> <paragraph num="(11)"> <text>21-303 — Improper passing/failure to permit vehicle to pass</text> </paragraph> <paragraph num="(12)"> <text>21-304 — Passing on the right when not permitted</text> </paragraph> <paragraph num="(13)"> <text>21-305 — Driving to the left of center of road where prohibited</text> </paragraph> <paragraph num="(14)"> <text>21-307 — Driving to the left in a no passing zone</text> </paragraph> <paragraph num="(15)"> <text>21-308 — Failure to drive in a designated direction on one-way roadway</text> </paragraph> <paragraph num="(16)"> <text>21-309 — Failure to drive on roadway in designated lane</text> </paragraph> <paragraph num="(17)"> <text>21-311 — Driving improperly on divided highway</text> </paragraph> <paragraph num="(18)"> <text>21-312 — Unauthorized entering/leaving controlled access highway</text> </paragraph> <paragraph num="(19)"> <text>21-313 — Driving on controlled access highway when prohibited</text> </paragraph> <paragraph num="(20)"> <text>21-401 — Failure to yield right-of-way at intersection</text> </paragraph> <paragraph num="(21)"> <text>21-401.1 — Failure to yield right-of-way at T intersection</text> </paragraph> <paragraph num="(22)"> <text>21-402 — Failure to yield right-of-way when making a left or U-turn</text> </paragraph> <paragraph num="(23)"> <text>21-403 — Failure to stop/yield at intersection/turn on highway</text> </paragraph> <paragraph num="(24)"> <text>21-404 — Failure to stop/yield right-of-way when entering highway</text> </paragraph> <paragraph num="(25)"> <text>21-404.1 — Entering highway from crossover without yielding right-of-way</text> </paragraph> <paragraph num="(26)"> <text>21-405(e)(1) — Failure to make required lane change for stopped emergency vehicle</text> </paragraph> <paragraph num="(27)"> <text>21-405(e)(2) — Failure to slow to reasonable speed while passing stopped emergency vehicle</text> </paragraph> <paragraph num="(28)"> <text>21-502(a)(c) — Failure to stop/pedestrian crossing in crosswalk</text> </paragraph> <paragraph num="(29)"> <text>21-504 — Failure to exercise due care for pedestrian</text> </paragraph> <paragraph num="(30)"> <text>21-508 — Driving through in a safety zone</text> </paragraph> <paragraph num="(31)"> <text>21-601 — Using improper position/method when making a turn</text> </paragraph> <paragraph num="(32)"> <text>21-602 — Making a U-turn on curve/crest of a grade where prohibited</text> </paragraph> <paragraph num="(33)"> <text>21-603 — Start/move vehicle unsafely without giving adequate signal</text> </paragraph> <paragraph num="(34)"> <text>21-604 — Unauthorized turning/slowing/stopping without required signal</text> </paragraph> <paragraph num="(35)"> <text>21-605 — Failure to use hand/arm signal/signal lamp when required</text> </paragraph> <paragraph num="(36)"> <text>21-606 — Improper hand/arm signal to stop/turn/decrease speed</text> </paragraph> <paragraph num="(37)"> <text>21-701 — Failure to stop and proceed safely to railroad grade crossing</text> </paragraph> <paragraph num="(38)"> <text>21-702 — Failure to obey stop sign at railroad grade crossing</text> </paragraph> <paragraph num="(39)"> <text>21-703 — Failure to stop at railroad crossing when carrying passenger/cargo</text> </paragraph> <paragraph num="(40)"> <text>21-704 — Driving/moving heavy equipment vehicles on/across railroad crossing</text> </paragraph> <paragraph num="(41)"> <text>21-705 — Entering/emerging from alley/driveway/building without stopping</text> </paragraph> <paragraph num="(42)"> <text>21-707 — Failure to stop at stop sign/yield at yield sign</text> </paragraph> <paragraph num="(43)"> <text>21-708 — Failure to stop for livestock at livestock crossing</text> </paragraph> <paragraph num="(44)"> <text>21-801 — Exceeding speed limit/failure to reduce speed when required</text> </paragraph> <paragraph num="(45)"> <text>21-801(a) — Driving at a speed not reasonable and prudent</text> </paragraph> <paragraph num="(46)"> <text>21-801.1 — Exceeding maximum speed limit by 19 miles per hour</text> </paragraph> <paragraph num="(47)"> <text>21-802.1 — Exceeding maximum speed limit by 19 miles per hour in a highway work zone</text> </paragraph> <paragraph num="(48)"> <text>21-803.1 — Exceeding maximum speed limit by 19 miles per hour in a school zone</text> </paragraph> <paragraph num="(49)"> <text>21-804 — Driving below minimum posted speed limit</text> </paragraph> <paragraph num="(50)"> <text>21-804(c) — Driving limited speed vehicle on prohibited highway</text> </paragraph> <paragraph num="(51)"> <text>21-805 — Driving without/unauthorized use of slow moving vehicle emblem</text> </paragraph> <paragraph num="(52)"> <text>21-805.1(a) — Driving without/unauthorized use of limited speed vehicle emblem</text> </paragraph> <paragraph num="(53)"> <text>21-806 — Driving school vehicle with passengers in excess of 45 miles per hour</text> </paragraph> <paragraph num="(54)"> <text>21-901.1(b) — Driving motor vehicle in a negligent manner</text> </paragraph> <paragraph num="(55)"> <text>21-903 — Driving motor vehicle on highway while consuming alcoholic beverage</text> </paragraph> <paragraph num="(56)"> <text>21-1101 — Stop/park/leave vehicle unattended without removing key/setting brake</text> </paragraph> <paragraph num="(57)"> <text>21-1102 — Unsafe backing of motor vehicle</text> </paragraph> <paragraph num="(58)"> <text>21-1103 — Driving a motor vehicle on a sidewalk</text> </paragraph> <paragraph num="(59)"> <text>21-1104 — Driving a vehicle with view obstructed/not in control</text> </paragraph> <paragraph num="(60)"> <text>21-1105 — Open/fail to close vehicle door when unsafe</text> </paragraph> <paragraph num="(61)"> <text>21-1106 — Permit/occupy mobile home while being towed on highway</text> </paragraph> <paragraph num="(62)"> <text>21-1108 — Coasting downgrade in neutral with clutch disengaged</text> </paragraph> <paragraph num="(63)"> <text>21-1109 — Following within 500 feet/parking within 300 feet of fire apparatus</text> </paragraph> <paragraph num="(64)"> <text>21-1110 — Driving over unprotected fire hose without consent of fire department</text> </paragraph> <paragraph num="(65)"> <text>21-1117 — Driving in improper manner to cause skidding/spinning wheels/noise</text> </paragraph> <paragraph num="(66)"> <text>21-1118 — Failure to comply with school vehicle regulations</text> </paragraph> <paragraph num="(67)"> <text>21-1119 — Driving/attempting to drive snow emergency route without snow tires/chains</text> </paragraph> <paragraph num="(68)"> <text>21-1120 — Driving a vehicle while wearing headset/earphones/earplugs on/in both ears</text> </paragraph> <paragraph num="(69)"> <text>21-1123 — Driving a vehicle on a highway with unauthorized passengers</text> </paragraph> <paragraph num="(70)"> <text>21-1124 — Use of a wireless communication device while operating a motor vehicle</text> </paragraph> <paragraph num="(71)"> <text>21-1124.1 — Use of a text messaging device while operating a motor vehicle</text> </paragraph> <paragraph num="(72)"> <text>21-1124.2(c)(1) — Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers</text> </paragraph> <paragraph num="(73)"> <text>21-1124.2(c)(2) — Second or subsequent offense of using handheld telephone while licensed with a learner's permit or provisional driver's license</text> </paragraph> <paragraph num="(74)"> <text>21-1124.2(d)(2) — Second or subsequent offense of using handheld telephone while vehicle is in motion</text> </paragraph> <paragraph num="(75)"> <text>21-1125 — Operating a low speed vehicle on unauthorized roadway/highway</text> </paragraph> <paragraph num="(76)"> <text>21-1129 — Driving while operating unauthorized television/video equipment visible to the driver</text> </paragraph> <paragraph num="(77)"> <text>21-1132(d) — Exhibition driving in a special event zone</text> </paragraph> <paragraph num="(78)"> <text>21-1132(e)(1) — Exceeding the maximum speed limit by 1—9 miles per hour in a special event zone</text> </paragraph> <paragraph num="(79)"> <text>21-1132(e)(2) — Driving a motor vehicle in a negligent manner in a special event zone</text> </paragraph> <paragraph num="(80)"> <text>21-1132(e)(5) — Driving in an improper manner to cause skidding/spinning wheels/noise in a special event zone</text> </paragraph> <paragraph num="(81)"> <text>21-1133(a) — Unauthorized vehicle driving in dedicated bus lane</text> </paragraph> <paragraph num="(82)"> <text>21-1209(a)(1) — Failure to exercise due care for a bicycle, EPAMD, or motor scooter</text> </paragraph> <paragraph num="(83)"> <text>21-1209(a)(2) — Failure to provide minimum 3-foot distance when passing a bicycle/EPAMD/motor scooter</text> </paragraph> <paragraph num="(84)"> <text>21-1209(d) — Failure to yield right of way to a bicycle/EPAMD/motor scooter in designated bike lane or shoulder</text> </paragraph> <paragraph num="(85)"> <text>21-1302 — Improper riding/transporting person/articles on motorcycle</text> </paragraph> <paragraph num="(86)"> <text>21-1303 — Improper operation of motorcycle on laned highway</text> </paragraph> <paragraph num="(87)"> <text>21-1303.1(a) — Operating on unauthorized roadway/improper horsepower motorcycle</text> </paragraph> <paragraph num="(88)"> <text>21-1304 — Riding motorcycle while attached to another vehicle</text> </paragraph> <paragraph num="(89)"> <text>21-1404 — Failure to obey sign/signal/order direction at vehicle crossing</text> </paragraph> <paragraph num="(90)"> <text>21-1408 — Making a prohibited turn on vehicular crossing/crossover</text> </paragraph> <paragraph num="(91)"> <text>21-1409 — Failure to maintain posted minimum speed on a vehicular crossing</text> </paragraph> <paragraph num="(92)"> <text>21-1410 — Driving vehicle exceeding height/weight/width on vehicular crossing</text> </paragraph> <paragraph num="(93)"> <text>21-1412 — Violating special provisions while driving through tunnel</text> </paragraph> </paragraph> <paragraph num="C."> <text>Other violations shall be assessed the point value as prescribed in the Transportation Article, Annotated Code of Maryland.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-402, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 6, 1989 (16:2 Md. R. 161)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 596)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective September 16, 1991 (18:18 Md. R. 2007); March 30, 1992 (19:6 Md. R. 675); April 20, 1998 (25:8 Md. R. 596); August 23, 1999 (26:17 Md. R. 1325); June 12, 2000 (27:11 Md. R. 1078); October 1, 2005 (32:18 Md. R. 1520); October 1, 2009 (36:19 Md. R. 1437); October 18, 2010 (37:21 Md. R. 1436); October 19, 2020 (47:21 Md. R. 904); August 21, 2023 (50:16 Md. R. 726)</annotation> </annotations> </chapter> <chapter num="14" heading="Driver Knowledge and Skills Tests"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of these regulations is to establish uniform procedures for the:</text> <paragraph num="A."> <text>Administration of driver's license skills and knowledge tests; and</text> </paragraph> <paragraph num="B."> <text>Establishment of waiver criteria for commercial driver's license skills tests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Air brakes” means any braking system operating fully or partially on the air brake principle.</text> </paragraph> <paragraph num="(3)"> <text>“Alternative test” means a knowledge test that is given orally either by an individual or in which an electronic oral test is presented to the applicant.</text> </paragraph> <paragraph num="(4)"> <text>“Class A combination” means a combination of vehicles with a GVWR of 26,001 or more pounds provided the GCWR of the vehicle or vehicles being towed is in excess of 10,000 pounds.</text> </paragraph> <paragraph num="(5)"> <text>“Class F (tractor)” means a truck tractor or farm truck tractor used for propelling, supporting, or drawing a trailer or semitrailer.</text> </paragraph> <paragraph num="(6)"> <text>“Class G (trailer)” means a freight or nonfreight trailer or semitrailer over 10,000 pounds GVWR designed to be pulled by a Class F (tractor).</text> </paragraph> <paragraph num="(7)"> <text>“Combination vehicle knowledge test” means the test which the Administration has established as a means of testing the knowledge of an applicant for a license which authorizes driving Class A combinations.</text> </paragraph> <paragraph num="(8)"> <text>“Commercial driver's license (CDL)” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>“Commercial motor vehicle (CMV)” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Conviction” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Double/triple trailer endorsement” means a State-issued endorsement which authorizes the licensee to drive combinations of two or more trailers or semitrailers.</text> </paragraph> <paragraph num="(12)"> <text>“Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” have the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“HAZMAT endorsement” and “hazardous materials endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are required to be placarded under Federal Hazardous Materials Regulations, 49 CFR Part 172, Subpart F.</text> </paragraph> <paragraph num="(14)"> <text>“Knowledge test” means a written, electronic, or oral test which is administered to any driver’s license applicant.</text> </paragraph> <paragraph num="(15)"> <text>“Passenger transport endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are intended to transport 16 or more passengers, including the driver.</text> </paragraph> <paragraph num="(16)"> <text>“Passenger transport vehicle” means a vehicle which is designed to transport 16 or more passengers, including the driver.</text> </paragraph> <paragraph num="(17)"> <text>“Physical qualifications” means the physical qualifications specified by:</text> <paragraph num="(a)"> <text>49 CFR §391.11, which is incorporated by reference, for interstate operations;</text> </paragraph> <paragraph num="(b)"> <text>COMAR 11.21.01, for intrastate operations; or</text> </paragraph> <paragraph num="(c)"> <text>COMAR 11.19.05, for school vehicle operations.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Regularly employed” means currently employed, or having been employed, during the preceding 2 years in a job requiring operation of a commercial motor vehicle of the equivalent class.</text> </paragraph> <paragraph num="(19)"> <text>“School vehicle” has the meaning stated in Transportation Article, §11-154, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(20)"> <text>“School vehicle endorsement” means a State-issued endorsement for a license to operate a school vehicle issued under Transportation Article, §16-815, Annotated Code of Maryland, and in accordance with 49 CFR §383.123.</text> </paragraph> <paragraph num="(21)"> <text>“School vehicle knowledge test” means a test that meets the knowledge test requirements of 49 CFR §383.123 for a school vehicle endorsement administered by the Administration to an applicant for a commercial driver's license school vehicle endorsement.</text> </paragraph> <paragraph num="(22)"> <text>“Skills log” means a formal document with a certification page issued by the Administration to certify that a minimum of 40 hours of practice driving beyond the required driver's education course was accomplished by a noncommercial Type I Learner's Instructional Permit holder.</text> </paragraph> <paragraph num="(23)"> <text>“Skills test” means a driving test given to assess an applicant's ability to drive motor vehicles of a specific class.</text> </paragraph> <paragraph num="(24)"> <text>“State” has the meaning stated in Transportation Article, §11-161, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(25)"> <text>“Tank vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(26)"> <text>“Tanker endorsement” means a State-issued endorsement which authorizes the licensee to drive or tow tank vehicles.</text> </paragraph> <paragraph num="(27)"> <text>“Tillerman” means the second (rear) driver for the pivotable rear wheels of an articulated vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application — Repealed." /> <regulation prefix="Regulation" num=".04" heading="Maryland Knowledge Test."> <text>A driver’s license applicant is required to pass the Maryland knowledge test, except a holder of a valid Maryland driver’s license, a holder of Maryland driver’s license that has not been expired for more than 1 year, or a valid out-of-State driver’s license.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Commercial Driver's License Knowledge Tests."> <paragraph num="A."> <text>An applicant for a commercial driver's license is required to pass the commercial driver's license general knowledge test except:</text> <paragraph num="(1)"> <text>A Maryland commercial driver's license renewal applicant;</text> </paragraph> <paragraph num="(2)"> <text>A holder of a valid Maryland commercial driver's license who is applying for another class of commercial driver's license; and</text> </paragraph> <paragraph num="(3)"> <text>An applicant who is transferring a valid commercial driver's license, issued by another state, to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A Class A commercial driver's license applicant is required to pass the commercial driver's license combination vehicle knowledge test, except:</text> <paragraph num="(1)"> <text>A Maryland Class A commercial driver's license renewal applicant; and</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is transferring a valid Class A commercial driver's license, issued by another state, to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant for a double/triple endorsement is required to pass the commercial driver's license double/triple knowledge test, except:</text> <paragraph num="(1)"> <text>A Maryland Class A commercial driver's license renewal applicant with an existing double/triple endorsement; and</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is transferring a valid Class A commercial driver's license with a double/triple endorsement, issued by another state, to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An applicant for a tanker endorsement is required to pass the commercial driver's license tanker knowledge test, except:</text> <paragraph num="(1)"> <text>A Maryland commercial driver's license renewal applicant with an existing tanker endorsement; and</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is transferring a commercial driver's license with a tanker endorsement issued by another state to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Hazardous Materials Endorsement.</text> <paragraph num="(1)"> <text>An applicant for a hazardous materials endorsement is required to pass the hazardous materials knowledge test, except for existing commercial driver's license holders who are applying for a corrected or duplicate commercial driver's license.</text> </paragraph> <paragraph num="(2)"> <text>An applicant for the renewal or transfer of a commercial driver's license with a hazardous materials endorsement is required to pass the hazardous materials knowledge test regardless of the length of time the applicant has had a hazardous materials endorsement.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An applicant for a passenger transport endorsement is required to pass the commercial driver's license passenger transport knowledge test, except:</text> <paragraph num="(1)"> <text>A Maryland commercial driver's license renewal applicant with an existing passenger transport endorsement; and</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is transferring a valid commercial driver's license with a passenger transport endorsement, issued by another state, to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="G."> <text>An applicant who wishes to drive a commercial motor vehicle equipped with air brakes is required to pass the commercial driver's license air brakes knowledge test, except:</text> <paragraph num="(1)"> <text>A Maryland commercial driver's license renewal applicant who has previously passed the test in this section; and</text> </paragraph> <paragraph num="(2)"> <text>An applicant who is transferring a valid commercial driver's license without an air brake restriction, issued by another state, to a Maryland commercial driver's license.</text> </paragraph> </paragraph> <paragraph num="H."> <text>School Vehicle Endorsement.</text> <paragraph num="(1)"> <text>An applicant for a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test.</text> </paragraph> <paragraph num="(2)"> <text>An applicant for the renewal, upgrade, or transfer of a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test regardless of the length of time the applicant has had a school vehicle endorsement, except:</text> <paragraph num="(a)"> <text>An applicant for the renewal or upgrade of a commercial driver's license with a school vehicle endorsement who has previously passed the school vehicle knowledge test; and</text> </paragraph> <paragraph num="(b)"> <text>An applicant renewing a commercial driver's license with a school vehicle endorsement issued before September 30, 2006, provided the applicant passes the school vehicle knowledge test before September 30, 2006.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A school vehicle endorsement held by a commercial driver's licensee who has not passed the school vehicle knowledge test shall be cancelled without further action by the Administration at 12:01 a.m. on September 30, 2006.</text> </paragraph> <paragraph num="(4)"> <text>Cancellation of the school vehicle endorsement does not affect the validity of the commercial driver's license or any other endorsement.</text> </paragraph> <paragraph num="(5)"> <text>All applicants for a commercial driver's license with a school vehicle endorsement shall also meet the requirements for a passenger transport endorsement before the issuance of a school vehicle endorsement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Administration of Commercial Driver's License Knowledge Tests."> <paragraph num="A."> <text>The Administration may offer Maryland commercial driver’s license knowledge tests in written, electronic, or alternative formats.</text> </paragraph> <paragraph num="B."> <text>An applicant also shall be required to demonstrate the ability to read and understand highway signs regulating, warning, and directing traffic in English.</text> </paragraph> <paragraph num="C."> <text>The passing score on all commercial driver's license knowledge tests is 80 percent.</text> </paragraph> <paragraph num="D."> <text>The Administration shall offer the commercial driver’s license hazardous material knowledge test in a written or electronic format only.</text> </paragraph> <paragraph num="E."> <text>An applicant for a school vehicle endorsement, and an applicant surrendering a valid commercial driver's license with a school vehicle endorsement issued by another state, for a Maryland commercial driver's license, shall pass the commercial driver's license knowledge tests for:</text> <paragraph num="(1)"> <text>Passenger transport; and</text> </paragraph> <paragraph num="(2)"> <text>School vehicles.</text> </paragraph> </paragraph> <paragraph num="F."> <text>In addition to taking and passing the commercial driver's knowledge tests, an individual shall take and pass specialized tests to qualify for an endorsement to operate the following types of vehicles:</text> <paragraph num="(1)"> <text>Double or triple trailers;</text> </paragraph> <paragraph num="(2)"> <text>Passenger vehicles;</text> </paragraph> <paragraph num="(3)"> <text>Tank vehicles;</text> </paragraph> <paragraph num="(4)"> <text>Vehicles transporting hazardous materials as defined in 49 CFR §383.5; and</text> </paragraph> <paragraph num="(5)"> <text>School vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Commercial Driver's License Skills Tests."> <paragraph num="A."> <text>The commercial driver's license skills test is a three-part test established by the Administration to certify the driving skills necessary for operation of a commercial motor vehicle. The test consists of a:</text> <paragraph num="(1)"> <text>Pretrip inspection;</text> </paragraph> <paragraph num="(2)"> <text>Basic skills test; and</text> </paragraph> <paragraph num="(3)"> <text>Road test.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A commercial driver's license applicant is required to pass the commercial driver's license skills test in the order specified in §A of this regulation, except:</text> <paragraph num="(1)"> <text>An out-of-State applicant with a valid commercial driver's license who is transferring to a Maryland commercial driver's license of the same class;</text> </paragraph> <paragraph num="(2)"> <text>A Maryland commercial driver's license renewal applicant; and</text> </paragraph> <paragraph num="(3)"> <text>An applicant who qualifies for a waiver of skills test as defined in Regulation .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A skills test applicant shall provide an appropriate vehicle for the skills test purposes.</text> </paragraph> <paragraph num="D."> <text>A skills test applicant shall pay the skills test fee as set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="E."> <text>Failure of the pretrip inspection is considered a failure of a skills test for purposes of the skills retest fee set forth in COMAR 11.11.05.</text> </paragraph> <paragraph num="F."> <text>An appointment is required for the CDL skills test.</text> </paragraph> <paragraph num="G."> <text>An applicant who fails to arrive ready for testing with 15 minutes of the scheduled appointment shall be denied testing and must pay the retest fee set forth in COMAR 11.11.05 before scheduling the next appointment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Waiver of Commercial Driver's License Skills Test."> <paragraph num="A."> <text>The Administration may waive the commercial driver's license skills test for an applicant who is:</text> <paragraph num="(1)"> <text>Renewing a Maryland commercial driver’s license not expired over 1 year;</text> </paragraph> <paragraph num="(2)"> <text>Transferring a valid out-of-State commercial driver's license to a Maryland commercial driver's license; or</text> </paragraph> <paragraph num="(3)"> <text>Converting a noncommercial Class C license or out-of-State equivalent license to a Maryland Class C commercial driver's license without a passenger endorsement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual converting a commercial Class C license or an individual with an out-of-State equivalent license may obtain a commercial Class C driver's license with:</text> <paragraph num="(1)"> <text>No endorsement;</text> </paragraph> <paragraph num="(2)"> <text>A hazardous materials endorsement;</text> </paragraph> <paragraph num="(3)"> <text>A tanker endorsement; or</text> </paragraph> <paragraph num="(4)"> <text>Any combination of §B(1)—(3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The commercial driver's license skills test may be waived if the applicant:</text> <paragraph num="(1)"> <text>Submits a commercial driver's license skills test waiver supplied by the Administration, certifying that during a 2-year period immediately before applying for a commercial driver's license, the applicant has not had;</text> <paragraph num="(a)"> <text>More than one license;</text> </paragraph> <paragraph num="(b)"> <text>A driving privilege or license suspended, revoked, canceled, or disqualified;</text> </paragraph> <paragraph num="(c)"> <text>A conviction for any type of motor vehicle violation of a disqualifying offense contained in Table 1 under 49 CFR §383.51(b);</text> </paragraph> <paragraph num="(d)"> <text>More than one conviction for any type of motor vehicle serious traffic violation contained in Table 2 under 49 CFR §383.51(c);</text> </paragraph> <paragraph num="(e)"> <text>A conviction for a violation of State or local law relating to motor vehicle traffic control, other than parking, arising in connection with any traffic accident; or</text> </paragraph> <paragraph num="(f)"> <text>A record of an accident in which the applicant was at fault; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provides evidence and certifies that the applicant is regularly employed in a job requiring operation of a commercial motor vehicle, and that either the applicant has:</text> <paragraph num="(a)"> <text>Previously taken and passed a skills test given by a state with a classified licensing and testing system, and that the test was behind the wheel in a representative vehicle for that applicant's driver's license classification, or</text> </paragraph> <paragraph num="(b)"> <text>Operated, for at least 2 years immediately preceding application for a commercial driver's license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08-1" heading="Physical Qualifications for New Commercial Driver License Applicants."> <paragraph num="A."> <text>An applicant for a Class A or B learner's instructional permit is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.</text> </paragraph> <paragraph num="B."> <text>An applicant applying to add a hazardous materials endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.</text> </paragraph> <paragraph num="C."> <text>An applicant applying to add a passenger endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate, intrastate, or school vehicle operation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Appropriate Motor Vehicle Commercial Driver's License Skills Tests."> <paragraph num="A."> <text>Each applicant for a commercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.</text> </paragraph> <paragraph num="B."> <text>Class A Commercial Driver's License Skills Test.</text> <paragraph num="(1)"> <text>For a Class A commercial driver's license skills test, the applicant shall provide a Class A combination of vehicles that include a Class F (tractor) and a Class G (trailer).</text> </paragraph> <paragraph num="(2)"> <text>If the applicant provides a combination of vehicles other than a Class F (tractor) and a Class G (trailer), the Administration shall restrict the applicant to combinations of vehicles other than tractor-trailers.</text> </paragraph> <paragraph num="(3)"> <text>If the combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.</text> </paragraph> <paragraph num="(4)"> <text>If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.</text> </paragraph> <paragraph num="(5)"> <text>If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:</text> <paragraph num="(a)"> <text>Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and</text> </paragraph> <paragraph num="(b)"> <text>Have a valid driver's license in the tillerman's possession.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the motor vehicle is not a school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Class B Commercial Driver's License Skills Test. The applicant shall provide a single motor vehicle with a GVWR of 26,001 or more pounds. If the vehicle is not:</text> <paragraph num="(1)"> <text>Equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes;</text> </paragraph> <paragraph num="(2)"> <text>A passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>A school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Class C Commercial Driver's License Skills Test.</text> <paragraph num="(1)"> <text>If a Class C commercial driver's license skills test is required, the applicant shall provide a:</text> <paragraph num="(a)"> <text>Single motor vehicle with a GVWR more than 10,000 pounds and less than 26,001 pounds;</text> </paragraph> <paragraph num="(b)"> <text>Passenger transport vehicle with a GVWR less than 26,001 pounds;</text> </paragraph> <paragraph num="(c)"> <text>School vehicle with a GVWR less than 26,001 pounds; or</text> </paragraph> <paragraph num="(d)"> <text>Combination of vehicles with a GCW in excess of 26,001 pounds with the:</text> <paragraph num="(i)"> <text>Towed unit not in excess of 10,000 pounds, and</text> </paragraph> <paragraph num="(ii)"> <text>Power unit less than 26,001 pounds.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the vehicle or combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.</text> </paragraph> <paragraph num="(3)"> <text>If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Passenger Transport (Bus) Endorsements.</text> <paragraph num="(1)"> <text>For a Class B passenger transport vehicle endorsement, the applicant shall provide a:</text> <paragraph num="(a)"> <text>Passenger transport vehicle with a GVWR of 26,001 or more pounds that is designed to transport 16 or more passengers, including the driver; or</text> </paragraph> <paragraph num="(b)"> <text>Full size Type I school vehicle that is designed to transport 49 or more passengers, including the driver.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a Class C passenger transport vehicle endorsement, the applicant shall provide a passenger transport vehicle with a GVWR not in excess of 26,000 pounds that is designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Noncommercial Driver's License Knowledge Tests."> <text>An applicant for a Maryland noncommercial driver's license shall be administered a noncommercial knowledge test and may be administered additional tests specific to the license class for which applied, except an applicant who is:</text> <paragraph num="A."> <text>Renewing a Maryland noncommercial driver's license; or</text> </paragraph> <paragraph num="B."> <text>Transferring a valid driver's license of equal or higher class, issued by another state, to a Maryland noncommercial license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Administration of Noncommercial Driver’s License Knowledge Tests."> <paragraph num="A."> <text>The Maryland noncommercial driver’s license knowledge tests may be offered in written, electronic, or alternative formats.</text> </paragraph> <paragraph num="B."> <text>The Administration shall set a time limit for an applicant to complete the Maryland noncommercial driver’s license knowledge test.</text> </paragraph> <paragraph num="C."> <text>The passing score on the Maryland knowledge test is 85 percent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Noncommercial Driver's License Skills Tests."> <paragraph num="A."> <text>The noncommercial driver's license skills test shall be established by the Administration to certify the driving skills necessary for operation of a noncommercial motor vehicle.</text> </paragraph> <paragraph num="B."> <text>The noncommercial driver's license skills test shall consist of:</text> <paragraph num="(1)"> <text>Maneuvers performed on a test course;</text> </paragraph> <paragraph num="(2)"> <text>In-traffic driving;</text> </paragraph> <paragraph num="(3)"> <text>Any examination designed to determine driving skills in a simulated or computer-assisted environment; or</text> </paragraph> <paragraph num="(4)"> <text>Any combination of tests described in §B(1), (2), or (3) of this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Before a skills test, a Type I (Initial License Issuance) learner’s permit holder shall submit, to the Administration, in a format determined by the Administration, a completed and signed skills log containing a certification page as described in Regulation .13 of this chapter.</text> </paragraph> <paragraph num="D."> <text>The Administration may require appointment scheduling for skills tests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Skills Log Certification."> <paragraph num="A."> <text>A skills log shall include a certification page providing the learner permit holder's:</text> <paragraph num="(1)"> <text>Name;</text> </paragraph> <paragraph num="(2)"> <text>Permit or soundex number; and</text> </paragraph> <paragraph num="(3)"> <text>Parent, guardian, or mentor's signature as required by Transportation Article, §16-105, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The individual signing the skills log certification shall attest that the permit holder completed a minimum of 60 hours behind-the-wheel practice driving, 10 hours of which shall occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, under the supervision of a licensed driver who is 21 years old or older with at least 3 years driving experience.</text> </paragraph> <paragraph num="C."> <text>After the permit holder meets all requirements and successfully completes the skills test, the Administration shall retain, in the records of the Administration, the skills log certification page as part of the permit holder's license application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Appropriate Motor Vehicle for Noncommercial Skills Tests."> <paragraph num="A."> <text>Each applicant for a noncommercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.</text> </paragraph> <paragraph num="B."> <text>Class A Noncommercial Driver's License Skills Tests.</text> <paragraph num="(1)"> <text>For a Class A noncommercial driver's license skills test, the applicant shall provide a Class A combination of vehicles as follows:</text> <paragraph num="(a)"> <text>A Class F (tractor) and a Class G (trailer); or</text> </paragraph> <paragraph num="(b)"> <text>Other than a Class F (tractor) and a Class G (trailer), the vehicles shall have a GCWR of 26,001 or more pounds, with the towed vehicle and trailer having a GVWR of 10,001 or more pounds.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Administration shall restrict an applicant to:</text> <paragraph num="(a)"> <text>Combinations of vehicles other than tractors and trailers if the combination of vehicles described in §B(1)(b) of this regulation is provided; or</text> </paragraph> <paragraph num="(b)"> <text>Vehicles without air brakes if the combination of vehicles provided is not equipped with air brakes.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:</text> <paragraph num="(a)"> <text>Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and</text> </paragraph> <paragraph num="(b)"> <text>Have a valid driver's license in the tillerman's possession.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Class B Noncommercial Driver's License Skills Tests.</text> <paragraph num="(1)"> <text>For a Class B noncommercial driver's license skills test, the applicant shall provide a:</text> <paragraph num="(a)"> <text>Single, noncommercial motor vehicle with a GVWR of 26,001 or more pounds; or</text> </paragraph> <paragraph num="(b)"> <text>Combination of motor vehicles with a GCWR of 26,001 or more pounds with the towed vehicle not to exceed a GVWR of 10,000 pounds.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the vehicle is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Class C Noncommercial Driver's License Skills Tests. For a Class C noncommercial driver's license skills test, the applicant shall provide an automobile, station wagon, light truck, or any motor vehicle, other than a motorcycle, with a GVWR less than 26,001 pounds.</text> </paragraph> <paragraph num="E."> <text>Class M Noncommercial Driver's License Skills Tests.</text> <paragraph num="(1)"> <text>For a Class M noncommercial driver's license skills test, the applicant shall provide a motorcycle.</text> </paragraph> <paragraph num="(2)"> <text>The Administration shall restrict the applicant to:</text> <paragraph num="(a)"> <text>A motorcycle with a sidecar if provided by the applicant; or</text> </paragraph> <paragraph num="(b)"> <text>A three-wheeled motorcycle if provided by the applicant.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 25, 1989 (16:25 Md. R. 2713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005</annotation> <annotation type="History" subtype="Administrative History">Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005</annotation> <annotation type="History" subtype="Administrative History">Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)</annotation> <annotation type="History" subtype="Administrative History">Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)</annotation> </annotations> </chapter> <chapter num="15" heading="Under 21 Alcohol Restriction"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In these regulations, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Application."> <paragraph num="A."> <text>A licensee under 21 years old may not drive or attempt to drive a motor vehicle with an alcohol concentration of 0.02 or more as determined by an analysis of the licensee's blood or breath.</text> </paragraph> <paragraph num="B."> <text>The prohibition of §A applies to all licensees under 21 years old regardless of whether the restriction has been noted on the licensee's license or driving record.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Notation on Licenses."> <paragraph num="A."> <text>Licenses issued after July 1, 1989, by the Administration to licensees under 21 years old shall contain the notation “Under 21 Alcohol Restricted”.</text> </paragraph> <paragraph num="B."> <text>Pursuant to Chapter 438, §2, 1989 Laws of Maryland, the Administration is not required to recall or reissue the driver's licenses of licensees under 21 years old for the purpose of noting on the license “Under 21 Alcohol Restricted”, until the regular expiration of the person's current driver's license.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Expiration."> <text>The under 21 alcohol restriction imposed in Regulation .02A expires when the licensee becomes 21 years old, regardless of any notations applied on the license under Regulation .03.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 23, 1990 (17:14 Md. R. 1759)</annotation> </annotations> </chapter> <chapter num="16" heading="Corrected Driver's License"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to define certain changes that do not constitute license corrections pursuant to Transportation Article, §16-114.1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions — Repealed." /> <regulation prefix="Regulation" num=".03" heading="Exceptions."> <text>The following circumstances do not constitute a license correction:</text> <paragraph num="A."> <text>A change of name or address on Administration records for which a correction card attachment, not a license, is issued; or</text> </paragraph> <paragraph num="B."> <text>The addition or deletion of:</text> <paragraph num="(1)"> <text>An organ donor designation;</text> </paragraph> <paragraph num="(2)"> <text>A veteran designation;</text> </paragraph> <paragraph num="(3)"> <text>Any other restriction imposed on a licensee other than those restrictions cited in Regulation .02B(2)(f) of this chapter;</text> </paragraph> <paragraph num="(4)"> <text>A special hearing or speech impairment designation.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-302, 16-111.1, 16-114.1, and 16-818, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 13, 1999 (26:25 Md. R. 1899)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective April 10, 2016 (43:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective October 12, 1992 (19:20 Md. R. 1816)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 30, 2018 (45:15 Md. R. 727)</annotation> </annotations> </chapter> <chapter num="17" heading="Provisional Driver's License" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: February 3, 1992 (19:2 Md. R. 155)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed effective July 30, 2018 (45:15 Md. R. 727)</annotation> </annotations> </chapter> <chapter num="18" heading="Disposition and Records of Traffic Citations: Citation Accountability"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Chief executive officer” means the sheriff, superintendent of police, commissioner of police, police chief, deputy or assistant chief of police, or an individual having an equivalent title who is appointed or employed by a government agency to exercise equivalent supervisory authority.</text> </paragraph> <paragraph num="(3)"> <text>“Designee” means a supervisory police officer.</text> </paragraph> <paragraph num="(4)"> <text>“Disposition of traffic citation” means a traffic citation that has been accounted for by:</text> <paragraph num="(a)"> <text>Trial;</text> </paragraph> <paragraph num="(b)"> <text>Dismissal of the charges or other official action by a judge of the court;</text> </paragraph> <paragraph num="(c)"> <text>Forfeiture of the collateral (if authorized by the court);</text> </paragraph> <paragraph num="(d)"> <text>Payment of a fine;</text> </paragraph> <paragraph num="(e)"> <text>Nolle pros;</text> </paragraph> <paragraph num="(f)"> <text>Stet;</text> </paragraph> <paragraph num="(g)"> <text>Voided; or</text> </paragraph> <paragraph num="(h)"> <text>Police report.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Inventory withdrawal form” means a requisition form issued by the Administration that authorizes the release of traffic citations to a law enforcement agency.</text> </paragraph> <paragraph num="(6)"> <text>“Law enforcement agency” means:</text> <paragraph num="(a)"> <text>A governmental police force or law enforcement agency of the State, county, or municipality which has by statute, ordinance, or common law, the authority for enforcing the general traffic laws of this State;</text> </paragraph> <paragraph num="(b)"> <text>The Investigative Division of the Administration, which has the authority to issue citations as specified in Transportation Article, §12-104.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>“Outstanding traffic citation” means a traffic citation that has not been issued by a police officer or accounted for by the court.</text> </paragraph> <paragraph num="(8)"> <text>“Police officer” means an individual who has the authority to write traffic citations in this State.</text> </paragraph> <paragraph num="(9)"> <text>“Police report” means a report, submitted to the Administration by a law enforcement agency, which explains why the citations cannot be located.</text> </paragraph> <paragraph num="(10)"> <text>“Traffic citation” means a Maryland Uniform Complaint and Citation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Inventory Withdrawal."> <paragraph num="A."> <text>The Administration shall provide inventory withdrawal forms to law enforcement agencies for use in obtaining traffic citation books from the Administration.</text> </paragraph> <paragraph num="B."> <text>Law enforcement agencies shall acknowledge receipt of traffic citation books on the inventory withdrawal form by returning the Administration's copy to the Administration immediately.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Law Enforcement Agency Distribution."> <paragraph num="A."> <text>Traffic citation books may be issued to police officers as determined appropriate by the chief executive officer or the chief executive officer's designee.</text> </paragraph> <paragraph num="B."> <text>A traffic citation book may not be reassigned to another police officer or another law enforcement agency without the prior authorization of the Administration.</text> </paragraph> <paragraph num="C."> <text>Police officers shall complete the traffic citations as instructed by the District Court.</text> </paragraph> <paragraph num="D."> <text>The law enforcement agency shall dispose of each copy of the five-part traffic citation in the manner required by the District Court.</text> </paragraph> <paragraph num="E."> <text>Police officers may not lend, borrow, or share traffic citations.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Records."> <paragraph num="A."> <text>The law enforcement agency shall keep its copy of every citation, or a record of every citation, for at least 3 years after issuance.</text> </paragraph> <paragraph num="B."> <text>The chief executive officer or the chief executive officer's designee shall submit a police report on official letterhead advising the Administration within 5 days of a lost, stolen, mutilated, or destroyed traffic citation.</text> </paragraph> <paragraph num="C."> <text>The Administration shall make periodic requests to law enforcement agencies for the disposition of all outstanding traffic citations.</text> </paragraph> <paragraph num="D."> <text>Upon request by the Administration, the chief executive officer or designee of each law enforcement agency shall account for the disposition of traffic citations in a format and within the time required by the Administration.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: September 28, 1992 (19:19 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)</annotation> </annotations> </chapter> <chapter num="19" heading="Issuance of Temporary Driver Licenses Valid in Maryland Only"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter establishes procedures for the issuance of a 90-day temporary driver's license, valid in Maryland only, as defined in Transportation Article, §16-113(e), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Initial violation” means the originating action or charge that led to the suspension or revocation.</text> </paragraph> <paragraph num="(3)"> <text>“Jurisdiction” has the meaning stated in Transportation Article, §12-401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Revoked” means to terminate, by formal action, an individual's license or privilege to drive a motor vehicle.</text> </paragraph> <paragraph num="(5)"> <text>“Suspended” means to withdraw temporarily, by formal action, an individual's license or privilege to drive a motor vehicle.</text> </paragraph> <paragraph num="(6)"> <text>“Temporary driver's license” means a temporary license issued to an eligible individual for a period not to exceed 90 days that allows the individual to operate a motor vehicle in Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <paragraph num="A."> <text>The Administration may issue a temporary driver's license, which is valid only in Maryland, for a period not to exceed 90 days if the individual:</text> <paragraph num="(1)"> <text>Is suspended or revoked in another jurisdiction;</text> </paragraph> <paragraph num="(2)"> <text>Previously held a valid Maryland driver's license;</text> </paragraph> <paragraph num="(3)"> <text>Has made application:</text> <paragraph num="(a)"> <text>To renew the valid Maryland driver's license,</text> </paragraph> <paragraph num="(b)"> <text>For a duplicate or corrected driver's license,</text> </paragraph> <paragraph num="(c)"> <text>For a driver's license after approval for reinstatement of a revoked Maryland driver's license, or</text> </paragraph> <paragraph num="(d)"> <text>For a replacement driver's license after withdrawal of a suspension against the Maryland driver's license;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Is revoked or suspended in another jurisdiction as a result of failing to comply with its licensing requirements, but would not have been suspended or revoked in this State for a comparable violation;</text> </paragraph> <paragraph num="(5)"> <text>Did not receive the initial violation that led to the suspension or revocation within the preceding 5 years;</text> </paragraph> <paragraph num="(6)"> <text>Is otherwise qualified to be licensed in Maryland; and</text> </paragraph> <paragraph num="(7)"> <text>Has the opportunity to satisfy all requirements of the initial violation and receive clearance from the jurisdiction in question within the 90-day temporary license period.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may not issue a temporary driver's license which is valid in Maryland if the:</text> <paragraph num="(1)"> <text>Individual is suspended or revoked in more than one jurisdiction;</text> </paragraph> <paragraph num="(2)"> <text>Individual holds a commercial driver's license, unless the license is downgraded to a noncommercial license;</text> </paragraph> <paragraph num="(3)"> <text>Initial violation that led to the suspension or revocation occurred less than 5 years before the date of application for the temporary driver's license;</text> </paragraph> <paragraph num="(4)"> <text>Initial violation that led to the revocation or suspension resulted from any offense that involved a fatality;</text> </paragraph> <paragraph num="(5)"> <text>Initial violation that led to the revocation or suspension resulted from an offense or charges involving the use of alcohol or drugs;</text> </paragraph> <paragraph num="(6)"> <text>Clearance requirement of the other jurisdiction cannot be met within the 90-day temporary license period;</text> </paragraph> <paragraph num="(7)"> <text>Applicant's privilege to drive is cancelled, refused, or disqualified in another jurisdiction;</text> </paragraph> <paragraph num="(8)"> <text>Individual is suspended, revoked, cancelled, refused, or disqualified in Maryland; or</text> </paragraph> <paragraph num="(9)"> <text>Applicant is not otherwise qualified to be licensed in Maryland.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-113(e), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 16, 2001 (28:7 Md. R. 692)</annotation> </annotations> </chapter> <chapter num="20" heading="Emergency Vehicle — Requirements for Certain License Exemptions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish the training and testing requirements to qualify emergency vehicle drivers of Maryland fire department, rescue squad, emergency medical services unit or volunteer fire company emergency vehicles that are exempt from certain driver licensing requirements as authorized under Transportation Article §16-102(a)(12), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Emergency vehicle” means a commercial motor vehicle that is:</text> <paragraph num="(a)"> <text>Owned or operated by a Maryland fire and rescue organization;</text> </paragraph> <paragraph num="(b)"> <text>Authorized and used for emergency or rescue purposes; and</text> </paragraph> <paragraph num="(c)"> <text>Exempt from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Emergency vehicle operator” is a member or employee of a Maryland fire and rescue organization that is authorized to operate an emergency vehicle in the performance of official duties.</text> </paragraph> <paragraph num="(4)"> <text>“Emergency vehicle operator card” means a card:</text> <paragraph num="(a)"> <text>Approved by the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Issued by the designated officer having jurisdiction for the Maryland fire and rescue organization; and</text> </paragraph> <paragraph num="(c)"> <text>Certifying that an individual:</text> <paragraph num="(i)"> <text>Has successfully completed an approved emergency vehicle operator training course; and</text> </paragraph> <paragraph num="(ii)"> <text>Is qualified to operate an emergency vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Emergency vehicle operator course” means an emergency vehicle training and testing course approved by the Maryland Fire and Rescue Education and Training Commission to train, test, and qualify individuals as emergency vehicle operators.</text> </paragraph> <paragraph num="(6)"> <text>“Fire and rescue organization” means a Maryland fire department, rescue squad, emergency medical services unit, or volunteer fire company that is authorized to operate emergency vehicles for fire and rescue purposes.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Emergency Vehicle Operator."> <paragraph num="A."> <text>To qualify for an emergency vehicle operator card and an exemption from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, an emergency vehicle operator shall:</text> <paragraph num="(1)"> <text>Possess a valid Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction;</text> </paragraph> <paragraph num="(2)"> <text>Possess a certification of the successful completion of an approved emergency vehicle operator course; and</text> </paragraph> <paragraph num="(3)"> <text>Obtain authorization from a designated officer having jurisdiction for the Maryland fire and rescue organization to operate an emergency vehicle in the performance of official duties.</text> </paragraph> </paragraph> <paragraph num="B."> <text>For 1- year period beginning October 1, 2003, an emergency vehicle operator is eligible to receive an emergency vehicle operator card without complying with the requirements of §A(2) of this regulation if the emergency vehicle operator possesses a valid:</text> <paragraph num="(1)"> <text>Maryland Class A or B driver's license; or</text> </paragraph> <paragraph num="(2)"> <text>Equivalent driver's license from another jurisdiction that authorizes the operation of an emergency vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>When operating an emergency vehicle, an emergency vehicle operator exempt under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, shall possess a valid:</text> <paragraph num="(1)"> <text>Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction; and</text> </paragraph> <paragraph num="(2)"> <text>Emergency vehicle operator card.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An emergency vehicle operator authorized by a designated officer having jurisdiction for the Maryland fire and rescue organization may operate an emergency vehicle in the performance of official duties if the emergency vehicle operator possesses a valid:</text> <paragraph num="(1)"> <text>Maryland Class A or B driver's license; or</text> </paragraph> <paragraph num="(2)"> <text>Equivalent driver's license from another jurisdiction.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Emergency Vehicle Operator Training Course."> <text>The designated officer of an approved emergency vehicle operator training course shall:</text> <paragraph num="A."> <text>Issue a written certification to individuals who successfully complete an approved emergency vehicle operator training course; and</text> </paragraph> <paragraph num="B."> <text>Maintain records of all individuals who successfully complete an approved emergency vehicle operator's training course.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Requirements of Emergency Fire and Rescue Organization."> <text>The designated officer having jurisdiction for the Maryland fire and rescue organization that operates emergency vehicles under that organization's jurisdiction shall:</text> <paragraph num="A."> <text>Issue emergency vehicle operator cards to individuals qualified to operate emergency vehicles under Regulation .03 of this chapter; and</text> </paragraph> <paragraph num="B."> <text>Maintain the records of:</text> <paragraph num="(1)"> <text>All emergency vehicle operators authorized to operate vehicles under the organization's jurisdiction; and</text> </paragraph> <paragraph num="(2)"> <text>The types of emergency vehicle they are authorized to drive.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Penalties for Noncompliance."> <text>Failure to comply with this chapter is a misdemeanor under the Transportation Article, §16-102, Annotated Code of Maryland.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 10, 2003 (30:22 Md. R. 1583)</annotation> </annotations> </chapter> <chapter num="21" heading="Proof of Age, Name, Identity, and Residency for Federally Noncompliant Driver Licenses and Identification Cards"> <regulation prefix="Regulation" num=".01" heading="Purpose and Application."> <text>The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, name, identity, and Maryland residence for the issuance of a federally noncompliant Maryland license or identification card as set forth in Ch. 309, Acts of 2013.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Comptroller” means the Comptroller of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Individual taxpayer identification number (ITIN)” means a tax processing number issued by the Internal Revenue Service.</text> </paragraph> <paragraph num="(5)"> <text>License.</text> <paragraph num="(a)"> <text>“License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>“License” includes a:</text> <paragraph num="(i)"> <text>Learner's instructional permit;</text> </paragraph> <paragraph num="(ii)"> <text>Moped operator's permit;</text> </paragraph> <paragraph num="(iii)"> <text>Provisional license; or</text> </paragraph> <paragraph num="(iv)"> <text>Commercial driver's license.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Name” has the meaning stated in Transportation Article, §11-137, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Noncompliant” means a license or identification card not acceptable by federal agencies for official purposes.</text> </paragraph> <paragraph num="(8)"> <text>“Renewal” means a license or identification card issued to replace an expiring license or identification card.</text> </paragraph> <paragraph num="(9)"> <text>“Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“SSN” means Social Security number issued by the Social Security Administration.</text> </paragraph> <paragraph num="(11)"> <text>“Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.</text> </paragraph> <paragraph num="(12)"> <text>“State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicant's Requirements."> <paragraph num="A."> <text>An applicant requesting a noncompliant Maryland license or noncompliant Maryland identification card shall provide documentation acceptable to the Administration as specified in this chapter. The documentation shall provide proof of:</text> <paragraph num="(1)"> <text>Age, name, and identity as set forth in Regulation .04A of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Residency as set forth in Regulation .04B of this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Maryland income tax filings for the preceding 2 years certified by the Comptroller.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The applicant shall:</text> <paragraph num="(1)"> <text>Certify under penalty of perjury that the information provided in the application is true and correct; and</text> </paragraph> <paragraph num="(2)"> <text>Pay any applicable fees set forth in COMAR 11.11.05.03.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Source Documents for Proof of Age, Name, Identity, and Residence."> <paragraph num="A."> <text>An applicant, to establish proof of age, name, and identity, shall submit a valid, unexpired passport or a valid unexpired consular ID document, meeting the issuance standards established by the Administration.</text> </paragraph> <paragraph num="B."> <text>If an applicant is unable to provide the documentation required by §A, the applicant shall submit two of the following, accompanied by an English translation, one of which shall contain a photo not more than 8 years old;</text> <paragraph num="(1)"> <text>Foreign (non-U.S.) drivers’ license;</text> </paragraph> <paragraph num="(2)"> <text>Original or certified copy foreign (non-U.S.) civil birth certificate;</text> </paragraph> <paragraph num="(3)"> <text>National identification card or national voter card displaying applicant’s photo, name, date of birth;</text> </paragraph> <paragraph num="(4)"> <text>State license;</text> </paragraph> <paragraph num="(5)"> <text>State identification card;</text> </paragraph> <paragraph num="(6)"> <text>US military dependent identification card;</text> </paragraph> <paragraph num="(7)"> <text>US military identification card;</text> </paragraph> <paragraph num="(8)"> <text>Certified State school record, on a form provided by the Administration, not more than 12 months old:</text> </paragraph> <paragraph num="(9)"> <text>I-766 Employment Authorization Document; or</text> </paragraph> <paragraph num="(10)"> <text>Any other documents adopted as acceptable by the Administration through written approval.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Source Documents for Residency.</text> <paragraph num="(1)"> <text>To establish Maryland residency, an applicant for a non-compliant license or identification card shall submit at least two source documents. The address on source documents shall match the address on the application and may not be from the same business, company, or agency. The residency source documents include:</text> <paragraph num="(a)"> <text>Maryland vehicle registration card or title;</text> </paragraph> <paragraph num="(b)"> <text>Utility, telephone, or cable or satellite TV bill;</text> </paragraph> <paragraph num="(c)"> <text>Checking or savings account statement;</text> </paragraph> <paragraph num="(d)"> <text>Life insurance card or policy over 3 years old;</text> </paragraph> <paragraph num="(e)"> <text>Property tax bill or receipt;</text> </paragraph> <paragraph num="(f)"> <text>Mortgage account or proof of home ownership;</text> </paragraph> <paragraph num="(g)"> <text>Residential rental contract, an apartment lease, or other rental of real property;</text> </paragraph> <paragraph num="(h)"> <text>First class mail from a federal, state, or local government agency to include the contents and envelope, excluding mail from the Administration;</text> </paragraph> <paragraph num="(i)"> <text>Installment contract from a bank or other financial institution;</text> </paragraph> <paragraph num="(j)"> <text>Sales tax or business license;</text> </paragraph> <paragraph num="(k)"> <text>Major credit card bill;</text> </paragraph> <paragraph num="(l)"> <text>Residential service contract for services performed at the address of residence, for example, cable or satellite television service, TV repairs, lawn service, or exterminator contract;</text> </paragraph> <paragraph num="(m)"> <text>Court order of probation, order of parole, or order of mandatory release;</text> </paragraph> <paragraph num="(n)"> <text>Cancelled check with imprinted name and address; or</text> </paragraph> <paragraph num="(o)"> <text>Selective Service Card.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A post office box number may only be used if in conjunction with the applicant's address and in the same zip code area. The use of a private mail drop is not permitted.</text> </paragraph> </paragraph> <paragraph num="D."> <text>To establish proof of Maryland income tax filings for the preceding 2 tax years, the applicant shall submit a certified letter from the Comptroller reflecting the applicant’s ITIN or SSN.</text> </paragraph> <paragraph num="E."> <text>Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration, accompanied by an English translation, to include:</text> <paragraph num="(1)"> <text>Certified copy of a court order pertaining to the name change;</text> </paragraph> <paragraph num="(2)"> <text>Original or certified copy of a marriage certificate;</text> </paragraph> <paragraph num="(3)"> <text>Original or certified copy of a divorce decree; or</text> </paragraph> <paragraph num="(4)"> <text>Original or certified copy of a birth certificate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Exception Process."> <paragraph num="A."> <text>If an applicant is unable to comply with the Maryland residency source document requirements set forth in Regulation .04C of this chapter due to circumstances beyond the applicant’s control, the applicant may submit the following alternate source documents under the following circumstances:</text> <paragraph num="(1)"> <text>If the applicant is a dependent:</text> <paragraph num="(a)"> <text>The signature on the application of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Documentation of the relationship between the applicant and parent or guardian;</text> </paragraph> <paragraph num="(c)"> <text>Documentation to prove the applicant is a dependent of the parent or guardian, if the applicant is 18 years of age or older; and</text> </paragraph> <paragraph num="(d)"> <text>Acceptable proof of the parent or guardian's identity and Maryland residence address.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the applicant is a married individual:</text> <paragraph num="(a)"> <text>A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>An original or certified copy of their marriage certificate;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:</text> <paragraph num="(a)"> <text>The applicant's name and date of birth;</text> </paragraph> <paragraph num="(b)"> <text>Address of the nursing home;</text> </paragraph> <paragraph num="(c)"> <text>Name and phone number of the contact person at the home; and</text> </paragraph> <paragraph num="(d)"> <text>Signature of the nursing home's manager or representative;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:</text> <paragraph num="(a)"> <text>An Order of Parole;</text> </paragraph> <paragraph num="(b)"> <text>An Order of Mandatory Release; or</text> </paragraph> <paragraph num="(c)"> <text>An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:</text> <paragraph num="(a)"> <text>A statement that the applicant is homeless;</text> </paragraph> <paragraph num="(b)"> <text>The address of the shelter or service provider;</text> </paragraph> <paragraph num="(c)"> <text>The name and phone number of the contact person; and</text> </paragraph> <paragraph num="(d)"> <text>The signature of the shelter representative or service provider; or</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>If the applicant is in the care of the Department of Juvenile Services, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:</text> <paragraph num="(1)"> <text>Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;</text> </paragraph> <paragraph num="(2)"> <text>Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and</text> </paragraph> <paragraph num="(3)"> <text>Submits a completed application and includes any applicable fees.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 2014 (40:25 Md. R. 2070)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)</annotation> </annotations> </chapter> </subtitle> <subtitle num="18" heading="Motor Vehicle Administration — Financial Responsibility Requirements"> <chapter num="01" heading="Insurance Requirements"> <regulation prefix="Regulation" num=".01" heading="Financial Responsibility Insurance Requirements under Titles 17 and 18 of Transportation Article, Annotated Code of Maryland."> <paragraph num="A."> <text>Evidence of required security as provided for in Transportation Article, §17-103, shall be provided before the registration of a vehicle in this State.</text> </paragraph> <paragraph num="B."> <text>The application for registration shall be on a form provided by the Administration and shall include the name of the insurance company, the name of the authorized agent, if any, the policy or binder number, and any other information that may be deemed necessary by the Administration.</text> </paragraph> <paragraph num="C."> <text>If the applicant for registration is approved as a self-insurer as provided for in Transportation Article, §17-103(a)(2), the self-insurer's name and certificate number shall be indicated on the application for registration.</text> </paragraph> <paragraph num="D."> <text>If the required security terminates during the registration period, the vehicle owner shall provide the Administration with the name of the insurance company replacing the terminated coverage, the name of the authorized agent, if any, the policy or binder number, and the effective date of the policy.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Minimum Amount of Security."> <text>A motor vehicle, trailer, or semitrailer that is rented or leased within the State shall provide, by the terms of its insurance policy, at least the minimum amount of security required under Transportation Article, §17-103, Annotated Code of Maryland, irrespective of the fact that the motor vehicle rented or leased may be registered or titled in a state or jurisdiction other than Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Requirements for Renting or Leasing Vehicles."> <paragraph num="A."> <text>A person in the business of renting or leasing motor vehicles, trailers, or semitrailers shall file with the Financial Responsibility Division of the Administration, for each vehicle rented or leased, a copy of the liability insurance policy or proof of Maryland self-insurance certification required under Transportation Article, Titles 17 and 18, Annotated Code of Maryland, and a copy of the standard rental or lease agreement upon demand. The insurance policy or self-insurer shall provide primary coverage to the owner, the lessee, and each person driving or using the motor vehicle, trailer, or semitrailer with permission of the owner or lessee, notwithstanding any provisions of the rental or lease agreement to the contrary. The owner of the motor vehicle, trailer, or semitrailer which is to be rented or leased for a period exceeding 180 days may satisfy the owner's obligation to provide security by requiring the lessee to procure the security.</text> </paragraph> <paragraph num="B."> <text>The owner of a motor vehicle, trailer, or semitrailer which is to be rented or leased for commercial use may satisfy the owner's obligation to provide security by requiring the lessee to procure the security, provided the lessor has in place, on file and approved by the Administration, one of the following in the event of default of the lessee to maintain primary coverage:</text> <paragraph num="(1)"> <text>Contingent liability coverage, including uninsured motorist coverage in the same amounts as provided by the lessee in the primary coverage;</text> </paragraph> <paragraph num="(2)"> <text>Approved Maryland self-insurance certification; or</text> </paragraph> <paragraph num="(3)"> <text>A surety bond on file with the Administration in the minimum amount of $500,000, including uninsured motorist coverage in the same amounts as provided by the lessee in the primary coverage.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 17-103, and 18-102, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 27, 1975 (2:3 Md. R. 153)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted effective January 23, 1981 (8:2 Md. R. 115)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective November 26, 1990 (17:23 Md. R. 2733)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.05 adopted effective November 4, 1977 (4:23 Md. R. 1735)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective December 9, 1991 (18:24 Md. R. 2645)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective November 26, 1990 (17:23 Md. R. 2733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended and recodified to Regulation .03 effective November 26, 1990 (17:23 Md. R. 2733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2645)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective December 9, 1991 (18:24 Md. R. 2645)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective November 26, 1990 (17:23 Md. R. 2733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective December 14, 1979 (6:25 Md. R. 1983)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 recodified to Regulation .04 effective November 26, 1990 (17:23 Md. R. 2733)</annotation> </annotations> </chapter> <chapter num="02" heading="Self-Insurers"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations are designed to govern all self-insurers in the State, except the federal government and the State government unless otherwise provided.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Class A self-insurer” means:</text> <paragraph num="(a)"> <text>A person or business, except taxicab operations, leasing or rental companies, and governmental entities; or</text> </paragraph> <paragraph num="(b)"> <text>An interstate trucking company in whose name less than 26 vehicles are registered as owner or lessee in this State, but which has a fleet of 26 or more registered vehicles.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Class B self-insurer” means a Maryland taxicab company.</text> </paragraph> <paragraph num="(4)"> <text>“Class C self-insurer” means:</text> <paragraph num="(a)"> <text>A public utility;</text> </paragraph> <paragraph num="(b)"> <text>A quasigovernmental agency, including a public entity as defined in Article 48A, §482B(a), Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(c)"> <text>A local government.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Class D self-insurer” means a person in the business of leasing or renting vehicles.</text> </paragraph> <paragraph num="(6)"> <text>“Temporary substitute vehicle” means a vehicle acquired to temporarily replace a vehicle which is out of service.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Conditions for Certification as a Self-Insurer."> <paragraph num="A."> <text>An applicant for certification as a self-insurer shall:</text> <paragraph num="(1)"> <text>Provide the same benefits required by Transportation Article, Title 17, Annotated Code of Maryland, and by a political subdivision, regulatory agency, or commission which regulates the self-insurer;</text> </paragraph> <paragraph num="(2)"> <text>File an application for Maryland self-insurance annually accompanied by:</text> <paragraph num="(a)"> <text>A nonrefundable actuarial fee as set forth in COMAR 11.11.05;</text> </paragraph> <paragraph num="(b)"> <text>A security of a type and amount acceptable to the Administration;</text> </paragraph> <paragraph num="(c)"> <text>A listing of vehicles that includes for each vehicle the:</text> <paragraph num="(i)"> <text>Make;</text> </paragraph> <paragraph num="(ii)"> <text>Model;</text> </paragraph> <paragraph num="(iii)"> <text>Year;</text> </paragraph> <paragraph num="(iv)"> <text>Vehicle identification number;</text> </paragraph> <paragraph num="(v)"> <text>Tag number; and</text> </paragraph> <paragraph num="(vi)"> <text>Title number; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Reviewed financial statements for the past 3 years prepared by a certified public accountant;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Own or lease 26 or more vehicles directly or by an association approved by the Administration;</text> </paragraph> <paragraph num="(4)"> <text>Open its books and records to the Administration for audit and inspection as requested during normal business hours;</text> </paragraph> <paragraph num="(5)"> <text>Notify the Administration within 30 days of any material changes in management or of substantial financial changes having a negative effect on the applicant's net worth;</text> </paragraph> <paragraph num="(6)"> <text>Comply with applicable fair claim settlement practice regulations as set forth by the Maryland Insurance Administration in COMAR 31.15.07.03;</text> </paragraph> <paragraph num="(7)"> <text>Comply with all applicable rules and regulations as set forth by the Public Service Commission or the local jurisdiction;</text> </paragraph> <paragraph num="(8)"> <text>Upon demand, furnish to the Administration an audit of claims and reserves prepared in accordance with generally accepted accounting practices by an independent auditing firm or by the Administration at the expense of the Administration;</text> </paragraph> <paragraph num="(9)"> <text>Notify the Administration within 21 days of any transfer of a vehicle being transferred in or out of the self-insurance program; and</text> </paragraph> <paragraph num="(10)"> <text>File with the Administration, on forms approved by the Administration, accurate information on the permit holder, vehicle owner, and association to which they belong for each vehicle in the self-insurance program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A replacement or newly acquired vehicle, as those terms are defined in the industry, or a temporary substitute vehicle as defined in Regulation .02 of this chapter, shall automatically be covered under the self-insurance agreement.</text> </paragraph> <paragraph num="C."> <text>Each self-insurance certification expires annually on January 31.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Security Requirements for Self-Insurers."> <paragraph num="A."> <text>The Administration may require a deposit of:</text> <paragraph num="(1)"> <text>Money;</text> </paragraph> <paragraph num="(2)"> <text>An irrevocable letter of credit;</text> </paragraph> <paragraph num="(3)"> <text>Other securities as may be appropriate; or</text> </paragraph> <paragraph num="(4)"> <text>A surety bond, in a form and amount determined by the Administration as sufficient, to provide protection to the public.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An irrevocable letter of credit or a surety bond filed with the Administration shall include a provision that the Administration will receive notice of cancellation at least 30 days before the cancellation date.</text> </paragraph> <paragraph num="C."> <text>Money, Securities, or Surety Bond.</text> <paragraph num="(1)"> <text>A deposit of money or securities may be used by the Administrator for outstanding unpaid final judgments against the named self-insured, within statutory limits.</text> </paragraph> <paragraph num="(2)"> <text>A deposit of money, securities, or a surety bond may be released only if the Administration is satisfied that all claims have been satisfied and that the applicable statutes of limitation have expired.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The minimum security for self-insurance certification required for each class of self-insurer is, for:</text> <paragraph num="(1)"> <text>Class A, security in the amount of $250,000;</text> </paragraph> <paragraph num="(2)"> <text>Class B, a dedicated claim reserve fund with a minimum balance of $250,000 and irrevocable letters of credit for $100,000 increased each year for 5 years, as shown below:</text> </paragraph> <paragraph num="(3)"> <text>Class C, a letter of guarantee that any valid claims will be paid, signed by the chief executive and chief financial officers, or, in the case of a local government, the top elected official and the comptroller; and</text> </paragraph> <paragraph num="(4)"> <text>Class D, acceptable security in the amount of:</text> <paragraph num="(a)"> <text>$500,000; or</text> </paragraph> <paragraph num="(b)"> <text>$250,000, with an excess or reinsurance policy acceptable to the Administration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>The letters of credit required in §D(2) of this regulation shall:</text> <paragraph num="(1)"> <text>Be issued January 1 of each year,</text> </paragraph> <paragraph num="(2)"> <text>Be received by January 1 of each year,</text> </paragraph> <paragraph num="(3)"> <text>Be payable on demand to the Motor Vehicle Administration upon presentation of a final judgment against the named self-insured, within statutory limits, that remains unsatisfied, and</text> </paragraph> <paragraph num="(4)"> <text>Remain in effect for a period of 3 years after termination of self-insured status to cover claims that may be filed within the statutes of limitation, unless superseded by a bond or other evidence of financial security satisfactory to the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Grounds for Denial, Suspension, or Revocation."> <text>The self-insurance certificate of any self-insured may be suspended, cancelled, denied, or not renewed, after reasonable notice and opportunity to be heard, for the following reasons:</text> <paragraph num="A."> <text>Failing to maintain:</text> <paragraph num="(1)"> <text>The security or bond required by the Administration,</text> </paragraph> <paragraph num="(2)"> <text>The dedicated claim reserve fund as established in Regulation .04 of this chapter,</text> </paragraph> <paragraph num="(3)"> <text>An adequate dollar reserve fund for open claims, or</text> </paragraph> <paragraph num="(4)"> <text>The information as set forth in the application and sworn to by the applicants;</text> </paragraph> </paragraph> <paragraph num="B."> <text>Committing an unfair claim settlement practice as set forth in COMAR 31.15.07.03, when relevant and applicable as determined by the Administration;</text> </paragraph> <paragraph num="C."> <text>Failing to:</text> <paragraph num="(1)"> <text>Make claim files available for inspection by authorized Administration personnel under Regulation .03A(4) of this chapter,</text> </paragraph> <paragraph num="(2)"> <text>Release information regarding open or closed claims to an authorized representative of the Administration,</text> </paragraph> <paragraph num="(3)"> <text>Respond to claimants and adjust claims in a timely manner, consistent with general automobile insurance industry standards,</text> </paragraph> <paragraph num="(4)"> <text>Cooperate in an audit or investigation conducted by Administration personnel during an audit of the self-insured's records or financial status, or</text> </paragraph> <paragraph num="(5)"> <text>Maintain proper proportional registration when applicable;</text> </paragraph> </paragraph> <paragraph num="D."> <text>A determination by the Administration that the self-insured is financially insolvent or that the appropriate security levels have decreased to the point that the Administration determines there may be a diminishing level of protection afforded;</text> </paragraph> <paragraph num="E."> <text>Knowingly allowing anyone to operate or to attempt to operate, or failing to take adequate precautions to reasonably limit access to operate, a vehicle insured under a self-insurance program in an unlawful manner or by a person not qualified to do so under the laws of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Appeals and Hearings."> <paragraph num="A."> <text>Appeals of decisions related to the self-insurance program shall be submitted in writing to the Self-Insurance Program Manager, by registered or certified mail.</text> </paragraph> <paragraph num="B."> <text>A hearing on a contested decision of the Self-Insurance Program Manager shall be conducted in accordance with the procedures in COMAR 11.11.02.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Notifications and Filings."> <paragraph num="A."> <text>Correspondence, notifications, and inquiries pertaining to this chapter shall be addressed to the Manager, Self-Insurance Program, Maryland Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, MD 21062.</text> </paragraph> <paragraph num="B."> <text>Notifications regarding security expirations, cancellations, or terminations shall be sent by certified mail, and shall contain the name and certificate number of the self-insured.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Self-Insurance Card."> <paragraph num="A."> <text>For the purposes of this regulation, self-insurers include:</text> <paragraph num="(1)"> <text>The State Government;</text> </paragraph> <paragraph num="(2)"> <text>Class A self-insurers;</text> </paragraph> <paragraph num="(3)"> <text>Class B self-insurers;</text> </paragraph> <paragraph num="(4)"> <text>Class C self-insurers; and</text> </paragraph> <paragraph num="(5)"> <text>Class D self-insurers.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Upon approval in the program, or a change in the self-insurer’s third-party administrator or third party-adjuster, each self-insurer shall provide the Administration the self-insurer’s third-party administrator’s or third-party adjuster’s:</text> <paragraph num="(1)"> <text>Name;</text> </paragraph> <paragraph num="(2)"> <text>Address; and</text> </paragraph> <paragraph num="(3)"> <text>Telephone number.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Administration shall provide to self-insurers, in a format determined by the Administration, self-insurance certification for each vehicle upon:</text> <paragraph num="(1)"> <text>Initial registration into the program;</text> </paragraph> <paragraph num="(2)"> <text>Renewal; and</text> </paragraph> <paragraph num="(3)"> <text>Additions to the self-insurer’s vehicle fleet.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The self-insurer’s insurance card shall include the self-insurer’s:</text> <paragraph num="(1)"> <text>Name;</text> </paragraph> <paragraph num="(2)"> <text>Address;</text> </paragraph> <paragraph num="(3)"> <text>Certificate number;</text> </paragraph> <paragraph num="(4)"> <text>Self-insurer’s third-party administrator’s or third-party adjuster’s:</text> <paragraph num="(a)"> <text>Name;</text> </paragraph> <paragraph num="(b)"> <text>Address;</text> </paragraph> <paragraph num="(c)"> <text>Telephone number;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Vehicle identification number; and</text> </paragraph> <paragraph num="(6)"> <text>Any other relevant information.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Each self-insurer shall maintain, in each self-insured vehicle:</text> <paragraph num="(1)"> <text>A self-insurance card; or</text> </paragraph> <paragraph num="(2)"> <text>Evidence of self-insurance containing the information required by §D of this regulation, in a format approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Each self-insurer shall have a 60-day grace period for newly acquired vehicles or vehicles for which there has been a change of self-insurer, allowing time for the Administration to provide the self-insurance card. During that time, for proof of self-insurance, the self-insurers shall maintain a copy of the self-insurer’s certificate in the vehicle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 1, 1973</annotation> <annotation type="History" subtype="Administrative History">Amended effective July 21, 1976 (3:15 Md. R. 792)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)</annotation> </annotations> </chapter> <chapter num="03" heading="Adjustment of Uninsured Motorist Penalty Fee for Lapse of Insurance"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>This chapter establishes guidelines for determining when a penalty assessed under Transportation Article, §17-106(e), Annotated Code of Maryland, may be adjusted.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Adjustment of Penalty Assessment."> <text>The penalty may be adjusted in the following situations, upon presentation of:</text> <paragraph num="A."> <text>Written verification from a licensed insurance company that the insurance company has erred;</text> </paragraph> <paragraph num="B."> <text>Written verification from a licensed insurance company that the vehicle was insured during the entire period in question;</text> </paragraph> <paragraph num="C."> <text>A certified statement and evidence acceptable to the Administration from the vehicle owner that the vehicle:</text> <paragraph num="(1)"> <text>Was not operated during the period of lapse;</text> </paragraph> <paragraph num="(2)"> <text>Was not involved in an accident or collision during the period of lapse;</text> </paragraph> <paragraph num="(3)"> <text>Was not issued a citation during the period of lapse; and</text> </paragraph> <paragraph num="(4)"> <text>Had no prior insurance lapse; or</text> </paragraph> </paragraph> <paragraph num="D."> <text>Written verification from the Maryland Insurance Administration that the vehicle owner, with good intent to be insured, paid the proper premiums to an insurance agent, insurance broker, or insurance company, who failed to provide motor vehicle liability insurance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Condition of Acceptance."> <text>Prior to an adjustment under Regulation .02 of this chapter, the Administration shall review all information submitted and may conduct an investigation to verify its accuracy.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 17-106(e), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 7, 1989 (16:15 Md. R. 1651)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2756); June 18, 2007 (34:12 Md. R. 1067)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02F amended effective November 13, 2000 (27:22 Md. R. 2061)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 18, 2007 (34:12 Md. R. 1067)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 18, 2007 (34:12 Md. R. 1067)</annotation> </annotations> </chapter> <chapter num="04" heading="Reporting Requirements for Lapse or Termination of Required Security"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations apply to mandatory electronic reporting of policies of security and the mandatory electronic Online Insurance Verification (OLV) program operated by the Administration for the purpose of verifying insurance policies in real time.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Fleet policy” has the meaning as stated in Transportation Article, §17-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Insurance companies” or “insurer” means licensed Maryland providers of required security as defined in Transportation Article, §17-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Online Insurance Verification (OLV)” means a program operated by the Administration for the purpose of verifying insurance policies in real time.</text> </paragraph> <paragraph num="(5)"> <text>“Policy” or “Policies” means a vehicle policy or binder for required security as defined by Transportation Article, §17-101(d), Annotated Code of Maryland, issued by an insurer or other provider of required security.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Reporting Guidelines."> <paragraph num="A."> <text>Required Reporting. Insurance companies shall report on at least a weekly basis and according to the timeline determined by the Administration, all active policies in an electronic format determined by the Administration.</text> </paragraph> <paragraph num="B."> <text>Except for fleet policies as provided in §C of this regulation, notifications of all policies, shall include:</text> <paragraph num="(1)"> <text>The name of the insured;</text> </paragraph> <paragraph num="(2)"> <text>The Maryland driver's license number of the insured or FEIN if the insured is a business;</text> </paragraph> <paragraph num="(3)"> <text>The make of the vehicle;</text> </paragraph> <paragraph num="(4)"> <text>The model year of the vehicle;</text> </paragraph> <paragraph num="(5)"> <text>The vehicle identification number (VIN);</text> </paragraph> <paragraph num="(6)"> <text>The current policy number; and</text> </paragraph> <paragraph num="(7)"> <text>The effective date of the policy.</text> </paragraph> </paragraph> <paragraph num="C."> <text>For fleet policies, reporting shall include:</text> <paragraph num="(1)"> <text>Company additions and deletions; and</text> </paragraph> <paragraph num="(2)"> <text>Policy number changes.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Rejected Notifications.</text> <paragraph num="(1)"> <text>The Administration shall reject notifications of all active policies which do not include all of the items specified in §B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>The insurer shall resubmit notifications rejected under the provisions of §D(1) of this regulation to the Administration by the date of the next regular file submission.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The insurer shall provide, at each occurrence when the required security will terminate or be canceled, timely notification to the insured of the penalties that may be imposed by the Administration in accordance with Transportation Article, §17-106, Annotated Code of Maryland, for their failure to return evidence of registration when the required security has ended and is not replaced. The notice shall include the following statements:</text> <paragraph num="(1)"> <text>“The registration plates must be returned to the Motor Vehicle Administration on or before the date the insurance policy expires or is canceled”; and</text> </paragraph> <paragraph num="(2)"> <text>“Failure to return the registration plates may result in an uninsured motorist penalty fine which is assessed at a rate of $200 for the first 30 days and is increased by $7 each day thereafter until the insurance is replaced or the registration plates are returned. The uninsured motorist penalty fine is assessed per vehicle.”</text> </paragraph> </paragraph> <paragraph num="F."> <text>Insurance companies shall report, maintain, and update contact information, in a format required by the Administration, for the purpose of establishing and maintaining a database containing the proper address for providing notice to an insurer under Transportation Article §21–10A–04, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Online Insurance Verification Participation and Program Requirements."> <paragraph num="A."> <text>Required Participation. All insurance companies shall:</text> <paragraph num="(1)"> <text>Participate in the Administration’s OLV program; and</text> </paragraph> <paragraph num="(2)"> <text>Support a program where the Administration can electronically access the book of business of insured vehicles at any time.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Program Requirements. The OLV Program will consist of the following:</text> <paragraph num="(1)"> <text>The Administration will electronically send an inquiry to an insurance company in real time which will include information required by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>Insurance companies shall use the data provided by the Administration to determine the policy status on the verification date and return an electronic response, automatically, in real time to the Administration in an electronic format determined by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>The response from the insurance company shall be used to validate or remove the existing policy in the records of the Administration.</text> </paragraph> <paragraph num="(4)"> <text>The Administration will determine the status of a reported insurance policy at intervals determined by the Administration.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 9, 1995 (22:20 Md. R. 1545)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective March 17, 2025 (52:5 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective March 17, 2025 (52:5 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1323); March 17, 2025 (52:5 Md. R. 237)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective March 17, 2025 (52:5 Md. R. 237)</annotation> </annotations> </chapter> </subtitle> <subtitle num="19" heading="Motor Vehicle Administration — School Vehicles"> <chapter num="01" heading="Definitions Applicable to Type I and Type II School Vehicles"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Average actual gross vehicle weight” means the sum of the average chassis weight, plus average body weight, plus 150 pounds for the driver's weight, plus the total seated pupil weight, based on 120 pounds per pupil.</text> </paragraph> <paragraph num="(3)"> <text>“Body-on-chassis type” means a vehicle constructed by mounting a vehicle body on a truck or other specific designed chassis.</text> </paragraph> <paragraph num="(4)"> <text>“Gross axle weight rating (GAWR)” means the value specified by the vehicle manufacturer as the load carrying capacity of a single axle system measured at the tire ground interfaces.</text> </paragraph> <paragraph num="(5)"> <text>“Gross vehicle weight rating (GAWR)” means the value specified by the manufacturer as the loaded weight of a single vehicle.</text> </paragraph> <paragraph num="(6)"> <text>“Integral bus type” means a vehicle manufactured as an integral unit and not constructed as a separate body and chassis.</text> </paragraph> <paragraph num="(7)"> <text>“Nonflexible exhaust pipe” means a solid exhaust pipe or a bendable ripple exhaust pipe with welded seams.</text> </paragraph> <paragraph num="(8)"> <text>“Recommended chassis manufacturer's rated gross vehicle weight” means the weight assigned to the complete vehicle.</text> </paragraph> <paragraph num="(9)"> <text>“Residential special education vehicles” means school vehicles that transport pupils who live on campus.</text> </paragraph> <paragraph num="(10)"> <text>“School vehicle alternately flashing signal lamps” are:</text> <paragraph num="(a)"> <text>Amber signal lamps mounted horizontally in the front and rear of the school vehicle which are intended to identify a vehicle as a school vehicle and to inform other highway users that the vehicle is about to stop on the highway to board or discharge school children;</text> </paragraph> <paragraph num="(b)"> <text>Red signal lamps mounted horizontally in the front and rear of the school vehicle which are intended to identify a vehicle as a school vehicle and to inform other highway users that the vehicle is stopped on the highway to board or discharge school children.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Type I School Vehicle.</text> <paragraph num="(a)"> <text>“Type I school vehicle” means a school vehicle that:</text> <paragraph num="(i)"> <text>Is designed and constructed to carry passengers;</text> </paragraph> <paragraph num="(ii)"> <text>Is either of the body-on-chassis type construction or integral type construction; and</text> </paragraph> <paragraph num="(iii)"> <text>Has a GVW of more than 15,000 pounds and provides a minimum of 13 inches of seating space per passenger.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Type I school vehicle” does not include any vehicle operated by a common carrier under the jurisdiction of a state, regional, or federal regulatory agency or operated by the agency itself.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Type II school vehicle” means a school vehicle that:</text> <paragraph num="(a)"> <text>Is designed and constructed to carry passengers;</text> </paragraph> <paragraph num="(b)"> <text>Is either of the body-on-chassis type construction or integral type construction; and</text> </paragraph> <paragraph num="(c)"> <text>Has a GVW of 15,000 pounds or less and provides a minimum of 13 inches of seating space per passenger.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 17, 1981 (8:8 Md. R. 722)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 3, 1985 (12:11 Md. R. 1050)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.09 repealed and new Regulation .01 adopted effective</annotation> <annotation type="History" subtype="Administrative History">June 1, 1987 (14:11 Md. R. 1260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 27, 1988 (15:13 Md. R. 1557); December 15, 1997 (24:25 Md. R. 1719); April 2, 2001 (28:06 Md. R. 621)</annotation> </annotations> </chapter> <chapter num="02" heading="Type I School Vehicles — Construction Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter is intended to provide minimum standards for the design, construction, and equipment of Type I school vehicles manufactured for sale in Maryland. These regulations are intended to enhance 49 CFR standards. When CFR standards supersede Maryland standards, CFR standards are to be used to construct Maryland-certified school vehicles.</text> </regulation> <regulation prefix="Regulation" num=".01-1" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>49 CFR §393.65 All fuel systems, as amended.</text> </paragraph> <paragraph num="(2)"> <text>49 CFR §393.67 Liquid fuel tanks, as amended.</text> </paragraph> <paragraph num="(3)"> <text>49 CFR §393.77 Heaters, as amended.</text> </paragraph> <paragraph num="(4)"> <text>49 CFR §571.101 Controls and displays, as amended.</text> </paragraph> <paragraph num="(5)"> <text>49 CFR §571.102 Transmission shift position sequence, starter interlock, and transmission braking effect, as amended.</text> </paragraph> <paragraph num="(6)"> <text>49 CFR §571.103 Windshield defrosting and defogging systems, as amended.</text> </paragraph> <paragraph num="(7)"> <text>49 CFR §571.104 Windshield wiping and washing systems, as amended.</text> </paragraph> <paragraph num="(8)"> <text>49 CFR §571.105 Hydraulic and electric brake systems, as amended.</text> </paragraph> <paragraph num="(9)"> <text>49 CFR §571.108 Lamps, reflective devices, and associated equipment, as amended.</text> </paragraph> <paragraph num="(10)"> <text>49 CFR §571.111 Rearview mirrors, as amended.</text> </paragraph> <paragraph num="(11)"> <text>49 CFR §571.114 Theft protection and rollaway prevention, as amended.</text> </paragraph> <paragraph num="(12)"> <text>49 CFR §571.116 Motor vehicle brake fluids, as amended.</text> </paragraph> <paragraph num="(13)"> <text>49 CFR §571.119 New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles, as amended.</text> </paragraph> <paragraph num="(14)"> <text>49 CFR §571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity 49 CFR information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), as amended.</text> </paragraph> <paragraph num="(15)"> <text>49 CFR §571.131 School bus pedestrian safety devices, as amended.</text> </paragraph> <paragraph num="(16)"> <text>49 CFR §571.205 Glazing materials, as amended.</text> </paragraph> <paragraph num="(17)"> <text>49 CFR §571.208 Occupant crash protection, as amended.</text> </paragraph> <paragraph num="(18)"> <text>49 CFR §571.209 Seat belt assemblies, as amended.</text> </paragraph> <paragraph num="(19)"> <text>49 CFR §571.210 Seat belt assembly anchorages, as amended.</text> </paragraph> <paragraph num="(20)"> <text>49 CFR §571.121 Air brake systems, as amended.</text> </paragraph> <paragraph num="(21)"> <text>49 CFR §571.217 Bus emergency exits and window retention and release, as amended.</text> </paragraph> <paragraph num="(22)"> <text>49 CFR §571.220 School bus rollover protection, as amended.</text> </paragraph> <paragraph num="(23)"> <text>49 CFR §571.221 School bus body joint strength, as amended.</text> </paragraph> <paragraph num="(24)"> <text>49 CFR §571.222 School bus passenger seating and crash protection, as amended.</text> </paragraph> <paragraph num="(25)"> <text>49 CFR §571.301 Fuel system integrity, as amended.</text> </paragraph> <paragraph num="(26)"> <text>49 CFR §571.302 Flammability of interior materials, as amended. Repeal effective January 1, 2014 pursuant to Chapter 453, Acts of 2011.</text> </paragraph> <paragraph num="(27)"> <text>49 CFR §571.303 Fuel system integrity of compressed natural gas vehicles, as amended.</text> </paragraph> <paragraph num="(28)"> <text>49 CFR §571.304 Compressed natural gas fuel container integrity, as amended.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Certification."> <paragraph num="A."> <text>The Administration may not title or register any school vehicle manufactured on or after December 31, 1972, unless the manufacturer has on file at the Administration a certification that the vehicles are in full compliance with the regulations applicable to school vehicles manufactured after December 31, 1972. This certification shall be in a form prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>Each vehicle manufacturer or distributor of vehicles of a type subject to the regulations that are to be sold or distributed in this State shall certify to the Administration that all vehicles to be sold or distributed are in compliance with the provisions of this regulation for the year of manufacture. The certification shall be:</text> <paragraph num="(1)"> <text>Filed annually.</text> </paragraph> <paragraph num="(2)"> <text>Filed before introduction of new model.</text> </paragraph> </paragraph> <paragraph num="C."> <text>School vehicles shall meet standards for the year of manufacture. Contact the School Vehicle Safety Section, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062, before purchase of the school vehicle for a physical inspection of the vehicle to determine if these school vehicles meet the standards during the year of manufacture.</text> </paragraph> <paragraph num="D."> <text>A metal plate stamped or embossed signifying body compliance with this regulation shall be posted by the body manufacturer in the area above the driver's seating position visible to all inspectors. This certification plate shall have MD following the serial number to indicate compliance with construction standards for the State of Maryland.</text> </paragraph> <paragraph num="E."> <text>A tamper-proof, self-adhesive label with a clear surface that will not be damaged by moisture or cleaning solvents may be used in place of the metal plate. Upon return of the damaged or unreadable label, the manufacturer shall supply a new label to the owner.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Bumpers."> <paragraph num="A."> <text>The front bumper shall be of heavy duty steel channel, or equivalent, at least 3/16-inch thickness and not less than a 9-inch face, painted black, and shall extend around the outer edges of the fender. Bumper and bumper supports shall be of sufficient strength to permit towing or pushing by another vehicle without damage. The front bumper shall be furnished by the manufacturer.</text> </paragraph> <paragraph num="B."> <text>The rear bumper shall be of 3/16-inch pressed steel channel, or equivalent, and shall have not less than a 9-inch face. It shall wrap around the back corners of the bus and shall extend forward at least 12 inches measured from the rearmost point of the body at the floor line.</text> </paragraph> <paragraph num="C."> <text>The rear bumper shall be furnished by the manufacturer and shall be attached directly to the frame with the following provisions:</text> <paragraph num="(1)"> <text>Ease in removal;</text> </paragraph> <paragraph num="(2)"> <text>Prevent hitching to or riding on it;</text> </paragraph> <paragraph num="(3)"> <text>Braced to develop the full strength of the bumper section against side or rear impact; and</text> </paragraph> <paragraph num="(4)"> <text>Permit bus to be pushed by another vehicle without permanent distortion.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The rear bumper shall extend beyond the rearmost part of the body surface at least 1 inch, measured at the floor line.</text> </paragraph> <paragraph num="E."> <text>Only bumpers approved by the Administration may be used.</text> </paragraph> <paragraph num="F."> <text>Tow eyes or hooks may be furnished front and rear and attached so as not to project beyond the front or rear bumpers. Tow eyes or hooks attached to the frame (chassis) shall be furnished by the chassis manufacturer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Brakes — General, Hydraulic, Air Brake."> <paragraph num="A."> <text>General. The brake system:</text> <paragraph num="(1)"> <text>Shall be designed and constructed so that a single failure anywhere in the brake system, except for mechanical parts of the wheel brake assemblies, the brake pedal, and the brake pedal attachment to the brake valves or the master cylinder, does not leave the vehicle without brakes; and</text> </paragraph> <paragraph num="(2)"> <text>May not allow the vehicle to be without operative brakes capable of stopping the vehicle when loaded to the manufacturer's rated gross vehicle weight at any legal road speed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Hydraulic.</text> <paragraph num="(1)"> <text>Buses using a vacuum in operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, which shall provide a continuous warning when the vacuum for braking is less than 8 inches of mercury. An illuminated gauge shall indicate to the driver the inches of mercury/vacuum available for operation of the brakes.</text> </paragraph> <paragraph num="(2)"> <text>Vacuum assist brake systems shall have a reservoir used exclusively for brakes and shall be adequate to ensure loss in vacuum at full stroke application of not more than 30 percent, with the engine not running. The brake system on gas-powered engines shall include suitable and convenient connections for the installation of a separate vacuum reservoir.</text> </paragraph> <paragraph num="(3)"> <text>The brake system dry reservoir shall be safeguarded by a check valve or equivalent device. In the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored dry air or vacuum may not be depleted by leakage or failure.</text> </paragraph> <paragraph num="(4)"> <text>Buses using a hydraulic assist booster in the operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, that shall provide continuous warning in event of a loss of fluid from the primary source or loss of electric power in the back-up system.</text> </paragraph> <paragraph num="(5)"> <text>Brake lines, plus booster assist lines, shall be:</text> <paragraph num="(a)"> <text>Protected from excessive heat and vibration;</text> </paragraph> <paragraph num="(b)"> <text>Installed to prevent chafing, cutting, or stretching.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The parking brake system shall be designed and assembled to meet the following requirements:</text> <paragraph num="(a)"> <text>The parking brake shall hold the vehicle stationary or to the limit of traction on braked wheels, on a 20 percent grade under any condition of legal loading on a surface free from snow, ice, or loose material;</text> </paragraph> <paragraph num="(b)"> <text>When applied, the parking brake shall remain in the applied position with the capability as set forth in this regulation, despite exhaustion of the source of energy used for application or leakage;</text> </paragraph> <paragraph num="(c)"> <text>The parking brake control mechanism:</text> <paragraph num="(i)"> <text>May be mounted on the dash or on the floor,</text> </paragraph> <paragraph num="(ii)"> <text>Shall be readily available to the driver, and</text> </paragraph> <paragraph num="(iii)"> <text>When in the applied position, may not protrude into the walkway; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>If floor mounted, there shall be a minimum 30-inch walkway measured from the barrier to the parking brake mechanism.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>A drive-line type parking brake shall have a conveniently mounted control to apply and release.</text> </paragraph> <paragraph num="(8)"> <text>A manual release shall be provided in cases when hydraulic pressure cannot be built up to release the brake.</text> </paragraph> <paragraph num="(9)"> <text>A warning light shall be provided to alert the driver that the parking brake is or is not applied.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Air Brakes.</text> <paragraph num="(1)"> <text>Vehicles having full air brake systems shall be equipped with:</text> <paragraph num="(a)"> <text>A safety valve to protect the air system against excessive air pressure build-up;</text> </paragraph> <paragraph num="(b)"> <text>An illuminated air gauge in the instrument panel to register the air system pressure, with an audible and visual low pressure indicator to warn the operator when air pressure falls below 60 pounds per square inch; and</text> </paragraph> <paragraph num="(c)"> <text>A warning light to alert the driver that the parking brake is applied.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Vehicles having full air brake systems shall be equipped with a check valve located between the source of air supply and reservoir.</text> </paragraph> <paragraph num="(3)"> <text>Brake lines shall be:</text> <paragraph num="(a)"> <text>Protected from excessive heat and vibration; and</text> </paragraph> <paragraph num="(b)"> <text>Installed to prevent chafing, rubbing, or stretching.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Minimum brake lining size shall be 16.5 by 6 inches rear and 15 by 3.5 inches front.</text> </paragraph> <paragraph num="(5)"> <text>A fail-safe emergency brake system shall have a spring actuated chamber attached to rear brakes and shall automatically apply rear brakes upon loss of air.</text> </paragraph> <paragraph num="(6)"> <text>A brake system shall be of sufficient capacity for at least three brake applications and release after an engine stall.</text> </paragraph> <paragraph num="(7)"> <text>A manual control shall be installed in the driver's compartment, located so as not in reach of pupils to be readily available to the driver for emergency stopping or parking.</text> </paragraph> <paragraph num="(8)"> <text>If a treadle type is supplied, the treadle shall be either rubber covered or of a nonslip design and mounted directly on a valve. Treadle combination valves, involving linkages between valve body and pedal, are not permitted.</text> </paragraph> <paragraph num="(9)"> <text>Air lines, wires, etc., are to be supported or enclosed within the driver's compartment to protect against abnormal wear or damage.</text> </paragraph> <paragraph num="(10)"> <text>Rear air chambers are to be mounted in front of the rear axle.</text> </paragraph> <paragraph num="(11)"> <text>The system shall be equipped with an automatic, electrically heated drain system, with either an automatic drain valve or air dryer.</text> </paragraph> <paragraph num="(12)"> <text>The control of the emergency stopping system shall be designed and constructed to prevent release of brakes by the driver unless energy is available for reapplication.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Drive Train."> <paragraph num="A."> <text>Axles.</text> <paragraph num="(1)"> <text>The front and rear axles, including suspension assemblies, shall have a gross axle weight rating at least equal to that portion of the load as would be imposed by the chassis manufacturer's maximum gross vehicle weight rating.</text> </paragraph> <paragraph num="(2)"> <text>The rear axle shall be of the full-floating type. The rear suspension assembly shall have a gross weight rating at ground equal to or exceeding that portion of the total load as would be imposed by the manufacturer's maximum gross vehicle weight rating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Air Cleaner. The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications.</text> </paragraph> <paragraph num="C."> <text>Heater Outlets. The chassis engine shall provide inlet and outlet holes in which heavy duty cut-off valves shall be installed in accessible locations for attachment of the bus heating system water lines.</text> </paragraph> <paragraph num="D."> <text>Oil Filter. An engine mounted filter shall be provided by the engine manufacturer.</text> </paragraph> <paragraph num="E."> <text>Transmission. A transmission shall have a minimum of four forward speeds and one reverse speed.</text> </paragraph> <paragraph num="F."> <text>Drive Shaft. Each segment of the drive shaft shall be equipped with a suitable guard to control its motion and prevent accident or injury in the event of its fracture or disconnection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Electrical (Chassis Wiring)."> <paragraph num="A."> <text>The chassis wiring system shall be of sufficient capacity to meet the electrical demand of the vehicle. Chassis and body wiring shall be protected with circuit breakers or field effect transistors.</text> </paragraph> <paragraph num="B."> <text>Battery or Batteries.</text> <paragraph num="(1)"> <text>The storage battery or batteries shall:</text> <paragraph num="(a)"> <text>Be furnished by the chassis manufacturer;</text> </paragraph> <paragraph num="(b)"> <text>Be of sufficient capacity to supply all electrical requirements; and</text> </paragraph> <paragraph num="(c)"> <text>Have at least a total of 1,000 cold cranking amperes measured at 0°F.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Mounting.</text> <paragraph num="(a)"> <text>The battery or batteries shall be mounted on the outside of the engine compartment.</text> </paragraph> <paragraph num="(b)"> <text>The body manufacturer shall permanently mount the battery or batteries on a sliding tray.</text> </paragraph> <paragraph num="(c)"> <text>One-piece 00 gauge battery cables shall be provided by the manufacturer. The cables shall be of a length to permit the full travel of the battery and tray.</text> </paragraph> <paragraph num="(d)"> <text>The battery cables, if passed through holes in metal, shall be protected by nonconductive grommets.</text> </paragraph> <paragraph num="(e)"> <text>The battery or batteries may be mounted in the engine compartment on rear-engine vehicles.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Alternator. The alternator shall be of sufficient output to meet the electrical demand of the vehicle. A dual belt drive or equivalent shall be used.</text> </paragraph> <paragraph num="D."> <text>Voltmeter. A graduated voltmeter is required.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Exhaust System."> <paragraph num="A."> <text>The exhaust system shall include the:</text> <paragraph num="(1)"> <text>Exhaust manifold and gaskets; and</text> </paragraph> <paragraph num="(2)"> <text>Piping leading from the flange of the exhaust manifold, to and including the muffler or mufflers and exhaust pipes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The system may not extend into the body and shall be attached to the chassis.</text> </paragraph> <paragraph num="C."> <text>Exhaust Pipes.</text> <paragraph num="(1)"> <text>The exhaust pipe shall be of nonflexible 16-gauge steel. An Original Equipment Manufacture flexible pipe or its equivalent not longer than 24 inches in length may be used at the front of the system at or near the turbocharger.</text> </paragraph> <paragraph num="(2)"> <text>The exhaust pipe shall exit the rear of the bus on either the left or right side of the emergency door.</text> </paragraph> <paragraph num="(3)"> <text>The exhaust pipe may not exit through or be attached to the bumper.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The complete exhaust system shall be tight and free from leaks, shall be properly insulated from the electrical wiring or any combustible part of the bus, and may not pass within 12 inches of the gasoline fuel tank or its connections unless a suitable heat baffle is installed between the exhaust system and gasoline fuel tank. A shield is not required between the diesel tank and exhaust. A part of the exhaust system may not pass within 12 inches of any flexible brake or diesel fuel line unless a suitable heat baffle is installed between the exhaust system and flexible brake or diesel fuel line.</text> </paragraph> <paragraph num="E."> <text>The exhaust system noise level may not exceed the levels in COMAR 11.14.07.08.</text> </paragraph> <paragraph num="F."> <text>The manufacturer shall provide the proper size exhaust pipes. Replacement pipes shall be of the same diameter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fenders and Hood (Chassis Sheet Metal)."> <paragraph num="A."> <text>The total width of outer edges of front fenders, measured at the fender line, shall exceed the total width of front tires when wheels are in a straight ahead position.</text> </paragraph> <paragraph num="B."> <text>Front fenders shall be properly braced and free from body attachments.</text> </paragraph> <paragraph num="C."> <text>The chassis manufacturer shall provide a metal or fiberglass fender extension or flap to extend downward to the lowest edge of body.</text> </paragraph> <paragraph num="D."> <text>Openings in the floorboard or firewall between the chassis and passenger carrying compartment, such as for the gearshift lever and the auxiliary brake lever, shall be sealed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Frame."> <paragraph num="A."> <text>The frame or its equivalent shall be of such design as to correspond at least to the standard practice for trucks of the same general load characteristics which are used for severe service.</text> </paragraph> <paragraph num="B."> <text>The chassis frame shall extend at least to the rear edge of the rear body cross-member. Alteration in the length of the frame shall be made only behind the rear hangers of the rear springs and may not be for the purpose of extending the wheel base. Any alterations to the frame shall be made only when designed and guaranteed by the original chassis or body manufacturer.</text> </paragraph> <paragraph num="C."> <text>When frame side members are used, they shall be of one-piece construction. If frame side members are extended, the extension shall be designed and furnished by the chassis or body manufacturer with his guarantee, and installation shall be made by either the chassis or the body manufacturer and guaranteed by the company making the installation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Fuel System."> <paragraph num="A."> <text>The fuel tank shall have a minimum capacity of 30 gallons and be on the right hand side of the chassis rail or between frame rails.</text> </paragraph> <paragraph num="B."> <text>Vehicles with wheelchair lifts located forward of the rear wheels may have the fuel tank in the rear between frame rails or on the left side of the frame rails.</text> </paragraph> <paragraph num="C."> <text>The tank shall be equipped with adequate baffles.</text> </paragraph> <paragraph num="D."> <text>A drain plug of at least 1/4 inch diameter shall be located in the center of the bottom of the tank.</text> </paragraph> <paragraph num="E."> <text>If tank sizes other than 30 gallons are supplied, the location of the tank shall remain as set forth in §A of this regulation.</text> </paragraph> <paragraph num="F."> <text>The engine supply line shall be taken from the top of the tank.</text> </paragraph> <paragraph num="G."> <text>A flexible fuel hose and oil-proof connection shall be provided at the engine end of the fuel feed line.</text> </paragraph> <paragraph num="H."> <text>Fill Pipe Cap.</text> <paragraph num="(1)"> <text>The fill pipe cap shall be of such design as to minimize spillage of fuel when the bus turns corners in either direction.</text> </paragraph> <paragraph num="(2)"> <text>If venting of the fuel tank is done other than through the fill pipe cap, the cap shall be of a nonvented type.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Fuel Filler Cap Door. There shall be a door hinged at the front and designed to cover the opening over the fuel fill pipe.</text> </paragraph> <paragraph num="J."> <text>A fuel filter with a replaceable element shall be installed between the fuel tank and fuel delivery system, readily available for service.</text> </paragraph> <paragraph num="K."> <text>If a fuel other than gasoline or diesel is used, the fuel system shall meet all applicable federal standards.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Instruments."> <text>Instruments and gauges shall be mounted on the instrument panel in such a manner that each is clearly visible to the driver while the driver is in a normal seated position.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="Steering System."> <paragraph num="A."> <text>Steering gear shall be approved by the chassis manufacturer and designed to assure safe and accurate performance when a vehicle is operated with maximum load at maximum speed.</text> </paragraph> <paragraph num="B."> <text>If external adjustments are required, a steering adjustment mechanism shall be accessible.</text> </paragraph> <paragraph num="C."> <text>Changes may not be made in steering apparatus which are not approved by chassis manufacturer.</text> </paragraph> <paragraph num="D."> <text>There shall be a clearance of at least 2 inches between the steering wheel and cowl instrument panel or any other surface.</text> </paragraph> <paragraph num="E."> <text>Power steering is required and shall be of the integral type with integral valves.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Suspension (Springs and Shocks)."> <paragraph num="A."> <text>Springs.</text> <paragraph num="(1)"> <text>The springs or suspension assemblies shall be of ample resiliency under all load conditions and of adequate strength to sustain the loaded vehicle without evidence of overload.</text> </paragraph> <paragraph num="(2)"> <text>Springs or suspension assemblies shall be designed to carry their proportional share of gross vehicle weight.</text> </paragraph> <paragraph num="(3)"> <text>If rear springs are used, they shall be of a progressive type.</text> </paragraph> <paragraph num="(4)"> <text>If leaf type front springs are used, the stationary eyes shall be protected by a full wrapped leaf in addition to the main leaf.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Shock Absorbers. Two front and two rear double acting shock absorbers shall be provided and be compatible with the manufacturer's rated axle capacity.</text> </paragraph> <paragraph num="C."> <text>Air Ride Suspension. An air ride suspension may be installed, which shall:</text> <paragraph num="(1)"> <text>Meet all of the manufacturer's requirements;</text> </paragraph> <paragraph num="(2)"> <text>Have a stop block to prevent the body from hitting the tire in case of an air bag failure;</text> </paragraph> <paragraph num="(3)"> <text>Permit the vehicle to be driven off the roadway if the air bag fails; and</text> </paragraph> <paragraph num="(4)"> <text>Have a manual drain valve.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The air ride suspension system may be equipped with an automatic, electrically heated drain system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Tires (Wheels and Rims)."> <paragraph num="A."> <text>New tires of proper size and ply rating commensurate with the chassis manufacturer's gross vehicle weight rating shall be provided. All tires on any given vehicle shall be the same size and ply rating.</text> </paragraph> <paragraph num="B."> <text>Dual rear wheels and tires shall be provided on all vehicles.</text> </paragraph> <paragraph num="C."> <text>If the vehicle is equipped with a spare tire and rim, they shall be of the same size as those mounted on the vehicle, and if the tire carrier is specified, it shall be mounted in an accessible location outside of the passenger compartment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Traction-Assisting Devices, if Specified."> <paragraph num="A."> <text>Automatic chains may be installed.</text> </paragraph> <paragraph num="B."> <text>Sanders, when required or used, shall:</text> <paragraph num="(1)"> <text>Be of the hopper cartridge valve type;</text> </paragraph> <paragraph num="(2)"> <text>Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;</text> </paragraph> <paragraph num="(3)"> <text>Be of at least 100-pound (grit) capacity and refillable from the exterior of the vehicle only;</text> </paragraph> <paragraph num="(4)"> <text>Have a cover on the filler opening of the hopper, which screws into place, sealing the unit air tight;</text> </paragraph> <paragraph num="(5)"> <text>Have discharge tubes extending to the front of each rear wheel under the fender;</text> </paragraph> <paragraph num="(6)"> <text>Have nonclogging discharge tubes which shall have slush-proof, nonfreezing nozzles;</text> </paragraph> <paragraph num="(7)"> <text>Be operated by an electric switch with a telltale light mounted on the instrument panel;</text> </paragraph> <paragraph num="(8)"> <text>Be exclusively driver controlled; and</text> </paragraph> <paragraph num="(9)"> <text>Have a gauge to indicate that the hoppers need refilling when they are 1/4 full.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Alternating Flashing Lights."> <paragraph num="A."> <text>Buses shall be equipped with a system consisting of four red flashing warning lights and four amber flashing warning lights.</text> </paragraph> <paragraph num="B."> <text>Shields are required over the warning lights except those equipped by the manufacturer with halogen or L.E.D. (Light Emitting Diodes). The shields may be of a single type to cover both the red and amber lights and shall be painted black, with a minimum depth of 4 inches.</text> </paragraph> <paragraph num="C."> <text>There shall be a red and amber pilot light which shall go on when the respective amber or red systems are actuated. The appropriate pilots shall either go out or flash at an obvious altered rate if any of the lights in the system are not functioning normally.</text> </paragraph> <paragraph num="D."> <text>The warning light switches and red and amber pilot lights shall be mounted to the right of the seated driver within easy unobstructed reach, in a panel or a specific area in the dash, and not incorporated with other switches.</text> </paragraph> <paragraph num="E."> <text>The signal lamp system shall operate as follows:</text> <paragraph num="(1)"> <text>With master switch on and entrance door closed, depress momentary switch. Amber pilot light and amber flashing lights shall go on.</text> </paragraph> <paragraph num="(2)"> <text>Open entrance door. Amber pilot light and amber flashing lights shall go off and red pilot light and red flashing lights shall go on. Stop arm shall automatically extend.</text> </paragraph> <paragraph num="(3)"> <text>Close entrance door. Red pilot and flashing lights shall go off, and the stop arm shall retract immediately.</text> </paragraph> <paragraph num="(4)"> <text>Open entrance door without depressing momentary switch. Red pilot light and red flashing lights shall go on. Stop arm shall automatically extend.</text> </paragraph> <paragraph num="(5)"> <text>With master switch off, depressing momentary switch may not activate the amber flashing system, nor will opening entrance door activate the red flashing signal and stop arm.</text> </paragraph> <paragraph num="(6)"> <text>An override switch shall be provided which permits the activation of the red warning lights and red pilot light without opening the service door.</text> </paragraph> <paragraph num="(7)"> <text>The red override system shall operate when the master switch is in both the on and off positions.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Installation Requirements.</text> <paragraph num="(1)"> <text>Each flashing light shall be mounted with its axis substantially parallel to the longitudinal axis of vehicle.</text> </paragraph> <paragraph num="(2)"> <text>Front and rear alternately flashing lights shall be spaced as far apart laterally as practicable.</text> </paragraph> <paragraph num="(3)"> <text>Alternately flashing lights shall be mounted at the front above the windshield and at the rear so that the lower edge of lens is not lower than top line of the side window.</text> </paragraph> <paragraph num="(4)"> <text>Vertical and lateral vision of the front and rear alternately flashing warning lights may not be obstructed by any part of the body or lamphouse insofar as standard vehicle body construction permits.</text> </paragraph> <paragraph num="(5)"> <text>The area around each lamp, extending approximately 1 inch outward, shall be painted black.</text> </paragraph> <paragraph num="(6)"> <text>A separate fuse, circuit breaker, or field effect transistor, adequate to prevent damage to the system in the event of a dead short, shall be provided between the power source and the master switch.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16-1" heading="Flashing White Strobe Light."> <paragraph num="A."> <text>A school vehicle may be equipped with a flashing white strobe light on the roof of the vehicle.</text> </paragraph> <paragraph num="B."> <text>The flashing white strobe light:</text> <paragraph num="(1)"> <text>Shall be installed on the roof in a position not further than 1/3 of the body length forward from the rear edge of the roof;</text> </paragraph> <paragraph num="(2)"> <text>Shall have a single clear lens emitting light 360 degrees around its vertical axis;</text> </paragraph> <paragraph num="(3)"> <text>May not extend above the roof more than the maximum legal vehicle height as set forth in Transportation Article, §24-104(a), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(4)"> <text>Shall be approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a flashing white strobe light is installed, a manual switch and pilot light shall be installed in the driver's compartment to indicate when the light is operating.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Body Construction — External."> <paragraph num="A."> <text>External structural construction shall be of rust resistant, zinc coated, prime commercial cold rolled quality steel, or a material with the strength at least equivalent to steel, and shall be fire resistant. The following apply:</text> <paragraph num="(1)"> <text>Metal parts that will be painted shall be chemically cleaned, etched, zinc phosphate coated, and zinc chromate or epoxy primed or conditioned by equivalent process;</text> </paragraph> <paragraph num="(2)"> <text>Particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas, and surfaces subjected to abrasion during vehicle operation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The overall length of a school vehicle may not exceed 40 feet.</text> </paragraph> <paragraph num="C."> <text>Roof Strainers. Two or more roof strainers or longitudinal members shall be provided to connect roof bows, to reinforce the flattest portion of roof skin, and to space roof rows. These strainers may be installed between roof bows or applied externally. They shall extend from the windshield header and when combined with the rear emergency door post, shall function as longitudinal members extending from the windshield header to the rear floor body cross member. At all points of contact between strainers or longitudinal members and other structural material, attachment shall be made by means of welding, riveting, or bolting. After the test load as specified in 49 CFR §571.220 has been removed, none of the following defects shall be evident:</text> <paragraph num="(1)"> <text>Failure or separation at joints where strainers are fastened to roof bows;</text> </paragraph> <paragraph num="(2)"> <text>Appreciable difference in deflection between adjacent strainers and roof bows; or</text> </paragraph> <paragraph num="(3)"> <text>Twisting, buckling, or deformation of strainer cross section.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Side Strainers.</text> <paragraph num="(1)"> <text>There shall be one or more side strainers or longitudinal members to connect vertical structural members and to provide impact and penetration resistance in the event of contact with other vehicles or objects. The strainers may not be formed in flat strips. The strainers shall be constructed from metal of at least 16 gauge and 3 inches wide. Side strainers shall be installed in an area between the bottom of the window and the bottom of the seat frame and shall extend completely around the bus body except for door openings and body cowl panel. Side strainers shall be fastened to each vertical structural member in any one or any combination of the following methods as long as the stress continuity of the members is maintained:</text> <paragraph num="(a)"> <text>Installed between vertical members;</text> </paragraph> <paragraph num="(b)"> <text>Installed behind panels but attached to vertical members;</text> </paragraph> <paragraph num="(c)"> <text>Installed outside external panels.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The fastening method employed shall be such that the strength of strainers is fully utilized. Side strainers or longitudinal members either may be combined with one of the required rub rails or installed alone as an additional rub rail, as long as separate conditions and physical requirements for rub rails are met. A portion of the side strainer or longitudinal member may not occupy the same vertical position as either rub rail.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Rear Corner Reinforcements. Rear corner framing of the bus body between the floor and the window sill and between emergency door posts and last side posts shall consist of at least three structural members applied horizontally or vertically or in another combination to provide additional impact and penetration resistance equal to that provided by frame members in areas of the sides of the body. The structural members shall be securely attached to each end.</text> </paragraph> <paragraph num="F."> <text>Floor Sills. There shall be one main body sill at each side post and two intermediate body sills on approximately 10-inch centers. All sills shall be of equal height not to exceed 3 inches and shall extend the width of the body floor except where structural members or features restrict area. The main body sill shall be equivalent to or heavier than 10 gauge and each intermediate body sill shall be equivalent to or heavier than 16 gauge, or each of all body sills shall be equivalent to or greater than 14 gauge. All sills shall be permanently attached to the floor. Connections between the sides and floor system shall be capable of distributing loads from vertical posts to all floor sills. As evidence that this requirement is fulfilled, the following conditions may not occur during or after application of the load:</text> <paragraph num="(1)"> <text>Appreciable difference in deflection between adjacent sills;</text> </paragraph> <paragraph num="(2)"> <text>Failure or separation in joints where floor, floor sills, and sides connect;</text> </paragraph> <paragraph num="(3)"> <text>Twisting, buckling, or deformation of floor sill cross members.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The metal of commercial gauges used in the construction of the bus body shall be coated with mill applied zinc, be aluminum coated, or be treated by an equivalent process before the bus is constructed. Included are structural members, inside and outside panels, floor panels, and floor sills. Excluded are door handles, grab handles, stanchions, interior decorative parts, and other interior plated parts.</text> </paragraph> <paragraph num="H."> <text>After the load has been removed, the following defects may not be evident at all points of contact between longitudinal members and other structure material:</text> <paragraph num="(1)"> <text>Failure or separation at joints where longitudinal members are attached to the roof bows;</text> </paragraph> <paragraph num="(2)"> <text>Appreciable differences in deflection between adjacent longitudinal members and roof bows;</text> </paragraph> <paragraph num="(3)"> <text>Twisting, buckling, or deformation of longitudinal member cross section.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Strength of Structural Joints of School Vehicle Bodies. It is the intent of this regulation to insure that all structural joints within bus bodies which employ discrete attachments, which are between heavy gauge members and those which join panels to panels or panel edges to heavier structures, achieve a significant proportion of the strength of the parent metal. For any of the joints described in this section, it shall be demonstrated by calculation that the shear strength of the joints is at least 60 percent of the yield point strength of the thinnest member. Panels shall be attached to underlying structures, and the above requirements may not apply where panels are attached to underlying structures at points other than the panel edges.</text> </paragraph> <paragraph num="J."> <text>One rub rail shall be located approximately at the floor line. The rail shall cover the same longitudinal area as the upper rub rail, except at wheel housings, and shall extend to the radii of the right and left rear corners.</text> </paragraph> <paragraph num="K."> <text>One rub rail shall be located on each side of the bus approximately at seat level, and shall extend from the rear side of entrance door completely around the bus body, except for the emergency door, to a point of curvature near the outside cowl (or the corner of the body on transit and metropolitan vehicles) on the left side.</text> </paragraph> <paragraph num="L."> <text>Both rub rails shall be:</text> <paragraph num="(1)"> <text>At least 4 inches in width;</text> </paragraph> <paragraph num="(2)"> <text>Of 16 gauge steel;</text> </paragraph> <paragraph num="(3)"> <text>Corrugated or ribbed;</text> </paragraph> <paragraph num="(4)"> <text>Attached at each body post and all other upright structural members; and</text> </paragraph> <paragraph num="(5)"> <text>Applied outside the body or outside the body posts. Pressed in or snap on rub rails do not satisfy this requirement.</text> </paragraph> </paragraph> <paragraph num="M."> <text>A snow rail, if required, shall be installed the full length of the body skirt.</text> </paragraph> <paragraph num="N."> <text>Rub rails may not be an integral part of the body.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Body Construction — Internal."> <paragraph num="A."> <text>Floor.</text> <paragraph num="(1)"> <text>The floor shall be of prime commercial quality steel of at least 14 gauge or other metal at least equal in strength to 14 gauge prime commercial quality steel.</text> </paragraph> <paragraph num="(2)"> <text>The floor shall be flat from front to back and from side to side, except in wheel housing, toe board, driver's seat platform, and fuel fill locations.</text> </paragraph> <paragraph num="(3)"> <text>Humps in the floor may not have sharp corners and shall be located in areas that will not impede student movement.</text> </paragraph> <paragraph num="(4)"> <text>Flat floor vehicles may have a step on the aisle, which shall be marked with white nose edging with “Watch Your Step” printed underneath the white nose edging.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The inside body height shall be a minimum of 72 inches, measured metal to metal, at any point on the longitudinal centerline from the front vertical bow to the rear vertical bow.</text> </paragraph> <paragraph num="C."> <text>The vehicle body shall be thermally insulated between the inner and outer panels, ceiling, roof, and walls with proper material to deaden sound and to reduce vibrations to a minimum.</text> </paragraph> <paragraph num="D."> <text>Projections and Exposed Edges.</text> <paragraph num="(1)"> <text>The interior of the vehicle, including the ceiling, shall be free of all projections except those required for the installation of equipment approved by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>An inner liner shall be provided on the ceiling and walls.</text> </paragraph> <paragraph num="(3)"> <text>Rearward components shall be lapped over forward components to reduce the likelihood of injury from exposed edges.</text> </paragraph> <paragraph num="(4)"> <text>Exposed edges shall be beaded, hemmed, or flanged.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Interior trim panels from the bottom of the window line to the seat rail shall be unpainted, embossed, aluminized steel.</text> </paragraph> <paragraph num="F."> <text>Construction shall provide a reasonably dustproof, weathertight, and fume-proof unit. Openings between the chassis and passenger compartment shall be sealed to prevent fumes or exhaust gas from entering the bus body.</text> </paragraph> <paragraph num="G."> <text>The body shall be designed and built to provide impact and penetration resistance into the passenger compartment.</text> </paragraph> <paragraph num="H."> <text>Storage Compartment. A metal container of adequate strength and capacity for the storage of tire chains or tow chains and tools for minor emergency repairs may be provided. The storage container may be located either inside or outside the passenger compartment. If inside, it shall have a cover (a seat cushion may serve for this purpose) and be fastened to the floor of the vehicle.</text> </paragraph> <paragraph num="I."> <text>Ventilation. The body shall be equipped with a suitable, controlled ventilating system of sufficient capacity to maintain a proper quantity of air under operating conditions without the opening of windows except in extremely warm weather. A static type exhaust roof ventilator is required. It shall be nonclosable and may be incorporated into the roof vent or emergency exit.</text> </paragraph> <paragraph num="J."> <text>Mounting—Body-on-Chassis Type Buses.</text> <paragraph num="(1)"> <text>The chassis frame shall extend to the rear edge of the rear body cross member. In a body-on-chassis type of school vehicle, the body shall be attached to the chassis frame in a manner which prevents shifting or separation of the body from the chassis under severe impact. Alteration in the length of the frame may be made only behind the rear hangers of the rear springs and may not be for the purpose of extending the wheel base. The alterations may be made only if designed and guaranteed either by the original chassis manufacturer or by the company installing the school vehicle body.</text> </paragraph> <paragraph num="(2)"> <text>The body front shall be attached and sealed to the chassis cowl in a manner which prevents the entry of water, dust, or fumes through the joint between the chassis cowl and the body.</text> </paragraph> <paragraph num="(3)"> <text>Body holddown clamps shall be positive clamp, not spring type.</text> </paragraph> <paragraph num="(4)"> <text>Insulating material shall be placed at all contact points between the body and chassis frame. Insulating material shall be approximately 1/4 inch thick, of automobile sidewall tire quality, and attached to the chassis frame or body member so as not to move under severe operating conditions.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Book Racks."> <text>Book racks may be installed on residential special education vehicles only. They shall be installed above the side windows from the front cross seat to the rear transverse seat, except across or above the emergency door. Book racks shall be padded with the same material and padding used for seat backs. The padding shall be of sufficient thickness to prevent impact injuries and shall cover the edges and entire area of the lower surface of the book rack.</text> </regulation> <regulation prefix="Regulation" num=".20" heading="Color and Identification (Lettering)."> <paragraph num="A."> <text>Color.</text> <paragraph num="(1)"> <text>The school bus body, including the hood, cowl, the area above and below the School Bus lettering on the front and rear header, and fenders shall be painted a uniform color, National School Bus Yellow. If the window pilasters are visible after the window is installed they shall also be painted National School Bus Yellow. A chrome or manufacturer's grey grill is acceptable and the roof may be painted white. The front and rear roof caps may not be painted white.</text> </paragraph> <paragraph num="(2)"> <text>The hood may be painted with nonreflective National School Bus Yellow paint.</text> </paragraph> <paragraph num="(3)"> <text>Body trim, on the exterior of the body, including the bumper, the emergency door arrow, and the lettering on the front, rear, and both sides of the body, shall be black. Yellow numbers on the front bumper are acceptable.</text> </paragraph> <paragraph num="(4)"> <text>Rub rails, seat line, and snow rails shall be painted glossy black.</text> </paragraph> <paragraph num="(5)"> <text>Wheel rims shall be gray, silver, or black, if painted. Wheel rims may be aluminum. Accessories of any type covering axle nuts, wheels, or lug nuts are not permitted.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The following lettering is required and shall be block type:</text> <paragraph num="(1)"> <text>Lettering.</text> <paragraph num="(a)"> <text>The body of the school bus shall bear the words “SCHOOL BUS” in black block letters, 8 inches by 1 inch, on both the front and rear of the body.</text> </paragraph> <paragraph num="(b)"> <text>The lettering shall be placed as high as possible without impairment of its visibility.</text> </paragraph> <paragraph num="(c)"> <text>The lettering may be on a reflective area 12 inches by 49 inches.</text> </paragraph> <paragraph num="(d)"> <text>The 12-inch by 49-inch background area may be reduced in size to conform to the contours of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The words “EMERGENCY DOOR” or “EMERGENCY EXIT” shall be 2 inches high black lettering and shall be applied at the top of, or directly above, the emergency exit door and above the emergency push-out windows on the inside and outside of the vehicle. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window.</text> </paragraph> <paragraph num="(3)"> <text>Operation of Emergency Door or Exit Latch (6-inch black arrow by 3/4 inch wide indicating direction of release of door or exit, inside and outside).</text> </paragraph> <paragraph num="(4)"> <text>Identification number (all four sides 6 inches high by 3/4 inch wide visible directly from the front, rear, and each side). Identification number on rear of vehicle shall be located above the rear bumper and below the window line. Temporary signage or numbers shall be placed in the second window on the lower glass on each side of the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>If applicable, the name of the local school system shall be on both sides of the vehicle, properly centered, in letters 6 inches high by 3/4 inch wide.</text> </paragraph> <paragraph num="(6)"> <text>Contractors' and private owners' or operators' names to the rear of the entrance door 2-1/2—3 inches high by 1/4—1/2 inch wide in a 16 by 30-inch area. This lettering shall also be on the left side in the same approximate location.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The following lettering may be used, if required or desired:</text> <paragraph num="(1)"> <text>ICC number (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);</text> </paragraph> <paragraph num="(2)"> <text>Address of owner (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);</text> </paragraph> <paragraph num="(3)"> <text>Telephone number of owner (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);</text> </paragraph> <paragraph num="(4)"> <text>“STOP ON SIGNAL” when required (4 inches high black lettering below rear window).</text> </paragraph> </paragraph> <paragraph num="D."> <text>Only signs and lettering approved by State law or regulation and any numbers necessary for identification shall appear on the vehicle. Bumper stickers are not permitted. The fleet number may be on the front bumper. All lettering shall be located according to the diagram and shall be block type.</text> </paragraph> <paragraph num="E."> <text>A vehicle titled and registered shall comply with all lettering size and location requirements. If buses are repainted, they shall be relettered in compliance with these regulations.</text> </paragraph> <paragraph num="F."> <text>Lettering shall be painted or applied using vinyl die cut self-adhering letters and numbers.</text> </paragraph> <paragraph num="G."> <text>“Drug Free School Zone” Lettering.</text> <paragraph num="(1)"> <text>If desired, “Drug Free School Zone” may be on the exterior of the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The lettering shall be:</text> <paragraph num="(a)"> <text>Located under the first window on the service door side or at another location near the service door approved on each individual bus;</text> </paragraph> <paragraph num="(b)"> <text>Black, in block letters 2 inches high by 3/8 inch wide.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A decal for the “Drug Free School Zone” may be used provided the background is National School Bus Yellow and the decal is not larger than 8 by 18 inches.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Yellow Reflective Tape.</text> <paragraph num="(1)"> <text>Reflective tape at least 1 inch wide and not wider than 6 1/2 inches may be used to form a:</text> <paragraph num="(a)"> <text>Single horizontal line on each side of the bus immediately below the upper rub rail or at the floor line; or</text> </paragraph> <paragraph num="(b)"> <text>Rectangular figure on the rear of the bus body.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The vertical lines of the rectangle in §H(1)(b) of this regulation shall be as close to the sides of the bus as possible without extending over the sides of the bus.</text> </paragraph> <paragraph num="(3)"> <text>The horizontal lines of the rectangle shall consist of one straight line above and near the rear bumper and one straight line at or near the roof line.</text> </paragraph> </paragraph> <paragraph num="I."> <text>The reflective tape specified in §H of this regulation may be applied in a discontinuous fashion so as not to cover any existing or required lettering.</text> </paragraph> <paragraph num="J."> <text>Roof Identification Number. Identification numbers on the roof may be used. If used, they shall be:</text> <paragraph num="(1)"> <text>Located in the most forward section of the roof as possible;</text> </paragraph> <paragraph num="(2)"> <text>Lettered from the left side to the right side of the bus; and</text> </paragraph> <paragraph num="(3)"> <text>18 inches high by 10 inches wide, with a 2-3/4 inch stroke.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Electrical (Body) — Lamps, Signals, Reflectors, and Fuses."> <paragraph num="A."> <text>Tail and Stop (Brake) Lamps.</text> <paragraph num="(1)"> <text>Vehicles shall be equipped with four combination red stop/tail lamps. Two combination lamps with a minimum diameter of 7 inches or, if a shape other than round, a minimum 38 square inches of illustrated area shall be mounted on the rear of the vehicle just inside the turn signal.</text> </paragraph> <paragraph num="(2)"> <text>Two combination lamps with a minimum diameter of 4 inches or, if shaped other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the belt line and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a light that is plainly visible at night from a distance of 500 feet.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Turn Signal Lamps. These signals shall be independent units and equipped with a four-way hazard warning signal switch to cause simultaneous flashing of the turn signal lamps when needed as a vehicular traffic hazard warning. Surface-mounted, amber lamps, with a minimum of four candlepower each, shall be mounted on the sides of the body at approximately seat level rub rail height just to the rear of the service door on the right side, and approximately the same location on the left side. They are to be connected to function with the regular turn signal lamps.</text> </paragraph> <paragraph num="C."> <text>Back-Up Lights. Two back-up lights shall be installed to be activated when the gear shift lever is placed in reverse position. Lights shall be not less than 4 inches in diameter with a minimum of 32 candlepower and mounted above the bumper and below the window line.</text> </paragraph> <paragraph num="D."> <text>Clearance, Side-Marker, and Identification Lamps. Two red clearance lamps on the rear and two amber clearance lamps on the front shall be mounted as high as practical on the permanent structure of the school bus to indicate extreme width. Two side marker lamps, amber at the front and red at the rear, shall be mounted on each side of the bus. Three red identification lamps shall be mounted on the same level not more than 8 inches apart in the center rear of the body as high as practical, and three amber identification lamps shall be likewise mounted in the center front of the body. Recessed lights are permitted.</text> </paragraph> <paragraph num="E."> <text>Registration Plate Lamp. The rear registration number shall be illuminated by a white light so as to be plainly legible at 60 feet during periods of darkness. The registration plate lamp shall be so wired as to be lighted when the headlamps are lighted.</text> </paragraph> <paragraph num="F."> <text>The above combination circuits may be subdivided into independent circuits. Each body circuit shall be coded by number or letter at 4-inch intervals or by color. The code shall appear on a diagram of the circuits in a readily accessible location.</text> </paragraph> <paragraph num="G."> <text>A separate circuit breaker or electronic circuit protection shall be provided for each circuit required, except starter motor and ignition circuits.</text> </paragraph> <paragraph num="H."> <text>Wires within the body shall be insulated and protected by a covering of fibrous loom, or equivalent, which shall protect them from external damage and minimize dangers from short circuits. Whenever wires pass through the body or chassis members, additional protection in the form of a grommet or other appropriate type of insert shall be provided. Exposed wires are not permitted.</text> </paragraph> <paragraph num="I."> <text>Wires shall be fastened securely per manufacturers requirements. All joints shall be soldered or joined by equally effective connectors.</text> </paragraph> <paragraph num="J."> <text>Switches.</text> <paragraph num="(1)"> <text>A solenoid switch or an electronic control system shall be connected to the ignition switch so that body accessories cannot be operated when the ignition switch is off.</text> </paragraph> <paragraph num="(2)"> <text>The wheelchair lift, alternating flashing warning lights, and electric-powered service door handle may operate independently of the ignition switch.</text> </paragraph> <paragraph num="(3)"> <text>A noise reduction off and on switch shall be installed to permit the driver to shut off the entertainment devices and all interior fan motors. This requirement applies to school vehicles constructed as of June 20, 2005.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Ignition Lock."> <text>A lock, key, or other device to prevent the vehicle from being set in motion or its engine started by unauthorized persons, or otherwise contrary to the will of the owner or person in charge of the vehicle, shall be provided.</text> </regulation> <regulation prefix="Regulation" num=".23" heading="Horns."> <paragraph num="A."> <text>The bus shall be equipped with a minimum of two horns of standard make, each horn capable of producing complex sound in a band of audio frequencies between approximately 250 and 2,000 hertz and having a total sound level of 110 decibels within these frequency limits when measured at a point on an axis of the horn 3 feet from the exit of the horn.</text> </paragraph> <paragraph num="B."> <text>The horns shall be audible to other highway users at a distance of 300 feet.</text> </paragraph> <paragraph num="C."> <text>If louder horns are desired, they shall be capable of producing a sound level of 120 decibels under the conditions specified above.</text> </paragraph> <paragraph num="D."> <text>The horn control shall be located in the manufacturer's original position.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Backup Warning Alarm."> <text>An automatic non-variable audible alarm shall be installed behind the rear axle and be at least 97 decibels.</text> </regulation> <regulation prefix="Regulation" num=".25" heading="Emergency Equipment."> <paragraph num="A."> <text>Fire Extinguisher.</text> <paragraph num="(1)"> <text>The vehicle shall be equipped with at least one 5-pound capacity pressurized, dry chemical fire extinguisher complete with hose.</text> </paragraph> <paragraph num="(2)"> <text>The extinguisher shall be mounted in a bracket located below the window line in the driver's compartment and shall be readily accessible.</text> </paragraph> <paragraph num="(3)"> <text>A pressure gauge shall be mounted on the extinguisher so as to be easily read without moving the extinguisher from its mounted position.</text> </paragraph> <paragraph num="(4)"> <text>The fire extinguisher shall be of a type with a total rating of 2A 10 BC or greater. The operating mechanism shall be sealed with a type of seal which does not interfere with the use of the fire extinguisher.</text> </paragraph> </paragraph> <paragraph num="B."> <text>First Aid Kit. The bus shall carry a weatherproof first aid kit, removable and readily identifiable, mounted in the driver's compartment. The kit shall contain at least the contents suggested by the National School Transportation Specifications and Procedures.</text> </paragraph> <paragraph num="C."> <text>Reflectors and Flares.</text> <paragraph num="(1)"> <text>Reflectors and flares shall be located in the driver's area.</text> </paragraph> <paragraph num="(2)"> <text>The vehicle shall be equipped with three red triangular emergency reflectors in a suitable holder.</text> </paragraph> <paragraph num="(3)"> <text>Vehicles shall be equipped with three 30-minute stand-up lean-to flares stored in a red canister.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A locking device on the storage door for emergency equipment is prohibited.</text> </paragraph> <paragraph num="E."> <text>Body Fluid Clean-Up Kit. Each bus shall have a removable and moisture-proof body fluid clean-up kit. The kit shall be properly mounted in the driver's compartment, and identified as a body fluid clean-up kit.</text> </paragraph> <paragraph num="F."> <text>The safety equipment may be stored in a non-locking compartment that is permanently labeled “Safety Equipment Inside”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Flooring and Floor Covering."> <paragraph num="A."> <text>The floor in the underseat area, including the top and side of the wheel housing, driver's compartment, and toe board shall be covered with fire-resistant rubber or equivalent floor covering having a minimum overall thickness of 0.125 inch. A molded floor cover over wheel housings is acceptable.</text> </paragraph> <paragraph num="B."> <text>Floor covering in the aisle and steps shall be one continuous piece of fire-resistant, nonskid, wear-resistant, rubber. The minimum overall thickness shall be 0.1875 inch. There shall be a heavy-duty, white-nosed, rubber wear plate where floor covering meets steps.</text> </paragraph> <paragraph num="C."> <text>Floor covering shall be permanently bonded to the floor. Bonding material or seam sealers shall match the manufacturer's specification to ensure waterproofing. All seams, including those in the front and rear of or over wheel housings, shall be covered with aluminum strips or joined by bonding or welding. Aisle seams shall be located on the aisle side of seat legs and shall be covered with strips made of aluminum or other material approved by the Administration. Cove or cove molding made of metal or other material approved by the Administration shall be installed over joints around the sides and rear body wall.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Heaters."> <paragraph num="A."> <text>Heaters shall be of hot water type.</text> </paragraph> <paragraph num="B."> <text>If only one heater is used, it shall be of fresh air or combination fresh air and recirculating type.</text> </paragraph> <paragraph num="C."> <text>If more than one heater is used, additional heaters may be of recirculating air type.</text> </paragraph> <paragraph num="D."> <text>The heating system shall be capable of maintaining throughout the bus a temperature of not less than 50°F at average minimum January temperature as established by the National Weather Service, National Oceanic and Atmospheric Administration, for the area in which the vehicle is to be operated.</text> </paragraph> <paragraph num="E."> <text>Heaters installed by body manufacturers shall bear a name plate affixed by the heater manufacturer, which specifies the heater rating and performance.</text> </paragraph> <paragraph num="F."> <text>Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses may not dangle or rub against the chassis or sharp edges and may not interfere with or restrict the operation of any engine function. Heater hose shall conform to SAE J20C, which is incorporated by reference. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.</text> </paragraph> <paragraph num="G."> <text>The chassis engine shall provide inlet and outlet holes in which heavy duty cut-off valves shall be installed in accessible locations for attachment of the bus heating system water lines.</text> </paragraph> <paragraph num="H."> <text>There shall be water flow regulating valves installed in the pressure line for convenient operation from the driver's seat.</text> </paragraph> <paragraph num="I."> <text>Accessible bleeder valves shall be installed in an appropriate place in the return lines of the body company installed heaters to remove air from the heater lines.</text> </paragraph> <paragraph num="J."> <text>Heater motors, cores, and fans shall be readily accessible for service. Access panels shall be provided as needed.</text> </paragraph> <paragraph num="K."> <text>Combustion Heaters.</text> <paragraph num="(1)"> <text>Combustion heaters are permitted and shall:</text> <paragraph num="(a)"> <text>Have a switch or one-way valve installed at the fuel tank when the fuel line is pressurized to shut off the fuel to the heater in case of a broken line;</text> </paragraph> <paragraph num="(b)"> <text>Have an indicator light in the driver's compartment to alert the driver of any malfunction;</text> </paragraph> <paragraph num="(c)"> <text>Be mounted on the left side in an individual compartment opening from the outside; and</text> </paragraph> <paragraph num="(d)"> <text>Have the exhaust come out the left side under the skirt as close to the rear wheels as possible.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Only combustion heaters approved by this Administration are to be installed on school vehicles.</text> </paragraph> </paragraph> <paragraph num="L."> <text>Portable heaters may not be used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Defogger, Auxiliary."> <text>One 6-inch auxiliary top mount fan shall be installed for window defogging. This fan is not to be considered a defroster.</text> </regulation> <regulation prefix="Regulation" num=".29" heading="Mirrors."> <paragraph num="A."> <text>An interior clear view mirror shall be at least 6 by 30 inches to afford a good view of the passengers and the roadway to the rear. If it is not metal backed and framed, the mirror shall be laminated safety glass. It shall have rounded corners and protected edges.</text> </paragraph> <paragraph num="B."> <text>Two adjustable exterior, clear view mirrors, with black housing, shall be installed on each side of the vehicle.</text> </paragraph> <paragraph num="C."> <text>Fender-Mounted Mirrors.</text> <paragraph num="(1)"> <text>One fender-mounted tripod or solid piece mirror bracket shall be mounted on each front fender.</text> </paragraph> <paragraph num="(2)"> <text>An exterior convex mirror shall be mounted on each front fender to provide a close infield of the vision to eliminate blind spots.</text> </paragraph> <paragraph num="(3)"> <text>A single mirror of a type approved by the Administration in conjunction with the State Department of Education may be used in place of the mirrors in §C(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".30" heading="Seat Belt for Driver."> <text>A single locking retractor type, with the latch on the right side and at seat cushion height, or a double locking retractor type seat belt shall be provided for the driver.</text> </regulation> <regulation prefix="Regulation" num=".31" heading="Seats, Crash Barriers, and Interior."> <paragraph num="A."> <text>Passenger Seats.</text> <paragraph num="(1)"> <text>The minimum clearance of all aisles, including the aisle or passageway between seats leading to the emergency door, shall be 12 inches.</text> </paragraph> <paragraph num="(2)"> <text>The forward-most seat on the right side of the vehicle shall be located so as not to interfere with the operator's vision and may not be farther forward than the rear of the operator's seat when adjusted to its rearmost position.</text> </paragraph> <paragraph num="(3)"> <text>A minimum of 36 inches of headroom for the sitting position above the top of the undepressed cushion line of all seats shall be provided. Measurement shall be made vertically not more than 7 inches from the side wall at cushion height and at the fore and aft center of the cushion.</text> </paragraph> <paragraph num="(4)"> <text>The backs of seats of similar size shall be of the same width at the top, of the same height from the floor, and shall slant at the same angle with the floor.</text> </paragraph> <paragraph num="(5)"> <text>Seats shall be:</text> <paragraph num="(a)"> <text>Forward facing and shall be securely fastened with bolts and nuts to supporting parts of the vehicle. Each leg shall be fastened with a minimum of two bolts and nuts. Portable seats are not acceptable. Aisles between forward facing seats shall have a minimum clear width of 12 inches; and</text> </paragraph> <paragraph num="(b)"> <text>As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Aisle supports of seat backs shall be slanted away from the aisle sufficiently to give an aisle clearance of 15 inches at the tops of the seat backs.</text> </paragraph> <paragraph num="(7)"> <text>The rear davenport paneling shall be covered with fireblock upholstery or have fireblock material between the engine compartment and the passenger compartment, and the seat on rear engine busses shall be covered with fireblock upholstery. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> <paragraph num="(8)"> <text>A flip-up seat may be installed at side emergency doors.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Track Seating.</text> <paragraph num="(1)"> <text>Track seating may be used.</text> </paragraph> <paragraph num="(2)"> <text>The top of the track shall be flush with the floor.</text> </paragraph> <paragraph num="(3)"> <text>The manufacturer shall install a label to indicate the required seat spacing.</text> </paragraph> <paragraph num="(4)"> <text>Bolts, nuts, and washers or flanged-head nuts shall be used.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Operator's Seat.</text> <paragraph num="(1)"> <text>The minimum distance between the steering wheel and the backrest of the operator's seat is 11 inches.</text> </paragraph> <paragraph num="(2)"> <text>The operator's seat shall:</text> <paragraph num="(a)"> <text>Be rigidly positioned;</text> </paragraph> <paragraph num="(b)"> <text>Have vertical adjustment and fore and aft adjustment of not less than 4 inches, without the use of tools or other devices;</text> </paragraph> <paragraph num="(c)"> <text>Be fastened to the floor with bolts, nuts, and washers or flanged-head nuts; and</text> </paragraph> <paragraph num="(d)"> <text>Be covered with Fire-Block material. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Crash Barriers.</text> <paragraph num="(1)"> <text>Crash barriers shall be located on both sides of the aisle in front of the most forward facing seat.</text> </paragraph> <paragraph num="(2)"> <text>On vehicles with the engine inside the front of the body, the minimum distance between the barrier at rear of the entrance step-well and the engine cover shall be 14 inches at floor level.</text> </paragraph> <paragraph num="(3)"> <text>Barriers shall be covered with Fire-Block material. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Sun Visor. An interior adjustable transparent sun visor not less than 6 inches wide and 30 inches long shall be installed so that it can be turned up to prevent being a hazard when not in use. It shall be supported by two brackets.</text> </paragraph> <paragraph num="F."> <text>Steering Wheel. The steering wheel circumference shall have at least 2 inches of clearance at all points.</text> </paragraph> <paragraph num="G."> <text>Speakers. Ceiling or side-mounted speakers shall be flush mounted.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".32" heading="Service Doors, Emergency Windows, Doors, and Exits."> <paragraph num="A."> <text>Service Door.</text> <paragraph num="(1)"> <text>The service door shall be:</text> <paragraph num="(a)"> <text>Located on the right side near the front, convenient to the seated operator's unobstructed vision. The entrance shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.</text> </paragraph> <paragraph num="(b)"> <text>Manually or power operated by the seated operator and designed to afford easy release and prevent accidental opening. Parts of the hand lever may not come together so as to shear or crush fingers. If one section of the folding door opens inward and the other opens outward, the forward section shall open outward. Vertical closing edges shall be equipped with padding to prevent injury. The bottom of the lower glass panel shall be not more than 10 inches from the top surface of the bottom step when the bus is unloaded. The top of the upper glass panel shall be not more than 6 inches from the top of the door. Power-operated doors shall be equipped for emergency release in case of power failure and shall be labeled on the inside with letters at least 1/2 inch high and instructions for emergency opening.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>There may not be a door to the left of the driver on vehicles with a gross vehicle weight rating greater than 21,500 pounds.</text> </paragraph> <paragraph num="(3)"> <text>A grab handle of stainless steel not less than 20 inches in length shall be properly secured in an unobstructed location inside the doorway.</text> </paragraph> <paragraph num="(4)"> <text>An entrance door head pad, minimum of 1 by 4 inches, of foam rubber, shall be installed on the interior of the vehicle to extend the width of the door opening.</text> </paragraph> <paragraph num="(5)"> <text>Manually operated service doors shall be equipped with heavy duty nonpainted or powder coated, rust resistant controls and rod with a positive inside latching device.</text> </paragraph> <paragraph num="(6)"> <text>The service door or doors shall have a handle for opening it from the outside.</text> </paragraph> <paragraph num="(7)"> <text>The effective date for a positive latching device and handle is January 1, 1991.</text> </paragraph> <paragraph num="(8)"> <text>There may be a security locking device on the outside handle of the service door.</text> </paragraph> <paragraph num="(9)"> <text>Electric-powered service doors shall have a handle switch directly powered by the battery.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Emergency Door.</text> <paragraph num="(1)"> <text>An emergency door shall be located in the rear and near the center. If the engine is so located as to prevent a rear emergency door or exit location, the emergency door shall be in the left side of the rear half of the bus and shall be clearly marked “EMERGENCY DOOR” in letters at least 2 inches high at the top of, or directly above, the door on both the inside and the outside. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window. An arrow at least 6 inches in length and 3/4 of an inch in width indicating the direction the release mechanism should be turned to open the emergency door shall be painted black on the inside of the emergency door.</text> </paragraph> <paragraph num="(2)"> <text>An arrow of equal dimensions indicating the direction the release mechanism should be turned to open the emergency door shall be on the outside of the emergency door in black and on the National School Bus Yellow background, as set forth in Regulation .20 of this chapter. The emergency door shall have a horizontal opening of at least 24 inches and a vertical opening of at least 48 inches measured from the floor level. The emergency door or exit shall be designed to be opened from both the inside and outside.</text> </paragraph> <paragraph num="(3)"> <text>The passage to the emergency door shall be kept clear of obstructions. For rear doors, the horizontal clearance of 24 inches shall be maintained for a distance of at least 12 inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 12 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle. An emergency door head pad, a minimum of 1 inch by 4 inches of foam rubber, shall be installed on the interior of the vehicle to extend the width of the door opening.</text> </paragraph> <paragraph num="(4)"> <text>The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than 400 square inches in the upper portion and not less than 300 square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body.</text> </paragraph> <paragraph num="(5)"> <text>The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side, and shall open only outward. Control from the operator's seat may not be permitted.</text> </paragraph> <paragraph num="(6)"> <text>The emergency door shall be equipped with a slide bar, cam-operated latch which shall have a minimum stroke of 1 inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the operator's compartment which shall clearly indicate the unlatching of this door to the seated driver when the engine is running. A cut-off switch, except through the ignition switch, may not be installed in the circuit. The switch shall be enclosed and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interior handle which shall be capable of quick release but shall be protected against accidental release.</text> </paragraph> <paragraph num="(7)"> <text>There may not be steps leading to the emergency door.</text> </paragraph> <paragraph num="(8)"> <text>The outside handle shall be nondetachable and so designed as to minimize hitching.</text> </paragraph> <paragraph num="(9)"> <text>The engine starting system of a bus may not operate if any emergency exit is locked from either inside or outside the bus.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Emergency Windows.</text> <paragraph num="(1)"> <text>Side emergency windows shall be labeled “EMERGENCY EXIT” in letters at least 2 inches high located directly above the emergency exit on both the inside and outside surfaces of the bus.</text> </paragraph> <paragraph num="(2)"> <text>A distinctive audible signal, automatically operated, shall clearly indicate to the seated driver when the engine is running the unlatching of any emergency window. A cut-off switch, except through the ignition switch, may not be installed in the circuit.</text> </paragraph> <paragraph num="(3)"> <text>The rear emergency window shall be designed to be opened from both the inside and the outside and shall be equipped with an air or gas-assisted mechanism to assist in opening.</text> </paragraph> <paragraph num="(4)"> <text>The words “Emergency Exit” shall be in letters at least 2 inches high above a rear exit window on the inside and above or below the window on the outside of the vehicle.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Operating Instructions. Concise operating instructions describing the motions necessary to unlatch and open the emergency window shall be:</text> <paragraph num="(1)"> <text>Of a color that contrasts with the letters background; and</text> </paragraph> <paragraph num="(2)"> <text>Located within 6 inches of the release mechanism on the inside surface of the vehicle.</text> </paragraph> <paragraph num="(3)"> <text>A decal containing the precise operating instructions may be placed on any Emergency Exit window. The decal shall be transparent except for the lettering.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Roof Vent/Emergency Exit. At least one roof vent/emergency exit shall be installed and be:</text> <paragraph num="(1)"> <text>Adjustable;</text> </paragraph> <paragraph num="(2)"> <text>Equipped with a release handle inside and outside to permit the ventilator cover to hinge open for emergency exit;</text> </paragraph> <paragraph num="(3)"> <text>Labeled “EMERGENCY EXIT” in letters at least 2 inches high on the inside and outside of the vehicle followed by precise operating instructions; and</text> </paragraph> <paragraph num="(4)"> <text>Roof vents may be equipped with a distinctive audible signal.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".33" heading="Step-Well Service Door."> <paragraph num="A."> <text>The step risers shall be approximately equal in height with the upper riser not more than 15 inches in height.</text> </paragraph> <paragraph num="B."> <text>The surface of steps shall be completely covered with a nonskid material having 1-1/2 inch white nosing, fire-resistant, nonskid wear-resistant, and rubber step treads, which shall have a minimum overall thickness of 0.1875 inch.</text> </paragraph> <paragraph num="C."> <text>The steps shall be enclosed to prevent accumulation of ice and snow and may not protrude beyond the width of the body.</text> </paragraph> <paragraph num="D."> <text>The step well shall be illuminated by at least one lamp providing white light actuated automatically by the opening of the door.</text> </paragraph> <paragraph num="E."> <text>The lower step shall be not less than 12 inches and not more than 16 inches above the level on which the unloaded bus rests.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".34" heading="Stop Signal Arm."> <text>A second stop signal arm may be installed on the left outside of the body and shall be installed as close as practicable to the rear of the bus.</text> </regulation> <regulation prefix="Regulation" num=".34-1" heading="Crossing Arm."> <paragraph num="A."> <text>A crossing arm may be installed on the far right of the front bumper. The crossing arm:</text> <paragraph num="(1)"> <text>Shall be securely bolt-mounted;</text> </paragraph> <paragraph num="(2)"> <text>Shall be easily removable for towing;</text> </paragraph> <paragraph num="(3)"> <text>Shall be activated simultaneously with the stop arm;</text> </paragraph> <paragraph num="(4)"> <text>May not open more than 90 degrees;</text> </paragraph> <paragraph num="(5)"> <text>Shall extend a minimum of 66 inches from the front of the bumper when activated;</text> </paragraph> <paragraph num="(6)"> <text>May not have sharp edges or projections which may cause injury to students; and</text> </paragraph> <paragraph num="(7)"> <text>Shall be air, vacuum, or electrically operated and may not have lights.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Interrupt Switch.</text> <paragraph num="(1)"> <text>A crossing arm interrupt switch may be installed on the dash near the control box for the alternating flashing lights.</text> </paragraph> <paragraph num="(2)"> <text>Pressing the switch shall stop the arm from opening for a full cycle and the arm shall recycle after the alternating flashing lights have been deactivated.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".35" heading="Undercoating."> <text>The entire underside of the vehicle body and front fenders, including floor members and side panels below floor level, shall be coated with a fire-resistant undercoating material applied by spray method at least 1/8-inch thick in order to seal, deaden sound, insulate, and prevent oxidation. Fiberglass construction is exempt from undercoating requirements.</text> </regulation> <regulation prefix="Regulation" num=".36" heading="Wheel Housing."> <paragraph num="A."> <text>The body shall provide coverage of the two dual rear wheels and tires or be equipped with suitable protectors of metal or substantial flexible extensions. When extensions are provided, they shall meet the requirements of COMAR 11.14.04.10.</text> </paragraph> <paragraph num="B."> <text>The wheel housing opening shall allow for easy tire removal and service. Rear wheel housing shall be shielded with a metal splash guard on the front and rear of rear wheel wells.</text> </paragraph> <paragraph num="C."> <text>The wheel housings shall:</text> <paragraph num="(1)"> <text>Provide clearance for installation and use of tire chains on dual wheels;</text> </paragraph> <paragraph num="(2)"> <text>Be designed to support the seat and passenger loads; and</text> </paragraph> <paragraph num="(3)"> <text>Be attached to the floor sheets in such a manner as to prevent any dust, water, or fumes from entering the body.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The inside height of the wheel housing above the floor line may not exceed 12 inches.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".37" heading="Windshields, Windows, Wipers, and Washers."> <paragraph num="A."> <text>Safety Glass. Glass shall be installed so that the identification mark is legible.</text> </paragraph> <paragraph num="B."> <text>Windshields. The glass in the windshield shall have a horizontal gradient band starting slightly above the line of the operator's vision and gradually decreasing in light transmission to 20 percent or less at the top of the windshield.</text> </paragraph> <paragraph num="C."> <text>Stirrup Steps. There shall be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps.</text> </paragraph> <paragraph num="D."> <text>Windows.</text> <paragraph num="(1)"> <text>Glass in all side windows, doors, and rear windows shall be AS-2 laminated safety sheet.</text> </paragraph> <paragraph num="(2)"> <text>Passenger compartment windows shall be AS-2 or 3 and:</text> <paragraph num="(a)"> <text>Operate freely;</text> </paragraph> <paragraph num="(b)"> <text>Open 9 to 10 1/2 inches from the top only and provide an emergency exit of a least 9 by 22 inches, except that there may be a window that does not open to 9 by 22 inches located next to a side emergency door;</text> </paragraph> <paragraph num="(c)"> <text>Have all exposed edges of glass banded;</text> </paragraph> <paragraph num="(d)"> <text>Be free of window guards or bars either on the inside or outside; and</text> </paragraph> <paragraph num="(e)"> <text>Be metal framed split sash.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The window directly to the left of the driver:</text> <paragraph num="(a)"> <text>Shall be split;</text> </paragraph> <paragraph num="(b)"> <text>Shall slide forward and backward in weather-stripped grooves; and</text> </paragraph> <paragraph num="(c)"> <text>May have an adjustable driver's vent window.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Windshield Wipers. Two automatic, wipers with blades at least 14 inches long with nonglare arms and blades shall clean the maximum possible area of the windshield. The windshield wiper blades and arms shall be heavy duty.</text> </paragraph> <paragraph num="F."> <text>Windshield Washers.</text> <paragraph num="(1)"> <text>Electric windshield washers shall be installed by the body manufacturer.</text> </paragraph> <paragraph num="(2)"> <text>The liquid container may not be less than 70 ounces and shall be of rigid plastic mounted under the hood.</text> </paragraph> <paragraph num="(3)"> <text>Transit-style vehicles may have the liquid container in an enclosed compartment in the driver's area.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".38" heading="Vehicles for Transporting Special Needs Children."> <paragraph num="A."> <text>Vehicles constructed for transporting special needs children shall comply with minimum standards for school vehicles, but because of the use of specialized equipment, certain modifications in these minimum standards may be made.</text> </paragraph> <paragraph num="B."> <text>Special Service Doors.</text> <paragraph num="(1)"> <text>A special single door opening, if provided, shall be located on the right side of the vehicle, far enough to the rear to prevent the open door from obstructing the front right service door. The lift door opening shall accommodate the lift provided.</text> </paragraph> <paragraph num="(2)"> <text>The header over the door area shall be padded.</text> </paragraph> <paragraph num="(3)"> <text>Unless the special door obstructs the service door when open, it shall be hinged at the forward side.</text> </paragraph> <paragraph num="(4)"> <text>If dual doors are used, the doors shall be approximately equal in width and hinged to the side of the vehicle. Each panel shall open outward, and the forward panel shall be provided with an overlapping flange to close the space where the door panels meet. A weather seal shall be provided to close all door edges.</text> </paragraph> <paragraph num="(5)"> <text>A two-point fastening device, which shall be a slide bar or rod, cam activated, and fastened to the header and floor or jamb, shall be used for single doors. If there are double doors, the front door shall have a three-point fastening device, which shall be a slide bar or rod, cam activated, and fastened to the header, floor, and rear door. The rear door shall have at least a one-point fastening device to the header.</text> </paragraph> <paragraph num="(6)"> <text>Doors shall:</text> <paragraph num="(a)"> <text>Be manually operated.</text> </paragraph> <paragraph num="(b)"> <text>Be equipped with a device that will activate an audible signal in the driver's compartment when the door is not closed securely. The signal shall deactivate when the door is fully opened. When the door is closed, the device shall be automatically reset. A visible signal may be installed in addition to the audible signal.</text> </paragraph> <paragraph num="(c)"> <text>Contain a window aligned with the lower line of other windows of the vehicle and approximately the same size as other vehicle windows.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Between the special service door and the service door, there shall be at least one standard size window.</text> </paragraph> <paragraph num="(8)"> <text>When ramps are used, door panels shall extend below the floor line and cover the ramp container opening.</text> </paragraph> <paragraph num="(9)"> <text>Door posts and headers shall be reinforced sufficiently to provide support and strength equivalent to that of other doors.</text> </paragraph> <paragraph num="(10)"> <text>A light shall be placed inside the vehicle to provide light in the area of the special service door, and shall be operated from the door area.</text> </paragraph> </paragraph> <paragraph num="C."> <text>All aisles leading to the emergency door or doors and lift door from the wheelchair area shall be a minimum of 30 inches to permit passage of wheelchairs.</text> </paragraph> <paragraph num="D."> <text>Ramp.</text> <paragraph num="(1)"> <text>If a ramp is used, it shall be of sufficient strength and rigidity to support a minimum of 600 pounds. It shall be equipped with a protective flange on each side to keep a wheelchair on the ramp.</text> </paragraph> <paragraph num="(2)"> <text>The floor of the ramp shall be of nonskid material.</text> </paragraph> <paragraph num="(3)"> <text>If the ramp is hinged, it shall be designed to prevent injury to the ramp operator.</text> </paragraph> <paragraph num="(4)"> <text>A dustproof and waterproof enclosed container shall be provided if the ramp is stored under the floor.</text> </paragraph> <paragraph num="(5)"> <text>The ramp shall be:</text> <paragraph num="(a)"> <text>Of an appropriate weight and equipped with handles to permit one person to put the ramp in place and return it to the storage place.</text> </paragraph> <paragraph num="(b)"> <text>Connected to the vehicle at floor level so as to permit each access of a wheelchair to the floor of the vehicle. When in place, provisions shall be made to secure the ramp to the side of the vehicle without danger of detachment.</text> </paragraph> <paragraph num="(c)"> <text>At least 88 inches long, and the width of the ramp shall conform to the width of the door opening at floor level.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Power Lift (Elevator and Fold-up Platform).</text> <paragraph num="(1)"> <text>If a power lift is used, it shall have a minimum of 600 pounds working capacity. The power lift shall have the capability of power up.</text> </paragraph> <paragraph num="(2)"> <text>The power lift platform shall be at least 26 inches wide and 40 inches long, including guard panels or rails.</text> </paragraph> <paragraph num="(3)"> <text>The power lift platform surface shall be of nonskid material.</text> </paragraph> <paragraph num="(4)"> <text>A self-adjusting steel or equivalent ramp shall be attached to the lift platform and equipped with a skid-resistant surface and safety stop at both ends of the platform.</text> </paragraph> <paragraph num="(5)"> <text>The power lift unit shall be:</text> <paragraph num="(a)"> <text>Controlled from a panel within the vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Adjacent to the lift; and</text> </paragraph> <paragraph num="(c)"> <text>Capable of operation by an attendant standing upon the lift when the lift is in any position.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>A device shall be installed which shall be used to prevent operation of the lift until the doors are opened.</text> </paragraph> <paragraph num="(7)"> <text>Optional Manual Operation. Manual operation shall be provided to raise the lift in the event of power failure.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Wheelchairs. Forward-facing wheelchairs shall be secured by a four-point fastening system.</text> </paragraph> <paragraph num="G."> <text>Grab handles may be provided on each side of the front service doors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".39" heading="Video Cameras."> <text>Video cameras may be installed if the system is:</text> <paragraph num="A."> <text>Approved by the Administration;</text> </paragraph> <paragraph num="B."> <text>Installed securely in an area of the vehicle with no sharp edges;</text> </paragraph> <paragraph num="C."> <text>Located in an area not likely to cause student injury; and</text> </paragraph> <paragraph num="D."> <text>Outside the federal head impact zone.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".40" heading="Safety Detection Systems."> <paragraph num="A."> <text>A safety detection system approved by the Federal Communications Commission may be installed to warn bus drivers of moving objects, such as children, within areas around a school vehicle considered to be most dangerous if the system:</text> <paragraph num="(1)"> <text>Is designed to monitor and warn school bus drivers of moving objects during loading and unloading;</text> </paragraph> <paragraph num="(2)"> <text>Operates automatically;</text> </paragraph> <paragraph num="(3)"> <text>Is activated by extending the stop arm; and</text> </paragraph> <paragraph num="(4)"> <text>Has audible and visual alarms.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The audible alarm shall be volume adjustable to compensate for background noises.</text> </paragraph> <paragraph num="C."> <text>The visual alarm shall be easily visible both at night and in bright sunshine.</text> </paragraph> <paragraph num="D."> <text>The system shall be:</text> <paragraph num="(1)"> <text>Located in the driver's compartment; and</text> </paragraph> <paragraph num="(2)"> <text>Visible to the driver in a seated position.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A delay feature shall be incorporated in the system which will operate the detection unit for a brief period of time after the bus resumes motion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".41" heading="Air Conditioning Systems."> <paragraph num="A."> <text>Air conditioning systems may be installed in school vehicles if:</text> <paragraph num="(1)"> <text>The systems are approved by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>The agency and personnel installing the systems have been certified by the air conditioning manufacturer;</text> </paragraph> <paragraph num="(3)"> <text>There are no sharp edges or protrusions that could injure students;</text> </paragraph> <paragraph num="(4)"> <text>The total vehicle battery capacity is at least 1800 amperes;</text> </paragraph> <paragraph num="(5)"> <text>The vehicle alternator rating is at least 145 amperes; and</text> </paragraph> <paragraph num="(6)"> <text>The system does not contain refrigerant that is:</text> <paragraph num="(a)"> <text>Toxic to persons, or</text> </paragraph> <paragraph num="(b)"> <text>Flammable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>System operating controls, including the on-off and blower switch or switches and the thermostat control or controls, shall be accessible to the driver in a seated position.</text> </paragraph> <paragraph num="C."> <text>Wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear resulting from heat, chafing, vibration, or other factors.</text> </paragraph> <paragraph num="D."> <text>Evaporator cases, lines, and ducting shall be designed so that:</text> <paragraph num="(1)"> <text>All condensation is effectively drained to the exterior of the vehicle below floor level;</text> </paragraph> <paragraph num="(2)"> <text>Under all conditions of vehicle movement they are without leakage on any interior portion of the vehicle;</text> </paragraph> <paragraph num="(3)"> <text>They are inaccessible to passengers; and</text> </paragraph> <paragraph num="(4)"> <text>They do not cross the windows.</text> </paragraph> </paragraph> <paragraph num="E."> <text>System components shall be readily available for servicing.</text> </paragraph> <paragraph num="F."> <text>An air conditioning grill on the exterior shall be the same color as the predominant area in which it is installed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".42" heading="Child Reminder System."> <text>A child reminder system approved by the Administration may be installed. The deactivating switch shall be located on the inside rear most portion of the bus.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)</annotation> <annotation type="History" subtype="Administrative History">Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313</annotation> <annotation type="History" subtype="Administrative History">Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)</annotation> <annotation type="History" subtype="Administrative History">Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General</annotation> <annotation type="History" subtype="Administrative History">Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)</annotation> <annotation type="History" subtype="Administrative History">Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 2, 2001 (28:6 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> </annotations> </chapter> <chapter num="03" heading="Type II School Vehicles — Construction Standards"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter is intended to provide minimum standards for the design, construction, and equipment of Type II school vehicles manufactured for sale in Maryland and is intended to enhance 49 CFR standards.</text> </paragraph> <paragraph num="B."> <text>When CFR standards conflict with Maryland standards, CFR standards shall be used to construct Maryland certified school vehicles.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <paragraph num="A."> <text>In this chapter, the following documents are incorporated by reference.</text> </paragraph> <paragraph num="B."> <text>Documents Incorporated.</text> <paragraph num="(1)"> <text>49 CFR §393.65 All fuel systems, as amended.</text> </paragraph> <paragraph num="(2)"> <text>49 CFR §393.67 Liquid fuel tanks, as amended.</text> </paragraph> <paragraph num="(3)"> <text>49 CFR §393.77 Heaters, as amended.</text> </paragraph> <paragraph num="(4)"> <text>49 CFR §571.101 Controls and displays, as amended.</text> </paragraph> <paragraph num="(5)"> <text>49 CFR §571.102 Transmission shift position sequence, starter interlock, and transmission braking effect, as amended.</text> </paragraph> <paragraph num="(6)"> <text>49 CFR §571.103 Windshield defrosting and defogging systems, as amended.</text> </paragraph> <paragraph num="(7)"> <text>49 CFR §571.104 Windshield wiping and washing systems, as amended.</text> </paragraph> <paragraph num="(8)"> <text>49 CFR §571.105 Hydraulic and electric brake systems, as amended.</text> </paragraph> <paragraph num="(9)"> <text>49 CFR §571.108 Lamps, reflective devices, and associated equipment, as amended.</text> </paragraph> <paragraph num="(10)"> <text>49 CFR §571.111 Rearview mirrors, as amended.</text> </paragraph> <paragraph num="(11)"> <text>49 CFR §571.114 Theft protection and rollaway prevention, as amended.</text> </paragraph> <paragraph num="(12)"> <text>49 CFR §571.116 Motor vehicle brake fluids, as amended.</text> </paragraph> <paragraph num="(13)"> <text>49 CFR §571.119 New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles, as amended.</text> </paragraph> <paragraph num="(14)"> <text>49 CFR §571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity 49 CFR information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) , as amended.</text> </paragraph> <paragraph num="(15)"> <text>49 CFR §571.131 School bus pedestrian safety devices, as amended.</text> </paragraph> <paragraph num="(16)"> <text>49 CFR §571.205 Glazing materials, as amended.</text> </paragraph> <paragraph num="(17)"> <text>49 CFR §571.208 Occupant crash protection, as amended.</text> </paragraph> <paragraph num="(18)"> <text>49 CFR §571.209 Seat belt assemblies, as amended.</text> </paragraph> <paragraph num="(19)"> <text>49 CFR §571.210 Seat belt assembly anchorages, as amended.</text> </paragraph> <paragraph num="(20)"> <text>49 CFR §571.217 Bus emergency exits and window retention and release, as amended.</text> </paragraph> <paragraph num="(21)"> <text>49 CFR §571.220 School bus rollover protection, as amended.</text> </paragraph> <paragraph num="(22)"> <text>49 CFR §571.221 School bus body joint strength, as amended.</text> </paragraph> <paragraph num="(23)"> <text>49 CFR §571.222 School bus passenger seating and crash protection, as amended.</text> </paragraph> <paragraph num="(24)"> <text>49 CFR §571.301 Fuel system integrity, as amended.</text> </paragraph> <paragraph num="(25)"> <text>49 CFR §571.302 Flammability of interior materials, as amended. Repeal effective January 1, 2014 pursuant to Chapter 453, Acts of 2011.</text> </paragraph> <paragraph num="(26)"> <text>49 CFR §571.303 Fuel system integrity of compressed natural gas vehicles, as amended.</text> </paragraph> <paragraph num="(27)"> <text>49 CFR §571.304 Compressed natural gas fuel container integrity, as amended.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Certification."> <paragraph num="A."> <text>A manufacturer, distributor, or dealer of Type II school vehicles that are to be sold or distributed in this State shall certify to the Administration that all vehicles they sell or distribute are in full compliance with the provisions of this chapter. The certification shall be:</text> <paragraph num="(1)"> <text>In a form prescribed by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Filed annually; and</text> </paragraph> <paragraph num="(3)"> <text>Filed before the introduction of a new model.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Supplemental certifications are required before new models are introduced during the current model year.</text> </paragraph> <paragraph num="C."> <text>Metal Certification Plate.</text> <paragraph num="(1)"> <text>A stamped or embossed metal plate certifying that body construction is in compliance with the provisions of this chapter shall be posted by the body manufacturer in the area above the driver's seating position.</text> </paragraph> <paragraph num="(2)"> <text>The metal certification plate shall be visible and, at a minimum, shall contain the body model number followed by “MD” and the manufacturer's name.</text> </paragraph> <paragraph num="(3)"> <text>A tamper-proof, self-adhesive label with a clear surface that will not be damaged by moisture or cleaning solvents may be used in place of the metal plate. Upon return of the damaged or unreadable label, the manufacturer shall supply a new label to the owner.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Bumpers."> <paragraph num="A."> <text>A front bumper shall be provided, and shall:</text> <paragraph num="(1)"> <text>Be painted black;</text> </paragraph> <paragraph num="(2)"> <text>Extend to protect the outer edges of the fenders;</text> </paragraph> <paragraph num="(3)"> <text>Be of sufficient strength to permit pushing another vehicle of comparable weight without permanent deformation; and</text> </paragraph> <paragraph num="(4)"> <text>Be located at a height of between 14 inches and 18 inches when measured from the bottom edge of the bumper to the level surface on which the unloaded bus stands.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A rear bumper shall be provided by the body manufacturer and it shall:</text> <paragraph num="(1)"> <text>Have at least a 7-inch face;</text> </paragraph> <paragraph num="(2)"> <text>Be at least 3/16 inch thick steel, or equivalent material;</text> </paragraph> <paragraph num="(3)"> <text>Be attached directly to the chassis frame with provisions for easy removal;</text> </paragraph> <paragraph num="(4)"> <text>Be constructed so as to prevent hitching to or riding on it;</text> </paragraph> <paragraph num="(5)"> <text>Be of sufficient strength to permit the vehicle to be pushed by another vehicle without permanent distortion;</text> </paragraph> <paragraph num="(6)"> <text>Extend at least 1 inch beyond the rearmost part of the body surface measured at the floor line;</text> </paragraph> <paragraph num="(7)"> <text>Be painted black; and</text> </paragraph> <paragraph num="(8)"> <text>Be located at a height of between 14 inches and 18 inches from the bottom edge to the level surface upon which the unloaded vehicle stands.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Brakes."> <paragraph num="A."> <text>Braking systems may not allow the vehicle to be without operative brakes capable of stopping the vehicle when loaded to manufacturers gross vehicle weight at any legal road speed.</text> </paragraph> <paragraph num="B."> <text>Brake lines shall be:</text> <paragraph num="(1)"> <text>Protected from excessive heat and vibration by means of a heat shield, if necessary; and</text> </paragraph> <paragraph num="(2)"> <text>Installed to prevent chafing, cutting, or stretching.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Brake drums and rotors shall be permanently and plainly marked to clearly indicate, in legible cast or stamped legend, the maximum safe diameter of the drum or minimum safe thickness of the rotor beyond which it may not be used or machined, but shall be discarded.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Drive Train."> <paragraph num="A."> <text>Axles.</text> <paragraph num="(1)"> <text>The front axle and suspension shall be of sufficient capacity to support that portion of the load as would be imposed by the manufacturer's maximum gross vehicle weight rating.</text> </paragraph> <paragraph num="(2)"> <text>The rear suspension assembly shall have a gross weight rating equal to that portion of the load as would be imposed by the manufacturer's maximum gross vehicle weight rating.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Drive Shaft. Each segment of the drive shaft shall be equipped with a suitable guard to prevent accident or injury in the event of its fracture or disconnection.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Electrical (Chassis Wiring)."> <paragraph num="A."> <text>Alternator. The alternator with rectifier shall have an operational rating capable of supplying sufficient electrical power to maintain a fully charged storage battery with all electrical equipment, except the horn, hydraulic lift, and engine starting motor, operating simultaneously while the vehicle is running normally.</text> </paragraph> <paragraph num="B."> <text>Battery.</text> <paragraph num="(1)"> <text>The battery shall:</text> <paragraph num="(a)"> <text>Be of sufficient capacity to supply all electrical requirements; and</text> </paragraph> <paragraph num="(b)"> <text>Have a minimum cold cranking capacity rating of 650 amperes measured at 0°F.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If equipped with a hydraulic lift, the manufacturer shall equip the vehicle with an appropriate heavy duty battery and alternator.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Exhaust System."> <paragraph num="A."> <text>The exhaust system shall include the:</text> <paragraph num="(1)"> <text>Exhaust manifold and gaskets; and</text> </paragraph> <paragraph num="(2)"> <text>Piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and exhaust pipes.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The exhaust system may not extend into the body and shall be attached to the chassis.</text> </paragraph> <paragraph num="C."> <text>Exhaust Pipes:</text> <paragraph num="(1)"> <text>Shall be of nonflexible 16-gauge steel. An Original Equipment Manufacture flexible pipe or its equivalent not longer than 24 inches in length may be used at the front of the system at or near the turbocharger;</text> </paragraph> <paragraph num="(2)"> <text>Shall exit:</text> <paragraph num="(a)"> <text>At the rear of the bus on either the left or right side of the emergency door, or</text> </paragraph> <paragraph num="(b)"> <text>Behind the rear wheel of the bus;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>May not exit under the fuel filler; and</text> </paragraph> <paragraph num="(4)"> <text>May not exit through or be attached to the bumper.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The complete exhaust system shall be:</text> <paragraph num="(1)"> <text>Tight and free from leaks; and</text> </paragraph> <paragraph num="(2)"> <text>Properly insulated from electrical wiring or any combustible part of the bus.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The complete exhaust system may not pass within 12 inches of the gasoline fuel tank or its connections unless a suitable heat baffle is installed between the exhaust system and gasoline fuel tank. A shield is not required between a diesel tank and exhaust.</text> </paragraph> <paragraph num="F."> <text>The exhaust system noise level may not exceed the levels in COMAR 11.14.07.08.</text> </paragraph> <paragraph num="G."> <text>The manufacturer shall provide the proper size exhaust pipes for the vehicle.</text> </paragraph> <paragraph num="H."> <text>Replacement pipes shall be of the same diameter as the pipes provided by the manufacturer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Frame."> <paragraph num="A."> <text>The chassis frame, for a body on chassis type vehicles, shall extend to the rear edge of the rear body cross member.</text> </paragraph> <paragraph num="B."> <text>The body shall be attached to the chassis frame in such a manner as to minimize shifting of the body from the chassis under severe impact.</text> </paragraph> <paragraph num="C."> <text>Alterations.</text> <paragraph num="(1)"> <text>Alterations in the length of the frame may be made only behind the rear hangers of the rear springs or forward of the front hangers of the front springs, or both, and may not be for the purpose of extending the wheelbase.</text> </paragraph> <paragraph num="(2)"> <text>Alterations may be made only if designed and guaranteed either by the original chassis manufacturer or by the company installing the school vehicle body.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Fuel System and Tank."> <paragraph num="A."> <text>Fuel Tank. The fuel tank shall:</text> <paragraph num="(1)"> <text>Have a minimum capacity of 22 gallons;</text> </paragraph> <paragraph num="(2)"> <text>Be filled and vented entirely outside the body; and</text> </paragraph> <paragraph num="(3)"> <text>Have a fill opening located so that accidental fuel spillage will not drip or drain to any part of the exhaust system.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A fuel filter with replaceable element shall be installed between the fuel tank and the engine fuel system.</text> </paragraph> <paragraph num="C."> <text>The fuel lines shall be mounted to obtain maximum possible protection from the chassis frame.</text> </paragraph> <paragraph num="D."> <text>If mounted on the right-hand side, the fill opening shall be equipped with a door.</text> </paragraph> <paragraph num="E."> <text>If a fuel other than gasoline or diesel is used, the fuel system shall meet all applicable federal standards.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Instruments."> <paragraph num="A."> <text>A type II school vehicle shall be equipped with, at a minimum, the following nonglare illuminated instruments and gauges:</text> <paragraph num="(1)"> <text>Ammeter or voltmeter with charge or discharge indication;</text> </paragraph> <paragraph num="(2)"> <text>Fuel gauge;</text> </paragraph> <paragraph num="(3)"> <text>Odometer capable of registering mileage in tenths of a mile;</text> </paragraph> <paragraph num="(4)"> <text>Oil pressure gauge;</text> </paragraph> <paragraph num="(5)"> <text>Speedometer;</text> </paragraph> <paragraph num="(6)"> <text>Upper beam headlamp indicator; and</text> </paragraph> <paragraph num="(7)"> <text>Water temperature gauge.</text> </paragraph> </paragraph> <paragraph num="B."> <text>These instruments and gauges shall be:</text> <paragraph num="(1)"> <text>Mounted so as to allow for easy maintenance and repair; and</text> </paragraph> <paragraph num="(2)"> <text>Positioned so as to be clearly visible to a seated driver.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Steering System."> <paragraph num="A."> <text>Steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when a vehicle is operated with a maximum load at maximum speed.</text> </paragraph> <paragraph num="B."> <text>The steering adjustment mechanism shall be accessible to perform required external adjustments.</text> </paragraph> <paragraph num="C."> <text>Only changes approved by the chassis manufacturer may be made in the steering apparatus.</text> </paragraph> <paragraph num="D."> <text>The steering system design shall provide for lubrication of wear points, if necessary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Suspension (Springs and Shocks)."> <paragraph num="A."> <text>Springs and Suspension Assemblies. Springs and suspension assemblies shall be:</text> <paragraph num="(1)"> <text>Of ample resiliency under all load conditions;</text> </paragraph> <paragraph num="(2)"> <text>Able to sustain the loaded vehicle without evidence of overload; and</text> </paragraph> <paragraph num="(3)"> <text>Designated to carry their proportional share of gross vehicle weight.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Rear Springs. Rear springs shall be of a progressive type.</text> </paragraph> <paragraph num="C."> <text>Front Springs. If leaf-type front springs are used, the stationary eyes shall be protected by a full wrapped leaf in addition to the main leaf.</text> </paragraph> <paragraph num="D."> <text>Shock Absorbers. Two front and two rear double acting shock absorbers compatible with the manufacturer's rated axle capacity shall be provided.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Tires and Rims."> <paragraph num="A."> <text>Tires and rims of proper size and tires with load range commensurate with the chassis manufacturer's gross vehicle weight rating shall be provided.</text> </paragraph> <paragraph num="B."> <text>If the vehicle is equipped with a spare tire and rim, they shall be of the same size as those mounted on the vehicle, and shall be mounted outside the passenger compartment under the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Alternating Flashing Lights."> <paragraph num="A."> <text>Warning Lights. A bus shall be equipped with four red flashing warning lights and four amber flashing warning lights that conform to the same requirements except as to:</text> <paragraph num="(1)"> <text>Color; and</text> </paragraph> <paragraph num="(2)"> <text>Candlepower which shall be at least 2-1/2 times that specified for red flashing warning lights.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Installation. Both red and amber flashing warning lights shall:</text> <paragraph num="(1)"> <text>Be installed so that each amber flashing warning light shall be located near each red flashing warning light, at the same level, but closer to the vertical center line of the vehicle; and</text> </paragraph> <paragraph num="(2)"> <text>Have shields over the warning lights, except those equipped by the manufacturer with Halogen or L.E.D (Light Emitting Diodes). Shields may be of a single type to cover both the red and amber lights and shall be painted black, with a minimum depth of 4 inches.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The system shall be wired so that the amber flashing warning lights are activated only by hand operation, and if activated, are automatically deactivated when the vehicle entrance door is opened.</text> </paragraph> <paragraph num="D."> <text>The red and amber flashing warning lights shall draw an equal current load.</text> </paragraph> <paragraph num="E."> <text>The flashing mechanism shall be capable of carrying the full current load of the signal system in continuous operation.</text> </paragraph> <paragraph num="F."> <text>There shall be red and amber pilot lights which shall go on when the respective red or amber systems are actuated. The appropriate pilots shall either go out or flash at an obvious altered rate if any of the lights in the system are not functioning normally.</text> </paragraph> <paragraph num="G."> <text>Warning Light System. The switches and red and amber pilot lights shall be mounted to the right of the seated driver within easy unobstructed reach in a panel or specific area in the dash and may not be incorporated with other switches.</text> </paragraph> <paragraph num="H."> <text>Signal Lamp System.</text> <paragraph num="(1)"> <text>Master Switch. The amber pilot light and amber flashing lights shall go on, with the master switch on and the entrance door closed, when the momentary switch is depressed.</text> </paragraph> <paragraph num="(2)"> <text>Open Entrance Door. The amber pilot light and amber flashing lights shall go off and the red pilot light and red flashing lights shall go on when the entrance door is opened, and the stop arm and crossing arm, if equipped, shall automatically extend.</text> </paragraph> <paragraph num="(3)"> <text>Close Entrance Door. The red pilot and red flashing lights shall go off, and the stop arm and crossing arm, if equipped, shall retract immediately when the entrance door is closed.</text> </paragraph> <paragraph num="(4)"> <text>Open Entrance Door Without Depressing Momentary Switch. The red pilot light and red flashing lights shall go on, and stop arm and crossing gate, if equipped, shall automatically extend when the entrance door is opened without depressing the momentary switch.</text> </paragraph> <paragraph num="(5)"> <text>With the master switch off, depressing the momentary switch may not activate the amber flashing system. Opening the entrance door with the master switch off may not activate the red flashing signal and stop arm.</text> </paragraph> <paragraph num="(6)"> <text>An override switch shall be provided to permit activation of the red warning lights and red pilot light without opening the service door whether the master switch is in the on or off position.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Installation Requirements.</text> <paragraph num="(1)"> <text>Each flashing light shall be mounted with its axis substantially parallel to the longitudinal axis of the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>Front and rear alternately flashing lights shall be spaced as far apart laterally as practicable.</text> </paragraph> <paragraph num="(3)"> <text>Alternately flashing lights shall be mounted at the front above the windshield and at the rear so that the lower edge of the lens is not lower than the top line of the side window.</text> </paragraph> <paragraph num="(4)"> <text>Vertical and lateral vision of the front and rear alternately flashing warning lights may not be obstructed by any part of the body or lamphouse insofar as standard vehicle body construction permits.</text> </paragraph> <paragraph num="(5)"> <text>The area around each lamp, extending approximately 1 inch outward, shall be painted black.</text> </paragraph> <paragraph num="(6)"> <text>A separate fuse or circuit breaker, adequate to prevent damage to the system in the event of a dead short, shall be provided between the power source and the master switch.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Flashing White Strobe Light."> <paragraph num="A."> <text>A school vehicle may be equipped with a flashing white strobe light on the roof of the vehicle.</text> </paragraph> <paragraph num="B."> <text>The flashing white strobe light:</text> <paragraph num="(1)"> <text>Shall be installed on the roof in a position not further than 1/3 of the body length forward from the rear edge of the roof;</text> </paragraph> <paragraph num="(2)"> <text>Shall have a single clear lens emitting light 360 degrees around its vertical axis;</text> </paragraph> <paragraph num="(3)"> <text>May not extend above the roof more than the maximum legal vehicle height, as set forth in Transportation Article, §24-104(a), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(4)"> <text>Shall be approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a flashing white strobe light is installed, a manual switch and pilot light shall be installed in the driver's compartment to indicate when the light is operating.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Body Construction."> <paragraph num="A."> <text>The body shall be constructed of fire-resistant material and the materials used inside the passenger compartment.</text> </paragraph> <paragraph num="B."> <text>The body shall be reasonably dustproof, gasproof, weathertight, and fume proof, and openings between the chassis and passenger compartment, where applicable, shall be sealed to prevent fumes or gases from entering the vehicle body.</text> </paragraph> <paragraph num="C."> <text>The body manufacturer shall indicate in a permanent and readily visible location on the body the month and year of final completion of the vehicle.</text> </paragraph> <paragraph num="D."> <text>The floor in the passenger compartment shall be level, except in the wheel housing, toeboard, stepwell, fuel fill pipe, and driver's platform areas which shall be constructed of fire resistant material.</text> </paragraph> <paragraph num="E."> <text>Rub Rails.</text> <paragraph num="(1)"> <text>One rub rail shall:</text> <paragraph num="(a)"> <text>Be located approximately at the floor line;</text> </paragraph> <paragraph num="(b)"> <text>Cover the same longitudinal area as the upper rub rail, except at wheel housings; and</text> </paragraph> <paragraph num="(c)"> <text>Extend to the radii of the right and left rear corners of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>One rub rail shall:</text> <paragraph num="(a)"> <text>Be located on each side of the bus approximately at seat level; and</text> </paragraph> <paragraph num="(b)"> <text>Extend from the rear side of the entrance door completely around the bus body, except for the emergency door, to a point of curvature near the outside cowl on the left side.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Both rub rails shall be:</text> <paragraph num="(a)"> <text>At least 4 inches in width;</text> </paragraph> <paragraph num="(b)"> <text>Of 16-gauge steel;</text> </paragraph> <paragraph num="(c)"> <text>Corrugated or ribbed;</text> </paragraph> <paragraph num="(d)"> <text>Attached at each body post and all other upright structural members; and</text> </paragraph> <paragraph num="(e)"> <text>Applied outside the body or outside the body posts, pressed in or snap on rub rails not satisfying this requirement.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>A snow rail, if required, shall be installed the full length of the body skirt.</text> </paragraph> <paragraph num="G."> <text>Snow and floor line rails shall be screwed or huck bolted on and may not be an integral part of the body.</text> </paragraph> <paragraph num="H."> <text>The inside body height shall be 65 inches or more, measured metal to metal, at any point on the longitudinal center line from the front vertical bow to the rear vertical bow.</text> </paragraph> <paragraph num="I."> <text>The vehicle body shall be thermally insulated between the inner and outer panels, ceiling, roof, and walls with proper material to deaden sound and to reduce vibrations to a minimum.</text> </paragraph> <paragraph num="J."> <text>Projections and Exposed Edges.</text> <paragraph num="(1)"> <text>The interior of the vehicle, including the ceiling, shall be free of projections except those required for the installation of equipment approved by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>An inner liner shall be provided on the ceiling and walls.</text> </paragraph> <paragraph num="(3)"> <text>Rearward components shall be lapped over forward components to reduce the likelihood of injury from exposed edges. Exposed edges shall be beaded, hemmed, or flanged.</text> </paragraph> </paragraph> <paragraph num="K."> <text>Storage Compartment. A fire resistant container of adequate strength and capacity for the storage of tire chains, or tow chains and tools for minor emergency repairs, may be provided. If inside, the compartment shall have a cover and be fastened to the floor of the vehicle. A seat cushion may serve as a storage compartment cover.</text> </paragraph> <paragraph num="L."> <text>Ventilation.</text> <paragraph num="(1)"> <text>The body shall be equipped with a suitable controlled ventilating system of sufficient capacity to maintain a proper quantity of air under normal operating conditions, without opening windows except in extremely warm weather.</text> </paragraph> <paragraph num="(2)"> <text>A static type exhaust roof ventilator is required, which:</text> <paragraph num="(a)"> <text>Shall be nonclosable; and</text> </paragraph> <paragraph num="(b)"> <text>May be incorporated into the roof vent or emergency exit.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Book Racks."> <text>Book racks may not be installed in Type II school vehicles.</text> </regulation> <regulation prefix="Regulation" num=".19" heading="Color and Identification (Lettering)."> <paragraph num="A."> <text>Color.</text> <paragraph num="(1)"> <text>The school bus body, including the cowl, hood, and fenders shall be painted a uniform color, National School Bus Yellow. If the window pilasters are visible after the window is installed they also shall be painted National School Bus Yellow. A chrome or manufacturer's gray grill is acceptable and the roof may be painted white. The white painted area may not extend below the top of the marker lights on the sides of the vehicle. The front and rear caps may not be painted white.</text> </paragraph> <paragraph num="(2)"> <text>Body trim, on the exterior of the body, including the bumpers, the emergency door arrow, lamp hoods, and the lettering on the front, rear, and both sides of the body, shall be black. Yellow numbers on the front bumper are acceptable.</text> </paragraph> <paragraph num="(3)"> <text>Rub rails, seat line, and snow rails shall be painted glossy black.</text> </paragraph> <paragraph num="(4)"> <text>Wheel rims shall be black, gray, or silver.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Required Lettering.</text> <paragraph num="(1)"> <text>The lettering described in this section is required and shall be black, block type, and placed according to the appropriate diagrams in Figures 1 through 6.</text> </paragraph> <paragraph num="(2)"> <text>“SCHOOL BUS”.</text> <paragraph num="(a)"> <text>The body of the vehicle shall bear the words “SCHOOL BUS” in capital letters 8 inches by 1 inch, on both the front and rear of the body. This lettering:</text> <paragraph num="(i)"> <text>Shall be placed as high as possible without impairment of its visibility; and</text> </paragraph> <paragraph num="(ii)"> <text>May be on a reflective area 12 inches by 49 inches.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The 12-inch by 49-inch background area may be reduced in size to conform to the contours of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The words “EMERGENCY DOOR” or “EMERGENCY EXIT” in capital letters shall be 2 inches high painted above the door and above the emergency push-out windows, both inside and outside the vehicle.</text> </paragraph> <paragraph num="(4)"> <text>“Operating of Emergency Door or Exit Latch” shall be indicated by a 6-inch high by 3/4-inch wide black arrow indicating direction or release of the door or exit, inside and outside.</text> </paragraph> <paragraph num="(5)"> <text>The identification number shall be 6 inches high by 3/4 inch wide, shall be on all four sides of the vehicle and shall be visible directly from the front, rear, and each side. On the rear of the vehicle, the identification number shall be located above the rear bumper and below the window line. Temporary signage or numbers shall be placed in the second window on the lower glass on each side of the vehicle.</text> </paragraph> <paragraph num="(6)"> <text>If applicable, the name of the local school system shall be on both sides of the vehicle, properly centered, in letters 6 inches high by 1 inch wide.</text> </paragraph> <paragraph num="(7)"> <text>Contractors' and private owners' or operators' names shall be to the rear of the entrance door and at the same approximate location on the left side in letters 2-1/2—3 inches high by 1/4—1/2 inch wide in a 16 inch by 30 inch area.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The following lettering may be used, if required or desired:</text> <paragraph num="(1)"> <text>Address and telephone number of owner, placed to the rear of entrance door and at the same approximate location on the left side, in letters 2-1/2—3 inches high by 1/4—1/2 inch wide;</text> </paragraph> <paragraph num="(2)"> <text>“STOP ON SIGNAL”, in letters 4 inches high below the rear window; and</text> </paragraph> <paragraph num="(3)"> <text>Body manufacturer's name or logo, in letters placed in an area 8 inches by 24 inches above the first passenger window on each side of the vehicle.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Only signs and lettering approved by State law or regulation and any numbers necessary for identification shall appear on the vehicle. Bumper stickers are not permitted. The fleet number may be on the front bumper.</text> </paragraph> <paragraph num="E."> <text>A vehicle titled and registered after April 2002 shall comply with all lettering size and location requirements. If buses are repainted, they shall be relettered in compliance with this regulation.</text> </paragraph> <paragraph num="F."> <text>Lettering shall be painted or applied using vinyl die cut self-adhering letters and numbers.</text> </paragraph> <paragraph num="G."> <text>“Drug Free School Zone” Lettering.</text> <paragraph num="(1)"> <text>If desired, “Drug Free School Zone” may be on the exterior of the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>The lettering shall be:</text> <paragraph num="(a)"> <text>Located under the first window on the service door side or at another approved location near the service door; and</text> </paragraph> <paragraph num="(b)"> <text>2 inches high by 3/8 inch wide.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A decal for the “Drug Free School Zone” may be used provided the background is National School Bus Yellow and the decal is not larger than 8 inches by 18 inches.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Yellow Reflective Tape. Yellow reflective tape at least 1 inch wide and not wider than 6-1/2 inches may be used to form a:</text> <paragraph num="(1)"> <text>Single horizontal line on each side of the bus at the floor line; or</text> </paragraph> <paragraph num="(2)"> <text>Rectangular figure on the rear of the bus body, which shall have its:</text> <paragraph num="(a)"> <text>Vertical lines as close to the sides of the bus as possible without extending over the sides of the bus, and</text> </paragraph> <paragraph num="(b)"> <text>Horizontal lines consisting of one straight line above and near the rear bumper and one at or near the roof line.</text> </paragraph> </paragraph> </paragraph> <paragraph num="I."> <text>The reflective tape specified in §H of this regulation may be applied in a discontinuous fashion so as not to cover any existing or required lettering.</text> </paragraph> <paragraph num="J."> <text>Roof Identification Number. Identification numbers on the roof may be used. If used, they shall be:</text> <paragraph num="(1)"> <text>Located in the most forward section of the roof as possible;</text> </paragraph> <paragraph num="(2)"> <text>Lettered from the left side to the right side of the bus; and</text> </paragraph> <paragraph num="(3)"> <text>18 inches high by 10 inches wide with a 2-3/4 inch stroke.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Electrical — Lamps, Signals, Reflectors, and Fuses."> <paragraph num="A."> <text>Tail and Stop (Brake) Lamps. Two tail and stop lamps having an illuminated area of not less than 19 square inches shall be mounted on the rear of the vehicle at a height not less than 15 inches and not more than 72 inches above the surface on which the unloaded vehicle rests and shall be positioned as far apart as practicable.</text> </paragraph> <paragraph num="B."> <text>Turn Signal Lamps.</text> <paragraph num="(1)"> <text>Turn signal lamps may be independent units and shall be equipped with a four-way hazard warning signal switch to activate simultaneous flashing of the turn signal lamps when needed as a vehicular traffic hazard warning.</text> </paragraph> <paragraph num="(2)"> <text>Surface mounted, amber clearance lamps, with a minimum of 4 candlepower each, shall be mounted on the sides of the body at approximately seat level rub rail height just to the rear of the service door on the right side, and approximately the same location on the left side, and shall be connected to function with the regular turn signal lamps.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Back-Up Lights.</text> <paragraph num="(1)"> <text>Two back-up lights shall be installed to be activated when the gear shift lever is placed in reverse.</text> </paragraph> <paragraph num="(2)"> <text>The lights shall be not less than 4 inches in diameter with a minimum of 32 candlepower and mounted above the bumper and below the window line.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Clearance, Side-Marker, and Identification Lamps.</text> <paragraph num="(1)"> <text>Two red clearance lamps on the rear and two amber clearance lamps on the front shall be mounted as high as practical on the permanent structure of the school bus to indicate extreme width.</text> </paragraph> <paragraph num="(2)"> <text>Two side marker lamps, amber at the front and red at the rear, shall be mounted on each side of the bus.</text> </paragraph> <paragraph num="(3)"> <text>Three red identification lamps shall be mounted on the same level not more than 8 inches apart in the center rear of the body as high as practical, and three amber identification lamps shall be likewise mounted in the center front of the body.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Interior lamps shall adequately illuminate the entire aisle, the emergency passageway, and the stepwell.</text> </paragraph> <paragraph num="F."> <text>Circuits.</text> <paragraph num="(1)"> <text>Wiring shall be arranged in at least ten regular circuits as follows:</text> <paragraph num="(a)"> <text>Head, tail, stop (brake), and instrument panel lamps;</text> </paragraph> <paragraph num="(b)"> <text>Clearance and stepwell lamps;</text> </paragraph> <paragraph num="(c)"> <text>Dome lamps;</text> </paragraph> <paragraph num="(d)"> <text>Starter motor;</text> </paragraph> <paragraph num="(e)"> <text>Ignition and emergency door signal;</text> </paragraph> <paragraph num="(f)"> <text>Turn signal lamps;</text> </paragraph> <paragraph num="(g)"> <text>Alternately flashing red and amber warning signal lamps;</text> </paragraph> <paragraph num="(h)"> <text>Horn and wipers;</text> </paragraph> <paragraph num="(i)"> <text>Heater and defrosters; and</text> </paragraph> <paragraph num="(j)"> <text>Hydraulic or electric lift, if equipped.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The combination circuits listed in §F(1) of this regulation may be subdivided into independent circuits. Each body circuit shall be coded by number or letter at 4 inch intervals or by color. The code shall appear on a diagram of the circuits in a readily accessible location.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Wiring Protection.</text> <paragraph num="(1)"> <text>Wires within the body shall be insulated and protected by a covering of fibrous loom, or its equivalent, which shall protect them from external damage and minimize dangers from short circuits.</text> </paragraph> <paragraph num="(2)"> <text>Whenever wires pass through the body or chassis members, additional protection in the form of a grommet or other appropriate type of insert shall be provided.</text> </paragraph> <paragraph num="(3)"> <text>Exposed wires are not permitted.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Wires shall be fastened securely according to manufacturer requirements, and joints shall be soldered or joined by equally effective connectors.</text> </paragraph> <paragraph num="I."> <text>Switches.</text> <paragraph num="(1)"> <text>A solenoid switch or an electronic control system shall be connected to the ignition switch so that body accessories cannot be operated when the ignition switch is off.</text> </paragraph> <paragraph num="(2)"> <text>The alternating flashing warning lights, wheelchair lift, and electric powered service door, if equipped, may operate independently of the ignition switch.</text> </paragraph> <paragraph num="(3)"> <text>A noise reduction off and on switch shall be installed to permit the driver to shut off the body heater and fan motors. This requirement applies to school vehicles constructed as of the effective date of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Ignition Lock."> <text>A lock key or other device to prevent the vehicle from being set in motion or its engine started by an unauthorized individual, or otherwise contrary to the will of the owner or individual in charge of the vehicle, shall be provided.</text> </regulation> <regulation prefix="Regulation" num=".22" heading="Horns."> <text>A suitable horn or horns providing an audible warning to other highway users at a distance of 300 feet shall be conveniently controlled from the driver's seated position.</text> </regulation> <regulation prefix="Regulation" num=".23" heading="Back-Up Warning Alarm."> <text>An automatic non-variable audible alarm activated when the vehicle is in reverse shall be installed behind the rear axle and be at least 97 decibels.</text> </regulation> <regulation prefix="Regulation" num=".24" heading="Emergency Equipment."> <paragraph num="A."> <text>Fire Extinguisher. The vehicle shall be equipped with at least one 5-pound capacity, pressurized, dry chemical fire extinguisher complete with hose. The extinguisher shall:</text> <paragraph num="(1)"> <text>Be mounted in a bracket located below the window line in the driver's compartment and shall be readily accessible;</text> </paragraph> <paragraph num="(2)"> <text>Be equipped with a pressure gauge mounted on the extinguisher so as to be easily read without moving the extinguisher from its mounted position;</text> </paragraph> <paragraph num="(3)"> <text>Be of a type with a total rating of 2A 10 ABC or greater; and</text> </paragraph> <paragraph num="(4)"> <text>Have an operating mechanism sealed with a type of seal which does not interfere with the use of the fire extinguisher.</text> </paragraph> </paragraph> <paragraph num="B."> <text>First Aid Kit. Type II school vehicles shall carry a weatherproof first aid kit, removable and readily identifiable, mounted in an accessible, nonenclosed location in the driver's compartment. The kit shall contain at a minimum, the contents suggested by the National Standards for School Transportation Specifications and Procedures.</text> </paragraph> <paragraph num="C."> <text>Reflectors and Flares.</text> <paragraph num="(1)"> <text>The vehicle shall be equipped with three red triangular emergency reflectors in a suitable holder located in the driver's area.</text> </paragraph> <paragraph num="(2)"> <text>The vehicle shall be equipped with three 30-minute stand-up lean-to flares stored in a red canister in the driver's area.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A locking device on the storage door for emergency equipment is prohibited.</text> </paragraph> <paragraph num="E."> <text>Body Fluid Clean-Up Kit. Each bus shall have a removable and moisture-proof body fluid clean-up kit. The kit shall be properly mounted in the driver’s compartment and identified as a body fluid clean-up kit.</text> </paragraph> <paragraph num="F."> <text>The safety equipment may be stored in a non-locking compartment that is permanently labeled “Safety Equipment Inside”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Flooring and Floor Covering."> <paragraph num="A."> <text>Underseat Areas. The floor in underseat areas, including the top and side of the wheelhousing, driver's compartment, and toe board, shall be covered with fire-resistant rubber or equivalent floor covering having a minimum overall thickness of 0.125 inch. A molded floor cover over wheel housings is acceptable.</text> </paragraph> <paragraph num="B."> <text>Aisle and Step Areas.</text> <paragraph num="(1)"> <text>Floor covering in the aisle and steps shall be one continuous piece of fire resistant, nonskid, wear resistant, rubber, with a minimum overall thickness of 0.1875 inch.</text> </paragraph> <paragraph num="(2)"> <text>There shall be a heavy-duty, white-nosed, rubber wear plate where the floor covering meets the steps.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Bonding and Seals.</text> <paragraph num="(1)"> <text>Floor covering shall be permanently bonded to the floor.</text> </paragraph> <paragraph num="(2)"> <text>Bonding material or seam sealers shall match the manufacturer's specification to ensure waterproofing.</text> </paragraph> <paragraph num="(3)"> <text>All seams, including those in the front and rear of or over wheel housings, shall be covered with aluminum strips or joined by bonding or welding.</text> </paragraph> <paragraph num="(4)"> <text>Aisle seams shall be located on the aisle side of seat legs and shall be covered with strips made of aluminum or other material as approved by the Administration.</text> </paragraph> <paragraph num="(5)"> <text>Cove or cove molding made of metal or other material as approved by the Administration shall be installed over joints around the sides and rear body wall.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Interior Heaters."> <paragraph num="A."> <text>Heaters shall be of a hot water type.</text> </paragraph> <paragraph num="B."> <text>The heating system shall be capable of maintaining a temperature of not less than 50°F throughout the vehicle at the average minimum January temperature established by the National Weather Service, National Oceanic and Atmospheric Administration, for the area in which the vehicle is to be operated.</text> </paragraph> <paragraph num="C."> <text>Heaters shall bear a name plate attached by the manufacturer which shall indicate the heater rating and which shall constitute certification that the heater performance is as shown on the plate.</text> </paragraph> <paragraph num="D."> <text>Heater hoses shall be adequately supported to guard against excessive wear due to vibration, and may not dangle or rub against the chassis or sharp edges and may not interfere with or restrict the operation of any engine function.</text> </paragraph> <paragraph num="E."> <text>Heater lines inside the passenger compartment shall be shielded to prevent accidental contact or scalding of the driver or passengers.</text> </paragraph> <paragraph num="F."> <text>Dual Heater Installation.</text> <paragraph num="(1)"> <text>Each dual heater installation, if so equipped, shall:</text> <paragraph num="(a)"> <text>Include a shut-off valve on each heater hose located in the engine compartment or under the body to the rear of the right front wheel on each heater hose;</text> </paragraph> <paragraph num="(b)"> <text>Be secured to the underside of the chassis to prevent abrasion or damage; and</text> </paragraph> <paragraph num="(c)"> <text>Be of a type to withstand weathering and abrasion of this exposed location.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>One heater shall be located at the front of the vehicle as original equipment.</text> </paragraph> <paragraph num="(3)"> <text>If an auxiliary heater is used, it shall be located as far to the rear of the passenger compartment as possible.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Combustion Heaters.</text> <paragraph num="(1)"> <text>Combustion heaters are permitted and shall:</text> <paragraph num="(a)"> <text>Have a switch or one-way valve installed at the fuel tank when the fuel line is pressurized to shut off the fuel to the heater in case of a broken line;</text> </paragraph> <paragraph num="(b)"> <text>Have an indicator light in the driver's compartment to alert the driver of a malfunction;</text> </paragraph> <paragraph num="(c)"> <text>Be mounted on the left side of the vehicle in an individual compartment opening from the outside; and</text> </paragraph> <paragraph num="(d)"> <text>Have the exhaust come out the left side of the vehicle under the skirt as close to the rear wheels as possible.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Only combustion heaters approved by the Administration may be installed on school vehicles.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Portable heaters may not be used.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Repealed." /> <regulation prefix="Regulation" num=".28" heading="Mirrors."> <paragraph num="A."> <text>An interior clear view mirror shall be at least 5 by 15 inches to afford a good view of the passengers and the roadway to the rear. If it is not metal backed and framed, the mirror shall be made of laminated safety glass. It shall have rounded corners and protected edges.</text> </paragraph> <paragraph num="B."> <text>Two adjustable exterior, clear view mirrors, framed with black housing, shall be installed on each side of the vehicle.</text> </paragraph> <paragraph num="C."> <text>Fender-Mounted Mirrors.</text> <paragraph num="(1)"> <text>One fender-mounted tripod or solid piece mirror bracket shall be mounted on each front fender.</text> </paragraph> <paragraph num="(2)"> <text>An exterior convex mirror shall be mounted on each front fender to provide a close infield of the vision to eliminate blind spots.</text> </paragraph> <paragraph num="(3)"> <text>A single mirror of a type approved by the Administration in conjunction with the State Department of Education may be used in place of the mirrors in §C(2) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".29" heading="Seats, Crash Barriers, and Interior."> <paragraph num="A."> <text>Passenger Seats.</text> <paragraph num="(1)"> <text>The minimum clearance of all aisles, including the aisle or passageway between seats leading to the emergency door, shall be 12 inches.</text> </paragraph> <paragraph num="(2)"> <text>The forward-most seat on the right side of the vehicle shall be located so as not to interfere with the operator's vision and may not be farther forward than the rear of the operator's seat when adjusted to its rearmost position.</text> </paragraph> <paragraph num="(3)"> <text>The backs of seats of similar size shall be of the same width at the top, of the same height from the floor, and shall slant at the same angle with the floor.</text> </paragraph> <paragraph num="(4)"> <text>Seats shall be forward facing and shall be securely fastened with bolts and nuts to supporting parts of the vehicle.</text> </paragraph> <paragraph num="(5)"> <text>Each seat leg shall be fastened with a minimum of two bolts and nuts.</text> </paragraph> <paragraph num="(6)"> <text>Portable seats may not be used.</text> </paragraph> <paragraph num="(7)"> <text>Aisle supports of seat backs shall be slanted away from the aisle sufficiently to give an aisle clearance of 15 inches at the tops of the seat backs.</text> </paragraph> <paragraph num="(8)"> <text>As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> <paragraph num="(9)"> <text>Seat cushions shall be fastened to the seat structure.</text> </paragraph> <paragraph num="(10)"> <text>Seat covering shall be of minimum 42-ounce or approved equal material.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Operator's Seat.</text> <paragraph num="(1)"> <text>The minimum distance between the steering wheel and the backrest of the operator's seat is 11 inches.</text> </paragraph> <paragraph num="(2)"> <text>The operator's seat shall:</text> <paragraph num="(a)"> <text>Be rigidly positioned;</text> </paragraph> <paragraph num="(b)"> <text>Have fore and aft adjustment of not less than 4 inches, without the use of tools or other devices; and</text> </paragraph> <paragraph num="(c)"> <text>Be fastened to the floor with bolts, nuts, and washers or flanged-head nuts.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Crash Barriers.</text> <paragraph num="(1)"> <text>Crash barriers shall be located on both sides of the aisle in front of the most forward facing seat.</text> </paragraph> <paragraph num="(2)"> <text>On vehicles with the engine inside the front of the body, the minimum distance between the barrier at the rear of the entrance stepwell and the engine cover shall be 14 inches at floor level.</text> </paragraph> <paragraph num="(3)"> <text>As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Sun Visor. An interior adjustable sun visor supported by two brackets not less than 5 inches wide and 15 inches long shall be installed so that it can be turned up to prevent being a hazard when not in use.</text> </paragraph> <paragraph num="E."> <text>Steering Wheel. The steering wheel circumference shall have at least 2 inches of clearance at all points.</text> </paragraph> <paragraph num="F."> <text>Speakers. Ceiling or side mounted speakers shall be flush mounted.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".30" heading="Service Door."> <paragraph num="A."> <text>The service door shall:</text> <paragraph num="(1)"> <text>Be located on the right side near the front in a location which shall provide the seated driver an unobstructed view of the entrance;</text> </paragraph> <paragraph num="(2)"> <text>Have a minimum horizontal opening of 24 inches and a minimum vertical opening of 50 inches;</text> </paragraph> <paragraph num="(3)"> <text>Have a head pad, minimum of 1 inch by 4 inches of foam rubber, on the interior of the vehicle to extend the width of the door opening;</text> </paragraph> <paragraph num="(4)"> <text>Be of the jackknife, accordion, or split type;</text> </paragraph> <paragraph num="(5)"> <text>Be manually or power operated by the seated drive; and</text> </paragraph> <paragraph num="(6)"> <text>Be designed to afford easy release and prevent accidental opening.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The parts of a service door hand lever may not come together so as to shear or crush fingers.</text> </paragraph> <paragraph num="C."> <text>Split-type doors may open outward, but if one section of a folding door opens inward and the other opens outward, the forward section shall open outward.</text> </paragraph> <paragraph num="D."> <text>Vertical closing edges shall be equipped with padding to prevent injury.</text> </paragraph> <paragraph num="E."> <text>The bottom of the lower glass panel may not be more than 10 inches from the top surface of the bottom step.</text> </paragraph> <paragraph num="F."> <text>The top of the upper glass panel may not be more than 3 inches below the interior control cover or head pad.</text> </paragraph> <paragraph num="G."> <text>Manually operated service doors shall be reinforced to support the door control operating mechanism.</text> </paragraph> <paragraph num="H."> <text>Power operated doors shall be:</text> <paragraph num="(1)"> <text>Equipped so as to regulate control and to permit manual operation in case of power failure; and</text> </paragraph> <paragraph num="(2)"> <text>Labeled on the inside in letters at least 1/2 inch high with instructions for emergency opening.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Step Well.</text> <paragraph num="(1)"> <text>Step risers shall be approximately equal in height, with the upper riser not more than 12 inches high.</text> </paragraph> <paragraph num="(2)"> <text>The steps shall be surfaced with a non-skid material with a minimum of 1-1/2 inch white nosing on the steps and where the floor meets the steps as an integral piece.</text> </paragraph> <paragraph num="(3)"> <text>The step well shall be illuminated by at least one lamp providing a white light actuated automatically when the service door is open.</text> </paragraph> <paragraph num="(4)"> <text>The lower step may not be less than 10 inches and not more than 14 inches above the level on which the unloaded vehicle rests.</text> </paragraph> <paragraph num="(5)"> <text>The entrance may be equipped with a running board-type step which does not extend beyond the width of the vehicle body.</text> </paragraph> <paragraph num="(6)"> <text>A step well shall have a grab handle of stainless steel not less than 10 inches in length and be properly secured on the left in an unobstructed location inside the doorway.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".31" heading="Emergency Door."> <paragraph num="A."> <text>Emergency exits shall be in accordance with the requirements of 49 CFR §571.217, with the following additions:</text> <paragraph num="(1)"> <text>The rearmost seats shall be spaced to provide an unobstructed exit; and</text> </paragraph> <paragraph num="(2)"> <text>The words “Emergency Door” shall be 2 inches high by 3/8 inch wide black lettering and shall be applied above the door and emergency push-out windows on the inside and outside of the vehicle. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window.</text> </paragraph> </paragraph> <paragraph num="B."> <text>There shall be a head bumper pad sufficient to reduce the likelihood of injury upon impact installed on the inside of the vehicle at the top of the emergency door. The pad shall:</text> <paragraph num="(1)"> <text>Be 4 inches wide; and</text> </paragraph> <paragraph num="(2)"> <text>Extend across the entire top of the door opening.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Passage to the emergency door shall be kept clear of obstructions.</text> </paragraph> <paragraph num="D."> <text>Slide Bar Latch.</text> <paragraph num="(1)"> <text>The emergency door or doors shall be equipped with a slide bar-type latch which shall extend into or overlap the door frame by not less than 1 inch.</text> </paragraph> <paragraph num="(2)"> <text>If a vertical slide bar latch system is used, it shall simultaneously engage latch plates in both the floor and overhead structure not more than 4-1/2 inches from the opening side of the door or doors.</text> </paragraph> <paragraph num="(3)"> <text>The outside handle of the slide bar latch shall be installed so as to minimize hitching and shall be a nondetachable device.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An automatically operated, distinctive audible signal shall clearly indicate to the seated driver, when the engine is running, the unlatching of the emergency door or doors. A cut-off switch except through the ignition switch may not be installed in the circuit.</text> </paragraph> <paragraph num="F."> <text>The upper and lower portion of a central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than 400 square inches in the upper portion and not less than 300 square inches in the lower portion.</text> </paragraph> <paragraph num="G."> <text>Prohibitions.</text> <paragraph num="(1)"> <text>There may not be steps leading to the emergency door; and</text> </paragraph> <paragraph num="(2)"> <text>The engine starting system of a bus may not operate if any emergency exit is locked from either inside or outside the bus.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".32" heading="Emergency Exit Windows."> <paragraph num="A."> <text>An automatically operated distinctive audible signal shall clearly indicate to the seated driver, when the engine is running, that an emergency window has been unlatched. A cut-off switch except through the ignition switch may not be installed in the circuit.</text> </paragraph> <paragraph num="B."> <text>Operating Instructions.</text> <paragraph num="(1)"> <text>Concise operating instructions describing the motions necessary to unlatch and open the emergency window shall be:</text> <paragraph num="(a)"> <text>Of a color that contrasts with the letters' background; and</text> </paragraph> <paragraph num="(b)"> <text>Located within 6 inches of the release mechanism on the inside surface of the vehicle.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A decal containing the instructions may be placed on the window. The decal shall be transparent except for the lettering.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The emergency window, if provided, shall be labeled “Emergency Exit” in letters 2 inches high located at the top of or directly above the emergency window on both the inside and outside surfaces of the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".33" heading="Roof Vent/Emergency Exit."> <text>At least one roof vent/emergency exit shall be installed and be:</text> <paragraph num="A."> <text>Adjustable;</text> </paragraph> <paragraph num="B."> <text>Equipped with a release handle inside and outside to permit the ventilator cover to hinge open for emergency exit;</text> </paragraph> <paragraph num="C."> <text>Labeled “Emergency Exit” followed by precise operating instructions; and</text> </paragraph> <paragraph num="D."> <text>Equipped with a distinctive audible alarm, if a roof vent.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".34" heading="Stop Signal Arm."> <text>A second stop signal arm may be installed on the left outside of the body and shall be installed as close as practicable to the rear of the bus.</text> </regulation> <regulation prefix="Regulation" num=".35" heading="Crossing Arm."> <paragraph num="A."> <text>A crossing arm may be installed on the far right of the front bumper. The crossing arm:</text> <paragraph num="(1)"> <text>Shall be securely bolt-mounted;</text> </paragraph> <paragraph num="(2)"> <text>Shall be easily removable for towing;</text> </paragraph> <paragraph num="(3)"> <text>Shall be activated simultaneously with the stop arm;</text> </paragraph> <paragraph num="(4)"> <text>May not open more than 90 degrees;</text> </paragraph> <paragraph num="(5)"> <text>Shall extend a minimum of 66 inches from the front of the bumper when activated;</text> </paragraph> <paragraph num="(6)"> <text>May not have sharp edges or projections which may cause injury to students; and</text> </paragraph> <paragraph num="(7)"> <text>Shall be air, vacuum, or electrically operated and may not have lights.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Interrupt Switch.</text> <paragraph num="(1)"> <text>A crossing arm interrupt switch may be installed on the dash near the control box for the alternating flashing lights.</text> </paragraph> <paragraph num="(2)"> <text>Pressing the switch shall stop the arm from opening for a full cycle and the arm shall recycle after the alternating flashing lights have been deactivated.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".36" heading="Undercoating."> <paragraph num="A."> <text>The entire underside of the vehicle body and front fenders, including floor members and side panels below floor level, shall be coated with a fire resistant asphalt based or rubber based undercoating material applied by spray method at least 1/8 inch thick in order to seal, deaden sound, insulate, and prevent oxidation.</text> </paragraph> <paragraph num="B."> <text>Fiberglass construction is exempt from undercoating requirements.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".37" heading="Wheel Housing."> <paragraph num="A."> <text>The wheel housing opening shall allow for easy tire removal and service.</text> </paragraph> <paragraph num="B."> <text>The wheel housing shall be attached to the floor sheets in such a manner as to prevent dust, water, or fumes from entering the body.</text> </paragraph> <paragraph num="C."> <text>The inside height of the wheel housing above the floor line may not exceed 10 inches.</text> </paragraph> <paragraph num="D."> <text>The wheel housing shall provide clearance for the installation and use of tire chains on single and dual, if so equipped, power driving wheels.</text> </paragraph> <paragraph num="E."> <text>No part of a raised wheel housing may extend into the emergency door opening.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".38" heading="Windshields, Windows, Wipers, and Washers."> <paragraph num="A."> <text>Safety Glass. Glass shall be installed so that the identification mark is legible.</text> </paragraph> <paragraph num="B."> <text>Windshields. The windshield shall:</text> <paragraph num="(1)"> <text>Be large enough to permit the operator to see the highway clearly;</text> </paragraph> <paragraph num="(2)"> <text>Be slanted to reduce glare; and</text> </paragraph> <paragraph num="(3)"> <text>Be installed between front corner posts that are so designed and located as to afford a minimum of obstruction to the operator's view of the highway.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Stirrup Steps. There may be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps.</text> </paragraph> <paragraph num="D."> <text>Windows.</text> <paragraph num="(1)"> <text>Glass in passenger compartment side windows, doors, and rear windows shall be AS-2 or AS-3 laminated safety glass.</text> </paragraph> <paragraph num="(2)"> <text>Passenger compartment windows shall:</text> <paragraph num="(a)"> <text>Operate freely;</text> </paragraph> <paragraph num="(b)"> <text>Open 9—10-1/2 inches from the top only and provide an emergency exit of at least 9 inches by 22 inches;</text> </paragraph> <paragraph num="(c)"> <text>Have all exposed edges of glass banded;</text> </paragraph> <paragraph num="(d)"> <text>Be free of window guards or bars either on the inside or outside; and</text> </paragraph> <paragraph num="(e)"> <text>Be aluminum-framed split sash.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Windshield Wipers.</text> <paragraph num="(1)"> <text>Automatic, variable, two speed or intermittent windshield wipers with nonglare arms and blades shall be installed so as to clean the maximum possible area of the windshield.</text> </paragraph> <paragraph num="(2)"> <text>The windshield wiper blades and arms shall:</text> <paragraph num="(a)"> <text>Be heavy-duty; and</text> </paragraph> <paragraph num="(b)"> <text>Be at least 14 inches long.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".39" heading="Video Cameras."> <text>A video camera system may be installed if the system is:</text> <paragraph num="A."> <text>Approved by the Administration;</text> </paragraph> <paragraph num="B."> <text>Installed securely in an area of the vehicle with no sharp edges;</text> </paragraph> <paragraph num="C."> <text>Located in an area not likely to cause student injury; and</text> </paragraph> <paragraph num="D."> <text>Outside the federal head impact zone, as defined in 49 CFR §571.222.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".40" heading="Safety Detection Systems."> <paragraph num="A."> <text>A safety detection system approved by the Federal Communications Commission may be installed to warn bus drivers of moving objects such as children within areas around a school vehicle considered to be most dangerous, if the system:</text> <paragraph num="(1)"> <text>Is designed to monitor and warn school bus drivers of moving objects during loading and unloading;</text> </paragraph> <paragraph num="(2)"> <text>Operates automatically;</text> </paragraph> <paragraph num="(3)"> <text>Is activated by extending the stop arm; and</text> </paragraph> <paragraph num="(4)"> <text>Has audible and visual alarms.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The audible alarm volume shall compensate for background noises.</text> </paragraph> <paragraph num="C."> <text>The visual alarm shall be easily visible both at night and in bright sunshine.</text> </paragraph> <paragraph num="D."> <text>The system shall be located in the driver's compartment and be visible to the driver in a seated position.</text> </paragraph> <paragraph num="E."> <text>A delay feature shall be incorporated in the system which shall operate the detection unit for a brief period of time after the bus resumes motion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".41" heading="Air Conditioning Systems."> <paragraph num="A."> <text>Air conditioning systems may be installed in school vehicles if:</text> <paragraph num="(1)"> <text>The systems are approved by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>The agency and personnel installing the systems have been certified by the air conditioning manufacturer;</text> </paragraph> <paragraph num="(3)"> <text>There are no sharp edges or protrusions that could injure students;</text> </paragraph> <paragraph num="(4)"> <text>The total vehicle battery capacity is of sufficient amperes to supply all electrical requirements;</text> </paragraph> <paragraph num="(5)"> <text>The vehicle alternator rating is at least 130 amperes; and</text> </paragraph> <paragraph num="(6)"> <text>The system does not contain refrigerant that is toxic to individuals or is flammable.</text> </paragraph> </paragraph> <paragraph num="B."> <text>System operating controls, including the on-off and blower switch or switches and the thermostat control or controls, shall be accessible to the driver in a seated position.</text> </paragraph> <paragraph num="C."> <text>Wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear resulting from heat, chafing, vibration, or other factors.</text> </paragraph> <paragraph num="D."> <text>Evaporator cases, lines and ducting shall be designed so that condensation is effectively drained to the exterior of the vehicle below floor level and under all conditions of vehicle movement without leakage on any interior portion of the vehicle. Evaporator cases, lines, and ducting shall be inaccessible to passengers.</text> </paragraph> <paragraph num="E."> <text>System components shall be readily available for servicing.</text> </paragraph> <paragraph num="F."> <text>An air conditioning grill on the exterior shall be the same color as the predominant area in which it is installed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".42" heading="Air Cleaners."> <text>The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications.</text> </regulation> <regulation prefix="Regulation" num=".43" heading="Child Reminder System."> <text>A child reminder system approved by the Administration may be installed. The deactivating switch shall be located on the inside rear-most portion of the bus.</text> </regulation> <annotations> <annotation type="Authority">Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: April 17, 1981 (8:8 Md. R. 722)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)</annotation> <annotation type="History" subtype="Administrative History">Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)</annotation> <annotation type="History" subtype="Administrative History">Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> <annotation type="History" subtype="Administrative History">Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)</annotation> </annotations> </chapter> <chapter num="04" heading="School Vehicle Inspection"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>A school vehicle as defined in Transportation Article, §11-154, Annotated Code of Maryland, is subject to the inspection program set forth in this chapter.</text> </paragraph> <paragraph num="B."> <text>Except for school vehicles owned by a board of education, a school vehicle owner or school vehicle lessee shall submit, on a form approved by the Administration, a list of its school vehicles and the names and addresses of the boards of education or private or parochial schools, or both, to which students are transported. Changes in the required list shall be reported to the Administration within 10 days of the effective change.</text> </paragraph> <paragraph num="C."> <text>At any time during regular Administration or school business hours, the Administration may:</text> <paragraph num="(1)"> <text>Audit school vehicle inspection operations and records; and</text> </paragraph> <paragraph num="(2)"> <text>Conduct school vehicle inspections.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Board of Education” means a local public school system.</text> </paragraph> <paragraph num="(3)"> <text>“Certification” means a signed statement, made under penalty of perjury, on a form provided by the Administration.</text> </paragraph> <paragraph num="(4)"> <text>“Head start vehicle” has the meaning defined in Transportation Article, §11-154(a)(2)(iii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Head start vehicle inspection” means an annual Type A inspection of a head start vehicle completed by an inspection mechanic at an authorized Maryland State Inspection facility.</text> </paragraph> <paragraph num="(6)"> <text>“Inspection mechanic” means an individual that is licensed by the Administration or Automotive Safety Enforcement Division to perform vehicle safety inspections on a specific class of vehicles.</text> </paragraph> <paragraph num="(7)"> <text>“Major defect” means damage or wear which is cause for rejection under COMAR 11.14.02 or 11.14.04, and other damage, wear, or missing equipment or part which may make the vehicle unfit or unsafe for the transportation of passengers.</text> </paragraph> <paragraph num="(8)"> <text>“Minor defect” means damage or wear not specified as a major defect.</text> </paragraph> <paragraph num="(9)"> <text>“MVA compliance agent” means an authorized representative of the Administration's Vehicle Inspection Services Division.</text> </paragraph> <paragraph num="(10)"> <text>“School vehicle” has the meaning defined in Transportation Article, §11-154, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“School vehicle repair order” means a written order to repair defective equipment on a school vehicle, issued by a MVA compliance agent.</text> </paragraph> <paragraph num="(12)"> <text>“Type A inspection” means an inspection of a school vehicle that includes the inspection of the items set forth in COMAR 11.14.02 and 11.14.04 for Type I and Type II school vehicles.</text> </paragraph> <paragraph num="(13)"> <text>“Type B inspection” means an inspection of a school vehicle that includes the inspection of all items in a Type A inspection, except those which require removing the wheels of the school vehicle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="School Vehicle Inspection Procedures."> <paragraph num="A."> <text>Type A Inspections. During each 12-month period, the owner of a school vehicle shall submit to the Administration a certification that a Type A inspection was completed by the owner, or the owner's representative, within the previous 12 months.</text> </paragraph> <paragraph num="B."> <text>Type B Inspections.</text> <paragraph num="(1)"> <text>In addition to the Type A inspection required under §A of this regulation, school vehicles shall receive a Type B inspection two times a year.</text> </paragraph> <paragraph num="(2)"> <text>The Board of Education shall perform the Type B inspection on school vehicles owned or contracted to them.</text> </paragraph> <paragraph num="(3)"> <text>Other school vehicles shall be inspected by the owner or the owner's representative.</text> </paragraph> <paragraph num="(4)"> <text>One Type B inspection shall be:</text> <paragraph num="(a)"> <text>Observed and recorded by an MVA compliance agent; and</text> </paragraph> <paragraph num="(b)"> <text>Witnessed by the:</text> <paragraph num="(i)"> <text>Supervisor of transportation, or the supervisor's authorized representative, for school vehicles publicly owned or under contract to a Board of Education, or</text> </paragraph> <paragraph num="(ii)"> <text>Owner, or the owner's authorized representative, for school buses owned by or under contract to a private or parochial school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(5)"> <text>Type B Inspection Scheduling.</text> <paragraph num="(a)"> <text>Type B inspections shall be scheduled at least 60 days apart.</text> </paragraph> <paragraph num="(b)"> <text>The Administration shall schedule:</text> <paragraph num="(i)"> <text>One of the Type B inspections for school vehicles publicly owned, or under contract to, a Board of Education; and</text> </paragraph> <paragraph num="(ii)"> <text>All Type B inspections for school vehicles operating for private or parochial schools.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>The other Type B inspection for school vehicles publicly owned and school vehicles under contract to the Board of Education shall be scheduled by the Board of Education's transportation supervisor.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>The Board of Education's transportation supervisor shall notify the Administration, in writing, of the date and location of the inspections of all school vehicles publicly owned or under contract with the Board of Education.</text> </paragraph> <paragraph num="(7)"> <text>For school vehicles used to transport students to a private or parochial school, the school's transportation supervisor or the owner of the school vehicles shall notify the Administration, in writing, of the inspection locations.</text> </paragraph> <paragraph num="(8)"> <text>Major Defects.</text> <paragraph num="(a)"> <text>If a major defect that cannot be immediately corrected is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall:</text> <paragraph num="(i)"> <text>Issue a school vehicle equipment repair order;</text> </paragraph> <paragraph num="(ii)"> <text>Suspend the school vehicle's registration; and</text> </paragraph> <paragraph num="(iii)"> <text>Confiscate the school vehicle's plates.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If a major defect is discovered and corrected during an inspection, the MVA compliance agent shall record the defect and note that it was corrected during the inspection.</text> </paragraph> <paragraph num="(c)"> <text>Vehicle Removed From Service.</text> <paragraph num="(i)"> <text>If a major defect that cannot be immediately corrected is discovered during an inspection not observed by an MVA compliance agent, the Administration shall be notified immediately and the vehicle shall be removed from service.</text> </paragraph> <paragraph num="(ii)"> <text>The Administration may suspend the registration of a vehicle removed from service and confiscate the vehicle registration plates.</text> </paragraph> <paragraph num="(iii)"> <text>When all major defects are corrected, the school vehicle owner or the Board of Education may return the vehicle to service if the Administration has not suspended the vehicle's registration.</text> </paragraph> <paragraph num="(iv)"> <text>If the Administration has suspended the vehicle's registration, the school vehicle owner or the Board of Education shall arrange for an inspection by an MVA compliance agent.</text> </paragraph> <paragraph num="(v)"> <text>The Administration shall return the registration plates when the school vehicle successfully passes reinspection.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(9)"> <text>Minor Defects.</text> <paragraph num="(a)"> <text>If a minor defect is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall issue a school vehicle equipment repair order.</text> </paragraph> <paragraph num="(b)"> <text>When all minor defects on publicly owned school vehicles are corrected, the local supervisor of transportation or the supervisor's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected, and shall return the school vehicle equipment repair order to the Administration within 30 days of the inspection.</text> </paragraph> <paragraph num="(c)"> <text>When all minor defects on non-publicly owned school vehicles are corrected, the owner of the vehicles or the owner's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected and return the school vehicle equipment repair order to the Administration within 30 days of the inspection.</text> </paragraph> <paragraph num="(d)"> <text>Failure to correct all minor defects and certify that they have been corrected, or to return the school vehicle equipment repair order to the Administration within 30 days, shall result in the suspension of the school vehicle's registration.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Head Start Vehicle Inspection. During each 12-month period, the owner of a head start vehicle shall submit to the Administration a certification that a head start vehicle inspection was completed by an inspection mechanic at an authorized Maryland State Inspection facility.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Removal of Unsafe School Vehicle from Service."> <text>A mechanically unfit or otherwise unsafe school vehicle, including a school vehicle found to have a major defect that was not immediately corrected during an inspection, shall be removed from service by:</text> <paragraph num="A."> <text>The owner;</text> </paragraph> <paragraph num="B."> <text>The Supervisor or Director of Transportation, if the vehicle is under contract with the Board of Education;</text> </paragraph> <paragraph num="C."> <text>An MVA compliance agent; or</text> </paragraph> <paragraph num="D."> <text>An agent or employee of the persons identified in §§A and B of this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Transmittal of Certifications."> <paragraph num="A."> <text>Certifications of inspection shall be sent to the Administration within 10 days of the inspection.</text> </paragraph> <paragraph num="B."> <text>Failure to forward the required certification under this regulation may result in a suspension of the school vehicle's registration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="School Vehicles Manufactured Before April, 1977."> <paragraph num="A."> <text>Every 12 months the Administration shall schedule three inspections for a school vehicle manufactured before April, 1977. These inspections shall be conducted as follows:</text> <paragraph num="(1)"> <text>For a Type I or Type II school vehicle:</text> <paragraph num="(a)"> <text>Two Type B inspections shall be conducted by a MVA compliance agent; and</text> </paragraph> <paragraph num="(b)"> <text>One Type A inspection shall be conducted by a licensed State inspection station or a school vehicle inspection station that is certified by the Administration.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a head start vehicle:</text> <paragraph num="(a)"> <text>Two Type B inspections shall be conducted by an MVA compliance agent; and</text> </paragraph> <paragraph num="(b)"> <text>One head start vehicle inspection shall be conducted by an inspection mechanic at an authorized Maryland State Inspection facility.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Type B Inspection.</text> <paragraph num="(1)"> <text>The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection.</text> </paragraph> <paragraph num="(2)"> <text>The vehicle owner’s mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection.</text> </paragraph> <paragraph num="(3)"> <text>The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="School Vehicles Over 12 Years Old."> <paragraph num="A."> <text>A school vehicle over 12 model or calendar years old, after initial registrations:</text> <paragraph num="(1)"> <text>Shall, at the end of the 12th year, have:</text> <paragraph num="(a)"> <text>For a Type I or Type II school vehicle, an Inspection certification or a Type A inspection performed by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration; or</text> </paragraph> <paragraph num="(b)"> <text>For a head start vehicle, a head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is subject to the following annual inspection requirements:</text> <paragraph num="(a)"> <text>For a Type I or II school vehicle:</text> <paragraph num="(i)"> <text>One Inspection certification or a Type A inspection conducted by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration;</text> </paragraph> <paragraph num="(ii)"> <text>One Type B inspection conducted by an MVA compliance agent; and</text> </paragraph> <paragraph num="(iii)"> <text>One Type B inspection conducted by the owner or the owner’s authorized representative: or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For a head start school vehicle:</text> <paragraph num="(i)"> <text>One head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility;</text> </paragraph> <paragraph num="(ii)"> <text>One Type B inspection conducted by an MVA compliance agent; and</text> </paragraph> <paragraph num="(iii)"> <text>One Type B inspection conducted by the owner or the owner’s authorized representative.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Type B inspection conducted by the owner or the owner’s representative under §A(2)(a)(iii) or §A(2)(b)(iii) of this regulation shall be conducted and certified as specified in Regulation .03 of this chapter.</text> </paragraph> <paragraph num="C."> <text>When a Type B inspection is conducted by a MVA compliance agent under §A(2)(a)(ii) or §A(2)(b)(ii) of this regulation:</text> <paragraph num="(1)"> <text>The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection;</text> </paragraph> <paragraph num="(2)"> <text>The vehicle owner's mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection; and</text> </paragraph> <paragraph num="(3)"> <text>The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Temporary Repair Tags."> <paragraph num="A."> <text>When suspending a school vehicle registration, the Administration may issue a 30-day temporary repair tag for the sole purpose of transporting a vehicle to and from a garage, repair shop, or automotive repair facility.</text> </paragraph> <paragraph num="B."> <text>A temporary repair tag may not be issued for:</text> <paragraph num="(1)"> <text>Vehicles that are suspended for failure to repair minor defects within 30 days; or</text> </paragraph> <paragraph num="(2)"> <text>A vehicle with a defect that would cause the vehicle to be unsafe to drive to a repair facility.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The temporary registration may not be used for passenger transportation, except for auto mechanics, engineers, school officials, licensed dealers, or factory representatives involved in the diagnoses of mechanical defects or the test driving of the school vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Records Retention."> <text>Copies of inspection records and certifications for inspections not observed by the Administration shall be maintained by the:</text> <paragraph num="A."> <text>Board of Education for a school vehicle owned or under contract with the Board of Education for as long as the school vehicle is owned by or under contract with the Board of Education; or</text> </paragraph> <paragraph num="B."> <text>School vehicle owner for a school vehicle owned by or operated for a private or parochial school for as long as the owner owns the school vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="School Vehicle Tag Certification."> <paragraph num="A."> <text>School vehicles shall be acceptance inspected for registration by:</text> <paragraph num="(1)"> <text>An MVA compliance agent; or</text> </paragraph> <paragraph num="(2)"> <text>The supervisor or director of transportation of a local school system or a representative appointed by the supervisor or director of transportation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>After completing the acceptance inspection of a school vehicle, the MVA compliance agent shall:</text> <paragraph num="(1)"> <text>If submitting the inspection certification in paper form to the Administration:</text> <paragraph num="(a)"> <text>Complete the prenumbered inspection certification in ink;</text> </paragraph> <paragraph num="(b)"> <text>Issue the white copy of the inspection certification to the school vehicle owner; and</text> </paragraph> <paragraph num="(c)"> <text>Return one copy of the certification to the Administration’s Vehicle Inspection Services Division; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Submit electronically to the Administration’s Vehicle Inspection Services Division.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The school vehicle owner shall submit the original inspection certification to the Administration when applying for tags. Copies of the inspection certification may not be accepted.</text> </paragraph> <paragraph num="D."> <text>If an original inspection certification is lost, a duplicate shall be issued and cross-reference shall be made to the original certification.</text> </paragraph> <paragraph num="E."> <text>If an original inspection certification is damaged, incorrect, or illegible:</text> <paragraph num="(1)"> <text>All copies shall be marked VOID and returned to the Administration's Vehicle Inspection Services Division; and</text> </paragraph> <paragraph num="(2)"> <text>A duplicate shall be issued and cross-reference shall be made to the original certification.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The supervisor or director of transportation of the local school system shall:</text> <paragraph num="(1)"> <text>Submit inspection certifications as follows:</text> <paragraph num="(a)"> <text>If submitting the inspection certification in paper form to the Administration:</text> <paragraph num="(i)"> <text>Issue the inspection certification in strict numbered sequence;</text> </paragraph> <paragraph num="(ii)"> <text>Maintain strict security of unused inspection certifications in a locked safe, cabinet, or desk;</text> </paragraph> <paragraph num="(iii)"> <text>Ensure that only designated personnel have access to the inspection certifications;</text> </paragraph> <paragraph num="(iv)"> <text>Immediately notify the Administration if any inspection certifications are stolen, lost, or destroyed; and</text> </paragraph> <paragraph num="(v)"> <text>Make certifications available for audit by the Administration during duty hours of the school system involved; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Submit electronically; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Notify the Administration when any change in the supervisor or director of transportation position is made.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The Vehicle Inspection Services Division shall notify the Administration’s Vehicle Registration Section not to accept stolen, lost, or destroyed certifications, which the Administration is notified of, under §F(1)(a)(iv) of this regulation.</text> </paragraph> <paragraph num="H."> <text>The administrative penalties for failure to comply with this regulation are:</text> <paragraph num="(1)"> <text>Confiscation of all inspection certification forms by the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>Suspension of the authority of the supervisor or director of transportation and their representative to issue inspection certification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Head Start Vehicle."> <text>Pursuant to Transportation Article, §11-154, Annotated Code of Maryland, school vehicles may be registered in Maryland that were originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state. These vehicles shall comply with regulations on transporting children enrolled in the federally funded Head Start program adopted by the United States Department of Health and Human Services. These Vehicles are to be used solely for transporting children to and from a Head Start program.</text> <paragraph num="A."> <text>Head start vehicle owners shall:</text> <paragraph num="(1)"> <text>Have a head start vehicle inspection conducted for the initial registration and annually thereafter by an inspection mechanic at an authorized Maryland State Inspection facility.</text> </paragraph> <paragraph num="(2)"> <text>Be issued a School Vehicle Tag Certification (Form EP-216) for tags after being acceptance inspected by the Administration for compliance with COMAR Construction Standards 11.19.02.20 Color and Identification (Lettering) in addition to all equipment necessary for Head Start Transportation in the Code of Federal Regulations, Title 45, §1310.</text> </paragraph> <paragraph num="(3)"> <text>Submit a School Vehicle Contract Certification (EP-211) written contract certification to the Administration that the vehicle used for Head Start transportation will only be transporting children to and from a Head Start program.</text> </paragraph> <paragraph num="(4)"> <text>Be issued a Head Start Vehicle registration plate that is centrally issued by the Administration pursuant to Transportation Article, §13-420, Annotated Code of Maryland, after approval from the School Vehicle Safety Section.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A head start vehicle shall be constructed with materials that enable it to meet all criteria of the school bus seat upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent National Congress on School Transportation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)</annotation> </annotations> </chapter> <chapter num="05" heading="School Vehicle Drivers"> <regulation prefix="Regulation" num=".01" heading="Physical Examination."> <paragraph num="A."> <text>A school vehicle driver shall pass a physical examination before employment and once during each 12 months of employment.</text> </paragraph> <paragraph num="B."> <text>The physical examination under §A of this regulation shall be conducted by a medical examiner as defined in the Federal Motor Carrier Safety Regulations, 49 CFR §390.5, which is incorporated by reference.</text> </paragraph> <paragraph num="C."> <text>A licensed optometrist may perform as much of the medical examination as pertains to visual acuity, field of vision, and ability to recognize colors as specified in 49 CFR §391.41(b)(10), which is incorporated by reference.</text> </paragraph> <paragraph num="D."> <text>The medical examination shall be conducted in accordance with 49 CFR §391.43, which is incorporated by reference.</text> </paragraph> <paragraph num="E."> <text>Except as provided in Regulation .01-1A of this chapter, a school vehicle driver shall meet the same physical qualifications required for drivers under 49 CFR §391.41(b), which is incorporated by reference, except that the physical disqualification waiver provisions of 49 CFR §391.49 do not apply.</text> </paragraph> <paragraph num="F."> <text>The medical examiner shall:</text> <paragraph num="(1)"> <text>Record the results of the medical examination on forms approved by the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Forward the results of the medical examination to the driver's employer or owner of the school vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>Complete a medical examiner's certificate for individuals qualified to drive a school vehicle.</text> </paragraph> </paragraph> <paragraph num="G."> <text>For drivers who do not hold a Maryland license the employer or owner of the school vehicle shall:</text> <paragraph num="(1)"> <text>Maintain and keep on file a copy of the driving record that has been issued within the past 12 months; and</text> </paragraph> <paragraph num="(2)"> <text>Record the issuance date of the medical examiner’s certificate to ensure that a medical exam has occurred as required under §A of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Monitor the driver in a license monitoring system, if available, in the state where their license is issued.</text> </paragraph> </paragraph> <paragraph num="H."> <text>For drivers who hold a Maryland license, the employer or owner of the school vehicle shall:</text> <paragraph num="(1)"> <text>Maintain and keep on file a copy of the driving record that has been issued within the past 12 months;</text> </paragraph> <paragraph num="(2)"> <text>Record the issuance date of the medical examiner’s certificate to ensure that a medical exam has occurred as required under §A of this regulation; and</text> </paragraph> <paragraph num="(3)"> <text>Monitor the driver in a license monitoring system approved by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Authorized Passengers."> <text>A school vehicle driver may not permit any person on any school vehicle unless the person is authorized by the Board of Education or the parochial or private school.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1973</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective January 23, 1981 (8:2 Md. R. 116)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01 amended and .01-1 adopted as an emergency provision effective November 20, 1987 (14:25 Md. R. 2656); emergency status expired March 18, 1988; adopted permanently effective April 4, 1988 (15:7 Md. R. 850)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective July 22, 2002 (29:14 Md. R. 1075)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01G amended effective March 2, 2026 (53:4 Md. R. 185)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01H adopted effective March 2, 2026 (53:4 Md. R. 185)</annotation> </annotations> </chapter> <chapter num="06" heading="Use of Nonschool Vehicles by Schools or Licensed Child Care Centers"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>These regulations apply to Class A and Class M vehicles:</text> <paragraph num="A."> <text>Designed to carry 15 individuals or less, including the driver;</text> </paragraph> <paragraph num="B."> <text>Not registered as school vehicles as defined in Transportation Article, §11-154(a), Annotated Code of Maryland; and</text> </paragraph> <paragraph num="C."> <text>Used to transport children between one or more schools or licensed child care centers, or to and from designated areas approved by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Class A vehicle” means a passenger car or station wagon.</text> </paragraph> <paragraph num="(3)"> <text>“Class M vehicle” means a multipurpose passenger vehicle.</text> </paragraph> <paragraph num="(4)"> <text>“Designated area” means an area approved by the Administration for the pickup and discharge of children.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Color."> <text>Vehicles covered by these regulations may not be painted national school bus yellow or any closely approximate color.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Identification."> <paragraph num="A."> <text>A 4 x 4 inch identification sticker with yellow background and black lettering, issued by the Administration, shall be placed on an approved nonschool vehicle.</text> </paragraph> <paragraph num="B."> <text>The identification sticker shall be affixed to the lower right hand corner of the rear window.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Designated Areas."> <paragraph num="A."> <text>Schools and licensed child care centers shall apply to the Administration for approval of a location designated for the pickup or discharge of children transported in vehicles specified in Regulation .01 of this chapter.</text> </paragraph> <paragraph num="B."> <text>In approving a location for children to embark or exit, the Administration may not allow operators of vehicles covered by these regulations to:</text> <paragraph num="(1)"> <text>Stop to pick up or discharge a child on any highway where the speed limit is over 35 miles per hour;</text> </paragraph> <paragraph num="(2)"> <text>Require or permit a child to cross a traffic lane in a parking lot or driveway used by the public for vehicular traffic; or</text> </paragraph> <paragraph num="(3)"> <text>Require or permit a child to cross any roadway in order to board or exit the vehicle.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 18, 1993 (20:1 Md. R. 28)</annotation> </annotations> </chapter> <chapter num="07" heading="Testing of Equipment on School Vehicles"> <regulation prefix="Regulation" num=".01" heading="Pilot Testing Program."> <text>Notwithstanding the requirements of COMAR 11.19.02 and 11.19.03, the Administration may authorize the testing of equipment that would otherwise not meet the requirements of those chapters.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Equipment” means those furnishings or apparatus which improve vehicle safety or passenger comfort when installed on a school vehicle after manufacture.</text> </paragraph> <paragraph num="(3)"> <text>“Section” means the School Vehicle Safety Section, Division of Driver Licensing and School Vehicle Safety, Motor Vehicle Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Testing Requests."> <paragraph num="A."> <text>A school bus owner, board of education, or manufacturer shall submit a written request to the Administration for equipment to be tested. The request shall contain:</text> <paragraph num="(1)"> <text>The name, manufacturer, and model number of the equipment to be tested;</text> </paragraph> <paragraph num="(2)"> <text>The vehicle identification number and name of the owner of the vehicle in which the equipment will be installed;</text> </paragraph> <paragraph num="(3)"> <text>A complete set of instructions and diagrams showing how the equipment shall be installed; and</text> </paragraph> <paragraph num="(4)"> <text>A list of persons outside the State who may be testing or using the equipment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval or Rejection of Testing Request. The Administration shall:</text> <paragraph num="(1)"> <text>Issue a written approval or rejection for each test request; and</text> </paragraph> <paragraph num="(2)"> <text>Specify a time period for each approved testing request.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Testing of Equipment."> <paragraph num="A."> <text>Equipment that is prohibited by federal or State law may not be tested.</text> </paragraph> <paragraph num="B."> <text>Equipment that may pose a danger to the public may not be tested.</text> </paragraph> <paragraph num="C."> <text>Equipment may not be tested on vehicles that are mechanically unfit and unsafe to be operated on the highway.</text> </paragraph> <paragraph num="D."> <text>The Administration may place further restrictions on certain equipment, if necessary.</text> </paragraph> <paragraph num="E."> <text>Approvals. Equipment may not be installed on a vehicle without the written approval of the:</text> <paragraph num="(1)"> <text>Administration; and</text> </paragraph> <paragraph num="(2)"> <text>Director of transportation, if the vehicle is operating for a public school system.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Testing Conditions."> <paragraph num="A."> <text>Vehicles.</text> <paragraph num="(1)"> <text>A vehicle being used to test equipment shall be inspected and approved by the Section before the test period begins.</text> </paragraph> <paragraph num="(2)"> <text>Testing is limited to the vehicle or vehicles specified in the approval.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may limit the number of units of the same type and manufacturer to be tested.</text> </paragraph> <paragraph num="C."> <text>Test Period.</text> <paragraph num="(1)"> <text>The Administration may specify test periods of different lengths for different types of equipment.</text> </paragraph> <paragraph num="(2)"> <text>The test period shall start immediately after installation of the equipment.</text> </paragraph> <paragraph num="(3)"> <text>At or before the end of the test period, the Administration may:</text> <paragraph num="(a)"> <text>Extend the test period;</text> </paragraph> <paragraph num="(b)"> <text>Approve the equipment being tested for use on school vehicles operating in the State;</text> </paragraph> <paragraph num="(c)"> <text>Reject the equipment being tested for use on school vehicles operating in the State;</text> </paragraph> <paragraph num="(d)"> <text>Require the owner to remove the equipment being tested from the school vehicle for safety reasons; or</text> </paragraph> <paragraph num="(e)"> <text>Allow the equipment being tested to remain on the school vehicle or vehicles approved for the test without approval, as long as the equipment does not pose a danger to the public.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Approval."> <text>If the Administration approves the equipment being tested, the Administration shall propose regulations to authorize the installation of the equipment on school vehicles in the State.</text> </regulation> <regulation prefix="Regulation" num=".07" heading="Reports."> <paragraph num="A."> <text>The school bus owner, board of education, or manufacturer shall submit detailed reports on the performance of the equipment to the Section every 3 months, and shall include in the reports the manufacturer, model, and date of installation of the equipment.</text> </paragraph> <paragraph num="B."> <text>In addition to the reports required in §A of this regulation, the Administration may require other reports the Administration may consider necessary.</text> </paragraph> <paragraph num="C."> <text>If the vehicle is sold, the seller shall give copies of all reports, certifications, and correspondence concerning the equipment to the purchaser or purchasers of the vehicle.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: February 15, 1993 (20:3 Md. R. 260)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)</annotation> </annotations> </chapter> <chapter num="08" heading="Certified School Vehicle Inspection Facilities for Vehicles 12 Years Old or Older"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Certification” means a statement made under penalty of perjury, on a form provided by the Administration, which is evidence that a school bus complies with the standards established by the Administration.</text> </paragraph> <paragraph num="(3)"> <text>“Certified facility” means a facility which has been certified by the Administration to perform inspections and issue certificates.</text> </paragraph> <paragraph num="(4)"> <text>“Certified inspector” means an inspector who is certified by the Administration to perform school bus inspections and sign certifications.</text> </paragraph> <paragraph num="(5)"> <text>“Immediate family” means mother, father, brother, sister, son, daughter, and spouse, including relationships established by adoption or marriage.</text> </paragraph> <paragraph num="(6)"> <text>“Owner of a certified facility” means an individual who owns or controls more than 5 percent of the facility.</text> </paragraph> <paragraph num="(7)"> <text>“School bus” means a bus over 12 years old which is:</text> <paragraph num="(a)"> <text>National school bus yellow;</text> </paragraph> <paragraph num="(b)"> <text>Registered as a school bus; and</text> </paragraph> <paragraph num="(c)"> <text>Equipped with a warning light system.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Type A inspection” means an inspection of a school vehicle that includes the inspection of the items set forth in COMAR 11.14.02 and 11.14.04 for Type I and Type II school vehicles.</text> </paragraph> <paragraph num="(9)"> <text>“Type B inspection” means an inspection of school vehicles which includes all items in a Type A inspection, except those which require pulling of wheels of the school vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope of Duties."> <paragraph num="A."> <text>A certified facility may conduct a Type A or Type B inspection of a school bus.</text> </paragraph> <paragraph num="B."> <text>A certified facility may not conduct an inspection of its own school vehicles.</text> </paragraph> <paragraph num="C."> <text>A certified facility may not conduct an inspection of buses owned by members of the owner of the certified facility's immediate family.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Certifying Requirements for a Facility."> <text>Before the Administration certifies a school bus inspection station to conduct inspections of school vehicles, the owner of the facility shall submit a written request for certification and the facility shall be inspected by the Administration before the issuance of certification.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Certification of Inspectors."> <paragraph num="A."> <text>An applicant seeking certification to conduct inspections in a certified facility shall submit an application to the Administration on a form required by the Administration.</text> </paragraph> <paragraph num="B."> <text>The application shall indicate the background of the applicant, including the education and experience of the applicant.</text> </paragraph> <paragraph num="C."> <text>An applicant shall:</text> <paragraph num="(1)"> <text>Provide evidence of a minimum of 2 years experience in vehicle mechanics;</text> </paragraph> <paragraph num="(2)"> <text>Pass the written test for inspector of school vehicles administered by the Administration or the Maryland State Police;</text> </paragraph> <paragraph num="(3)"> <text>Pass a practical test administered by the Administration; and</text> </paragraph> <paragraph num="(4)"> <text>Pass a law test in which the inspector shall demonstrate familiarity with the regulations governing the inspection of school vehicles.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Facility Requirements."> <paragraph num="A."> <text>A certified facility shall:</text> <paragraph num="(1)"> <text>Have a garage with a concrete floor and a minimum dimension of 15 feet wide and 45 feet long; and</text> </paragraph> <paragraph num="(2)"> <text>Be equipped with:</text> <paragraph num="(a)"> <text>A wheel dolly for removing wheels from a bus,</text> </paragraph> <paragraph num="(b)"> <text>A minimum of four heavy-duty jack stands and one 12-ton hydraulic jack or air jack, and</text> </paragraph> <paragraph num="(c)"> <text>The proper tools for removing wheels, drums, and rotors from the bus, including drum and disc micrometers.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>A certified facility's inspection area shall be free of work benches, displays, machines, shelves, stairways, or other obstructions which could create a hazard.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Responsibilities of Owner."> <paragraph num="A."> <text>An owner of a certified facility is responsible for the activities of certified inspectors and other persons employed by the certified facility.</text> </paragraph> <paragraph num="B."> <text>A certified inspector may conduct inspections of school buses only at the station which employs the certified inspector.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Responsibilities of Certified Facilities."> <paragraph num="A."> <text>A certified facility shall:</text> <paragraph num="(1)"> <text>Maintain the following records for all school buses inspected:</text> <paragraph num="(a)"> <text>Owner's name, address, telephone number,</text> </paragraph> <paragraph num="(b)"> <text>Year and make of bus, including make of body,</text> </paragraph> <paragraph num="(c)"> <text>VIN number,</text> </paragraph> <paragraph num="(d)"> <text>Bus number,</text> </paragraph> <paragraph num="(e)"> <text>Tag number, and</text> </paragraph> <paragraph num="(f)"> <text>Odometer reading;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Permit only certified inspectors to perform inspections and sign certifications;</text> </paragraph> <paragraph num="(3)"> <text>Notify the Administration if any changes to the inspection area have been made;</text> </paragraph> <paragraph num="(4)"> <text>Issue certificates only after a complete inspection has been performed; and</text> </paragraph> <paragraph num="(5)"> <text>Notify the Administration if a certified inspector's employment with the certified facility ends.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A certified facility shall use only those forms provided by the Administration for school vehicle inspections.</text> </paragraph> <paragraph num="C."> <text>When a school vehicle fails an inspection, and the vehicle is removed from the inspection station, the certified facility shall notify the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Causes for Revocation of Certification."> <text>A certification may be suspended or revoked if:</text> <paragraph num="A."> <text>The owner of the certified facility or a certified inspector or other individual employed by the owner of a certified facility fails to comply with any requirements of this chapter or COMAR 11.19.04;</text> </paragraph> <paragraph num="B."> <text>An applicant for certification misrepresents any material fact in an application submitted to the Administration;</text> </paragraph> <paragraph num="C."> <text>The owner of the certified facility or a certified inspector misrepresents any material fact in a certificate submitted to the Administration;</text> </paragraph> <paragraph num="D."> <text>The owner of the certified facility or a certified inspector fails to perform an inspection for which a certificate has been submitted; or</text> </paragraph> <paragraph num="E."> <text>A school vehicle is certified which does not meet the standards established in COMAR 11.14.02 and 11.14.04.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 14, 1994 (21:5 Md. R. 404)</annotation> </annotations> </chapter> </subtitle> <subtitle num="20" heading="Motor Vehicle Administration — Motorcycle Safety Program"> <chapter num="01" heading="Motorcycle Safety Training Centers"> <regulation prefix="Regulation" num=".01" heading="Motorcycle Safety Training Centers—Purpose."> <text>This chapter establishes the minimum requirements and procedures for the approval and operation of motorcycle safety training centers as authorized under Transportation Article, §16-604, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Motorcycle Safety Training Centers—Scope."> <text>This chapter applies to all motorcycle safety training centers as defined under Transportation Article, §16-601, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Course registration fee” means the total fee paid by an individual to participate in Administration approved motorcycle safety courses.</text> </paragraph> <paragraph num="(3)"> <text>“Curriculum provider” means an organization approved by the MVA with an expertise in motorcycle rider training such as the Motorcycle Safety Foundation.</text> </paragraph> <paragraph num="(4)"> <text>“Instructor” means an individual approved by the Administration to teach the classroom and range sessions of Administration approved motorcycle safety courses at training centers.</text> </paragraph> <paragraph num="(5)"> <text>“Instructor trainer” means an individual trained and approved by the Administration to conduct approved instructor certification courses.</text> </paragraph> <paragraph num="(6)"> <text>“Motorcycle safety course” means a series of instructional units approved by the Administration to teach individuals to operate a motorcycle on public roadways.</text> </paragraph> <paragraph num="(7)"> <text>“Training center” means a facility that has met the Administration's requirements for conducting approved motorcycle safety courses.</text> </paragraph> <paragraph num="(8)"> <text>“Training center coordinator” means an individual responsible for the day-to-day operations of a training center.</text> </paragraph> <paragraph num="(9)"> <text>“Training center operator” means an individual, partnership, company, corporation, educational institution, or government entity that is approved by the Administration to operate a training center.</text> </paragraph> <paragraph num="(10)"> <text>“Training motorcycle” means a motorcycle approved by the Administration for use in approved motorcycle safety courses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Approval to Operate a Training Center."> <paragraph num="A."> <text>As authorized under Transportation Article, §16-603, Annotated Code of Maryland, the Administration may organize and operate training centers, including a mobile training center.</text> </paragraph> <paragraph num="B."> <text>As authorized under Transportation Article, 16-601 and 16-603, Annotated Code of Maryland, the Administration shall approve and designate the operator of an independent training center.</text> </paragraph> <paragraph num="C."> <text>A State or community college, State university, an agency of a political subdivision, or any other organization or person that is a resident of the State, as defined under Transportation Article, §11-149, Annotated Code of Maryland, may be approved and designated to operate an independent training center.</text> </paragraph> <paragraph num="D."> <text>Individuals applying for approval to operate an independent training center shall have the following minimum qualifications:</text> <paragraph num="(1)"> <text>Be at least 21 years old;</text> </paragraph> <paragraph num="(2)"> <text>Have a high school certificate of graduation or equivalent; and</text> </paragraph> <paragraph num="(3)"> <text>Have not been convicted of a crime of moral turpitude unless satisfactory rehabilitation has taken place.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Approval to operate an independent training center may be obtained by submitting an application to the Administration in the form required by the Administration.</text> </paragraph> <paragraph num="F."> <text>In addition to the information required to be entered upon the application, the application shall be accompanied by all of the following:</text> <paragraph num="(1)"> <text>Written evidence acceptable to the Administration from the local zoning authorities, departments of health, sanitation, and fire inspection that the area designated for use as the independent training center is in compliance with all necessary zoning, health, sanitation, and fire codes;</text> </paragraph> <paragraph num="(2)"> <text>A schedule of the planned courses that includes tentative dates and time periods;</text> </paragraph> <paragraph num="(3)"> <text>A list that includes the full name and identification numbers of Administration approved instructors who have agreed to teach the scheduled courses; and</text> </paragraph> <paragraph num="(4)"> <text>Copies of insurance certificates verifying appropriate coverage for liability, property damage, and workers' compensation required by Regulation .07 of this chapter.</text> </paragraph> </paragraph> <paragraph num="G."> <text>The application shall be signed and certified by an authorized representative of the company, corporation, educational institution, or government entity making application.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Awarding Contracts to Independent Training Centers."> <paragraph num="A."> <text>The Administration shall award and terminate contracts to use a facility as a training center according to COMAR Title 21.</text> </paragraph> <paragraph num="B."> <text>The contract shall be in the format prescribed by the Administration and may not exceed a term of 24 months.</text> </paragraph> <paragraph num="C."> <text>Upon termination of a contract, the operator of the independent training center shall return to the Administration all remaining equipment and unused materials provided through the contract.</text> </paragraph> <paragraph num="D."> <text>Upon receipt of the application for the awarding of a contract, and when satisfied that the independent training center qualifies, the Administration may award a contract to the independent training center.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Termination of an Independent Training Center Contract."> <paragraph num="A."> <text>If an operator intends to terminate the operation of the independent training center for which a contract was issued, the operator shall notify the Administration, in writing, a minimum of 30 days before the planned termination date.</text> </paragraph> <paragraph num="B."> <text>The Administration may terminate the contract if the operator violates the regulations, policies, or procedures governing the operation of an independent training center. Before a decision to terminate the contract, the Administration may schedule a hearing with the operator to review any complaints or violations, or both.</text> </paragraph> <paragraph num="C."> <text>Immediately upon termination of the contract, the operator of the independent training center shall surrender to the Administration the independent training center's student records and fees paid by students pertaining to the operation of the independent training center, and all unused funds provided through an Administration contract.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Insurance Coverage for an Independent Training Center."> <paragraph num="A."> <text>The operator of an independent training center shall obtain insurance coverage, in an amount required by the Administration, written by a Maryland licensed insurance company that includes, but is not limited to, the following insurance coverage for the students and instructors, and the training center equipment and facilities:</text> <paragraph num="(1)"> <text>Workers’ compensation; and</text> </paragraph> <paragraph num="(2)"> <text>General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The required insurance coverage shall be maintained for the entire term of the contract.</text> </paragraph> <paragraph num="C."> <text>The operator of the independent training center shall immediately inform the Administration of any changes in this insurance coverage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Designation and Approval of Location and Facilities for Independent Training Centers."> <paragraph num="A."> <text>An independent training center's location and facilities shall be approved by the Administration before awarding a contract.</text> </paragraph> <paragraph num="B."> <text>An independent training center's facilities shall include but are not limited to:</text> <paragraph num="(1)"> <text>An office area;</text> </paragraph> <paragraph num="(2)"> <text>A classroom, if required by the curriculum;</text> </paragraph> <paragraph num="(3)"> <text>A range area; and</text> </paragraph> <paragraph num="(4)"> <text>A storage area for the training motorcycles, equipment, and materials.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Office Area for an Independent Training Center."> <paragraph num="A."> <text>A business office of a training center shall:</text> <paragraph num="(1)"> <text>Be its principal place of business having a legal Maryland address;</text> </paragraph> <paragraph num="(2)"> <text>Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards for use as a business office;</text> </paragraph> <paragraph num="(3)"> <text>Be equipped with:</text> <paragraph num="(a)"> <text>A telephone with either voicemail or an answering machine; and</text> </paragraph> <paragraph num="(b)"> <text>A computer with email access;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Clearly identify and display the training center’s name on an exterior sign, a lobby listing, or interior door sign;</text> </paragraph> <paragraph num="(5)"> <text>Be open for business to the public and open for inspection by the Administration during posted business hours; and</text> </paragraph> <paragraph num="(6)"> <text>Be clean, orderly, and suitable for conducting business.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An independent training center’s business office shall be inspected and approved by the Administration before opening.</text> </paragraph> <paragraph num="C."> <text>An independent training center’s business office being relocated within the same building or being moved to a different site shall be inspected and approved by the Administration before being used by the training center as a business office.</text> </paragraph> <paragraph num="D."> <text>The following shall be prominently displayed in the training center business office:</text> <paragraph num="(1)"> <text>Office hours;</text> </paragraph> <paragraph num="(2)"> <text>Fees for courses and remedial or additional training;</text> </paragraph> <paragraph num="(3)"> <text>Procedure for obtaining refunds from the training center; and</text> </paragraph> <paragraph num="(4)"> <text>Procedures for filing complaints about the training center with the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An office shall be in a permanent building at a fixed location with a legal business address.</text> </paragraph> <paragraph num="F."> <text>A portable structure, pre-engineered building, or mobile home is a permanent building if it:</text> <paragraph num="(1)"> <text>Is installed on a permanent foundation with conventional utility hookups; and</text> </paragraph> <paragraph num="(2)"> <text>Has been approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="G."> <text>If the physical design of a building requires that the classroom and adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Classroom Requirements."> <paragraph num="A."> <text>Classrooms, if required by the curriculum, shall be inspected and approved by the Administration before being used for instruction.</text> </paragraph> <paragraph num="B."> <text>A classroom shall:</text> <paragraph num="(1)"> <text>Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;</text> </paragraph> <paragraph num="(2)"> <text>Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards, for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests;</text> </paragraph> <paragraph num="(3)"> <text>Meet the Americans with Disabilities Act (ADA) requirements;</text> </paragraph> <paragraph num="(4)"> <text>Have adequate student seating and writing surfaces, an instructor’s desk or podium, and room for storage of materials;</text> </paragraph> <paragraph num="(5)"> <text>Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are being conducted;</text> </paragraph> <paragraph num="(6)"> <text>Be clean, orderly, and suitable for conducting instruction; and</text> </paragraph> <paragraph num="(7)"> <text>Be free from visible or audible activities other than instructional activities.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A portable structure, pre-engineered building, or mobile home is a permanent building if it:</text> <paragraph num="(1)"> <text>Is installed on a permanent foundation with conventional utility hookups; and</text> </paragraph> <paragraph num="(2)"> <text>Has been approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A classroom being relocated within the same building and a classroom being moved to a different site shall be inspected and approved by the Administration before being used for instruction.</text> </paragraph> <paragraph num="E."> <text>If the physical design of the building requires that a classroom and an adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Range Area."> <paragraph num="A."> <text>The range area shall meet the requirements of the curriculum provider, which include but are not limited to:</text> <paragraph num="(1)"> <text>A paved area that is as flat and level as possible;</text> </paragraph> <paragraph num="(2)"> <text>Free from traffic and parked motor vehicles when courses are in session;</text> </paragraph> <paragraph num="(3)"> <text>Free from surface hazards or obstacles that may interfere with the riding exercises, or create an unsafe condition for the students or instructors;</text> </paragraph> <paragraph num="(4)"> <text>Large enough to set up and paint down the required riding exercises specified in the approved curriculums; and</text> </paragraph> <paragraph num="(5)"> <text>Near adequate restroom facilities for men and women.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The range shall be equipped with:</text> <paragraph num="(1)"> <text>An approved Class A-B-C fire extinguisher;</text> </paragraph> <paragraph num="(2)"> <text>A minimum of number of cones as specified in the curriculum;</text> </paragraph> <paragraph num="(3)"> <text>An Occupational Safety and Health Administration approved first aid kit;</text> </paragraph> <paragraph num="(4)"> <text>A minimum of one training motorcycle per participating student in a course and one spare training motorcycle for each six students participating in the range portions of the course;</text> </paragraph> <paragraph num="(5)"> <text>A supply of gasoline, oil, and tools to operate and maintain the training motorcycles;</text> </paragraph> <paragraph num="(6)"> <text>A minimum of two stop watches;</text> </paragraph> <paragraph num="(7)"> <text>A supply of drinking water for the course participants; and</text> </paragraph> <paragraph num="(8)"> <text>Equipment and supplies to remove debris and, if necessary, standing water from the range area.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Storage Area."> <text>The storage area shall:</text> <paragraph num="A."> <text>Comply with required fire safety codes and standards;</text> </paragraph> <paragraph num="B."> <text>Be large enough to store all the training motorcycles and equipment; and</text> </paragraph> <paragraph num="C."> <text>Provide reasonable security for the motorcycles and equipment against theft and vandalism, and protection from the weather.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Training Center Coordinator."> <paragraph num="A."> <text>The operator of a training center shall employ an individual to serve as a training center coordinator who shall be responsible for the day-to-day management of the training center.</text> </paragraph> <paragraph num="B."> <text>The training center coordinator shall be responsible for maintaining the required records and have signature authority to sign documents submitted to the Administration.</text> </paragraph> <paragraph num="C."> <text>The training center coordinator shall participate in all training sessions and meetings required by the Administration for training center coordinators.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Employing Motorcycle Safety Instructors."> <paragraph num="A."> <text>The operator of a training center shall:</text> <paragraph num="(1)"> <text>Employ instructors approved by the Administration to teach the approved motorcycle safety courses; and</text> </paragraph> <paragraph num="(2)"> <text>Keep records of the credentials of the instructors working for them.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Student to Instructor Ratio.</text> <paragraph num="(1)"> <text>The maximum student to instructor ratio for the classroom sessions is as set forth in the training center contract.</text> </paragraph> <paragraph num="(2)"> <text>The maximum student to instructor ratio for the range sessions in a course is as set forth in the training center contract.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Only instructors approved by the Administration shall be assigned responsibility for instructional and student supervision activities during a course.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Approval and Designation of Motorcycle Safety Curriculums."> <paragraph num="A."> <text>The Administration shall approve and designate the curriculums to be used in the motorcycle safety courses offered by the training centers.</text> </paragraph> <paragraph num="B."> <text>The training centers shall use Administration approved and designated curriculums for all approved motorcycle safety courses.</text> </paragraph> <paragraph num="C."> <text>Training Curriculums.</text> <paragraph num="(1)"> <text>The approved and designated curriculums shall include classroom and range sessions taught in the sequence designated by the Administration.</text> </paragraph> <paragraph num="(2)"> <text>The range sessions shall include motorcycle riding exercises that each student enrolled in the course shall complete.</text> </paragraph> <paragraph num="(3)"> <text>The curriculums shall specify the minimum amount of time each student shall complete in the classroom sessions and in the range sessions riding a motorcycle, and the minimum performance test scores for successfully completing the courses.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration shall approve and designate curriculums for training beginning and experienced riders.</text> </paragraph> <paragraph num="E."> <text>The Administration approved and designated curriculums shall include but not be limited to:</text> <paragraph num="(1)"> <text>Information on rules of the road, laws of this State, protective clothing, basic maneuvers and riding skills, driving strategies, normal traffic situations, and emergency situations;</text> </paragraph> <paragraph num="(2)"> <text>Motorcycle riding exercises that permit the students to practice clutch/throttle control, straight line riding, shifting, turning, stopping, evasive actions, and street riding activities; and</text> </paragraph> <paragraph num="(3)"> <text>Knowledge and skill tests to assess the student's knowledge and skill proficiency in operating a motorcycle.</text> </paragraph> </paragraph> <paragraph num="F."> <text>An operator of a training center, a training center coordinator, or an approved instructor may not revise or amend the approved curriculums without written approval from the Administration.</text> </paragraph> <paragraph num="G."> <text>The Administration may revise or amend the curriculums to meet specific educational needs.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Student Performance Criteria."> <paragraph num="A."> <text>The Administration shall:</text> <paragraph num="(1)"> <text>Approve and designate the knowledge tests and skill tests that shall be completed by a student enrolled in an approved motorcycle safety course; and</text> </paragraph> <paragraph num="(2)"> <text>Identify the performance levels (raw scores) the student shall achieve on each test to demonstrate successful completion of the course.</text> </paragraph> </paragraph> <paragraph num="B."> <text>To successfully complete an approved motorcycle safety course, a student shall:</text> <paragraph num="(1)"> <text>Attend and participate in all required classroom and range sessions scheduled for the course;</text> </paragraph> <paragraph num="(2)"> <text>Ride and successfully achieve the objectives specified for each required riding exercise in the curriculum; and</text> </paragraph> <paragraph num="(3)"> <text>Achieve a minimum performance level designated by the Administration on each required knowledge and skill test (written, oral, and riding) in the approved curriculum.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The training center shall provide motorcycle safety course student completion cards that shall be issued to students successfully completing a course.</text> </paragraph> <paragraph num="D."> <text>Students may not participate in a course if they:</text> <paragraph num="(1)"> <text>Demonstrate a lack of skill in operating a motorcycle during the range sessions by not achieving the minimum performance objectives for each riding exercise;</text> </paragraph> <paragraph num="(2)"> <text>Arrive late for the course sessions or leave course sessions early; or</text> </paragraph> <paragraph num="(3)"> <text>Behave in a disruptive manner.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Students removed from a course by the instructors or training center coordinators may re-enroll in another course during the same training season, if there is space available in a course.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Applying for Instructor Approval."> <paragraph num="A."> <text>An applicant for an approval as an instructor shall:</text> <paragraph num="(1)"> <text>Be at least 21 years old;</text> </paragraph> <paragraph num="(2)"> <text>Possess a high school certificate of graduation or its equivalent;</text> </paragraph> <paragraph num="(3)"> <text>Be currently licensed to operate a motorcycle and have held a motorcycle driver's license for at least 1 year;</text> </paragraph> <paragraph num="(4)"> <text>Be currently licensed to operate a motor vehicle and have held a motor vehicle operator's license for at least the last 3 years;</text> </paragraph> <paragraph num="(5)"> <text>Have a satisfactory driving record the previous 3 consecutive years;</text> </paragraph> <paragraph num="(6)"> <text>Be in good physical condition;</text> </paragraph> <paragraph num="(7)"> <text>Not have been convicted of a crime of moral turpitude;</text> </paragraph> <paragraph num="(8)"> <text>Have successfully completed the Administration's motorcycle safety education instructor preparation program;</text> </paragraph> <paragraph num="(9)"> <text>Demonstrate proficiency in teaching the approved basic motorcycle safety course in accordance with the standards established by the curriculum provider; and</text> </paragraph> <paragraph num="(10)"> <text>Have no outstanding complaints or charges for alleged violations which, if proven, would constitute grounds for revocation or suspension, pursuant to Regulation .21 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An instructor certificate may be obtained by submitting an application to the Administration in a form required by the Administration.</text> </paragraph> <paragraph num="C."> <text>In addition to the information required to be entered upon the application, the application shall be accompanied by the following:</text> <paragraph num="(1)"> <text>If the applicant has been licensed in another state in the past 3 years, a certified copy of the applicant’s driving record for the past 3 years issued by the driving license authority of the applicant’s state of licensure;</text> </paragraph> <paragraph num="(2)"> <text>Certification by the applicant there are no reportable medical conditions;</text> </paragraph> <paragraph num="(3)"> <text>A statement certifying under penalty of perjury whether the applicant has ever had a driving instructor license or instructor certification revoked in Maryland or any other state;</text> </paragraph> <paragraph num="(4)"> <text>Evidence of satisfactory completion of the Administration’s motorcycle safety instructor preparation program;</text> </paragraph> <paragraph num="(5)"> <text>Evidence of satisfactory performance in teaching a minimum of one complete beginning motorcycle safety course; and</text> </paragraph> <paragraph num="(6)"> <text>Evidence of certification by the approved curriculum provider to teach the currently approved curriculum.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The application shall be signed by the applicant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Issuance of an Instructor Approval."> <paragraph num="A."> <text>Upon receipt of the signed application for instructor approval and when satisfied that the applicant has met all requirements, the Administration shall issue an instructor approval to the applicant.</text> </paragraph> <paragraph num="B."> <text>The approval shall permit the instructor to teach the approved motorcycle safety courses, classroom and range sessions, at training centers for a period of 2 years. The approval expires 2 years from the date of issuance.</text> </paragraph> <paragraph num="C."> <text>To maintain instructor approval, the instructor shall:</text> <paragraph num="(1)"> <text>Teach a minimum of two complete motorcycle safety courses per year, one of which shall be the basic entry level rider course, during the 2-year approval period at motorcycle safety training centers;</text> </paragraph> <paragraph num="(2)"> <text>Maintain a satisfactory driving record as identified under Regulation .24 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Attend all Administration required courses, meetings, and update seminars for instructors;</text> </paragraph> <paragraph num="(4)"> <text>Demonstrate an acceptable proficiency for teaching approved motorcycle safety courses;</text> </paragraph> <paragraph num="(5)"> <text>Continuously maintain certification by the approved curriculum provider to teach the currently approved curriculum;</text> </paragraph> <paragraph num="(6)"> <text>Comply with the rules, regulations, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and certification as an instructor; and</text> </paragraph> <paragraph num="(7)"> <text>Act in a manner that, in the Administration’s opinion, is not detrimental to the State’s Motorcycle Safety Program or unsafe for students enrolled in motorcycle safety courses.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An instructor shall renew the approval every 2 years by completing the renewal procedures required by the Administration under Regulation .22 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Instructor Identification Badges."> <paragraph num="A."> <text>Instructors are required to obtain an identification badge issued by the Administration. The identification badge shall be prominently displayed by the instructor at all times when functioning in the capacity of an instructor.</text> </paragraph> <paragraph num="B."> <text>The identification badge shall be issued to approved individuals at the time the Administration issues an instructor approval and shall expire the same date as the instructor’s approval.</text> </paragraph> <paragraph num="C."> <text>A fee may not be charged for issuance of an original identification badge.</text> </paragraph> <paragraph num="D."> <text>An instructor may replace an identification badge that has been lost, mutilated, or destroyed by applying to the Administration for a duplicate and paying any applicable fees.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Issuance of a Probationary Instructor Approval."> <paragraph num="A."> <text>The Administration may issue a probationary instructor approval to an individual who has:</text> <paragraph num="(1)"> <text>Applied for approval as an instructor; and</text> </paragraph> <paragraph num="(2)"> <text>Successfully completed the Administration's instructor preparation program,</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall issue a probationary approval to an individual for each time the individual successfully completes the instructor preparation program authorized by the Administration.</text> </paragraph> <paragraph num="C."> <text>The Administration may cancel the probationary approval and deny approval as an instructor if the individual:</text> <paragraph num="(1)"> <text>Cannot satisfactorily demonstrate proficiency in teaching the approved motorcycle safety courses;</text> </paragraph> <paragraph num="(2)"> <text>Acts in a manner that in the Administration's view is:</text> <paragraph num="(a)"> <text>Unsafe for individuals participating in an approved course, or</text> </paragraph> <paragraph num="(b)"> <text>Detrimental to the State's motorcycle safety program;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting the approved courses; or</text> </paragraph> <paragraph num="(4)"> <text>Has the individual's driver's license suspended or revoked, or accumulates four or more active points on the individual's driving record.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The probationary approval shall be surrendered to the Administration:</text> <paragraph num="(1)"> <text>If it is cancelled or expires; or</text> </paragraph> <paragraph num="(2)"> <text>At the time the applicant receives an instructor approval.</text> </paragraph> </paragraph> <paragraph num="E."> <text>The probationary approval allows the applicant to teach the approved motorcycle safety courses at a training center under the direct supervision of an experienced approved instructor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Suspension and Revocation of Instructor Approval."> <paragraph num="A."> <text>The Administration may suspend or revoke an individual’s instructor approval if the individual:</text> <paragraph num="(1)"> <text>Has a suspended or revoked driver's license;</text> </paragraph> <paragraph num="(2)"> <text>Has a driving record with four or more active points;</text> </paragraph> <paragraph num="(3)"> <text>Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a training center, and obtaining approval as an instructor;</text> </paragraph> <paragraph num="(4)"> <text>Acts in a manner that in the Administration’s view is:</text> <paragraph num="(a)"> <text>Unsafe for individuals participating in an approved course; or</text> </paragraph> <paragraph num="(b)"> <text>Detrimental to the State’s motorcycle safety program; or</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Fails to maintain certification by the approved curriculum provider to teach the currently approved curriculum</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall notify the individual, in writing, of the starting and ending dates of a suspension or revocation, and of the individual's opportunity to request a hearing under Transportation Article, 12-208—12-209, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>An individual whose instructor approval has been suspended or revoked by the Administration may not:</text> <paragraph num="(1)"> <text>Teach approved motorcycle safety courses at a training center; or</text> </paragraph> <paragraph num="(2)"> <text>Be associated with the operation of a training center for the period of time designated by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>On notification of a suspension or revocation from the Administration, the individual shall surrender the individual’s instructor approval and instructor identification Badge to the Administration.</text> </paragraph> <paragraph num="E."> <text>Approved motorcycle safety instructors who do not fulfill the requirement of teaching two complete approved courses per year shall cease providing instruction until such time as they complete the actions designated by the Administration to reactivate their approval.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Instructor Renewal."> <paragraph num="A."> <text>An instructor may renew by submitting an application to the Administration in a form prescribed by the Administration.</text> </paragraph> <paragraph num="B."> <text>To qualify for renewal, the instructor shall have:</text> <paragraph num="(1)"> <text>Taught a minimum of two complete motorcycle safety courses per year, one of which shall have been a basic entry level course, during the 2-year approval period at a training center;</text> </paragraph> <paragraph num="(2)"> <text>Maintained a satisfactory driving record as identified under Regulation .24 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>Attended all Administration required instructor courses, meetings, and update seminars;</text> </paragraph> <paragraph num="(4)"> <text>Demonstrated a teaching proficiency level acceptable to the Administration for teaching approved motorcycle safety courses;</text> </paragraph> <paragraph num="(5)"> <text>Not had their driver’s license suspended more than once during the previous approval period or no current driver’s license suspension; and</text> </paragraph> <paragraph num="(6)"> <text>Complied with the rules, regulations, procedures, and guidelines required by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and approval as an instructor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Individuals applying for renewal of their instructor approval shall submit the renewal application to the Administration at least 15 days before the expiration date of their current approval.</text> </paragraph> <paragraph num="D."> <text>In addition to the information required to be entered in the renewal application, the application shall be accompanied by the following:</text> <paragraph num="(1)"> <text>A certified copy of the applicant's out-of-State driving record for the preceding 3 years, if applicable;</text> </paragraph> <paragraph num="(2)"> <text>A self-certification attesting the applicant does not have any reportable medical conditions; and</text> </paragraph> <paragraph num="(3)"> <text>A signed copy of the State of Maryland Instructor Code of Conduct.</text> </paragraph> </paragraph> <paragraph num="E."> <text>After verifying that the applicant meets all the requirements for renewal, the Administration shall issue the instructor a renewed instructor approval and identification badge for the subsequent 2 years.</text> </paragraph> <paragraph num="F."> <text>Individuals failing to complete the renewal procedures before their designated expiration date shall lose their instructor approval as of their expiration date and may not teach approved courses. In order to regain this approval, the individual shall reapply and complete the approval requirements designated by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Instructor Physical Examination."> <text>An approved Instructor shall immediately report to the Administration any reportable medical conditions as defined in COMAR 11.17.03.02-1 for evaluation.</text> </regulation> <regulation prefix="Regulation" num=".24" heading="Instructor Driving Record."> <paragraph num="A."> <text>An instructor shall:</text> <paragraph num="(1)"> <text>Have a satisfactory driving record for at least 3 previous consecutive years before applying for approval; and</text> </paragraph> <paragraph num="(2)"> <text>Maintain a satisfactory record while approved.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An instructor's driving record is unsatisfactory if the instructor has, within the last 3 years:</text> <paragraph num="(1)"> <text>Accumulated four or more active points on the instructor's driving record;</text> </paragraph> <paragraph num="(2)"> <text>Been convicted of driving or operating, or both, a motor vehicle while intoxicated or while under the influence of an illegally used, controlled, or dangerous substance;</text> </paragraph> <paragraph num="(3)"> <text>Been convicted of any felony involving use of a motor vehicle; or</text> </paragraph> <paragraph num="(4)"> <text>Had the instructor's driver's license suspended or revoked.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Exception to Instructor Certification Requirements."> <paragraph num="A."> <text>An individual approved by the approved curriculum provider and classified as an active instructor may be approved by the Administration to teach the approved motorcycle safety courses by:</text> <paragraph num="(1)"> <text>Completing the application procedures set forth in Regulations .17 and .18 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Completing the training sessions required by the Administration; and</text> </paragraph> <paragraph num="(3)"> <text>Demonstrating the ability to teach the approved motorcycle safety courses.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may waive the requirement that instructors teach two complete motorcycle safety courses per year if the individuals provide sufficient justification to the Administration on why this teaching requirement could not be fulfilled. The Administration shall identify the procedures these instructors shall complete to maintain their approval.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Motorcycle Safety Instructor Preparation Program."> <paragraph num="A."> <text>The motorcycle safety instructor preparation program shall prepare an individual to teach the Administration approved motorcycle safety education courses. The Administration shall:</text> <paragraph num="(1)"> <text>Organize and conduct the motorcycle safety instructor preparation programs;</text> </paragraph> <paragraph num="(2)"> <text>Designate the instructors to teach the courses in the motorcycle safety instructor preparation program;</text> </paragraph> <paragraph num="(3)"> <text>Designate the curriculums used in the motorcycle safety instructor preparation program;</text> </paragraph> <paragraph num="(4)"> <text>Establish the performance criteria an instructor candidate shall achieve to demonstrate successful completion of the motorcycle safety instructor preparation program.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Individuals successfully completing the instructor program shall receive proof of completion.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Student Eligibility for Enrollment in Approved Motorcycle Safety Courses."> <paragraph num="A."> <text>An individual who possesses a valid motorcycle driver's license, a motorcycle learner's permit, or is eligible for a motorcycle learner's permit, may enroll in a course.</text> </paragraph> <paragraph num="B."> <text>A nonresident may enroll in a course.</text> </paragraph> <paragraph num="C."> <text>To enroll in an approved motorcycle safety course, an eligible student shall register with an approved Administration provider.</text> </paragraph> <paragraph num="D."> <text>The Administration shall determine the eligibility requirements for enrollment in approved motorcycle safety courses.</text> </paragraph> <paragraph num="E."> <text>Individuals younger than 18 years old may only enroll in the basic entry level rider course.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Training Motorcycles — Minimum Requirements."> <paragraph num="A."> <text>A motorcycle safety training center shall have a minimum of one training motorcycle per student officially enrolled in a course and scheduled for range sessions.</text> </paragraph> <paragraph num="B."> <text>The training motorcycles shall be maintained in a safe operating condition at all times. They shall be inspected by the training center coordinator before each course, and by the assigned instructors before each range segment. Training motorcycles shall meet the requirements as set forth in COMAR 11.14.03.</text> </paragraph> <paragraph num="C."> <text>During the range sessions, each student shall be assigned a training motorcycle.</text> </paragraph> <paragraph num="D."> <text>The Administration shall approve the model and engine size of all training motorcycles used by motorcycle safety training centers in approved motorcycle safety courses in accordance with the standards established by the curriculum provider.</text> </paragraph> <paragraph num="E."> <text>The Administration may approve a student using a personally owned motorcycle to participate in approved experienced rider courses if the:</text> <paragraph num="(1)"> <text>Student can document adequate insurance coverage on the motorcycle; and</text> </paragraph> <paragraph num="(2)"> <text>Motorcycle successfully passes the safety inspection prescribed by the Administration.</text> </paragraph> </paragraph> <paragraph num="F."> <text>The Administration may allow individuals with considerations covered under the American with Disabilities Act to utilize their personally owned motorcycle to participate in the approved basic entry level rider course.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".29" heading="Preservation of Records and Audit."> <paragraph num="A."> <text>Records.</text> <paragraph num="(1)"> <text>The operator of an independent training center shall maintain:</text> <paragraph num="(a)"> <text>Records on the operation of the training center at the training center's office area for each year the training center is active; and</text> </paragraph> <paragraph num="(b)"> <text>The training center records for 5 years.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The records specified in §A(1)(a) of this regulation shall include, but are not limited to:</text> <paragraph num="(a)"> <text>A listing of the students enrolling and completing the motorcycle safety courses;</text> </paragraph> <paragraph num="(b)"> <text>Personnel records on instructors teaching at the training center;</text> </paragraph> <paragraph num="(c)"> <text>Copies of required insurance policies;</text> </paragraph> <paragraph num="(d)"> <text>Copies of course disclaimers and waivers; and</text> </paragraph> <paragraph num="(e)"> <text>Copies of accident and incident reports involving students participating in motorcycle safety courses.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Administration Audits.</text> <paragraph num="(1)"> <text>The Administration may:</text> <paragraph num="(a)"> <text>Schedule an audit with each independent training center at least once per training season;</text> </paragraph> <paragraph num="(b)"> <text>Conduct unannounced audits of independent training centers, as needed;</text> </paragraph> <paragraph num="(c)"> <text>Audit independent training centers when their contract to operate is terminated; and</text> </paragraph> <paragraph num="(d)"> <text>Suspend the independent training center's contract if the operator of the training center does not correct audit deficiencies within 30 working days of the audit.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The operator of an independent training center shall;</text> <paragraph num="(a)"> <text>Upon request, make training center records available to representatives of the Administration; and</text> </paragraph> <paragraph num="(b)"> <text>Correct audit deficiencies within 30 working days of an Administration audit.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 1, 1985 (12:13 Md. R. 1281)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)</annotation> <annotation type="History" subtype="Administrative History">Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)</annotation> <annotation type="History" subtype="Administrative History">Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 15, 2024 (51:7 Md. R. 333)</annotation> </annotations> </chapter> </subtitle> <subtitle num="21" heading="Motor Vehicle Administration — Commercial Motor Vehicles"> <chapter num="01" heading="Motor Carrier Safety"> <regulation prefix="Regulation" num=".01" heading="Effective Date of Enforcement."> <text>Regulation .03F of this chapter is effective January 1, 2012.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference of the Federal Motor Carrier Safety Regulations."> <text>The federal motor carrier safety regulations contained in 49 CFR 40, 382, 383, 387, 390—393, 384, 395—399, and 1572, as amended, are incorporated by reference, subject to the application provision in Regulations .03, .04-1—.08, and .11—.14 of this chapter and the amendments and exemptions cited in .09 and .10 of this chapter.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <paragraph num="A."> <text>Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.</text> </paragraph> <paragraph num="B."> <text>These regulations apply to all interstate carriers and to those intrastate carriers:</text> <paragraph num="(1)"> <text>Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or</text> </paragraph> <paragraph num="(2)"> <text>Operating a vehicle designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not:</text> <paragraph num="(1)"> <text>Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or</text> </paragraph> <paragraph num="(2)"> <text>Operating a vehicle designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers.</text> </paragraph> <paragraph num="E."> <text>Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State.</text> </paragraph> <paragraph num="F."> <text>Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Administrator” means the Motor Vehicle Administrator.</text> </paragraph> <paragraph num="(3)"> <text>“Commercial motor vehicle (CMV)” has the meaning stated in 49 CFR §390.5.</text> </paragraph> <paragraph num="(4)"> <text>“Medical condition” means a mental or physical condition which would disqualify an individual from operating a motor vehicle under 49 CFR §391.41(b).</text> </paragraph> <paragraph num="(5)"> <text>“Waiver for intrastate operation” means a waiver from the provisions of 49 CFR §391.41(b) for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.</text> </paragraph> <paragraph num="(6)"> <text>“Waiver for medical conditions” means a waiver under Regulation .06E, of this chapter from the provisions of 49 CFR §391.41(b), the physical examination requirements of these regulations, for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04-1" heading="49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs — Amendments and Exemptions."> <text>49 CFR 40 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".04-2" heading="49 CFR 382, Controlled Substances and Alcohol Use and Testing — Amendments and Exemptions."> <text>49 CFR 382 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".04-3" heading="49 CFR §383.71, Commercial Driver's License Standards: Requirements and Penalties — Amendments and Exemptions."> <text>49 CFR §383.71 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".04-4" heading="49 CFR 384, State Compliance with Commercial Driver's License Program."> <text>49 CFR 384 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".04-5" heading="49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers."> <text>49 CFR 387 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="49 CFR 390, Federal Motor Carrier Safety Regulations; General — Amendments and Exemptions. — Repealed" /> <regulation prefix="Regulation" num=".06" heading="49 CFR 391, Qualifications of Drivers — Amendments and Exemptions."> <paragraph num="A."> <text>49 CFR §391.1. The provisions of 49 CFR §391.1 are not applicable to a farmer, or an agent or employee of a farmer, who operates farm equipment intrastate or a motor vehicle owned or operated by the farmer in the intrastate transportation of supplies to a farm or the transportation of farm products as defined in Agriculture Article, §10-601, Annotated Code of Maryland, within 150 air miles of the farmer's farm.</text> </paragraph> <paragraph num="B."> <text>49 CFR §391.11. A driver who operates intrastate only, who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, and who does not operate a vehicle designed to transport 16 or more passengers, including the driver, may operate those vehicles described in Regulation .03 of this chapter if the driver is at least 18 years old and otherwise qualified to operate the vehicle.</text> </paragraph> <paragraph num="C."> <text>49 CFR §§391.21, 391.23, 391.31, and 391.35. The provisions of 49 CFR §§391.21, 391.23, 391.31, and 391.35 are not applicable to the intrastate driver, or to the motor carrier, with regard to the intrastate driver, who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, and who does not:</text> <paragraph num="(1)"> <text>Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or</text> </paragraph> <paragraph num="(2)"> <text>Operate a vehicle designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> <paragraph num="D."> <text>49 CFR §391.41.</text> <paragraph num="(1)"> <text>The physical qualifications of 49 CFR §391.41 are not applicable to individuals employed by the Administration as driver license examiners or school vehicle inspectors while in the performance of their official duties.</text> </paragraph> <paragraph num="(2)"> <text>The medical examination and certification requirements of 49 CFR §391.41 are not applicable to the intrastate driver who operates a vehicle or vehicle combination with a registered gross or combination weight of less than 10,001 pounds, and who does not:</text> <paragraph num="(a)"> <text>Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or</text> </paragraph> <paragraph num="(b)"> <text>Operate a vehicle designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>49 CFR §391.41(b).</text> <paragraph num="(1)"> <text>An intrastate driver who does not operate a bus or who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, or who does not operate a vehicle designed to transport 16 or more passengers, including the driver, and who does not meet the physical qualifications of 49 CFR §391.41(b)(1)—(3), (10), or (11), may drive in intrastate commerce if issued a waiver for intrastate operation by the Administrator. The waiver is valid for up to 2 years from the date of issue.</text> </paragraph> <paragraph num="(2)"> <text>In order to obtain a waiver for medical conditions from the provisions of 49 CFR §391.41(b)(1)—(3), (10), or (11), the intrastate driver shall:</text> <paragraph num="(a)"> <text>Be otherwise qualified to operate a commercial motor vehicle;</text> </paragraph> <paragraph num="(b)"> <text>Operate in intrastate commerce; and</text> </paragraph> <paragraph num="(c)"> <text>Have a mental or physical condition which would disqualify the individual under 49 CFR §391.41(b)(1)—(3), (10), or (11).</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In order to obtain a waiver for intrastate operation from the provisions of 49 CFR §391.41(b)(11), the applicant shall currently hold or have held within the past year a valid commercial drivers license.</text> </paragraph> <paragraph num="(4)"> <text>The condition set forth in §E(2)(c) of this regulation shall:</text> <paragraph num="(a)"> <text>Be certified by a physician who has examined the individual and determined the medical condition; and</text> </paragraph> <paragraph num="(b)"> <text>Be documented on the form provided by the Administration.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>While operating a commercial motor vehicle requiring a commercial driver's license to operate, the driver shall be in possession of a valid intrastate waiver issued by the Administration, showing that the provisions of 49 CFR §391.41(b), have been waived.</text> </paragraph> <paragraph num="(6)"> <text>A copy of the waiver for intrastate operation shall also be filed in the driver qualification file of the motor carrier employing the driver.</text> </paragraph> </paragraph> <paragraph num="F."> <text>49 CFR §§391.41(a), 391.43, and 391.45. The medical examination and certification requirements of 49 CFR §§391.41(a), 391.43, and 391.45 are not applicable to the intrastate driver who:</text> <paragraph num="(1)"> <text>Operates a vehicle or vehicle combination with a registered gross or combination weight of less than 26,001 pounds;</text> </paragraph> <paragraph num="(2)"> <text>Does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or</text> </paragraph> <paragraph num="(3)"> <text>Does not operate a vehicle designed to transport 16 or more passengers, including the driver.</text> </paragraph> </paragraph> <paragraph num="G."> <text>49 CFR §391.49.</text> <paragraph num="(1)"> <text>A driver who operates intrastate only in a commercial motor vehicle requiring a commercial driver's license to operate, who is not physically qualified to drive under 49 CFR §391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive in intrastate commerce only, if granted a waiver by the Administrator. The waiver is valid for up to 2 years from the date of issue.</text> </paragraph> <paragraph num="(2)"> <text>In order to obtain a waiver for intrastate operation from the provision of 49 CFR §391.41(b)(1) or (2), the intrastate driver shall comply with the requirements specified in 49 CFR §391.49 for interstate drivers.</text> </paragraph> <paragraph num="(3)"> <text>For the driver who operates intrastate only, and who is applying for a waiver under the provisions of 49 CFR §391.49(a), all references to the “Regional Director, Motor Carrier Safety”, contained in 49 CFR §391.49, shall be replaced with “Administrator”.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="49 CFR 392, Driving of Motor Vehicles — Amendments and Exemptions."> <text>49 CFR 392 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".08" heading="49 CFR 393, Parts and Accessories Necessary for Safe Operation — Amendments and Exemptions."> <text>49 CFR 393 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".09" heading="49 CFR 395, Hours of Service of Drivers — Amendments and Exemptions."> <text>Add “police officer, hazardous materials inspector, and Public Service Commission inspector" as defined in Transportation Article, §25-111, Annotated Code of Maryland”, after “every” in 49 CFR §395.13(a).</text> </regulation> <regulation prefix="Regulation" num=".10" heading="49 CFR 396, Inspection, Repair, and Maintenance — Amendments and Exemptions."> <paragraph num="A."> <text>49 CFR §396.9(a)(1). After “Every special agent of the FHWA”, add, “and, when certified by the Maryland State Police, each police officer (as defined in Transportation Article, §25-111, Annotated Code of Maryland), each hazardous materials inspector, and each Public Service Commission inspector”.</text> </paragraph> <paragraph num="B."> <text>49 CFR §396.9(b).</text> <paragraph num="(1)"> <text>Add to end, “When reference is made to a Driver-Equipment Compliance Check or to form MCS 63, it also means a Maryland Driver/Vehicle Inspection Report”.</text> </paragraph> <paragraph num="(2)"> <text>Delete “authorized FHWA personnel” and replace with “personnel authorized in subsection(a)”.</text> </paragraph> </paragraph> <paragraph num="C."> <text>49 CFR §396.9(c)(1). Add to end, “Maryland is a member of the Commercial Vehicle Safety Alliance (CVSA). Personnel authorized to perform inspections of motor carriers in Transportation Article, §25-111, Annotated Code of Maryland, shall conform to generally accepted driver/vehicle inspection standards”.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="49 CFR 397, Transportation of Hazardous Materials; Driving and Parking Rules — Amendments and Exemptions."> <text>49 CFR 397 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".12" heading="49 CFR 398, Transportation of Migrant Workers — Amendments and Exemptions."> <text>49 CFR 398 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".13" heading="49 CFR 399, Employee Safety and Health Standards — Amendments and Exemptions."> <text>49 CFR 399 is incorporated by reference with no amendments or exemptions.</text> </regulation> <regulation prefix="Regulation" num=".14" heading="49 CFR 1572, Credentialing and Background Checks for Maritime and Land Transportation Security — Amendments and Exemptions."> <text>49 CFR 1572 is incorporated by reference with no amendments or exemptions.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: August 12, 1985 (12:16 Md. R. 1607)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)</annotation> </annotations> </chapter> <chapter num="02" heading="Diesel Vehicle Emissions Control Program"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Diesel vehicle” means a motor vehicle that:</text> <paragraph num="(a)"> <text>Is powered by a compression ignition engine; and</text> </paragraph> <paragraph num="(b)"> <text>Has a manufacturer's gross vehicle weight rating or gross combination weight rating over 10,000 pounds.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Governor” means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine speed.</text> </paragraph> <paragraph num="(3)"> <text>“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percent, as measured by emissions test equipment under Regulation .07 of this chapter.</text> </paragraph> <paragraph num="(4)"> <text>“SAE J1667” means the emissions test described in document number J1667 published by the Society of Automotive Engineers, entitled “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” which is incorporated by reference in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>“State Police” means the Department of State Police.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Incorporation by Reference."> <text>Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles, Surface Vehicle Recommended Practice, SAE J1667 (Society of Automotive Engineers, Inc., February 1996) is incorporated by reference.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Applicability."> <text>Unless otherwise stated in this chapter, the regulations in this chapter apply to a diesel vehicle that is operating on any highway in Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="General Requirements for the Emissions Test."> <paragraph num="A."> <text>A person may not cause, allow, or permit the operation of a diesel vehicle on any highway in Maryland, if the vehicle:</text> <paragraph num="(1)"> <text>Discharges exhaust emissions, the opacity of which exceeds the applicable emissions opacity standards under Regulation .06 of this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>Has emission control, exhaust equipment, or a governor installed either on the vehicle or diesel engine which has been disconnected, detached, or deactivated, or in any other way has been rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A diesel vehicle operating on any highway is subject to an emissions test that shall measure the opacity of the exhaust combustion products discharged into the atmosphere by the engine powering the diesel vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Emissions Test Procedure."> <paragraph num="A."> <text>The emissions test shall be conducted in accordance with the procedures described in SAE J1667.</text> </paragraph> <paragraph num="B."> <text>The general procedures for a valid emissions test in accordance with SAE J1667 are as follows:</text> <paragraph num="(1)"> <text>Before testing, verify that the emissions test equipment meets the requirements under Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Before initiating the test, determine that all accessories and any engine braking devices are turned off;</text> </paragraph> <paragraph num="(3)"> <text>Determine that the engine speed governor is in proper operating condition by:</text> <paragraph num="(a)"> <text>Inquiring of the diesel vehicle operator whether the governor is in proper operating condition, and</text> </paragraph> <paragraph num="(b)"> <text>Instructing the operator, with the transmission in either neutral (with the clutch disengaged if so equipped) or in park, to gradually increase the engine speed; then, if the engine speed increases uncontrollably, the diesel vehicle operator shall be instructed to immediately release the accelerator pedal and fuel supply to the engine, and discontinue emission testing of any vehicle with a dysfunctional engine speed governor;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Perform the emissions test on at least one exhaust pipe in accordance with SAE J1667.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The owner or driver of the diesel vehicle that receives an emissions test shall be provided with the results in writing, in percent opacity, upon completion of the emissions test in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Emissions Standards."> <paragraph num="A."> <text>Diesel vehicle engines of model year 1991 and newer may not produce emissions that exceed 40 percent opacity.</text> </paragraph> <paragraph num="B."> <text>Diesel vehicle engines of model year 1990 through 1974 may not produce emissions that exceed 55 percent opacity.</text> </paragraph> <paragraph num="C."> <text>Diesel vehicle engines of model year 1973 and older may not produce emissions that exceed 70 percent opacity.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Emissions Test Equipment."> <paragraph num="A."> <text>Equipment used to conduct the emissions test shall be:</text> <paragraph num="(1)"> <text>Designed to meet the equipment specifications provided in SAE J1667;</text> </paragraph> <paragraph num="(2)"> <text>Approved by the Maryland Department of the Environment; and</text> </paragraph> <paragraph num="(3)"> <text>Maintained in accordance with manufacturer's specifications.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Maintenance records for emissions test equipment shall be maintained for a period of 4 years from the date of issue and shall include:</text> <paragraph num="(1)"> <text>The dates of calibration;</text> </paragraph> <paragraph num="(2)"> <text>The full legal name of the individual who calibrated the emissions test equipment; and</text> </paragraph> <paragraph num="(3)"> <text>Any receipts for parts and repairs needed to maintain the emissions test equipment.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Individuals Authorized to Conduct Emissions Tests on Diesel Vehicles."> <paragraph num="A."> <text>Emissions Inspectors.</text> <paragraph num="(1)"> <text>An individual who is employed by the State Police or the Maryland Transportation Authority Police may be certified as an emissions inspector by demonstrating to the State Police:</text> <paragraph num="(a)"> <text>The ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(b)"> <text>A thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(c)"> <text>That the individual has attended and successfully completed training in the operation of the emissions test equipment which the individual will use to conduct the emissions test under Regulations .04 and .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an applicant has satisfied the requirements under §A(1) of this regulation, the State Police may certify the applicant as an emissions inspector to:</text> <paragraph num="(a)"> <text>Conduct diesel vehicle emissions testing;</text> </paragraph> <paragraph num="(b)"> <text>Conduct diesel vehicle emissions retesting;</text> </paragraph> <paragraph num="(c)"> <text>Issue a safety equipment repair order;</text> </paragraph> <paragraph num="(d)"> <text>Certify compliance with a safety equipment repair order;</text> </paragraph> <paragraph num="(e)"> <text>Issue a Maryland Driver/Vehicle Inspection Report; and</text> </paragraph> <paragraph num="(f)"> <text>Issue the results in writing, in percent opacity, of an emissions test or retest under this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Diesel Emissions Retesters. An individual may apply to become certified by the Automotive Safety Enforcement Division of the State Police as a diesel emissions retester if the following conditions are met:</text> <paragraph num="(1)"> <text>The applicant demonstrates to the State the ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>The applicant demonstrates a thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(3)"> <text>The applicant is employed at:</text> <paragraph num="(a)"> <text>An inspection station licensed under the provisions of Transportation Article, §23-103, Annotated Code of Maryland, to inspect vehicles over 10,000 pounds gross vehicle weight rating, or</text> </paragraph> <paragraph num="(b)"> <text>A diesel vehicle repair facility located in Maryland where the primary business is the repair, rebuild, or reconditioning of diesel vehicle engines for the public at a charge and that meets the minimum work area requirements of COMAR 11.14.01.05C(7).</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Certification as a Diesel Emissions Retester. If an applicant has satisfied the requirements under §B of this regulation, the Automotive Safety Enforcement Division of the State Police may certify the applicant as a diesel emissions retester to:</text> <paragraph num="(1)"> <text>Conduct diesel vehicle emissions retests at only the licensed inspection station or diesel vehicle repair facility that meets the requirements under §B(3) of this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Report the results of the emissions retest, in percent opacity; and</text> </paragraph> <paragraph num="(3)"> <text>Certify compliance with a safety equipment repair order pertaining only to violations of the emissions standards under this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Renewal of Certification as a Diesel Emissions Retester.</text> <paragraph num="(1)"> <text>Certification as a diesel emissions retester shall be for a period of time not to exceed 3 years.</text> </paragraph> <paragraph num="(2)"> <text>An individual with current, valid certification as a diesel emissions retester may apply for certification renewal in a manner prescribed by the State Police within 60 days before certification expiration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A diesel emissions retester shall immediately notify the Automotive Safety Enforcement Division of the State Police of any change in employment.</text> </paragraph> <paragraph num="F."> <text>The emissions test equipment used, procedures conducted, and records maintained by diesel emissions retesters are subject to periodic audits conducted by personnel from the Maryland Department of the Environment or the Automotive Safety Enforcement Division of the State Police, or both.</text> </paragraph> <paragraph num="G."> <text>The State Police may, for cause, suspend or revoke any certifications issued under this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Enforcement."> <paragraph num="A."> <text>Diesel Vehicles Registered In Maryland.</text> <paragraph num="(1)"> <text>If it is determined that the emissions test in this chapter cannot be performed on a diesel vehicle registered in Maryland because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §A(2)—(5) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A safety equipment repair order shall be issued to the driver of a diesel vehicle registered in Maryland that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>COMAR 11.14.01.16 applies to any safety equipment repair order that is issued to repair a diesel vehicle to comply with emissions standards.</text> </paragraph> <paragraph num="(4)"> <text>The certified safety equipment repair order submitted to the State Police shall include evidence that the diesel vehicle complies with the emissions standards in Regulation .06 of this chapter.</text> </paragraph> <paragraph num="(5)"> <text>The evidence required to demonstrate that the diesel vehicle was repaired and complies with the emissions standards in Regulation .06 of this chapter shall include the results of an emissions retest conducted by:</text> <paragraph num="(a)"> <text>An emissions inspector; or</text> </paragraph> <paragraph num="(b)"> <text>A certified diesel emissions retester.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Foreign Registered Diesel Vehicles.</text> <paragraph num="(1)"> <text>If it is determined that the emissions test in this chapter cannot be performed on a foreign registered diesel vehicle because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §B(2)—(4) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A Maryland Driver/Vehicle Inspection Report shall be issued to the driver of a foreign registered vehicle that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland, and COMAR 11.21.01.10.</text> </paragraph> <paragraph num="(3)"> <text>The Maryland Driver/Vehicle Inspection Report, given to the driver of a foreign registered diesel vehicle that fails an emissions test under this chapter, shall include notification that the foreign registered diesel vehicle has failed to comply with emissions standards in this State.</text> </paragraph> <paragraph num="(4)"> <text>The owner of a foreign registered diesel vehicle that receives a Maryland Driver/Vehicle Inspection Report stating that the vehicle failed an emissions test shall certify that the vehicle was repaired to comply with emissions standards under Regulation .06 of this chapter by signing and returning the Maryland Driver/Vehicle Inspection Report to the State Police.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 10, 2000 (27:13 Md. R. 1212)</annotation> </annotations> </chapter> </subtitle> <subtitle num="22" heading="Motor Vehicle Administration —Preventive Maintenance Program"> <chapter num="01" heading="Administrative Requirements"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>These regulations do not limit or supersede any other regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.</text> </paragraph> <paragraph num="B."> <text>These regulations may not be construed to prohibit a person from exceeding the requirements of these regulations.</text> </paragraph> <paragraph num="C."> <text>These regulations apply to:</text> <paragraph num="(1)"> <text>Each vehicle defined in Regulation .02 of this chapter;</text> </paragraph> <paragraph num="(2)"> <text>Each person who owns, operates, maintains, or repairs a vehicle; and</text> </paragraph> <paragraph num="(3)"> <text>Each motor carrier as defined in the Code of Federal Regulations, Title 49, §390.05, its officers and employees, and each person employed under contract by a motor carrier.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Maryland Motor Vehicle Administration of the Maryland Department of Transportation.</text> </paragraph> <paragraph num="(2)"> <text>“Department” means the Department of State Police.</text> </paragraph> <paragraph num="(3)"> <text>“Operator” means any person who drives, operates, moves, or is in physical control of a vehicle or combination of vehicles.</text> </paragraph> <paragraph num="(4)"> <text>“Preventive maintenance program” means a systematic vehicle inspection, service, repair, and maintenance program requiring specified equipment on certain vehicles to be maintained in a safe operating condition.</text> </paragraph> <paragraph num="(5)"> <text>“Rejection” for the purpose of these regulations means repair.</text> </paragraph> <paragraph num="(6)"> <text>“Vehicle” for the purpose of these regulations means any vehicle registered under the Transportation Article, Title 13, Annotated Code of Maryland, as:</text> <paragraph num="(a)"> <text>A Class E (truck) vehicle with a registered gross vehicle weight greater than 10,000 pounds;</text> </paragraph> <paragraph num="(b)"> <text>A Class E (truck) vehicle with a registered combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer;</text> </paragraph> <paragraph num="(c)"> <text>A Class F (tractor) vehicle;</text> </paragraph> <paragraph num="(d)"> <text>A Class G (freight trailer or semitrailer) vehicle, for which the owner pays a flat registration fee;</text> </paragraph> <paragraph num="(e)"> <text>A Class M (multipurpose passenger) vehicle which has a seating capacity for 16 or more passengers including the driver, or was previously registered as a Class H (school) vehicle or a Class P (passenger bus) vehicle, and which is used to primarily transport passengers;</text> </paragraph> <paragraph num="(f)"> <text>A Class P (passenger bus) vehicle; or</text> </paragraph> <paragraph num="(g)"> <text>Any vehicle or combination of vehicles owned by this State or any political subdivision of this State which are:</text> <paragraph num="(i)"> <text>Single unit trucks with a gross vehicle weight greater than 10,000 pounds,</text> </paragraph> <paragraph num="(ii)"> <text>Single unit trucks with a gross combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer,</text> </paragraph> <paragraph num="(iii)"> <text>Truck tractor vehicles,</text> </paragraph> <paragraph num="(iv)"> <text>Freight trailer or semitrailer vehicles, and</text> </paragraph> <paragraph num="(v)"> <text>Buses designed and used to carry more than 10 people and not regulated by Transportation Article, §25-110, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="General Inspection, Repair, and Maintenance."> <paragraph num="A."> <text>Except as required by §B of this regulation, once every 12 months or when a vehicle has travelled 25,000 miles, whichever comes first, each owner shall:</text> <paragraph num="(1)"> <text>Systematically inspect, maintain, and repair each vehicle owned; or</text> </paragraph> <paragraph num="(2)"> <text>Cause each vehicle owned to be systematically inspected, maintained, and repaired.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An owner of a vehicle operating with a dump service registration under Transportation Article, §13-919, Annotated Code of Maryland, that has been in operation for at least 18 years from the later of the vehicle's model year or first registration date, shall, at intervals of 12,500 miles or 6 months, whichever comes first:</text> <paragraph num="(1)"> <text>Systematically inspect, maintain, and repair each vehicle owned; or</text> </paragraph> <paragraph num="(2)"> <text>Cause each vehicle owned to be systematically inspected, maintained, and repaired.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Items of Inspection. At a minimum, the following equipment on each vehicle defined in these regulations shall be inspected, maintained, and repaired to meet the requirements established by the Administration and Department:</text> <paragraph num="(1)"> <text>Alignment;</text> </paragraph> <paragraph num="(2)"> <text>Suspension;</text> </paragraph> <paragraph num="(3)"> <text>Steering;</text> </paragraph> <paragraph num="(4)"> <text>Brake systems;</text> </paragraph> <paragraph num="(5)"> <text>Tires;</text> </paragraph> <paragraph num="(6)"> <text>Wheels, rims, studs, nuts;</text> </paragraph> <paragraph num="(7)"> <text>Fuel storage and delivery;</text> </paragraph> <paragraph num="(8)"> <text>Exhaust system;</text> </paragraph> <paragraph num="(9)"> <text>Vehicle frame, body, and sheet metal;</text> </paragraph> <paragraph num="(10)"> <text>Electrical system;</text> </paragraph> <paragraph num="(11)"> <text>Emergency equipment;</text> </paragraph> <paragraph num="(12)"> <text>Seats and seat belts;</text> </paragraph> <paragraph num="(13)"> <text>Sun visor;</text> </paragraph> <paragraph num="(14)"> <text>Mirrors;</text> </paragraph> <paragraph num="(15)"> <text>Glazing;</text> </paragraph> <paragraph num="(16)"> <text>Windshield wipers and defroster;</text> </paragraph> <paragraph num="(17)"> <text>Certain power train components;</text> </paragraph> <paragraph num="(18)"> <text>Speedometer and odometer;</text> </paragraph> <paragraph num="(19)"> <text>Clutch and brake pedal pad;</text> </paragraph> <paragraph num="(20)"> <text>Horn;</text> </paragraph> <paragraph num="(21)"> <text>Hitches and coupling devices;</text> </paragraph> <paragraph num="(22)"> <text>Tanks and pressure vessels.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Records."> <paragraph num="A."> <text>Each owner shall maintain or cause to be maintained the following records for each vehicle:</text> <paragraph num="(1)"> <text>Identification by year, make, model, title number, and manufacturer's vehicle identification number. The vehicle identification number may not be recorded from documents, but shall be taken from the actual number on the vehicle.</text> </paragraph> <paragraph num="(2)"> <text>A record of inspection, repair, and maintenance, including vehicle mileage and date or dates of action taken.</text> </paragraph> <paragraph num="(3)"> <text>A copy of the certification required by Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Administrative Forms.</text> <paragraph num="(1)"> <text>When performing inspection, service, maintenance, or repairs, an owner shall record, or cause to be recorded, on a form acceptable to the Department, action taken on each item listed in Regulation .03B of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If an owner uses a form which contains additional items, the owner shall ensure that all items contained in Regulation .03B of this chapter are included on the form and are highlighted.</text> </paragraph> <paragraph num="(3)"> <text>Forms shall be completed to indicate the date of inspection, date of repairs, mileage on the vehicle on the date of inspection or repair, and signature of the owner or authorized representative.</text> </paragraph> <paragraph num="(4)"> <text>An owner or agent of an owner may not willfully record or cause to be recorded any false or fraudulent information on any form or forms required by these regulations.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Record Retention.</text> <paragraph num="(1)"> <text>Records required under this regulation shall be kept at the location where the vehicle is garaged, assigned, or maintained.</text> </paragraph> <paragraph num="(2)"> <text>Records shall be retained for a period of 2 years. However, records need only be retained for a period of 6 months after a vehicle is sold, traded, junked, or otherwise transferred or disposed of by an owner.</text> </paragraph> <paragraph num="(3)"> <text>If vehicle records are not maintained in Maryland, they shall, upon request of the Department, be made available within 5 working days.</text> </paragraph> <paragraph num="(4)"> <text>Records shall be available for inspection by Department personnel, or other personnel authorized by the Department, during normal business hours.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Certification."> <paragraph num="A."> <text>Upon applying for an initial or renewal registration for a vehicle defined in this chapter, an owner shall certify that the vehicle is maintained under a preventive maintenance plan established by the Administration and the Department.</text> </paragraph> <paragraph num="B."> <text>A vehicle may not be operated on the highways of this State unless one of the following documents is carried in or on the vehicle:</text> <paragraph num="(1)"> <text>A record on a form approved by the Department of the most recent inspection, including any maintenance or repair work performed; or</text> </paragraph> <paragraph num="(2)"> <text>A written certification, on a form approved by the Department, that the vehicle is maintained under a preventive maintenance plan established by the Department.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the owner is a corporation, all certifications required by this chapter may be signed by a corporate officer or an individual with written power of attorney to sign for the corporation. All written powers of attorney shall be filed with the Department.</text> </paragraph> <paragraph num="D."> <text>It shall be the responsibility of the operator to ensure that the certification required under this chapter is carried in or on the vehicle at all times.</text> </paragraph> <paragraph num="E."> <text>If a vehicle is maintained by this State or any political subdivision of this State, the certification may be signed by a designee of the owner.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1990 (16:26 Md. R. 2796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)</annotation> </annotations> </chapter> <chapter num="02" heading="Preventive Maintenance Standards for Trucks and Truck Tractors"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class E (truck) vehicle with a registered gross vehicle weight or gross combination weight greater than 10,000 pounds, or a Class F (tractor) vehicle under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any single unit truck with a gross vehicle weight greater than 10,000 pounds or a gross combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer or any truck tractor owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance with the minimum time or mileage requirements of COMAR 11.22.01.03A and B. Therefore, more frequent maintenance, service, and repair as considered necessary by the owner is permitted and recommended.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Alignment."> <paragraph num="A."> <text>Axles, beams, spindles, or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suspension."> <paragraph num="A."> <text>Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torque arms, torsion bars or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:</text> </paragraph> <paragraph num="B."> <text>Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="C."> <text>Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).</text> </paragraph> <paragraph num="D."> <text>Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="E."> <text>Tandem Axle Walking Beams.</text> </paragraph> <paragraph num="F."> <text>Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.</text> </paragraph> <paragraph num="G."> <text>Air Suspension Nondriving Rear Axle. Inspection is conducted with normal air pressure in suspension system.</text> </paragraph> <paragraph num="H."> <text>Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:</text> </paragraph> <paragraph num="I."> <text>Road Clearance.</text> </paragraph> <paragraph num="J."> <text>Kingpins. Raise or jack the vehicle by the frame or suspension. Brakes should be applied to eliminate wheel bearing play.</text> </paragraph> <paragraph num="K."> <text>Ball Joints. Inspect ball joints for vertical and horizontal movement, modifications, and damage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Steering."> <paragraph num="A."> <text>Lash. Inspection of vehicles equipped with power steering shall be conducted with the engine running, power steering fluid at the proper level, and belts in proper condition and tension.</text> </paragraph> <paragraph num="B."> <text>Front Wheel Bearings. With front wheels raised, grasp wheel and tire assembly at top and bottom and rock wheel in and out. Wheel bearing movement is determined by movement of brake drum and backing plate or brake disc and shields. Do not confuse suspension or ball joint play with wheel bearing play.</text> </paragraph> <paragraph num="C."> <text>Steering Travel. Turn steering wheel through full right and full left cycle. The vehicle may be slowly moved or the steering wheels raised to ease inspection. Inspect for:</text> </paragraph> <paragraph num="D."> <text>Steering Linkage. Move steering wheel left and right and observe movement in steering components. If the vehicle is equipped with power steering, run the engine. Visually inspect:</text> </paragraph> <paragraph num="E."> <text>Power Steering System. Manually and visually inspect entire system for:</text> </paragraph> <paragraph num="F."> <text>Collapsible Steering Column (if Applicable). Inspect for condition and mounting.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Brake Systems—Hydraulic and Vacuum."> <paragraph num="A."> <text>Parking Brakes.</text> </paragraph> <paragraph num="B."> <text>Brake Lines and Hoses. Visually inspect:</text> </paragraph> <paragraph num="C."> <text>Brake Failure Indicators. Visually inspect:</text> </paragraph> <paragraph num="D."> <text>Brake Pedal Reserve and Leakage Test. Without pumping or repeated brake pedal applications, apply a moderate foot force to pedal and maintain for 1 minute. Inspect:</text> </paragraph> <paragraph num="E."> <text>Hydraulic System with Hydraulic Assist. Vehicles equipped with an electrically driven hydraulic pump that functions in the event of a power steering failure may be checked by applying pressure on the brake pedal and turn the ignition switch from “off” to “on” position.</text> </paragraph> <paragraph num="F."> <text>Vacuum System.</text> </paragraph> <paragraph num="G."> <text>Power Brake Operation.</text> </paragraph> <paragraph num="H."> <text>Vacuum Reserve.</text> </paragraph> <paragraph num="I."> <text>Vacuum Pump (if Applicable).</text> </paragraph> <paragraph num="J."> <text>Drum Brakes—Hydraulic.</text> </paragraph> <paragraph num="K."> <text>Disc Brakes—Hydraulic.</text> </paragraph> <paragraph num="L."> <text>Brake Lines and Hoses—Hydraulic.</text> </paragraph> <paragraph num="M."> <text>Master Cylinder. Visually inspect master cylinder for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Brake System—Air."> <paragraph num="A."> <text>Low Air Indicator.</text> </paragraph> <paragraph num="B."> <text>Compressor and Belt or Belts.</text> </paragraph> <paragraph num="C."> <text>Compressor Operation. Air pressure shall be reduced to 50 psi and the engine started and operated at approximately 1200 rpm.</text> </paragraph> <paragraph num="D."> <text>Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.</text> </paragraph> <paragraph num="E."> <text>Air Reserve.</text> </paragraph> <paragraph num="F."> <text>Air Reservoir and Valves.</text> </paragraph> <paragraph num="G."> <text>Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).</text> </paragraph> <paragraph num="H."> <text>Gladhands and Air System.</text> </paragraph> <paragraph num="I."> <text>Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:</text> </paragraph> <paragraph num="J."> <text>Slack Adjuster (Push Rod) Travel. With the assistance of a second party, make a treadle valve application at 85 psi in system and note rod travel.</text> </paragraph> <paragraph num="K."> <text>Wedge Brake. With the assistance of a second party, make a full brake application.</text> </paragraph> <paragraph num="L."> <text>Brake Camshafts.</text> </paragraph> <paragraph num="M."> <text>Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.</text> </paragraph> <paragraph num="N."> <text>Brake Drums Air Brakes.</text> </paragraph> <paragraph num="O."> <text>Disc Brakes—Air.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Tires."> <paragraph num="A."> <text>Tire Inspection—Steering Axle.</text> </paragraph> <paragraph num="B."> <text>Tire Inspection—Nonsteering Axle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Wheels, Rims, Lock Rings, Studs, and Nuts."> <paragraph num="A."> <text>Wheels. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Rims. Visually inspect for:</text> </paragraph> <paragraph num="C."> <text>Lock Rings.</text> </paragraph> <paragraph num="D."> <text>Studs, Nuts, and Clamps. Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Accelerator Pedal and Air Throttle."> <paragraph num="A."> <text>Inspect pedals for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Fuel Storage and Delivery System."> <paragraph num="A."> <text>Fuel Storage. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Fuel Delivery System. Visually inspect:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Exhaust System."> <paragraph num="A."> <text>Visually inspect:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Universal Joints and U-Clamps."> <paragraph num="A."> <text>Universal Joints. With spring brakes on and gear selector in neutral, place a small bar between the yoke and the U-joint and rotate the shaft back and forth.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Vehicle Frame, Body, and Sheet Metal."> <paragraph num="A."> <text>Frame.</text> </paragraph> <paragraph num="B."> <text>Engine Mounting.</text> </paragraph> <paragraph num="C."> <text>Frame Cross Member.</text> </paragraph> <paragraph num="D."> <text>Cab Mounts.</text> </paragraph> <paragraph num="E."> <text>Tilt Cab. Inspect for presence and condition of:</text> </paragraph> <paragraph num="F."> <text>Air Suspension Cab.</text> </paragraph> <paragraph num="G."> <text>Cab Floors and Floor Covering.</text> </paragraph> <paragraph num="H."> <text>Hood or Engine Cover.</text> </paragraph> <paragraph num="I."> <text>Doors, Handles, Latches, and Hinges.</text> </paragraph> <paragraph num="J."> <text>Cab Step and Grab Handles.</text> </paragraph> <paragraph num="K."> <text>Fenders and Rear Protector (Mud) Flaps. Rear protector flaps are not required on an uncoupled truck tractor, farm truck, farm truck tractor, pole trailer, or any vehicle when the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.</text> </paragraph> <paragraph num="L."> <text>Sheet Metal.</text> </paragraph> <paragraph num="M."> <text>Bumpers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Lighting."> <paragraph num="A."> <text>Headlamps. Inspect headlamps for:</text> </paragraph> <paragraph num="B."> <text>Tail Lamps. Inspect tail lamps for:</text> </paragraph> <paragraph num="C."> <text>Stop Lamps. Inspect stop lamps for:</text> </paragraph> <paragraph num="D."> <text>Turn Signal Lamps. Inspect turn signal lamps for:</text> </paragraph> <paragraph num="E."> <text>Hazard Warning Lamps. Inspect hazard warning lamps for:</text> </paragraph> <paragraph num="F."> <text>Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:</text> </paragraph> <paragraph num="G."> <text>Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width or on rear of truck tractors. Inspect clearance lamps for:</text> </paragraph> <paragraph num="H."> <text>Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width, or on rear of truck tractors. Inspect identification lamps for:</text> </paragraph> <paragraph num="I."> <text>License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:</text> </paragraph> <paragraph num="J."> <text>Additional Lamps (if Equipped).</text> </paragraph> <paragraph num="K."> <text>Instrument and Indicator Lamps. Inspect for presence and function of:</text> </paragraph> <paragraph num="L."> <text>Reflectors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Electrical System."> <paragraph num="A."> <text>Wiring. Visually inspect wiring for:</text> </paragraph> <paragraph num="B."> <text>Battery. Visually inspect battery for:</text> </paragraph> <paragraph num="C."> <text>Trailer Cord. Inspect trailer cord for:</text> </paragraph> <paragraph num="D."> <text>Switches.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Emergency Equipment."> <paragraph num="A."> <text>Roadside Warning Devices. Each vehicle shall be equipped with three bidirectional emergency reflective triangles. Inspect bidirectional emergency reflective triangles for:</text> </paragraph> <paragraph num="B."> <text>Fire Extinguisher. Vehicles used to transport hazardous materials shall be equipped with a fire extinguisher with an Underwriters Laboratory rating of at least 10 BC. Vehicles used to transport nonhazardous materials shall be equipped with at least one fire extinguisher with an Underwriters Laboratory rating of at least 5 BC or two fire extinguishers with an Underwriters Laboratory rating of at least 4 BC. Inspect fire extinguisher for:</text> </paragraph> <paragraph num="C."> <text>Fuses. Each vehicle using fused electric circuits shall be equipped with at least one spare fuse of each type and size of the fuses used in the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Seats and Seat Belts."> <paragraph num="A."> <text>Seats. Visually inspect seat for:</text> </paragraph> <paragraph num="B."> <text>Seat Belts (Applicable to Vehicles Manufactured on and after January 1, 1965). Inspect seat belt for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Sun Visor."> <paragraph num="A."> <text>Visually inspect visor for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Mirrors."> <paragraph num="A."> <text>Outside Mirrors. From driver's seat, inspect mirrors for:</text> </paragraph> <paragraph num="B."> <text>Inside Mirror (When Required). From driver's seat, inspect mirror for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Glazing."> <paragraph num="A."> <text>Windshield. Visually inspect windshield for:</text> </paragraph> <paragraph num="B."> <text>Side Windows. Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Windshield Wipers and Washers."> <paragraph num="A."> <text>Windshield Wipers. Inspect windshield wipers for:</text> </paragraph> <paragraph num="B."> <text>Windshield Washers (if Equipped).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Defroster."> <paragraph num="A."> <text>Defroster.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Automatic Transmission Gear Selector/Neutral Safety Switch."> <paragraph num="A."> <text>Gear Selector.</text> </paragraph> <paragraph num="B."> <text>Neutral Safety Switch.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Speedometer and Odometer."> <paragraph num="A."> <text>Speedometer.</text> </paragraph> <paragraph num="B."> <text>Odometer/hubometer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Brake and Clutch Pedal."> <paragraph num="A."> <text>Brake Pedal. Inspect brake pedal for:</text> </paragraph> <paragraph num="B."> <text>Clutch Pedal. Inspect clutch pedal for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Horn."> <paragraph num="A."> <text>Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Hitches and Coupling Devices."> <paragraph num="A."> <text>Fifth Wheel Coupling. Inspect for:</text> </paragraph> <paragraph num="B."> <text>No-Slack Hitch. Apply air pressure to no-slack hitch before inspecting.</text> </paragraph> <paragraph num="C."> <text>Trailer Hitches. Inspect hitch for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Tanks and Pressure Vessels."> <paragraph num="A."> <text>Tanks. Inspect:</text> </paragraph> <paragraph num="B."> <text>Pressure Vessels. Inspect:</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1990 (16:26 Md. R. 2796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)</annotation> </annotations> </chapter> <chapter num="03" heading="Preventive Maintenance Standards for Multipurpose Passenger Vehicles and Passenger Buses"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class M (multipurpose) passenger vehicle which has a seating capacity for 16 or more passengers including the driver or was previously registered as a Class H (school) vehicle or a Class P (passenger bus) vehicle, and which is used primarily to transport passengers, under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any bus designed and used to carry more than 10 people owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance for 12 months or 25,000 miles, whichever occurs first. Therefore, more frequent maintenance, service, and repair as deemed necessary by the owner is permitted and recommended.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Alignment."> <paragraph num="A."> <text>Axles, beams, spindles, or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suspension."> <paragraph num="A."> <text>Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torque arms, torsion bars, or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:</text> </paragraph> <paragraph num="B."> <text>Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="C."> <text>Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).</text> </paragraph> <paragraph num="D."> <text>Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="E."> <text>Tandem Axle Walking Beams.</text> </paragraph> <paragraph num="F."> <text>Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.</text> </paragraph> <paragraph num="G."> <text>Air Suspension Nondriving Rear Axle. Inspection is conducted with normal air pressure in suspension system.</text> </paragraph> <paragraph num="H."> <text>Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:</text> </paragraph> <paragraph num="I."> <text>Road Clearance.</text> </paragraph> <paragraph num="J."> <text>Kingpins. Raise or jack the vehicle by the frame or suspension. Brakes should be applied to eliminate wheel bearing play.</text> </paragraph> <paragraph num="K."> <text>Ball Joints. Inspect ball joints for vertical and horizontal movement, modifications, and damage.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Steering."> <paragraph num="A."> <text>Lash. Inspection of vehicles equipped with power steering shall be conducted with the engine running, power steering fluid at the proper level, and belts in proper condition and tension.</text> </paragraph> <paragraph num="B."> <text>Front Wheel Bearings. With front wheels raised, grasp wheel and tire assembly at top and bottom and rock wheel in and out. Wheel bearing movement is determined by movement of brake drum and backing plate or brake disc and shields. Do not confuse suspension or ball joint play with wheel bearing play.</text> </paragraph> <paragraph num="C."> <text>Steering Travel. Turn steering wheel through full right and full left cycle. The vehicle may be slowly moved or the steering wheels raised to ease inspection. Inspect for:</text> </paragraph> <paragraph num="D."> <text>Steering Linkage. Move steering wheel left and right and observe movement in steering components. If the vehicle is equipped with power steering, run the engine. Visually inspect:</text> </paragraph> <paragraph num="E."> <text>Power Steering System. Manually and visually inspect entire system for:</text> </paragraph> <paragraph num="F."> <text>Collapsible Steering Column (if applicable). Inspect for condition and mounting.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Brake Systems—Hydraulic and Vacuum."> <paragraph num="A."> <text>Parking Brakes.</text> </paragraph> <paragraph num="B."> <text>Brake Lines and Hoses. Visually inspect:</text> </paragraph> <paragraph num="C."> <text>Brake Failure Indicators. Visually inspect:</text> </paragraph> <paragraph num="D."> <text>Brake Pedal Reserve and Leakage Test. Without pumping or repeated brake pedal applications, apply a moderate foot force to pedal and maintain for 1 minute. Inspect:</text> </paragraph> <paragraph num="E."> <text>Hydraulic System with Hydraulic Assist. Vehicles equipped with an electrically driven hydraulic pump that functions in the event of a power steering failure may be checked by applying pressure on the brake pedal and turn the ignition switch from “off” to “on” position.</text> </paragraph> <paragraph num="F."> <text>Vacuum System.</text> </paragraph> <paragraph num="G."> <text>Power Brake Operation.</text> </paragraph> <paragraph num="H."> <text>Vacuum Reserve.</text> </paragraph> <paragraph num="I."> <text>Vacuum Pump (if Applicable).</text> </paragraph> <paragraph num="J."> <text>Drum Brakes—Hydraulic.</text> </paragraph> <paragraph num="K."> <text>Disc Brakes—Hydraulic.</text> </paragraph> <paragraph num="L."> <text>Brake Lines and Hoses—Hydraulic.</text> </paragraph> <paragraph num="M."> <text>Master Cylinder. Visually inspect master cylinder for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Brake System — Air."> <paragraph num="A."> <text>Low Air Indicator.</text> </paragraph> <paragraph num="B."> <text>Compressor and Belt or Belts.</text> </paragraph> <paragraph num="C."> <text>Compressor Operation. Air pressure shall be reduced to 50 psi and the engine started and operated at approximately 1200 rpm.</text> </paragraph> <paragraph num="D."> <text>Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.</text> </paragraph> <paragraph num="E."> <text>Air Reserve.</text> </paragraph> <paragraph num="F."> <text>Air Reservoir and Valves.</text> </paragraph> <paragraph num="G."> <text>Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).</text> </paragraph> <paragraph num="H."> <text>Air System.</text> </paragraph> <paragraph num="I."> <text>Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:</text> </paragraph> <paragraph num="J."> <text>Slack Adjuster (Push Rod) Travel. With the assistance of a second party, make a treadle valve application at 85 psi in system and note rod travel.</text> </paragraph> <paragraph num="K."> <text>Wedge Brake. With the assistance of a second party, make a full brake application.</text> </paragraph> <paragraph num="L."> <text>Brake Camshafts.</text> </paragraph> <paragraph num="M."> <text>Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.</text> </paragraph> <paragraph num="N."> <text>Brake Drums—Air Brakes.</text> </paragraph> <paragraph num="O."> <text>Disc Brakes—Air.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Tires."> <paragraph num="A."> <text>Tire Inspection—Steering Axle.</text> </paragraph> <paragraph num="B."> <text>Tire Inspection—Nonsteering Axle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Wheels, Rims, Lock Rings, Studs, and Nuts."> <paragraph num="A."> <text>Wheels. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Rims. Visually inspect for:</text> </paragraph> <paragraph num="C."> <text>Lock Rings.</text> </paragraph> <paragraph num="D."> <text>Studs, Nuts, and Clamps. Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Accelerator Pedal and Air Throttle."> <paragraph num="A."> <text>Inspect pedals for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Fuel Storage and Delivery System."> <paragraph num="A."> <text>Fuel Storage. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Fuel Delivery System. Visually inspect:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Exhaust System."> <paragraph num="A."> <text>Visually inspect:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Universal Joints and U-Clamps."> <paragraph num="A."> <text>Universal Joints. With spring brakes on and gear selector in neutral, place a small bar between the yoke and the U-joint and rotate the shaft back and forth.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Vehicle Frame, Body, and Sheet Metal."> <paragraph num="A."> <text>Frame.</text> </paragraph> <paragraph num="B."> <text>Engine Mounting.</text> </paragraph> <paragraph num="C."> <text>Frame Cross Member.</text> </paragraph> <paragraph num="D."> <text>Body Mounts.</text> </paragraph> <paragraph num="E."> <text>Floors and Floor Covering.</text> </paragraph> <paragraph num="F."> <text>Hood or Engine Cover.</text> </paragraph> <paragraph num="G."> <text>Doors, Handles, Latches, and Hinges.</text> </paragraph> <paragraph num="H."> <text>Entrance Steps and Grab Handles or Bars.</text> </paragraph> <paragraph num="I."> <text>Fenders and Rear Protector (Mud) Flaps. Rear protector flaps are not required on an uncoupled truck tractor, farm truck, farm truck tractor, pole trailer, or any vehicle when the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.</text> </paragraph> <paragraph num="J."> <text>Sheet Metal.</text> </paragraph> <paragraph num="K."> <text>Bumpers.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Lighting."> <paragraph num="A."> <text>Headlamps. Inspect headlamps for:</text> </paragraph> <paragraph num="B."> <text>Tail Lamps. Inspect tail lamps for:</text> </paragraph> <paragraph num="C."> <text>Stop Lamps. Inspect stop lamps for:</text> </paragraph> <paragraph num="D."> <text>Turn Signal Lamps. Inspect turn signal lamps for:</text> </paragraph> <paragraph num="E."> <text>Hazard Warning Lamps. Inspect hazard warning lamps for:</text> </paragraph> <paragraph num="F."> <text>Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:</text> </paragraph> <paragraph num="G."> <text>Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width. Inspect clearance lamps for:</text> </paragraph> <paragraph num="H."> <text>Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width. Inspect identification lamps for:</text> </paragraph> <paragraph num="I."> <text>License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:</text> </paragraph> <paragraph num="J."> <text>Additional Lamps (if Equipped).</text> </paragraph> <paragraph num="K."> <text>Instrument and Indicator Lamps. Inspect for presence and function of:</text> </paragraph> <paragraph num="L."> <text>Reflectors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Electrical System."> <paragraph num="A."> <text>Wiring. Visually inspect wiring for:</text> </paragraph> <paragraph num="B."> <text>Battery. Visually inspect battery for:</text> </paragraph> <paragraph num="C."> <text>Switches.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Emergency Equipment."> <paragraph num="A."> <text>Roadside Warning Devices. Each vehicle shall be equipped with three bidirectional emergency reflective triangles. Inspect bidirectional emergency reflective triangles for:</text> </paragraph> <paragraph num="B."> <text>Extinguisher. Vehicles used to transport hazardous materials shall be equipped with a fire extinguisher with an Underwriters Laboratory rating of at least 10 BC. Vehicles used to transport nonhazardous materials shall be equipped with at least one fire extinguisher with an Underwriters Laboratory rating of at least 5 BC or two fire extinguishers with an Underwriters</text> </paragraph> <paragraph num="C."> <text>Fuses. Each vehicle using fused electric circuits shall be equipped with at least one spare fuse of each type and size of the fuses used in the vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Seats and Seat Belts."> <paragraph num="A."> <text>Seats. Visually inspect seat for:</text> </paragraph> <paragraph num="B."> <text>Seat Belts (Applicable to Vehicles Manufactured on and after January 1, 1965). Inspect seat belt for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Sun Visor."> <paragraph num="A."> <text>Visually inspect visor for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Mirrors."> <paragraph num="A."> <text>Outside Mirrors. From driver's seat, inspect mirrors for:</text> </paragraph> <paragraph num="B."> <text>Inside Mirror (When Required). From driver's seat, inspect mirror for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Glazing."> <paragraph num="A."> <text>Windshield. Visually inspect windshield for:</text> </paragraph> <paragraph num="B."> <text>Side Windows. Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Windshield Wipers and Washers."> <paragraph num="A."> <text>Windshield Wipers. Inspect windshield wipers for:</text> </paragraph> <paragraph num="B."> <text>Windshield Washers (if Equipped).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Defroster."> <paragraph num="A."> <text>Defroster.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Automatic Transmission Gear Selector/Neutral Safety Switch."> <paragraph num="A."> <text>Gear Selector.</text> </paragraph> <paragraph num="B."> <text>Neutral Safety Switch.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Speedometer and Odometer."> <paragraph num="A."> <text>Speedometer.</text> </paragraph> <paragraph num="B."> <text>Odometer/hubometer.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Brake and Clutch Pedal."> <paragraph num="A."> <text>Brake Pedal. Inspect brake pedal for:</text> </paragraph> <paragraph num="B."> <text>Clutch Pedal. Inspect clutch pedal for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Horn."> <paragraph num="A."> <text>Inspect for:</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1990 (16:26 Md. R. 2796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)</annotation> </annotations> </chapter> <chapter num="04" heading="Preventive Maintenance Standards for Freight Trailers and Freight Semitrailers"> <regulation prefix="Regulation" num=".01" heading="Applicability."> <text>The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class G (freight trailer) vehicle under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any freight trailer or semitrailer owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance for 12 months or 25,000 miles, whichever occurs first. Therefore, more frequent maintenance, service, and repair as deemed necessary by the owner is permitted and recommended.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Alignment."> <paragraph num="A."> <text>Axles, beams, spindles or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Suspension."> <paragraph num="A."> <text>Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torsion bars or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:</text> </paragraph> <paragraph num="B."> <text>Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="C."> <text>Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).</text> </paragraph> <paragraph num="D."> <text>Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.</text> </paragraph> <paragraph num="E."> <text>Tandem Axle Walking Beams.</text> </paragraph> <paragraph num="F."> <text>Sliding Bogie.</text> </paragraph> <paragraph num="G."> <text>Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.</text> </paragraph> <paragraph num="H."> <text>Air Suspension. Inspection is conducted with normal air pressure in suspension system.</text> </paragraph> <paragraph num="I."> <text>Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:</text> </paragraph> <paragraph num="J."> <text>Road Clearance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Brake Systems — Hydraulic and Vacuum."> <paragraph num="A."> <text>Brake Lines and Hoses. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Vacuum System.</text> </paragraph> <paragraph num="C."> <text>Drum Brakes—Hydraulic.</text> </paragraph> <paragraph num="D."> <text>Disc Brakes—Hydraulic.</text> </paragraph> <paragraph num="E."> <text>Brake Lines and Hoses—Hydraulic.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Brake System — Air."> <paragraph num="A."> <text>Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.</text> </paragraph> <paragraph num="B."> <text>Air Reservoir and Valves.</text> </paragraph> <paragraph num="C."> <text>Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).</text> </paragraph> <paragraph num="D."> <text>Gladhands and Air System.</text> </paragraph> <paragraph num="E."> <text>Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:</text> </paragraph> <paragraph num="F."> <text>Slack Adjuster (Push Rod) Travel. With the assistance of a second party, apply 85 psi in system and note rod travel.</text> </paragraph> <paragraph num="G."> <text>Wedge Brake. With the assistance of a second party, make a full brake application.</text> </paragraph> <paragraph num="H."> <text>Brake Camshafts.</text> </paragraph> <paragraph num="I."> <text>Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.</text> </paragraph> <paragraph num="J."> <text>Brake Drums—Air Brakes.</text> </paragraph> <paragraph num="K."> <text>Disc Brakes—Air.</text> </paragraph> <paragraph num="L."> <text>Brakes—Electric.</text> </paragraph> <paragraph num="M."> <text>Break Away (Emergency Brake).</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Tires."> <paragraph num="A."> <text>Tire Inspection—Nonsteering Axle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Wheels, Rims, Lock Rings, Studs, and Nuts."> <paragraph num="A."> <text>Wheels. Visually inspect:</text> </paragraph> <paragraph num="B."> <text>Rims. Visually inspect for:</text> </paragraph> <paragraph num="C."> <text>Lock Rings.</text> </paragraph> <paragraph num="D."> <text>Studs, Nuts, and Clamps. Inspect for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Vehicle Frame, Body, and Sheet Metal."> <paragraph num="A."> <text>Frame.</text> </paragraph> <paragraph num="B."> <text>Frame Cross Members.</text> </paragraph> <paragraph num="C."> <text>Body Mounts.</text> </paragraph> <paragraph num="D."> <text>Floors (if Applicable).</text> </paragraph> <paragraph num="E."> <text>Doors, Handles, Latches, and Hinges.</text> </paragraph> <paragraph num="F."> <text>Landing Gear (if Applicable).</text> </paragraph> <paragraph num="G."> <text>Rear Protector (Mud) Flaps. Rear protector flaps are not required on a vehicle when the construction is such that complete freedom around the wheel</text> </paragraph> <paragraph num="H."> <text>Sheet Metal.</text> </paragraph> <paragraph num="I."> <text>Rear Metal Frame. Each trailer and semitrailer, when operated on the highways, shall be equipped with a permanent metal frame attached to the underside of the rear of the trailer. The frame may not be wider than the width of the trailer and more than 30 inches above the highway, and shall be constructed of heavy gauge steel. The maximum The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches. Any trailer or semitrailer so constructed and maintained that the body, chassis, or other parts afford the required protection is in compliance with this regulation. This regulation does not apply to pole trailers or trailers or semitrailers when the installation of the frame would prevent operation of the vehicle in fulfilling its designed use. The frame may not interfere with lights or other warning devices. Inspect rear metal frame for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Lighting."> <paragraph num="A."> <text>Tail Lamps. Inspect tail lamps for:</text> </paragraph> <paragraph num="B."> <text>Stop Lamps. Inspect stop lamps for:</text> </paragraph> <paragraph num="C."> <text>Turn Signal Lamps. Inspect turn signal lamps for:</text> </paragraph> <paragraph num="D."> <text>Hazard Warning Lamps. Inspect hazard warning lamps for:</text> </paragraph> <paragraph num="E."> <text>Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:</text> </paragraph> <paragraph num="F."> <text>Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width or on rear of truck tractors. Inspect clearance lamps for:</text> </paragraph> <paragraph num="G."> <text>Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width. Inspect identification lamps for:</text> </paragraph> <paragraph num="H."> <text>License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:</text> </paragraph> <paragraph num="I."> <text>Additional Lamps (if Equipped).</text> </paragraph> <paragraph num="J."> <text>Reflectors.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Electrical System."> <paragraph num="A."> <text>Wiring. Visually inspect wiring for:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Hitches and Coupling Devices."> <paragraph num="A."> <text>Upper Fifth Wheel Plate.</text> </paragraph> <paragraph num="B."> <text>Kingpin.</text> </paragraph> <paragraph num="C."> <text>No-Slack Hitch. Apply air pressure to no-slack hitch before inspecting.</text> </paragraph> <paragraph num="D."> <text>Converter Dolly and Fifth Wheel Structure. Inspect:</text> </paragraph> <paragraph num="E."> <text>Trailer Hitches. Inspect hitch for:</text> </paragraph> <paragraph num="F."> <text>Secondary Attachments. Inspect for presence and condition of:</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Tanks and Pressure Vessels."> <paragraph num="A."> <text>Tanks. Inspect:</text> </paragraph> <paragraph num="B."> <text>Pressure Vessels. Inspect:</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 8, 1990 (16:26 Md. R. 2796)</annotation> </annotations> </chapter> </subtitle> <subtitle num="23" heading="Motor Vehicle Administration — Drivers' Schools, Instructors, and Driver Education Program"> <chapter num="01" heading="Drivers' Schools"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to a business entity, organization, institution, or individual in the business of collecting a fee for providing instruction in the driving of motor vehicles.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Drivers' school” or “school” has the meaning set forth in Transportation Article, §15-701, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Driving instructor” has the meaning set forth in Transportation Article, §15-801, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Branch site” means a drivers' school business office, classroom, or training site used by a licensed school other than the primary business office, classroom, or training site.</text> </paragraph> <paragraph num="(5)"> <text>“Instructor license” or “driving instructor license” means a license issued by the Administration under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, that authorizes an individual to give instruction in driving a motor vehicle.</text> </paragraph> <paragraph num="(6)"> <text>“License” or “drivers' school license” means a license issued by the Administration under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Drivers' School License."> <paragraph num="A."> <text>A driver school license issued by the Administration under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, authorizes a business entity, organization, institution, or individual to give instruction in the driving of motor vehicles in which a fee is collected.</text> </paragraph> <paragraph num="B."> <text>A business entity, organization, institution, or individual requesting a license to provide instruction in the driving of motor vehicles shall:</text> <paragraph num="(1)"> <text>Submit an application to the Administration requesting licensure and approval to conduct specific courses; and</text> </paragraph> <paragraph num="(2)"> <text>Be licensed and receive approval from the Administration before conducting the approved courses.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A drivers' school license may not be transferred, sold, or assigned without written approval from the Administration. Assignment of all or substantially all of the school's assets, or any assignment of interest in the stock or shares of the business, that results in a transfer of control of that business, shall be considered an assignment.</text> </paragraph> <paragraph num="D."> <text>A drivers' school may only provide the driver education program courses under Transportation Article, Title 16, Subtitle 5, Annotated Code of Maryland, if the school is:</text> <paragraph num="(1)"> <text>Licensed under this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Certified by the Administration under COMAR 11.23.02.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Qualifications for Drivers' School License Applicants."> <paragraph num="A."> <text>An applicant for a drivers' school license:</text> <paragraph num="(1)"> <text>Shall be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>May not have a pending charge or criminal conviction for:</text> <paragraph num="(a)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor; or</text> </paragraph> <paragraph num="(e)"> <text>An offense within the last 5 years involving:</text> <paragraph num="(i)"> <text>A controlled dangerous substance;</text> </paragraph> <paragraph num="(ii)"> <text>Alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(iii)"> <text>A felony while operating a motor vehicle;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>May not have an outstanding complaint or pending charge for alleged violations that, if proven, would constitute grounds to refuse, suspend, or revoke the school license under Transportation Article, §§15-109 and 15-709, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>May not have a conviction set forth in §A(2) of this regulation within 5 years preceding the application date;</text> </paragraph> <paragraph num="(5)"> <text>Shall have a valid federal and State tax identification number;</text> </paragraph> <paragraph num="(6)"> <text>May not have an unresolved past due tax or other financial obligation due to Maryland;</text> </paragraph> <paragraph num="(7)"> <text>Shall be in compliance with all the State and local requirements to be licensed and authorized to do business in Maryland; and</text> </paragraph> <paragraph num="(8)"> <text>Shall have a designated business office located in Maryland with posted business hours.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the applicant for a school license is a partnership, corporation, or education institution, each individual responsible for the operation of the business shall meet the qualifications and requirements set forth in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Applying for a School License."> <paragraph num="A."> <text>A business entity, organization, institution, or individual requesting a drivers' school license shall submit an application to the Administration.</text> </paragraph> <paragraph num="B."> <text>The application shall be signed by the authorized representative of the business entity, organization, or institution.</text> </paragraph> <paragraph num="C."> <text>The application shall be completed, in its entirety, and be accompanied by:</text> <paragraph num="(1)"> <text>A nonrefundable application fee set forth in COMAR 11.11.05;</text> </paragraph> <paragraph num="(2)"> <text>A description of the type of driving instruction that will be provided;</text> </paragraph> <paragraph num="(3)"> <text>A list of instructors, including qualifications, certifications, and education requirements for teaching the courses;</text> </paragraph> <paragraph num="(4)"> <text>A complete detailed copy of the curriculum that identifies:</text> <paragraph num="(a)"> <text>A detailed course description;</text> </paragraph> <paragraph num="(b)"> <text>The performance objectives to be achieved;</text> </paragraph> <paragraph num="(c)"> <text>The topic areas to be covered;</text> </paragraph> <paragraph num="(d)"> <text>A detailed description of the instruction that shall be completed in each unit or section;</text> </paragraph> <paragraph num="(e)"> <text>The standards for successful completion;</text> </paragraph> <paragraph num="(f)"> <text>The list of audiovisual materials to be used;</text> </paragraph> <paragraph num="(g)"> <text>The textbooks and reference materials to be used;</text> </paragraph> <paragraph num="(h)"> <text>Copies of the examinations, including knowledge and skill portions; and</text> </paragraph> <paragraph num="(i)"> <text>The typical course schedule of sessions;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>A description of the eligibility requirements to enroll and participate in the courses;</text> </paragraph> <paragraph num="(6)"> <text>A description of the course schedule that includes the:</text> <paragraph num="(a)"> <text>Number of hours per session;</text> </paragraph> <paragraph num="(b)"> <text>Number of sessions; and</text> </paragraph> <paragraph num="(c)"> <text>Normal times of day the course will be conducted;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Documentation acceptable to the Administration that the applicant has:</text> <paragraph num="(a)"> <text>Workers' Compensation and Unemployment insurance for all school employees;</text> </paragraph> <paragraph num="(b)"> <text>General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and</text> </paragraph> <paragraph num="(c)"> <text>A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A list of each training vehicle to be used by the school for instruction to include:</text> <paragraph num="(a)"> <text>The vehicle's year, make, registration plate number, and vehicle identification number;</text> </paragraph> <paragraph num="(b)"> <text>Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, a copy of the certificate of inspection issued within the last 3 months by a Maryland authorized inspection station;</text> </paragraph> <paragraph num="(c)"> <text>A copy of the insurance certificate showing evidence of current required vehicle liability coverage; and</text> </paragraph> <paragraph num="(d)"> <text>The safety equipment installed in each vehicle; and</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>A statement certifying under penalty of perjury the applicant has never had a drivers' school license revoked in Maryland or any other state.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration may waive the drivers' school application fee, license fee, renewal fee, and the surety bond requirement for an educational institution that:</text> <paragraph num="(1)"> <text>Offers the instruction as part of the normal school-day curriculum; and</text> </paragraph> <paragraph num="(2)"> <text>Does not charge a fee for conducting the approved course.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A separate application accompanied by all the required documentation shall be submitted for each drivers' school business office, classroom, or training site.</text> </paragraph> <paragraph num="F."> <text>A drivers' school license may only be issued by the Administration if:</text> <paragraph num="(1)"> <text>All the requirements set forth in this chapter have been met; and</text> </paragraph> <paragraph num="(2)"> <text>The applicant has successfully completed the orientation conducted by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Branch School License."> <paragraph num="A."> <text>A business office, classroom, or training site at a location other than the primary site listed in the drivers' school license application shall be separately licensed as a branch before use by a school.</text> </paragraph> <paragraph num="B."> <text>The application for a branch license shall be submitted to the Administration on a form required by the Administration.</text> </paragraph> <paragraph num="C."> <text>The application shall be signed and certified by the school's owner or authorized representative of the business entity, organization, or institution.</text> </paragraph> <paragraph num="D."> <text>An applicant shall pay the fee set forth in COMAR 11.11.05 for the initial issuance and for each renewal of a branch license.</text> </paragraph> <paragraph num="E."> <text>A branch license may only be issued by the Administration when all the requirements set forth in this regulation have been met.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Operational Requirements for a Drivers' School License."> <paragraph num="A."> <text>A drivers' school licensed by the Administration shall:</text> <paragraph num="(1)"> <text>Display the school's license in a conspicuous place in the business office;</text> </paragraph> <paragraph num="(2)"> <text>Use only school training vehicles approved by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Use only the curricula, instructional materials, quizzes, tests, and forms approved by the Administration;</text> </paragraph> <paragraph num="(4)"> <text>Make operation and student records available for inspection by the Administration during the school's posted business hours;</text> </paragraph> <paragraph num="(5)"> <text>Comply with:</text> <paragraph num="(a)"> <text>Nondiscrimination requirements in providing services without regard to race, creed, color, age, gender, sexual orientation, national origin, marital status, disabilities, or any other classification required under local, State, and federal laws and regulations including, but not limited to the Americans with Disabilities Act;</text> </paragraph> <paragraph num="(b)"> <text>Any decisions, direction, or findings made by a federal or State agency as the result of any complaint filed with these agencies asserting a violation of any local, State, or federal law; and</text> </paragraph> <paragraph num="(c)"> <text>All State and local building, zoning, fire and safety regulations, codes and standards for use as a business office or classroom, including a posted certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>Report, in writing, to the Administration within 30 days any changes in the information supplied in the latest application or renewal form, including information on any training vehicles or information on any instructors terminated or no longer employed by the school;</text> </paragraph> <paragraph num="(7)"> <text>Maintain at all times:</text> <paragraph num="(a)"> <text>An Administration approved business office located in Maryland;</text> </paragraph> <paragraph num="(b)"> <text>Workers' Compensation and Unemployment insurance continuously in force for all school employees;</text> </paragraph> <paragraph num="(c)"> <text>General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program; and</text> </paragraph> <paragraph num="(d)"> <text>A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>Ensure that each class is conducted in only one language, excluding sign language.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each school owner and individuals responsible for the operation of the business shall have no pending charges or criminal convictions for:</text> <paragraph num="(1)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(4)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(5)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(6)"> <text>An offense involving alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(7)"> <text>A felony involving the use of a motor vehicle.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A drivers' school licensed by the Administration may not:</text> <paragraph num="(1)"> <text>Endanger an employee, a student, or instructor;</text> </paragraph> <paragraph num="(2)"> <text>Subcontract any portion of the program without prior approval from the Administration; or</text> </paragraph> <paragraph num="(3)"> <text>Use any publication or advertisement that is false, deceptive, or misleading.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Record and Report Requirements for a Drivers' School."> <paragraph num="A."> <text>A drivers' school shall maintain for 3 years in a secure location, in hard copy or electronic format, records and reports of all business activities of the school. These records shall include:</text> <paragraph num="(1)"> <text>Instructor employment records;</text> </paragraph> <paragraph num="(2)"> <text>Training vehicle insurance, maintenance, inspection, and registration records;</text> </paragraph> <paragraph num="(3)"> <text>Surety bond certificates;</text> </paragraph> <paragraph num="(4)"> <text>Results of tests and evaluations administered to each student;</text> </paragraph> <paragraph num="(5)"> <text>The number of students trained annually; and</text> </paragraph> <paragraph num="(6)"> <text>Signed student rights and responsibilities forms provided in accordance with COMAR 11.23.02.08E.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Records shall be made available to the Administration during the school's posted business hours.</text> </paragraph> <paragraph num="C."> <text>If the records of a drivers' school become lost, mutilated, or destroyed, the school shall notify the Administration immediately, in writing, and state the date and circumstances involving the loss, mutilation, or destruction of the records.</text> </paragraph> <paragraph num="D."> <text>A school shall immediately notify the Administration of any vehicular crash involving a training vehicle resulting in a fatality.</text> </paragraph> <paragraph num="E."> <text>Effective January 1, 2010, a school shall electronically submit an annual report to the Administration by January 31st for the previous calendar year in the format required by the Administration. The report shall include the number of students trained annually and each student's name, soundex or license number, and date of birth.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Renewing a Drivers' School License."> <paragraph num="A."> <text>A drivers' school license and branch license is valid for 2 years from the date issued.</text> </paragraph> <paragraph num="B."> <text>A drivers' school license automatically expires at the end of 2 years unless renewed by the Administration in accordance with the requirements set forth in this regulation.</text> </paragraph> <paragraph num="C."> <text>To apply for the renewal of a school license, a school shall be in compliance with all the laws, rules, regulations, and policies governing the program.</text> </paragraph> <paragraph num="D."> <text>An applicant for the renewal of a school license shall submit a completed renewal application to the Administration accompanied by:</text> <paragraph num="(1)"> <text>The required license fee set forth in COMAR 11.11.05; and</text> </paragraph> <paragraph num="(2)"> <text>Documentation acceptable to the Administration that the applicant has:</text> <paragraph num="(a)"> <text>Workers' Compensation and Unemployment insurance for all school employees;</text> </paragraph> <paragraph num="(b)"> <text>General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and</text> </paragraph> <paragraph num="(c)"> <text>A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Before the Administration approves a renewal, a licensed school shall resolve pending charges and complaints and take appropriate remedial action while the current license is in force.</text> </paragraph> <paragraph num="F."> <text>A school license shall expire on the expiration date if the completed application for renewal is not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.</text> </paragraph> <paragraph num="G."> <text>A licensed school that submits a renewal application to the Administration after the license has expired shall reapply for a license and meet all the application requirements for a license set forth in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Replacing a Drivers' School License."> <paragraph num="A."> <text>A school may request a duplicate license to replace one that has been lost, stolen, mutilated, or destroyed.</text> </paragraph> <paragraph num="B."> <text>To obtain a duplicate license, the school shall:</text> <paragraph num="(1)"> <text>Submit a request for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the license;</text> </paragraph> <paragraph num="(2)"> <text>If mutilated, surrender the mutilated license; and</text> </paragraph> <paragraph num="(3)"> <text>Pay the duplicate license fee set forth in COMAR 11.11.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Refusing, Suspending, or Revoking a Drivers' School License."> <paragraph num="A."> <text>Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may after notice and hearing suspend, revoke, or refuse to renew a drivers' school license or, after notice and opportunity for hearing, issue a drivers' school license, if the Administration finds that the school has failed to comply with any of the requirements pertaining to the program and school license set forth in this chapter or under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Administration shall after notice and hearing refuse to renew or, after notice and opportunity for hearing, issue an initial school license, if the school or applicant:</text> <paragraph num="(1)"> <text>Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or</text> </paragraph> <paragraph num="(2)"> <text>Fails to meet any of the requirements set forth in Regulations .04 — .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A most serious violation, when committed by a school owner or individual responsible for the operation of the business, shall result in a fine of $1,000 for each offense and other disciplinary action. Any second most serious violation shall result in a revocation of the school's license.</text> </paragraph> <paragraph num="D."> <text>The most serious violations include a charge for:</text> <paragraph num="(1)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(4)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(5)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(6)"> <text>An offense involving alcohol or drugs while operating a motor vehicle;</text> </paragraph> <paragraph num="(7)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> <paragraph num="(8)"> <text>Acting in a manner that is unsafe for students participating in the program; or</text> </paragraph> <paragraph num="(9)"> <text>Allowing an individual to provide instruction in the operation of a motor vehicle while the instructor license is refused, suspended, or revoked.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §D of this regulation, all other violations set forth in this regulation shall be considered a serious violation.</text> </paragraph> <paragraph num="F."> <text>The Administration shall take progressive disciplinary action for any serious violation. The disciplinary action may include a conference, fines, or a suspension or revocation of a school's license.</text> </paragraph> <paragraph num="G."> <text>If the Administration refuses to renew, suspends, or revokes a school's license, the school shall have the right to a hearing, as set forth in Transportation Article, §15-110, Annotated Code of Maryland.</text> </paragraph> <paragraph num="H."> <text>A school whose license has been suspended or revoked shall immediately:</text> <paragraph num="(1)"> <text>Surrender the school's license to the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Stop conducting courses and all school operations; and</text> </paragraph> <paragraph num="(3)"> <text>Refund the fees paid by the students who enrolled in the courses as follows:</text> <paragraph num="(a)"> <text>Refund 100 percent of the fees paid if instruction has not started or if the first class of a course was not completed; and</text> </paragraph> <paragraph num="(b)"> <text>In all other cases, refund a prorated amount based on the portion of courses that have not been completed.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Driving Instructor License."> <paragraph num="A."> <text>Under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, an individual shall be licensed by the Administration as a driving instructor in order to provide instruction in driving of motor vehicles if the individual receives or expects to receive compensation for the instruction.</text> </paragraph> <paragraph num="B."> <text>A licensed instructor may not provide instruction in the driving of a motor vehicle for compensation unless employed by a drivers' school licensed by the Administration.</text> </paragraph> <paragraph num="C."> <text>An individual may be licensed by the Administration to provide:</text> <paragraph num="(1)"> <text>Behind-the-wheel instruction only;</text> </paragraph> <paragraph num="(2)"> <text>Classroom instruction only; or</text> </paragraph> <paragraph num="(3)"> <text>Both classroom and behind-the-wheel instruction.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A driving instructor license may not be transferred, sold, or assigned.</text> </paragraph> <paragraph num="E."> <text>A driving instructor may only teach the driver education program courses under Transportation Article, Title 16, Subtitle 5, Annotated Code of Maryland, if licensed under this chapter and certified by the Administration under COMAR 11.23.02.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Qualifications for a Driving Instructor License."> <paragraph num="A."> <text>An individual applying for a driving instructor license:</text> <paragraph num="(1)"> <text>Shall be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Shall possess a high school certificate of graduation, its equivalent, or a college degree;</text> </paragraph> <paragraph num="(3)"> <text>Shall possess a valid driver's license issued by Maryland or another state to drive the class of vehicle in which instruction is to be given, and have no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>May not have more than four active points on their current driving record;</text> </paragraph> <paragraph num="(5)"> <text>May not have a pending charge or criminal conviction for:</text> <paragraph num="(a)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor; or</text> </paragraph> <paragraph num="(e)"> <text>Any offense within the last 3 years involving:</text> <paragraph num="(i)"> <text>A controlled dangerous substance;</text> </paragraph> <paragraph num="(ii)"> <text>Alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(iii)"> <text>A felony while operating a motor vehicle;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>May not have a pending charge or criminal conviction for any offense within the last 3 years:</text> <paragraph num="(a)"> <text>Involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(b)"> <text>Involving alcohol or drugs while operating a motor vehicle; and</text> </paragraph> <paragraph num="(c)"> <text>For any felony involving the use of a motor vehicle;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>May not have a reportable medical condition; and</text> </paragraph> <paragraph num="(8)"> <text>May not have an outstanding criminal complaint or charge for an alleged violation that if proved would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual applying for an instructor license shall meet all the requirements for licensure before submitting an application to the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Background Checks."> <paragraph num="A."> <text>Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for a driving instructor license or renewal of a driving instructor license shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.</text> </paragraph> <paragraph num="B."> <text>The applicant shall:</text> <paragraph num="(1)"> <text>Be fingerprinted at an official site that provides electronic digital fingerprinting, to include:</text> <paragraph num="(a)"> <text>An official CJIS Central Repository site; or</text> </paragraph> <paragraph num="(b)"> <text>A CJIS Central Repository approved private provider;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and</text> </paragraph> <paragraph num="(3)"> <text>Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.</text> </paragraph> <paragraph num="D."> <text>Information received by the Administration on an applicant from the CJIS Central Repository shall be:</text> <paragraph num="(1)"> <text>Confidential and may not be disseminated; and</text> </paragraph> <paragraph num="(2)"> <text>Used only to determine the eligibility or disqualification of a driving instructor license or renewal of the driving instructor license.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>An applicant otherwise qualified by the Administration for an instructor license, may begin providing instruction:</text> <paragraph num="(1)"> <text>Pending the receipt of satisfactory data on their criminal history record, as set forth in Regulation .16 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Only while under the direct supervision of a licensed instructor, with a minimum of 2 years teaching experience.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Applying for a Driving Instructor License."> <paragraph num="A."> <text>A licensed school shall ensure that a prospective driving instructor's application is complete and contains all the required documents and information.</text> </paragraph> <paragraph num="B."> <text>The application for licensing shall be submitted to the Administration accompanied by:</text> <paragraph num="(1)"> <text>The license fee set forth in COMAR 11.11.05;</text> </paragraph> <paragraph num="(2)"> <text>Documentation of the successful completion of the required training and certification to teach the courses;</text> </paragraph> <paragraph num="(3)"> <text>A copy of the applicant's high school certificate, its equivalent, or college degree;</text> </paragraph> <paragraph num="(4)"> <text>A dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested;</text> </paragraph> <paragraph num="(5)"> <text>A copy of the applicant's driving record for the past 3 years issued by the driving license authority of the applicant's state of licensure;</text> </paragraph> <paragraph num="(6)"> <text>Certification by the applicant there are no reportable medical conditions; and</text> </paragraph> <paragraph num="(7)"> <text>A statement certifying under penalty of perjury whether the applicant has ever had a drivers' school instructor license or school certification revoked in Maryland or any other state.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Driving Instructor License Requirements."> <paragraph num="A."> <text>An instructor license may not be transferred, sold, or assigned.</text> </paragraph> <paragraph num="B."> <text>A driving instructor identification badge shall be issued by the Administration to a licensed instructor at the time of licensure.</text> </paragraph> <paragraph num="C."> <text>The driving instructor identification badge shall be worn by the instructor, in full view at all times, when functioning in the capacity of an instructor.</text> </paragraph> <paragraph num="D."> <text>An instructor:</text> <paragraph num="(1)"> <text>Shall teach the courses in accordance with the program curriculum approved by the Administration for the licensed school;</text> </paragraph> <paragraph num="(2)"> <text>Shall maintain a valid driver's license to drive the class of vehicle in which instruction is to be given with no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>May not have more than four active points on their current driving record;</text> </paragraph> <paragraph num="(4)"> <text>Shall maintain satisfactory data on their criminal history record, which means having no pending charges or criminal convictions for:</text> <paragraph num="(a)"> <text>Fraud;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(e)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(f)"> <text>An offense involving alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(g)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Shall disclose any reportable medical conditions;</text> </paragraph> <paragraph num="(6)"> <text>Shall report to the Administration, in writing, any change in the information supplied in the latest application or renewal form within 30 days of any change; and</text> </paragraph> <paragraph num="(7)"> <text>Shall continuously follow all the requirements of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Renewing a Driving Instructor License."> <paragraph num="A."> <text>An instructor license is valid for 2 years from the date issued and shall automatically expire at the end of 2 years, unless renewed by the Administration in accordance with the requirements set forth in this chapter.</text> </paragraph> <paragraph num="B."> <text>To qualify for renewal of an instructor license, the instructor shall:</text> <paragraph num="(1)"> <text>Have demonstrated proficiency in teaching the approved curriculum of instruction; and</text> </paragraph> <paragraph num="(2)"> <text>Submit a renewal application on a form required by the Administration, accompanied by:</text> <paragraph num="(a)"> <text>The required license fee set forth in COMAR 11.11.05; and</text> </paragraph> <paragraph num="(b)"> <text>Certification from the licensed school that the instructor is in compliance with all the laws, regulations, policies, and rules governing providing instruction in the operating of a motor vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Before the Administration approves a renewal, a licensed instructor shall resolve pending charges and complaints and take appropriate remedial action while the current license remains in force.</text> </paragraph> <paragraph num="D."> <text>An instructor license shall be considered expired on the expiration date if the completed application for renewal was not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.</text> </paragraph> <paragraph num="E."> <text>Any instructor who submits a renewal application to the Administration after the license has expired shall:</text> <paragraph num="(1)"> <text>Reapply for a license and meet all the license application requirements; and</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate proficiency in teaching the approved curriculum of instruction, as determined by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Replacing a Drivers' School Instructor Badge."> <paragraph num="A."> <text>Upon request the Administration may issue a duplicate driving instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.</text> </paragraph> <paragraph num="B."> <text>To obtain a duplicate driving instructor badge, the instructor shall:</text> <paragraph num="(1)"> <text>Submit an application for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge;</text> </paragraph> <paragraph num="(2)"> <text>If mutilated, surrender the mutilated license; and</text> </paragraph> <paragraph num="(3)"> <text>Pay the duplicate license fee set forth in COMAR 11.11.05.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Refusing, Suspending, or Revoking a Driving Instructor License."> <paragraph num="A."> <text>Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew a driving instructor license or, after notice and opportunity for hearing, refuse to issue an initial instructor license if the Administration finds that the instructor or applicant failed to comply with any of the requirements pertaining to driving instruction and the instructor license as set forth in this chapter or under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The Administration shall, after notice and hearing, refuse to renew or, after notice and opportunity for hearing, refuse to issue an initial instructor's license, if the instructor or applicant:</text> <paragraph num="(1)"> <text>Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or</text> </paragraph> <paragraph num="(2)"> <text>Does not meet the requirements for license instructors set forth in this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Violations committed by a licensed instructor considered most serious shall result in a fine to the instructor of $1,000 for each offense and other disciplinary action. A second most serious violation shall result in a revocation of the instructor license.</text> </paragraph> <paragraph num="D."> <text>Most serious violations include a charge for:</text> <paragraph num="(1)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(2)"> <text>A sex offense;</text> </paragraph> <paragraph num="(3)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(4)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(5)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(6)"> <text>An offense involving alcohol or drugs while operating a motor vehicle;</text> </paragraph> <paragraph num="(7)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> <paragraph num="(8)"> <text>Acting in a manner that is unsafe for students participating in the program;</text> </paragraph> <paragraph num="(9)"> <text>Permitting instruction in the operation of a motor vehicle while an instructor's license is refused, suspended, or revoked;</text> </paragraph> <paragraph num="(10)"> <text>Failure of an instructor to maintain a valid driver's license to drive the class of vehicle in which instruction is to be given, with no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; or</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Providing instruction with more than four active points on the instructor's current driving record.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Except as provided in §D of this regulation, all other violations set forth in this regulation shall be considered a serious violation.</text> </paragraph> <paragraph num="F."> <text>The Administration shall take progressive disciplinary action for any serious violation. The disciplinary action may include a conference, fines, or suspension or revocation of an instructor's license.</text> </paragraph> <paragraph num="G."> <text>An individual whose instructor license has been suspended or revoked shall immediately:</text> <paragraph num="(1)"> <text>Surrender the instructor license badge to the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>Stop conducting instruction and refrain from any involvement in the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Drivers' School Business Office Requirements."> <paragraph num="A."> <text>A business office of a licensed drivers' school shall:</text> <paragraph num="(1)"> <text>Be its principal place of business having a legal Maryland address;</text> </paragraph> <paragraph num="(2)"> <text>Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a business office;</text> </paragraph> <paragraph num="(3)"> <text>Be equipped with:</text> <paragraph num="(a)"> <text>A telephone with either voicemail or an answering machine; and</text> </paragraph> <paragraph num="(b)"> <text>A computer with email access;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Clearly identify and display the drivers' school's name on an exterior sign, a lobby listing, or interior door sign;</text> </paragraph> <paragraph num="(5)"> <text>Be open for business to the public and open for inspection by the Administration during posted business hours; and</text> </paragraph> <paragraph num="(6)"> <text>Be clean, orderly, and suitable for conducting business.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A drivers' school business office shall be inspected and approved by the Administration before a drivers' school license is issued.</text> </paragraph> <paragraph num="C."> <text>A drivers' school business office being relocated within the same building or being moved to a different site shall be inspected and approved by the Administration before being used by the drivers' school as a business office.</text> </paragraph> <paragraph num="D."> <text>The following shall be prominently displayed in the school's business office:</text> <paragraph num="(1)"> <text>The drivers' school license;</text> </paragraph> <paragraph num="(2)"> <text>Office hours;</text> </paragraph> <paragraph num="(3)"> <text>Fees for courses and remedial or additional training;</text> </paragraph> <paragraph num="(4)"> <text>Procedure for obtaining refunds from the school; and</text> </paragraph> <paragraph num="(5)"> <text>Procedures for filing complaints about the school with the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An office shall be in a permanent building at a fixed location with a legal business address.</text> </paragraph> <paragraph num="F."> <text>A portable structure, preengineered building, or mobile home is a permanent building if it:</text> <paragraph num="(1)"> <text>Is installed on a permanent foundation with conventional utility hookups; and</text> </paragraph> <paragraph num="(2)"> <text>Has been approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="G."> <text>If the physical design of a building requires that the classroom and adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Classroom Requirements."> <paragraph num="A."> <text>Classrooms shall be inspected and approved by the Administration before being used for instruction.</text> </paragraph> <paragraph num="B."> <text>Classrooms in educational institutions regulated by the Maryland State Department of Education or the Maryland Higher Education Commission need not be inspected by the Administration.</text> </paragraph> <paragraph num="C."> <text>A classroom shall:</text> <paragraph num="(1)"> <text>Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;</text> </paragraph> <paragraph num="(2)"> <text>Comply with all State and local building, zoning, fire and safety regulations, codes and standards, for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests;</text> </paragraph> <paragraph num="(3)"> <text>Meet the Americans with Disabilities Act (ADA) requirements;</text> </paragraph> <paragraph num="(4)"> <text>Have adequate student seating and writing surfaces, an instructor's desk or podium, and room for storage of materials;</text> </paragraph> <paragraph num="(5)"> <text>Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are being conducted;</text> </paragraph> <paragraph num="(6)"> <text>Be clean, orderly, and suitable for conducting instruction; and</text> </paragraph> <paragraph num="(7)"> <text>Be free from visible or audible activities other than instructional activities.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A portable structure, preengineered building, or mobile home is a permanent building if it:</text> <paragraph num="(1)"> <text>Is installed on a permanent foundation with conventional utility hookups; and</text> </paragraph> <paragraph num="(2)"> <text>Has been approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A classroom being relocated within the same building and a classroom being moved to a different site shall be inspected and approved by the Administration before being used for instruction.</text> </paragraph> <paragraph num="F."> <text>If the physical design of the building requires that a classroom and an adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Training Vehicle Requirements."> <paragraph num="A."> <text>A licensed drivers' school shall provide appropriately equipped training vehicles that comply with this regulation for instruction in driving motor vehicles.</text> </paragraph> <paragraph num="B."> <text>Except as otherwise provided in §C of this regulation or with prior approval by the Administration, all training vehicles shall be titled and registered in the name of the driving school.</text> </paragraph> <paragraph num="C."> <text>A drivers' school:</text> <paragraph num="(1)"> <text>Shall maintain motor vehicle liability insurance on each training vehicle in the amount set forth in Transportation Article, §17-103, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Shall service, clean, and maintain training vehicles on a regular schedule;</text> </paragraph> <paragraph num="(3)"> <text>Shall have a training vehicle inspected annually by a licensed State inspection station;</text> </paragraph> <paragraph num="(4)"> <text>Shall immediately remove from service a training vehicle with any condition that is not in compliance with Maryland inspection standards; and</text> </paragraph> <paragraph num="(5)"> <text>May not use a training vehicle for instruction unless it has passed the annual Maryland inspection, except for a new vehicle titled in the past year from a manufacturer's certificate of origin.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A copy of the annual State inspection certificate for a training vehicle shall be submitted within 1 business day to the Administration and the original certificate shall be filed at the school's business office.</text> </paragraph> <paragraph num="E."> <text>The vehicle registration card and a copy of the required insurance certificate for a training vehicle shall be kept in the training vehicle's glove compartment.</text> </paragraph> <paragraph num="F."> <text>Signs or other devices the Administration determines may interfere with the safe operation of the vehicle may not be attached or affixed to a training vehicle and shall be removed immediately at the direction of the Administration.</text> </paragraph> <paragraph num="G."> <text>A drivers' school shall notify the Administration, in writing, within 1 business day of the addition or removal of a training vehicle by providing:</text> <paragraph num="(1)"> <text>The vehicle's year, make, tag number, and vehicle identification number; and</text> </paragraph> <paragraph num="(2)"> <text>Insurance and inspection certificates required under §§D and E of this regulation, if a training vehicle is being added.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Approving Course Curriculum."> <paragraph num="A."> <text>The curriculum used for giving instruction in driving motor vehicles shall be approved by the Administration before a drivers' school provides instruction using that curriculum.</text> </paragraph> <paragraph num="B."> <text>A drivers' school giving instruction in driving motor vehicles may only use the curriculum approved by the Administration and shall include the components set forth in Regulation .05C of this chapter.</text> </paragraph> <paragraph num="C."> <text>Any revisions and modifications to a curriculum shall be approved by the Administration before being used for instruction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Quality Control."> <text>The Administration may conduct unannounced visits and audits of licensed drivers' schools to evaluate compliance with laws, regulations, standards, and the quality of instruction.</text> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 21, 2008 (35:23 Md. R. 2013)</annotation> <annotation type="History" subtype="Administrative History">Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)</annotation> </annotations> </chapter> <chapter num="02" heading="Driver Education Program"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>The purpose of this chapter is to establish requirements, procedures, and standards to administer the driver education program under Transportation Article, §16-505, Annotated Code of Maryland. The regulations in this chapter establish:</text> <paragraph num="A."> <text>The requirements and procedures for the certification of:</text> <paragraph num="(1)"> <text>A business entity, organization, institution, or individual to provide the driver education program required to obtain a noncommercial driver's license; and</text> </paragraph> <paragraph num="(2)"> <text>Instructors to teach the driver education program; and</text> </paragraph> </paragraph> <paragraph num="B."> <text>Standards for monitoring certified schools and instructors to:</text> <paragraph num="(1)"> <text>Ensure the quality, content, and availability of the driver education program; and</text> </paragraph> <paragraph num="(2)"> <text>Evaluate the effectiveness of the driver education program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Scope."> <text>This chapter applies to the Administration's certification and monitoring of certified schools and instructors that provide the driver education program an individual is required to complete to obtain a noncommercial driver's license.</text> </regulation> <regulation prefix="Regulation" num=".03" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Administration” means the Motor Vehicle Administration.</text> </paragraph> <paragraph num="(2)"> <text>“Apprentice instructor” means an individual authorized by the Administration to give instruction in the driver education program courses under the supervision and mentoring of an experienced certified driver education instructor.</text> </paragraph> <paragraph num="(3)"> <text>“Day” means calendar day.</text> </paragraph> <paragraph num="(4)"> <text>“Driver education course” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Driver education instructor” or “certified instructor” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Driver education program” or “program” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Driver education school” or “certified school” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Instructor certification courses” means the training courses approved by the Administration that an individual is required to complete to obtain certification by the Administration to teach the driver education program.</text> </paragraph> <paragraph num="(9)"> <text>“Instructor trainer” means an individual trained and approved by the Administration to conduct the approved instructor certification courses.</text> </paragraph> <paragraph num="(10)"> <text>“Program completion certification” or “driver education program completion certification” means the documentation or electronic information submitted by a certified school to the Administration that verifies an individual has successfully completed the driver education program.</text> </paragraph> <paragraph num="(11)"> <text>“Reportable medical condition” means any medical disorder set forth in COMAR 11.17.03.02-1 that an applicant for a driver's license, if diagnosed as having, is required to report to the Administration.</text> </paragraph> <paragraph num="(12)"> <text>“School” means a business entity, organization, institution, or individual authorized to provide the driver education program, whether or not the program or courses are conducted for profit.</text> </paragraph> <paragraph num="(13)"> <text>“School certification” means the approval issued by the Administration that authorizes a drivers' school to conduct the driver education program required to obtain a noncommercial driver's license.</text> </paragraph> <paragraph num="(14)"> <text>“Student” means an individual enrolled in a driver education program.</text> </paragraph> <paragraph num="(15)"> <text>“Supervision” means the act of mentoring by an experienced instructor to oversee and provide guidance to an inexperienced instructor.</text> </paragraph> <paragraph num="(16)"> <text>“Training vehicle” means a passenger vehicle used to teach the behind-the-wheel instruction of the driver education program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="School Certification."> <paragraph num="A."> <text>A school certification issued by the Administration authorizes a school to offer the driver education program.</text> </paragraph> <paragraph num="B."> <text>A school shall receive certification from the Administration before offering the driver education program.</text> </paragraph> <paragraph num="C."> <text>The Administration may certify the following business entities, organizations, institutions, or individuals as schools to provide the driver education program:</text> <paragraph num="(1)"> <text>Licensed drivers' schools;</text> </paragraph> <paragraph num="(2)"> <text>Public and private school systems;</text> </paragraph> <paragraph num="(3)"> <text>Community colleges;</text> </paragraph> <paragraph num="(4)"> <text>Colleges and universities; and</text> </paragraph> <paragraph num="(5)"> <text>Organizations that provide instruction for students with special needs.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A school certification may not be transferred, sold, or assigned without written approval from the Administration. Assignment of all or substantially all of the school's assets, or any assignment of interest in the stock or shares of the business, that results in a transfer of control of that business, shall be considered an assignment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Qualifications for School Certification Applicants."> <paragraph num="A."> <text>An applicant for an initial school certification:</text> <paragraph num="(1)"> <text>Shall be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Shall be licensed as a drivers' school under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, and be in compliance with all the laws, rules, regulations, and policies pertaining to the drivers' school license;</text> </paragraph> <paragraph num="(3)"> <text>May not have any pending charges or criminal convictions for:</text> <paragraph num="(a)"> <text>Fraud;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor; or</text> </paragraph> <paragraph num="(e)"> <text>An offense within the last 5 years involving:</text> <paragraph num="(i)"> <text>A controlled dangerous substance;</text> </paragraph> <paragraph num="(ii)"> <text>Alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(iii)"> <text>A felony while operating a motor vehicle;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>May not have any outstanding complaints or pending charges for alleged violations that, if proven, would constitute grounds to refuse, suspend, or revoke the school's:</text> <paragraph num="(a)"> <text>Certification under Transportation Article, §16-506, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>License under Transportation Article, §15-109, Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Shall have a valid federal and State tax identification number;</text> </paragraph> <paragraph num="(6)"> <text>May not have any unresolved past due tax or other financial obligation due to Maryland; and</text> </paragraph> <paragraph num="(7)"> <text>Shall be in compliance with all the State and local requirements to be licensed and authorized to do business in Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If an applicant for a school certification is a partnership, corporation, or education institution, each individual responsible for the operation of the program shall meet the qualifications and requirements set forth in this regulation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Applying for a School Certification."> <paragraph num="A."> <text>A business entity, organization, institution, or individual shall submit an application to the Administration requesting certification as a driver education school.</text> </paragraph> <paragraph num="B."> <text>The application shall be signed by the authorized representative of the business entity, organization, or institution requesting the certification.</text> </paragraph> <paragraph num="C."> <text>The application shall be completed, in its entirety, and be accompanied by:</text> <paragraph num="(1)"> <text>Documentation acceptable to the Administration that:</text> <paragraph num="(a)"> <text>The applicant has at least one business office located in Maryland with posted business hours; and</text> </paragraph> <paragraph num="(b)"> <text>The business office used by the applicant to conduct business and all classrooms used for instruction or to administer tests meet all State and local building, zoning, fire and safety regulations, codes, and standards for use as a driver education school business office or classroom or other applicable zoning classification, including a certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Documentation acceptable to the Administration that the applicant has:</text> <paragraph num="(a)"> <text>Workers' Compensation and Unemployment insurance for all school employees;</text> </paragraph> <paragraph num="(b)"> <text>General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and</text> </paragraph> <paragraph num="(c)"> <text>A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>A description of the course schedule for classroom and behind-the-wheel instruction;</text> </paragraph> <paragraph num="(4)"> <text>The applicant's written policy detailing a proposed payment or assistance plan for students with verifiable financial hardships to participate in the program courses;</text> </paragraph> <paragraph num="(5)"> <text>A list of the instructors who are to be employed to teach the scheduled courses;</text> </paragraph> <paragraph num="(6)"> <text>A list of the designated individuals to be authorized by the Administration to transmit program completion certification information to the Administration;</text> </paragraph> <paragraph num="(7)"> <text>A list of training vehicles to be used by the certified school for instruction to include for each vehicle:</text> <paragraph num="(a)"> <text>The year, make, registration plate number, and vehicle identification number;</text> </paragraph> <paragraph num="(b)"> <text>Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, a copy of the certificate of inspection issued within the last 3 months by a Maryland authorized inspection station; and</text> </paragraph> <paragraph num="(c)"> <text>A copy of the insurance certificate showing evidence of current required motor vehicle liability insurance; and</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>A statement certifying under penalty of perjury whether the applicant has ever had a drivers' school license or school certification revoked in Maryland or any other State.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A school certification may only be issued by the Administration if all requirements have been met and the applicant has completed the orientation conducted by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Certified School's Requirements."> <text>A certified school owner and each individual responsible for the operation of the program may not have pending charges or criminal convictions for:</text> <paragraph num="A."> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="B."> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="C."> <text>A sex offense;</text> </paragraph> <paragraph num="D."> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="E."> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="F."> <text>An offense involving alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="G."> <text>A felony involving the use of a motor vehicle.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Certified School's Operation Requirements."> <paragraph num="A."> <text>A certified school shall:</text> <paragraph num="(1)"> <text>Display the school's certification in a conspicuous place in the business office;</text> </paragraph> <paragraph num="(2)"> <text>Only use school training vehicles approved by the Administration;</text> </paragraph> <paragraph num="(3)"> <text>Only use curricula, instructional materials, quizzes, tests, and forms approved by the Administration;</text> </paragraph> <paragraph num="(4)"> <text>Conduct an Administration-approved parent orientation at the start of each driver education program course;</text> </paragraph> <paragraph num="(5)"> <text>Make operation and student completion records available for inspection upon request by the Administration during the school's posted business hours;</text> </paragraph> <paragraph num="(6)"> <text>Comply with nondiscrimination requirements in providing services without regard to race, creed, color, age, gender, sexual orientation, national origin, marital status, disabilities, or any other classification required under local, State, and federal laws and regulations;</text> </paragraph> <paragraph num="(7)"> <text>Comply with any decisions, direction, or findings made by a federal or State agency as the result of any complaint filed with these agencies asserting a violation of any local, State, or federal law;</text> </paragraph> <paragraph num="(8)"> <text>Issue a certified completion certificate, signed by the designated official of the certified school, through December 31, 2008, to students who successfully complete the program, unless authorized by the Administration to submit the completion information electronically;</text> </paragraph> <paragraph num="(9)"> <text>Effective January 1, 2009:</text> <paragraph num="(a)"> <text>Transmit student program completion information electronically to the Administration within 1 business day of the student's completion of the program; and</text> </paragraph> <paragraph num="(b)"> <text>Inform the student that the student's driving record will not be updated by the Administration for at least 3 business days after the student completes the program;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>Schedule additional or remedial sessions for students who need additional instruction;</text> </paragraph> <paragraph num="(11)"> <text>Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a driver education school business office or classroom, or other applicable zoning classification, including a posted certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;</text> </paragraph> <paragraph num="(12)"> <text>Report, in writing, to the Administration within 5 business days any changes in the information supplied in the latest application or renewal form including changes in:</text> <paragraph num="(a)"> <text>Training vehicles; and</text> </paragraph> <paragraph num="(b)"> <text>Newly employed or terminated instructors;</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>Provide not less than 8 hours notice to the student in the event of a cancellation or postponement of more than 2 hours of a scheduled behind-the-wheel or classroom instructional period; and</text> </paragraph> <paragraph num="(14)"> <text>Provide a prorated refund to a student who withdraws or transfers from the school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A certified school shall at all times maintain:</text> <paragraph num="(1)"> <text>An approved business office located in Maryland;</text> </paragraph> <paragraph num="(2)"> <text>Workers' Compensation insurance continuously in force for all school employees;</text> </paragraph> <paragraph num="(3)"> <text>General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program;</text> </paragraph> <paragraph num="(4)"> <text>A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(5)"> <text>A payment or assistance policy that will permit students with verifiable financial hardships to participate in the program courses.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A certified school shall ensure that:</text> <paragraph num="(1)"> <text>All courses are taught in English unless authorization has been granted in writing by the Administration to teach in another language;</text> </paragraph> <paragraph num="(2)"> <text>Each class is conducted in only one language other than sign language, which may be used simultaneously or singularly;</text> </paragraph> <paragraph num="(3)"> <text>In courses taught in a spoken language other than English, that each student enrolled in that course can understand, speak, and read the alternate language;</text> </paragraph> <paragraph num="(4)"> <text>Only tests included in the approved program course curriculum are administered;</text> </paragraph> <paragraph num="(5)"> <text>Only certified instructors conduct the testing, evaluation, and teaching of students in classroom and behind-the-wheel instruction;</text> </paragraph> <paragraph num="(6)"> <text>Only authorized school employees correct and grade tests;</text> </paragraph> <paragraph num="(7)"> <text>Only instructors review the test results with a student; and</text> </paragraph> <paragraph num="(8)"> <text>The classroom and behind-the-wheel instruction is completed within 18 weeks unless a student requests an extension.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A certified school may not:</text> <paragraph num="(1)"> <text>Publish, advertise, or otherwise suggest or imply that a driver's license is guaranteed or assured after completing the school's instruction;</text> </paragraph> <paragraph num="(2)"> <text>Use any publication or advertisement that is false, deceptive, or misleading;</text> </paragraph> <paragraph num="(3)"> <text>Endanger an employee, a student, or instructor; or</text> </paragraph> <paragraph num="(4)"> <text>Subcontract to another organization or individual to conduct any portion of the program, without prior approval from the Administration.</text> </paragraph> </paragraph> <paragraph num="E."> <text>At the time of student enrollment, the certified school shall require the student and if student is under 18 years of age the parent or guardian, to sign a rights and responsibilities form and return a copy of the signed form to the student that contains the following information:</text> <paragraph num="(1)"> <text>Classroom and testing locations, dates, and times;</text> </paragraph> <paragraph num="(2)"> <text>The certified school's established policy for:</text> <paragraph num="(a)"> <text>Course cancellations and postponements, that conform with §A(13) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Course fees, payment methods, refund policy, and retest fees;</text> </paragraph> <paragraph num="(c)"> <text>Fees for remedial and additional instruction;</text> </paragraph> <paragraph num="(d)"> <text>Make-up policies; and</text> </paragraph> <paragraph num="(e)"> <text>How and when the behind-the-wheel instruction is scheduled;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Payment or assistance policy that permit students with verified financial hardships to participate in the program courses;</text> </paragraph> <paragraph num="(4)"> <text>That the student driving record kept by the Administration will be updated within 3 business days after the student completes the program;</text> </paragraph> <paragraph num="(5)"> <text>That after presenting a complaint to the driving school, the student has a right to file a complaint against a certified school with the Administration, including the appropriate Administration official's contact information, on a violation of the responsibilities required by the schools as set forth in this form or dissatisfaction with the service provided by the school; and</text> </paragraph> <paragraph num="(6)"> <text>That if the student withdraws from a certified school course, the student shall be provided with a classroom student record and completion form and a behind-the-wheel student record and completion form listing the amount of instruction that has occurred which will be transferable to a new school and receive a prorated refund in accordance with §A(14) of this regulation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Record and Report Requirements for Certified Schools."> <paragraph num="A."> <text>A certified school shall maintain for at least 3 years, in a secure location, in hard copy or electronic format, records and reports of all business activities for the program. These records and reports shall include:</text> <paragraph num="(1)"> <text>Instructor employment records;</text> </paragraph> <paragraph num="(2)"> <text>Training vehicle insurance, maintenance, inspection, and registration records;</text> </paragraph> <paragraph num="(3)"> <text>Surety bond certificates;</text> </paragraph> <paragraph num="(4)"> <text>Results of tests and evaluations administered to each student;</text> </paragraph> <paragraph num="(5)"> <text>Copies of each student's program completion forms; and</text> </paragraph> <paragraph num="(6)"> <text>Signed student rights and responsibilities forms provided in accordance with Regulation .08E of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The records and reports shall be made available for inspection by the Administration, during the school's posted business hours.</text> </paragraph> <paragraph num="C."> <text>If the records or reports of a school become lost, mutilated, or destroyed, the school shall notify the Administration immediately, in writing, and state the date and circumstances involving the loss, mutilation, or destruction.</text> </paragraph> <paragraph num="D."> <text>A school shall within 1 business day notify the Administration, in writing, of any vehicular crash that involves a training vehicle and results in a fatality.</text> </paragraph> <paragraph num="E."> <text>Effective January 1, 2010, a school shall submit an annual report to the Administration by January 31 for the previous calendar year. The report shall be submitted in the format required by the Administration and shall include:</text> <paragraph num="(1)"> <text>The number of applicants and students enrolled in the program; and</text> </paragraph> <paragraph num="(2)"> <text>The number of students participating in the program who:</text> <paragraph num="(a)"> <text>Were deaf and hard of hearing;</text> </paragraph> <paragraph num="(b)"> <text>Were 18 years old or older;</text> </paragraph> <paragraph num="(c)"> <text>Required additional or remedial training;</text> </paragraph> <paragraph num="(d)"> <text>Dropped out of the program before completion; or</text> </paragraph> <paragraph num="(e)"> <text>Transferred to another school.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>Effective January 1, 2009, a school shall submit a completion certification report electronically to the Administration for each student who successfully completes the program within 1 business day of the student's completion, in the format approved by the Administration.</text> </paragraph> <paragraph num="G."> <text>The completion certification report shall include the successful completion of the program, including both classroom and behind-the-wheel program instruction for each student.</text> </paragraph> <paragraph num="H."> <text>A certified school shall electronically submit corrected information to the Administration within 1 business day of the notification of any errors in the submission of a completion certification report.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Certified School's Requirements for Instructors."> <paragraph num="A."> <text>A certified school shall only:</text> <paragraph num="(1)"> <text>Employ instructors certified by the Administration to teach the program courses; and</text> </paragraph> <paragraph num="(2)"> <text>Use instructors who are employed by the certified school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A certified school shall notify the Administration, in writing, within 5 business days of any newly employed instructors by the school or of any instructors terminated.</text> </paragraph> <paragraph num="C."> <text>The Administration may monitor the driving records of all employed instructors, and report to a certified school any changes to the driving records of the instructors it employs.</text> </paragraph> <paragraph num="D."> <text>A certified school shall require each employed instructor to notify the school immediately of any:</text> <paragraph num="(1)"> <text>Complaints or charges for alleged violations that, if proven, would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license; or</text> </paragraph> <paragraph num="(2)"> <text>Convictions or other dispositions of any complaints or charges that would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A certified school may not allow a certified instructor to teach the program courses, if the instructor:</text> <paragraph num="(1)"> <text>Fails to maintain a valid driver license for the class of vehicle in which instruction is to be given, with no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Has more than four active points on their current driving record;</text> </paragraph> <paragraph num="(3)"> <text>Fails to maintain satisfactory data on their criminal history record, as defined in Regulation .18 of this chapter; or</text> </paragraph> <paragraph num="(4)"> <text>Notifies the school of any reportable medical conditions.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A certified school shall be responsible for ensuring instructors follow all the requirements set forth in this chapter.</text> </paragraph> <paragraph num="G."> <text>A certified school shall annually monitor and document on a form provided by the Administration an instructor's performance evaluation for proficiency in teaching the classroom and the behind-the-wheel instruction of the program courses and have the document available for review by the Administration.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Renewing a School Certification."> <paragraph num="A."> <text>A school certification issued under this chapter is valid for 2 years from the issue date of the certification.</text> </paragraph> <paragraph num="B."> <text>A school certification expires 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.</text> </paragraph> <paragraph num="C."> <text>To qualify for a renewal of a school certification an applicant shall:</text> <paragraph num="(1)"> <text>Be in compliance with all the laws, rules, regulations, and policies governing the program; and</text> </paragraph> <paragraph num="(2)"> <text>Submit a completed renewal application to the Administration, with documentation acceptable to the Administration, that the applicant meets all the requirements set forth in Regulations .05 and .06 of this chapter.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Before the Administration approves a renewal, a certified school shall resolve pending charges and complaints and take appropriate remedial action while the current school certification remains in force.</text> </paragraph> <paragraph num="E."> <text>A school certification shall expire on the expiration date if the completed application for renewal is not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>A certified school that submits a renewal application after the certification has expired shall reapply for the certification and meet all the certification requirements set forth in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Replacing a School Certification Certificate."> <paragraph num="A."> <text>A certified school may request a duplicate certification certificate to replace one that has been lost, stolen, mutilated, or destroyed.</text> </paragraph> <paragraph num="B."> <text>To obtain a duplicate certification certificate, the school shall:</text> <paragraph num="(1)"> <text>Submit a request for a duplicate on a form approved by the Administration, that includes the date and circumstances involving the loss, theft, mutilation, or destruction of the certificate; and</text> </paragraph> <paragraph num="(2)"> <text>If applicable, surrender the mutilated certificate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".13" heading="Refusing, Suspending, or Revoking a School Certification."> <paragraph num="A."> <text>Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after a hearing, suspend, revoke, or refuse to renew the certification of a school, or refuse to issue, after notice and hearing, a certification of a school, if the Administration finds the school has failed to comply with any of the requirements pertaining to the program or school certification as:</text> <paragraph num="(1)"> <text>Set forth in this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>Adopted under Transportation Article, Title 15, Subtitle 7, or Title 16, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall, after notice and hearing, refuse to renew or, after notice and opportunity for hearing, refuse to issue an initial school certification, if the school or applicant:</text> <paragraph num="(1)"> <text>Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents required by the Administration; or</text> </paragraph> <paragraph num="(2)"> <text>Does not meet the requirements set forth in this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration shall immediately suspend or revoke a school certification with notice of the right to a hearing within 7 days of a request, if the Administration determines there is a danger of immediate, substantial, and continuing harm to the public.</text> </paragraph> <paragraph num="D."> <text>A most serious violation, if committed by a school owner or any individual responsible for the operation of the program, shall result in an immediate suspension of a school certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continued harm to the public.</text> </paragraph> <paragraph num="E."> <text>A second most serious violation shall result in an immediate revocation of a school certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continued harm to the public.</text> </paragraph> <paragraph num="F."> <text>Most serious violations include a charge for:</text> <paragraph num="(1)"> <text>Fraud;</text> </paragraph> <paragraph num="(2)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(3)"> <text>A sex offense;</text> </paragraph> <paragraph num="(4)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(5)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(6)"> <text>An offense involving alcohol or drugs while operating a motor vehicle;</text> </paragraph> <paragraph num="(7)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> <paragraph num="(8)"> <text>Acting in a manner that is unsafe for students participating in the program;</text> </paragraph> <paragraph num="(9)"> <text>Knowingly providing program courses while the school certification is refused, suspended, or revoked;</text> </paragraph> <paragraph num="(10)"> <text>Knowingly issuing a program completion certificate to an individual who did not complete the program; or</text> </paragraph> <paragraph num="(11)"> <text>Knowingly allowing an individual to teach the program courses, conduct behind-the-wheel instruction, or test or evaluate students without the required instructor permit or certification by the Administration.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Except as provided in §F of this regulation, all other violations shall be considered a serious violation and subject to progressive disciplinary action by the Administration.</text> </paragraph> <paragraph num="H."> <text>The progressive disciplinary action may include a conference, fines, or suspension or revocation of a school certification.</text> </paragraph> <paragraph num="I."> <text>When a school certification is suspended or revoked the school shall immediately:</text> <paragraph num="(1)"> <text>Surrender the school certification certificate to the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Stop conducting program courses and all operations of the program;</text> </paragraph> <paragraph num="(3)"> <text>Refund the fee paid by the students enrolled in the program courses as follows:</text> <paragraph num="(a)"> <text>Refund 100 percent of the fee paid if instruction has not started or if the first class of a course was not completed; and</text> </paragraph> <paragraph num="(b)"> <text>In all other cases, refund fees prorated separately based on the hours of instruction in the classroom and behind-the-wheel that have not been completed;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Provide information, in a format acceptable to the Administration, identifying the students who successfully completed program courses and the program courses each student successfully completed; and</text> </paragraph> <paragraph num="(5)"> <text>Surrender all student records and property of the Administration to the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".14" heading="Criminal Background Check."> <paragraph num="A."> <text>Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for an instructor certification or renewal of an instructor certification shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.</text> </paragraph> <paragraph num="B."> <text>The applicant shall:</text> <paragraph num="(1)"> <text>Be fingerprinted at an official site that provides electronic digital fingerprinting, which shall include:</text> <paragraph num="(a)"> <text>An official CJIS Central Repository site; or</text> </paragraph> <paragraph num="(b)"> <text>A CJIS Central Repository approved private provider;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and</text> </paragraph> <paragraph num="(3)"> <text>Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.</text> </paragraph> <paragraph num="D."> <text>Information received by the Administration on an applicant from the CJIS Central Repository shall be:</text> <paragraph num="(1)"> <text>Confidential and may not be redisclosed; and</text> </paragraph> <paragraph num="(2)"> <text>Used only to determine the eligibility or disqualification of an apprentice instructor, an instructor certification, or the renewal of an instructor's certification.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".15" heading="Instructor Certification."> <paragraph num="A."> <text>Certification by the Administration is required to teach any part of the driver education program.</text> </paragraph> <paragraph num="B."> <text>A certified instructor may not teach the program courses unless the instructor is employed by a school certified by the Administration.</text> </paragraph> <paragraph num="C."> <text>Classroom and behind-the-wheel instruction shall be taught by a certified instructor authorized to give the instruction provided.</text> </paragraph> <paragraph num="D."> <text>An instructor certification may not be transferred, sold, or assigned.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".16" heading="Qualifications for Instructor Certification."> <paragraph num="A."> <text>To qualify for certification as an instructor, an applicant shall be licensed under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, as an instructor and be in compliance with all the laws, regulations, rules, and policies pertaining to that license.</text> </paragraph> <paragraph num="B."> <text>An applicant requesting certification as an instructor:</text> <paragraph num="(1)"> <text>Shall be 21 years old or older;</text> </paragraph> <paragraph num="(2)"> <text>Shall possess a high school certificate, its equivalent, or a college degree;</text> </paragraph> <paragraph num="(3)"> <text>Shall possess a valid driver's license issued by Maryland or another state to drive the class of vehicle in which instruction is to be given, and may not have any driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article §16-203, Annotated Code of Maryland, for child support arrearages;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>May not have more than four active points on their current driving record;</text> </paragraph> <paragraph num="(5)"> <text>May not have any pending charges or criminal convictions for:</text> <paragraph num="(a)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor; or</text> </paragraph> <paragraph num="(e)"> <text>An offense within the last 3 years involving:</text> <paragraph num="(i)"> <text>A controlled dangerous substances;</text> </paragraph> <paragraph num="(ii)"> <text>Alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(iii)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>May not have any reportable medical conditions;</text> </paragraph> <paragraph num="(7)"> <text>May not have any outstanding complaints or pending charges for alleged violations that if proven would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license;</text> </paragraph> <paragraph num="(8)"> <text>Shall have first been approved as an apprentice instructor;</text> </paragraph> <paragraph num="(9)"> <text>Shall have successfully completed the required instructor certification courses approved by the Administration; and</text> </paragraph> <paragraph num="(10)"> <text>Shall have successfully passed a final skills evaluation to demonstrate competency and proficiency in teaching both the behind-the-wheel and the classroom instruction of the program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".17" heading="Applying for Instructor Certification."> <paragraph num="A."> <text>The school where the applicant for instructor certification is employed shall ensure that:</text> <paragraph num="(1)"> <text>The applicant meets the qualifications for instructor certification; and</text> </paragraph> <paragraph num="(2)"> <text>The application for instructor certification is complete and contains all the required documents and information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The application for instructor certification shall be submitted to the Administration accompanied by:</text> <paragraph num="(1)"> <text>Documentation signed by the certified school that the applicant has successfully completed the required instructor certification courses approved by the Administration to be qualified for an apprentice instructor permit;</text> </paragraph> <paragraph num="(2)"> <text>A copy of the applicant's high school certificate, its equivalent, or college degree;</text> </paragraph> <paragraph num="(3)"> <text>A dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested within the past 15 days;</text> </paragraph> <paragraph num="(4)"> <text>A copy of the applicant's driving record for the past 3 years issued by the driving license authority of the applicant's state of licensure;</text> </paragraph> <paragraph num="(5)"> <text>Certification by the applicant that the applicant does not have any reportable medical conditions; and</text> </paragraph> <paragraph num="(6)"> <text>A statement certifying under penalty of perjury whether the applicant has ever had a driving instructor license or instructor certification revoked in Maryland or any other state.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Prior to scheduling the final skills evaluation for competency and proficiency, an applicant shall also submit to the Administration:</text> <paragraph num="(1)"> <text>Documentation signed by the certified school that the applicant has successfully completed the required instructor certification courses approved by the Administration to be qualified for instructor certification; and</text> </paragraph> <paragraph num="(2)"> <text>A copy of the logbook provided by the Administration documenting the learning activities during the time as an apprentice instructor.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".18" heading="Certified Instructor Requirements."> <paragraph num="A."> <text>An instructor certification and instructor certification badge may not be transferred, sold, or assigned.</text> </paragraph> <paragraph num="B."> <text>An instructor certification badge, issued by the Administration, shall be worn by the certified instructor in full view and at all times when functioning in the capacity of an instructor.</text> </paragraph> <paragraph num="C."> <text>A certified instructor shall:</text> <paragraph num="(1)"> <text>Use the program curriculum approved by the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>Teach the program curriculum in accordance with the regulations, policies, standards, and guidelines established by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A certified instructor may not use a cell phone or allow the student to use a cell phone in a moving motor vehicle while conducting behind-the-wheel instruction, except in the event of an emergency.</text> </paragraph> <paragraph num="E."> <text>A certified instructor shall maintain:</text> <paragraph num="(1)"> <text>A valid driver's license to drive the class of vehicle in which instruction is to be given, with no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A driving record with not more than four active points; and</text> </paragraph> <paragraph num="(3)"> <text>A satisfactory criminal history record, which means having no pending charges or criminal convictions for:</text> <paragraph num="(a)"> <text>Fraud in the operation of providing instruction;</text> </paragraph> <paragraph num="(b)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(c)"> <text>A sex offense;</text> </paragraph> <paragraph num="(d)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(e)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(f)"> <text>An offense involving alcohol or drugs while operating a motor vehicle; or</text> </paragraph> <paragraph num="(g)"> <text>A felony involving the use of a motor vehicle.</text> </paragraph> </paragraph> </paragraph> <paragraph num="F."> <text>A certified instructor shall disclose any reportable medical conditions.</text> </paragraph> <paragraph num="G."> <text>A certified instructor shall report to the employing school:</text> <paragraph num="(1)"> <text>Proof of all satisfactory completion of any professional development;</text> </paragraph> <paragraph num="(2)"> <text>Any complaints or charges for alleged violations that if proven would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor certification, driver's license, or instructor license;</text> </paragraph> <paragraph num="(3)"> <text>Any convictions or other disposition of complaints or charges that would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or instructor license; and</text> </paragraph> <paragraph num="(4)"> <text>Any reportable medical conditions.</text> </paragraph> </paragraph> <paragraph num="H."> <text>A certified instructor shall report to the Administration, in writing, within 5 business days of any change in the information supplied in the latest application or renewal form submitted to the Administration.</text> </paragraph> <paragraph num="I."> <text>An instructor certified by the Administration shall continuously follow all the requirements set forth in this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".19" heading="Renewing an Instructor Certification."> <paragraph num="A."> <text>An instructor certification issued under this chapter is valid for 2 years from the date of issuance.</text> </paragraph> <paragraph num="B."> <text>An instructor certification shall automatically expire 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.</text> </paragraph> <paragraph num="C."> <text>An applicant for renewal of an instructor certification shall submit a renewal application on a form required by the Administration with documentation attached signed by the certified school stating that the instructor:</text> <paragraph num="(1)"> <text>Has in the last 2 years taught a minimum of 30 hours of the program courses;</text> </paragraph> <paragraph num="(2)"> <text>Has in the last 2 years satisfactorily completed a minimum of 8 hours or 4 hours each year of professional development approved by the Administration; and</text> </paragraph> <paragraph num="(3)"> <text>Is in compliance with all the laws, regulations, policies, and rules governing the program.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Before the Administration approves a renewal, a certified instructor shall resolve pending charges and complaints and take appropriate remedial action while the existing school certification remains in force.</text> </paragraph> <paragraph num="E."> <text>An instructor certification shall expire on the expiration date of the certification if the completed application for renewal was not received by the Administration at least 2 calendar weeks before the expiration date, as set forth in State Government Article, §10-226, Annotated Code of Maryland.</text> </paragraph> <paragraph num="F."> <text>An instructor who submits a renewal application to the Administration after the certification has expired shall:</text> <paragraph num="(1)"> <text>Reapply for certification and meet all the qualifications for certification; and</text> </paragraph> <paragraph num="(2)"> <text>Demonstrate proficiency in teaching the program courses, as determined by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".20" heading="Replacing an Instructor Certification Badge."> <paragraph num="A."> <text>The Administration may issue a duplicate instructor certification badge to replace one that has been lost, stolen, mutilated, or destroyed.</text> </paragraph> <paragraph num="B."> <text>To obtain a duplicate instructor certification badge, the instructor shall:</text> <paragraph num="(1)"> <text>Submit an application on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and</text> </paragraph> <paragraph num="(2)"> <text>If applicable, surrender the mutilated badge.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".21" heading="Refusing, Suspending, or Revoking an Instructor Certification."> <paragraph num="A."> <text>Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew an instructor certification or, after notice and opportunity for hearing, issue an initial instructor certification if the Administration finds that the applicant or instructor has failed to comply with any of the requirements pertaining to the program or certification of an instructor as:</text> <paragraph num="(1)"> <text>Set forth in this chapter; or</text> </paragraph> <paragraph num="(2)"> <text>Adopted under Transportation Article:</text> <paragraph num="(a)"> <text>Title 15, Subtitle 8, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>Title 16, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration shall after notice and hearing refuse to renew or, after notice and opportunity for hearing, issue an initial instructor certification, if the instructor or applicant:</text> <paragraph num="(1)"> <text>Provided fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or</text> </paragraph> <paragraph num="(2)"> <text>Fails to meet any of the requirements set forth in this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration shall immediately suspend or revoke an instructor's certification, with notice of the right to a hearing within 7 days of the request, if the Administration determines there is a danger of immediate, substantial, and continuing harm to the public.</text> </paragraph> <paragraph num="D."> <text>A most serious violation, if committed by a certified instructor, shall result in an immediate suspension of an instructor certification with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.</text> </paragraph> <paragraph num="E."> <text>Any second most serious violation shall result in an immediate revocation of the instructor certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.</text> </paragraph> <paragraph num="F."> <text>Most serious violations include charges for:</text> <paragraph num="(1)"> <text>Fraud;</text> </paragraph> <paragraph num="(2)"> <text>A crime of moral turpitude;</text> </paragraph> <paragraph num="(3)"> <text>A sex offense;</text> </paragraph> <paragraph num="(4)"> <text>Contributing to the delinquency of a minor;</text> </paragraph> <paragraph num="(5)"> <text>An offense involving a controlled dangerous substance;</text> </paragraph> <paragraph num="(6)"> <text>An offense involving alcohol or drugs while operating a motor vehicle;</text> </paragraph> <paragraph num="(7)"> <text>A felony involving the use of a motor vehicle;</text> </paragraph> <paragraph num="(8)"> <text>Acting in a manner that is unsafe for students participating in the program;</text> </paragraph> <paragraph num="(9)"> <text>Knowingly providing the program courses while instructor certification is refused, suspended, or revoked;</text> </paragraph> <paragraph num="(10)"> <text>Knowingly providing program course instruction when the instructor is not certified;</text> </paragraph> <paragraph num="(11)"> <text>Knowingly failing to provide classroom and the behind-the-wheel instruction as approved by the Administration;</text> </paragraph> <paragraph num="(12)"> <text>Failing to maintain a valid driver license for the class of vehicle in which instruction is to be given, with no driving restrictions, except for:</text> <paragraph num="(a)"> <text>Corrective lenses; or</text> </paragraph> <paragraph num="(b)"> <text>A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; and</text> </paragraph> </paragraph> <paragraph num="(13)"> <text>Having more than four active points on the instructor's current driving record.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Except as provided in §F of this regulation, all other violations of the laws, rules, policies, and regulations under this chapter governing the program or instructor certification shall be considered a serious violation and subject to progressive disciplinary action by the Administration.</text> </paragraph> <paragraph num="H."> <text>The progressive disciplinary action may include a conference, fines, and suspension or revocation of an instructor certification.</text> </paragraph> <paragraph num="I."> <text>If an instructor certification is refused, suspended, or revoked, the instructor shall immediately:</text> <paragraph num="(1)"> <text>Surrender the instructor certification badge to the Administration;</text> </paragraph> <paragraph num="(2)"> <text>Stop conducting program courses and all involvement in the program; and</text> </paragraph> <paragraph num="(3)"> <text>Surrender all student records and property of the Administration to the school or to the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".22" heading="Apprentice Instructor Permit."> <paragraph num="A."> <text>The Administration may issue an apprentice instructor permit authorizing a qualified applicant to give instruction in the driver education program courses under the supervision of a certified driver education instructor.</text> </paragraph> <paragraph num="B."> <text>The apprentice instructor permit is valid for 6 months and may not be extended or renewed.</text> </paragraph> <paragraph num="C."> <text>An apprentice instructor permit shall:</text> <paragraph num="(1)"> <text>Only be issued once to the same individual;</text> </paragraph> <paragraph num="(2)"> <text>Authorize teaching both behind-the-wheel and classroom instruction; and</text> </paragraph> <paragraph num="(3)"> <text>Authorize instruction only with the certified school where the apprentice instructor is employed.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An apprentice instructor permit may not be transferred, sold, or assigned.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".23" heading="Qualifications for Apprentice Instructor."> <paragraph num="A."> <text>An applicant qualifying for approval as an apprentice instructor shall:</text> <paragraph num="(1)"> <text>With the exception of §§A and B(10) of this regulation, meet all the qualifications for instructor certification as set forth in Regulation .16 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>Have successfully passed the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Pending the receipt of satisfactory data on their criminal history record as set forth in Regulation .18 of this chapter, an applicant otherwise qualified for an apprentice instructor permit may begin teaching under the direct supervision of an experienced certified instructor.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".24" heading="Apprentice Instructor Permit Requirements."> <paragraph num="A."> <text>An apprentice instructor permit may not be transferred, sold, or assigned.</text> </paragraph> <paragraph num="B."> <text>An apprentice instructor shall continuously follow all the requirements set forth for a certified instructor under Regulation .18 of this chapter.</text> </paragraph> <paragraph num="C."> <text>The certified school shall:</text> <paragraph num="(1)"> <text>Ensure an apprentice instructor is supervised by a certified instructor experienced in teaching the driver education program courses with:</text> <paragraph num="(a)"> <text>A minimum of 2 years experience in teaching the driver education program courses; or</text> </paragraph> <paragraph num="(b)"> <text>The Administration's approval to teach apprentice instructors;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Continue supervision until the Administration is in receipt of satisfactory data on the individual's criminal history record as set forth in Regulation .18 of this chapter, and the individual is issued an instructor's certification; and</text> </paragraph> <paragraph num="(3)"> <text>Have a certified instructor observe performance and conduct a one-on-one session with the apprentice instructor for a minimum of 2 hours every 2 weeks and document the performance and sessions in the apprentice instructor activities log.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".25" heading="Replacing an Apprentice Instructor Badge."> <paragraph num="A."> <text>The Administration may issue a duplicate apprentice instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.</text> </paragraph> <paragraph num="B."> <text>To obtain a duplicate apprentice instructor badge, the apprentice instructor shall:</text> <paragraph num="(1)"> <text>Submit an application on a form required by the Administration, which should include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and</text> </paragraph> <paragraph num="(2)"> <text>If applicable, surrender the mutilated badge.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".26" heading="Cancelling an Apprentice Instructor Permit."> <paragraph num="A."> <text>An apprentice instructor permit shall be cancelled:</text> <paragraph num="(1)"> <text>If the applicant's criminal history record fails to contain satisfactory data;</text> </paragraph> <paragraph num="(2)"> <text>At the expiration of the 6 month approval period; or</text> </paragraph> <paragraph num="(3)"> <text>If the apprentice instructor is no longer employed by the certified school.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Approval of an apprentice instructor permit may be revoked or suspended after notice and hearing, if the certified school or the apprentice instructor fails to comply with any of the program requirements or requirements set forth in:</text> <paragraph num="(1)"> <text>This chapter; or</text> </paragraph> <paragraph num="(2)"> <text>Transportation Article, Title 15, Subtitle 8, or Title 16, Subtitle 5, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".27" heading="Testing for Apprentice Instructor Permit and Instructor Certification."> <paragraph num="A."> <text>An individual shall successfully pass the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration to qualify for an apprentice instructor permit.</text> </paragraph> <paragraph num="B."> <text>To qualify for an apprentice instructor permit an applicant shall:</text> <paragraph num="(1)"> <text>Pass the knowledge test before attempting the basic skills evaluation;</text> </paragraph> <paragraph num="(2)"> <text>Pass both the knowledge test and the basic skills evaluation for both the classroom and the behind-the-wheel instruction;</text> </paragraph> <paragraph num="(3)"> <text>Wait at least 7 days, in the event of failure, prior to any additional attempts; and</text> </paragraph> <paragraph num="(4)"> <text>Wait at least 1 year after failing the fifth attempt to pass the test or evaluation, before reapplying for an apprentice instructor permit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual shall successfully pass the final skills evaluation to demonstrate competency and proficiency in teaching both classroom and behind-the-wheel instruction conducted by the Administration to qualify for an instructor certification.</text> </paragraph> <paragraph num="D."> <text>To qualify for an instructor certification an applicant shall:</text> <paragraph num="(1)"> <text>Pass the final skills evaluation in both the behind-the-wheel instruction and the classroom instruction;</text> </paragraph> <paragraph num="(2)"> <text>Wait at least 7 days, in the event of failure, prior to any additional attempts; and</text> </paragraph> <paragraph num="(3)"> <text>Wait at least 1 year after failing the fifth attempt before reapplying for instructor certification.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".28" heading="Course Requirements for Apprentice Instructor Permit and Instructor Certification."> <paragraph num="A."> <text>An individual shall successfully complete the following Administration approved courses to qualify for an apprentice instructor permit and instructor certification.</text> </paragraph> <paragraph num="B."> <text>To qualify for an apprentice instructor permit, an individual shall complete the following Administration approved instructor certification courses conducted by the employing certified school:</text> <paragraph num="(1)"> <text>An introductory course that provides a detailed review of:</text> <paragraph num="(a)"> <text>Maryland's Graduated Licensing System; and</text> </paragraph> <paragraph num="(b)"> <text>The driver education program;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A primary level classroom instruction course that provides basic knowledge of how to teach and facilitate student learning activities in the classroom instruction of the program curriculum; and</text> </paragraph> <paragraph num="(3)"> <text>A primary level behind-the-wheel instruction course that provides basic knowledge of how to teach and facilitate student learning activities in behind-the-wheel instruction of the program curriculum.</text> </paragraph> </paragraph> <paragraph num="C."> <text>To qualify for an instructor certification, an individual shall complete the following instructor certification courses conducted by an Administration approved instructor trainer:</text> <paragraph num="(1)"> <text>An advanced level classroom instruction course that provides comprehensive knowledge of how to teach and facilitate student learning activities in the classroom instruction of the program curriculum; and</text> </paragraph> <paragraph num="(2)"> <text>An advanced level behind-the-wheel instruction course that provides comprehensive knowledge of how to teach and facilitate student learning activities in the behind-the-wheel instruction of the program curriculum.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Administration may waive the instructor certification course requirements in classroom instruction for individuals who possess a valid teaching certificate from a state department of education if the individual meets all other requirements for instructor certification.</text> </paragraph> <paragraph num="E."> <text>The Administration may waive the instructor certification course requirements for classroom and behind-the-wheel training for individuals who provide documented and verifiable training and experience as a driver education instructor from another state if the individual:</text> <paragraph num="(1)"> <text>Provides proof acceptable to the Administration that their training and experience is equivalent to the training requirements set forth in this regulation;</text> </paragraph> <paragraph num="(2)"> <text>Successfully completes the introductory course outlined in §B(1) of this regulation;</text> </paragraph> <paragraph num="(3)"> <text>Successfully passes the knowledge test outlined in Regulation .27 of this chapter; and</text> </paragraph> <paragraph num="(4)"> <text>Successfully passes the final skills evaluations to demonstrate competency and proficiency in teaching both classroom and behind-the-wheel instruction as set forth in Regulation .27 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".29" heading="Requirements for Instructor Trainers."> <paragraph num="A."> <text>An instructor trainer is an individual approved by the Administration to conduct the approved instructor certification courses.</text> </paragraph> <paragraph num="B."> <text>An individual shall be approved by the Administration as an instructor trainer before teaching the advanced level instructor certification courses.</text> </paragraph> <paragraph num="C."> <text>The Administration shall establish the criteria for the approval of an instructor trainer, including, but not limited to, the requirement that all courses shall be open to the public.</text> </paragraph> <paragraph num="D."> <text>The Administration may, as needed, conduct the required training and professional development courses for instructor trainers.</text> </paragraph> <paragraph num="E."> <text>An approved instructor trainer shall permit the Administration to:</text> <paragraph num="(1)"> <text>Review course and course participant records during normal operating hours; and</text> </paragraph> <paragraph num="(2)"> <text>Monitor the instruction given in all instructor certification courses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".30" heading="Professional Development Courses."> <paragraph num="A."> <text>The Administration shall approve all courses required for professional development of instructors required under Regulations .18 and .19 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Administration may, as needed, conduct the professional development courses.</text> </paragraph> <paragraph num="C."> <text>An organization requesting approval of professional development courses shall submit course information to the Administration for approval at least 4 weeks before the planned advertisement date or the course start date, whichever date is the earlier. The course information submitted shall include:</text> <paragraph num="(1)"> <text>The course outline;</text> </paragraph> <paragraph num="(2)"> <text>The course description;</text> </paragraph> <paragraph num="(3)"> <text>The content areas of the curriculum; and</text> </paragraph> <paragraph num="(4)"> <text>The performance criteria necessary to complete the course.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An organization that conducts approved professional development courses shall issue a course completion certificate to each course participant who meets the performance criteria for successfully completing the professional development courses.</text> </paragraph> <paragraph num="E."> <text>An organization that conducts approved professional development courses shall permit the Administration to:</text> <paragraph num="(1)"> <text>Review the course and course participant records during normal operating hours; and</text> </paragraph> <paragraph num="(2)"> <text>Monitor the instruction given in all the professional development courses and the instructor certification courses.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".31" heading="Classroom Requirements."> <paragraph num="A."> <text>Classroom instruction shall be conducted in a room inspected and approved by the Administration before a school may use the room to conduct the program.</text> </paragraph> <paragraph num="B."> <text>A classroom in an educational institution regulated by the Maryland State Department of Education or the Maryland Higher Education Commission is exempt from the inspection requirement in §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>All classrooms shall include student desks or tables and chairs. The desks or tables and chairs shall be arranged to allow:</text> <paragraph num="(1)"> <text>An unobstructed view of the chalkboard or whiteboard and other visual aids used in program instruction; and</text> </paragraph> <paragraph num="(2)"> <text>Student seating and writing surfaces for each student that provide privacy when tests are being administered.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A classroom shall be equipped with:</text> <paragraph num="(1)"> <text>A chalkboard or whiteboard with a minimum surface area of 4 feet by 6 feet; and</text> </paragraph> <paragraph num="(2)"> <text>Audiovisual equipment required for conducting classroom instruction including, but not limited to:</text> <paragraph num="(a)"> <text>A videocassette or digital video disc (DVD) player;</text> </paragraph> <paragraph num="(b)"> <text>An overhead projector and screen;</text> </paragraph> <paragraph num="(c)"> <text>A television monitor visible by all students with a minimum screen size of 25 inches measured diagonally; and</text> </paragraph> <paragraph num="(d)"> <text>More than one television for larger classrooms.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Certified schools shall make available classroom supplies and materials included in the approved curriculum. Classroom supplies and materials shall consist of:</text> <paragraph num="(1)"> <text>Copies of instructional worksheets, fact sheets, and examinations for each student;</text> </paragraph> <paragraph num="(2)"> <text>Textbooks for assignment for each student throughout the entire course of instruction;</text> </paragraph> <paragraph num="(3)"> <text>Instructional videos or DVDs; and</text> </paragraph> <paragraph num="(4)"> <text>Instructional transparencies, slides, or PowerPoint presentations.</text> </paragraph> </paragraph> <paragraph num="F."> <text>A portable structure, preengineered building, or mobile home may be a permanent building and used as a classroom if it:</text> <paragraph num="(1)"> <text>Is installed on a permanent foundation with conventional utility hookups;</text> </paragraph> <paragraph num="(2)"> <text>Has been inspected and approved by the Administration; and</text> </paragraph> <paragraph num="(3)"> <text>Complies with fire, safety, and zoning requirements.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".32" heading="Classroom Operation Requirements."> <paragraph num="A."> <text>Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 30 hours of classroom instruction.</text> </paragraph> <paragraph num="B."> <text>The classroom instruction of the driver education course curriculum shall be taught by:</text> <paragraph num="(1)"> <text>A certified instructor; or</text> </paragraph> <paragraph num="(2)"> <text>An apprentice instructor under the supervision of an experienced certified instructor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A certified school shall conduct the classroom instruction of the driver education course curriculum approved by the Administration in its entirety:</text> <paragraph num="(1)"> <text>According to the standards established by the Administration; and</text> </paragraph> <paragraph num="(2)"> <text>In the sequence approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Other than items already in the approved curriculum, any textbooks, videos, worksheets, fact sheets, and any other supporting materials that students may use throughout the course shall be approved by the Administration before use.</text> </paragraph> <paragraph num="E."> <text>The maximum number of individuals a certified school may enroll for one driver education course may not exceed 30 individuals or the maximum number of students allowed under the pertinent zoning and fire codes, whichever is lower.</text> </paragraph> <paragraph num="F."> <text>A school:</text> <paragraph num="(1)"> <text>Shall request approval in writing from the Administration for a class size greater then 30 students, even if permitted under fire and zoning codes, which approval may not be unreasonably withheld; and</text> </paragraph> <paragraph num="(2)"> <text>If denied approval for a class size greater than 30 students, may request a hearing under Transportation Article, §12-203, Annotated Code of Maryland, to demonstrate that approval of a class size greater than 30 students is reasonable.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Individuals other than those enrolled in the driver education course may be permitted to be in the approved classroom during the classroom instruction as long as:</text> <paragraph num="(1)"> <text>The posted maximum occupancy capacity for the room is not exceeded;</text> </paragraph> <paragraph num="(2)"> <text>Visitors or observers present photo identification and sign a log form kept by the certified school;</text> </paragraph> <paragraph num="(3)"> <text>There are individual seats for everyone in the room; and</text> </paragraph> <paragraph num="(4)"> <text>The additional individuals do not interfere with or interrupt the instruction being provided.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Individuals permitted in the classroom during the classroom instruction other than those enrolled in the driver education course are:</text> <paragraph num="(1)"> <text>Individuals making up missed classroom instruction;</text> </paragraph> <paragraph num="(2)"> <text>Parents, guardians, or supervising drivers for individuals enrolled in the course;</text> </paragraph> <paragraph num="(3)"> <text>Administration staff conducting compliance or quality assurance visits;</text> </paragraph> <paragraph num="(4)"> <text>Approved instructor trainers conducting instructor certification courses;</text> </paragraph> <paragraph num="(5)"> <text>A certified instructor supervising an apprentice instructor;</text> </paragraph> <paragraph num="(6)"> <text>An apprentice instructor;</text> </paragraph> <paragraph num="(7)"> <text>A certified school employee responsible for observing and evaluating the instructor's performance;</text> </paragraph> <paragraph num="(8)"> <text>Parents or guardians of potential students interested in evaluating the instruction and operation of a certified school;</text> </paragraph> <paragraph num="(9)"> <text>Individuals designated and approved by the Administration to evaluate or conduct research on the driver education program; and</text> </paragraph> <paragraph num="(10)"> <text>An interpreter for the hearing impaired.</text> </paragraph> </paragraph> <paragraph num="I."> <text>A driver education school shall permit the Administration to enter the classroom and observe the instruction and operations of the classroom.</text> </paragraph> <paragraph num="J."> <text>A driver education school may not schedule classroom instruction:</text> <paragraph num="(1)"> <text>For more than 3 hours in one day;</text> </paragraph> <paragraph num="(2)"> <text>To start before 8 a.m. or after 8 p.m.; or</text> </paragraph> <paragraph num="(3)"> <text>To end after 9:30 p.m.</text> </paragraph> </paragraph> <paragraph num="K."> <text>A minimum rest period of 15 minutes shall be provided to course participants at the end of each 90-minute period of instruction.</text> </paragraph> <paragraph num="L."> <text>The time provided for rest periods or meal intermissions may not be counted as classroom instructional time.</text> </paragraph> <paragraph num="M."> <text>Classroom instruction shall not exceed 3 hours per day.</text> </paragraph> <paragraph num="N."> <text>A certified school shall make up all missed classroom instruction if the scheduled instruction is canceled or postponed.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".33" heading="Training Vehicle Requirements."> <paragraph num="A."> <text>Except as otherwise provided in §§B and C of this regulation or with prior approval by the Administration, all driver education training vehicles shall be titled and registered in the name of the certified school.</text> </paragraph> <paragraph num="B."> <text>A certified school may use a vehicle obtained from a manufacturer-sponsored driver education loan program as a training vehicle if it meets the requirements of the driver's education loan program under Transportation Article, §13-621(c)(2)(ii), Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The certified school shall:</text> <paragraph num="(1)"> <text>Provide an adequate number of training vehicles to allow each course participant to complete the course;</text> </paragraph> <paragraph num="(2)"> <text>Maintain motor vehicle liability insurance on each training vehicle in the amounts established in Transportation Article, §17-103, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(3)"> <text>Service, clean, and maintain training vehicles on a regular schedule;</text> </paragraph> <paragraph num="(4)"> <text>Have all training vehicles inspected annually by a licensed State inspection station;</text> </paragraph> <paragraph num="(5)"> <text>Only use a training vehicle for instruction in the driver education program that has passed the annual Maryland State Inspection;</text> </paragraph> <paragraph num="(6)"> <text>Ensure the instructor dual brake and clutch, if the vehicle is equipped with a standard transmission, is:</text> <paragraph num="(a)"> <text>Physically in the vehicle and operational at the time of the annual Maryland State Inspection; and</text> </paragraph> <paragraph num="(b)"> <text>Operational by producing the same effect as the manufacturer installed original equipment brake or clutch when applied;</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Immediately remove from service a training vehicle with any condition that is not in compliance with Maryland State Inspection standards;</text> </paragraph> <paragraph num="(8)"> <text>Affix signs to both sides of a vehicle containing the name and telephone number of the certified school;</text> </paragraph> <paragraph num="(9)"> <text>Affix to the rear of the training vehicle in letters not less than 3 inches high the words “Student Driver”; and</text> </paragraph> <paragraph num="(10)"> <text>Keep the vehicle registration card and a copy of the required insurance certificate for a training vehicle in the vehicle's glove compartment at all times.</text> </paragraph> </paragraph> <paragraph num="D."> <text>A copy of the annual State inspection certificate for a training vehicle shall be submitted within 1 business day to the Administration, and the original certificate shall be filed at the certified school's business office. Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, an uninspected vehicle may not be used for behind-the-wheel instruction.</text> </paragraph> <paragraph num="E."> <text>A certified school shall notify the Administration within 2 business days, in writing, of the addition or removal of a training vehicle from its fleet by providing:</text> <paragraph num="(1)"> <text>The vehicle's year, make, registration plate number, and vehicle identification number (VIN); and</text> </paragraph> <paragraph num="(2)"> <text>Insurance and inspection certificates required under §B of this regulation.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Except for a training vehicle containing adaptive equipment for drivers with disabilities, training vehicle may not be more than 8 model years old.</text> </paragraph> <paragraph num="G."> <text>In addition to other safety laws and regulations for vehicles, a training vehicle shall be equipped with:</text> <paragraph num="(1)"> <text>Dual brake pedals;</text> </paragraph> <paragraph num="(2)"> <text>Dual clutch pedals if the vehicle is not equipped with an automatic transmission;</text> </paragraph> <paragraph num="(3)"> <text>Reflectors or emergency triangles; and</text> </paragraph> <paragraph num="(4)"> <text>Instructor mirrors that shall:</text> <paragraph num="(a)"> <text>Provide an unobstructed view of the traffic conditions to the rear of the vehicle from the instructor's seat;</text> </paragraph> <paragraph num="(b)"> <text>Be affixed inside the vehicle in a fashion that eliminates blurring due to mirror vibration and reduces the possibility of unintentional changes in mirror adjustment; and</text> </paragraph> <paragraph num="(c)"> <text>Include a second mirror that:</text> <paragraph num="(i)"> <text>Is affixed to the right passenger side mirror housing and provide an unobstructed view of traffic conditions to the rear and right rear of the vehicle from the instructor's seat; and</text> </paragraph> <paragraph num="(ii)"> <text>Is not affixed to the mirror surface or otherwise obstructs the driver's use of the right passenger side mirror.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="H."> <text>The certified school shall make available for use in all training vehicles the following equipment approved by the Administration:</text> <paragraph num="(1)"> <text>Pedal extensions for the brake, gas, and clutch pedals; and</text> </paragraph> <paragraph num="(2)"> <text>Seat cushions to ensure proper seating position.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".34" heading="Behind-the-Wheel Instruction Requirements."> <paragraph num="A."> <text>Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 6 hours behind-the-wheel instruction.</text> </paragraph> <paragraph num="B."> <text>The behind-the-wheel instruction of the driver education program shall be taught by:</text> <paragraph num="(1)"> <text>A certified instructor; or</text> </paragraph> <paragraph num="(2)"> <text>An apprentice instructor under supervision of an experienced certified instructor.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A certified school shall conduct the behind-the-wheel instruction of the driver education course curriculum only for a student that has a valid learner's permit.</text> </paragraph> <paragraph num="D."> <text>An instructor shall verify that the individual receiving the behind-the-wheel instruction has a valid learner's permit prior to providing the instruction.</text> </paragraph> <paragraph num="E."> <text>Certified schools shall conduct the behind-the-wheel instruction of the driver education course curriculum according to the standards established by the Administration.</text> </paragraph> <paragraph num="F."> <text>Behind-the-wheel instruction shall be conducted:</text> <paragraph num="(1)"> <text>In an approved training vehicle as set forth in Regulation .33 of this chapter; and</text> </paragraph> <paragraph num="(2)"> <text>On routes that:</text> <paragraph num="(a)"> <text>Are preplanned, documented, and available at the driver education school office and in the training vehicle for review by the Administration;</text> </paragraph> <paragraph num="(b)"> <text>Allow a student to practice the concepts taught in the classroom; and</text> </paragraph> <paragraph num="(c)"> <text>Achieve the objectives of the approved curriculum of instruction.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Behind-the-wheel instruction shall:</text> <paragraph num="(1)"> <text>Be based on a written lesson plan with routes that support the concepts and objectives in the approved curriculum of instruction;</text> </paragraph> <paragraph num="(2)"> <text>Provide a student with an opportunity to operate the training vehicle on a variety of traffic mixes and conditions;</text> </paragraph> <paragraph num="(3)"> <text>Emphasize the knowledge, skills, and behavior needed to safely operate a motor vehicle;</text> </paragraph> <paragraph num="(4)"> <text>Be scheduled in a manner that allows for:</text> <paragraph num="(a)"> <text>Debriefing periods during the session for the instructor to review activities and evaluate performance;</text> </paragraph> <paragraph num="(b)"> <text>A student to complete the learning activities in the approved sequence; and</text> </paragraph> <paragraph num="(c)"> <text>A student to complete missed instruction in a reasonable time frame;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Include time for remedial and additional instruction as needed;</text> </paragraph> <paragraph num="(6)"> <text>Include evaluation of a student's performance based on the learning objectives in the approved driver education curriculum; and</text> </paragraph> <paragraph num="(7)"> <text>Include documentation of the evaluation results on a form approved by the Administration.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Any time provided for rest periods or meal intermissions may not be counted as part of the minimum 6 hours behind-the-wheel instruction.</text> </paragraph> <paragraph num="I."> <text>The certified school shall develop a schedule and assign instructors and training vehicles so that individuals participating in a course may complete the required 6 hours of behind-the-wheel instruction within 18 weeks or longer on request of the student.</text> </paragraph> <paragraph num="J."> <text>Behind-the-wheel instruction for a student operating a training vehicle may not exceed 2 hours.</text> </paragraph> <paragraph num="K."> <text>An instructor shall be seated in the front passenger seat at all times during the behind-the-wheel instruction.</text> </paragraph> <paragraph num="L."> <text>During an enrolled student's behind-the-wheel instruction, only two observers at a time may be permitted to ride along and shall be limited to:</text> <paragraph num="(1)"> <text>Students enrolled in the program;</text> </paragraph> <paragraph num="(2)"> <text>Approved instructor trainers conducting instructor certification courses;</text> </paragraph> <paragraph num="(3)"> <text>A certified instructor supervising an apprentice instructor;</text> </paragraph> <paragraph num="(4)"> <text>An apprentice instructor;</text> </paragraph> <paragraph num="(5)"> <text>Parents or guardians of students enrolled in the program;</text> </paragraph> <paragraph num="(6)"> <text>A representative of the driving school management involved in a quality assurance function;</text> </paragraph> <paragraph num="(7)"> <text>A representative from the Administration; or</text> </paragraph> <paragraph num="(8)"> <text>An interpreter.</text> </paragraph> </paragraph> <paragraph num="M."> <text>Time spent observing an instructor or another student completing a behind-the-wheel instruction may not be counted as part of the minimum 6 hours behind-the-wheel instruction.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".35" heading="Student Eligibility for Enrollment."> <paragraph num="A."> <text>To be eligible to enroll in the program, an individual shall:</text> <paragraph num="(1)"> <text>Be seeking a noncommercial driver's license; and</text> </paragraph> <paragraph num="(2)"> <text>Prior to participating in the behind-the-wheel instruction of the program, obtain and present to the certified school a valid learner's permit.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A certified school shall make accommodations for a student with special needs in compliance with all local, State, and federal nondiscrimination laws and regulations including, but not limited to, the Americans with Disabilities Act.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".36" heading="Student Performance Criteria."> <paragraph num="A."> <text>To successfully complete the program, a student shall:</text> <paragraph num="(1)"> <text>Attend and participate in all required classroom and behind-the-wheel instruction;</text> </paragraph> <paragraph num="(2)"> <text>Achieve a minimum passing score of 80 percent on the final knowledge examination; and</text> </paragraph> <paragraph num="(3)"> <text>Achieve a minimum passing score of 80 percent on the final behind-the-wheel evaluation.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A student may miss 12 hours or less of classroom instruction and continue the course. A student shall make up any instruction missed before a school may submit a program completion certification to the Administration.</text> </paragraph> <paragraph num="C."> <text>A school shall provide make-up instruction, within a reasonable time frame, for a student who misses 12 hours or less of classroom instruction.</text> </paragraph> <paragraph num="D."> <text>Students may not continue to participate in the program if they:</text> <paragraph num="(1)"> <text>Consistently arrive late for the course instruction or consistently leave course instruction early;</text> </paragraph> <paragraph num="(2)"> <text>Miss more than 12 hours of classroom instruction; or</text> </paragraph> <paragraph num="(3)"> <text>Act in a disruptive manner.</text> </paragraph> </paragraph> <paragraph num="E."> <text>An instructor shall continuously evaluate the students' performance and provide remedial or additional instruction as required.</text> </paragraph> <paragraph num="F."> <text>A certified school may charge a student an additional fee for remedial and additional instruction.</text> </paragraph> <paragraph num="G."> <text>If a school does not allow a student to continue participating in the program, the school shall:</text> <paragraph num="(1)"> <text>Notify the student and parent or guardian of a student under 18 years of age; and</text> </paragraph> <paragraph num="(2)"> <text>Fully document the reasons and details of problems in the student's records.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".37" heading="Certification of Program Completion."> <paragraph num="A."> <text>A certified school shall submit a program completion certification to the Administration, in a format established by the Administration, for each student who successfully completes the program.</text> </paragraph> <paragraph num="B."> <text>Effective January 1, 2009, a certified school:</text> <paragraph num="(1)"> <text>Shall submit a program completion certification electronically to the Administration in the format established by the Administration within 1 business day of the student's completion of the program;</text> </paragraph> <paragraph num="(2)"> <text>May submit program completion information on-line to the Administration, in the electronic format established by the Administration, for a student who has never received their license and lost a previously issued Driver Education Program Completion Certificate Form DE-004, providing the school has the student's records for successfully completing the program;</text> </paragraph> <paragraph num="(3)"> <text>May not issue a Driver Education Program Completion Certificate Form DE-004 to any student that completes a program course after December 31, 2008; and</text> </paragraph> <paragraph num="(4)"> <text>Shall return to the Administration by April 1, 2009, all unused inventory and accounting information for all Driver Education Program Completion Certificates Form DE-004 in a manner established by the Administration.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".38" heading="Program Transfer and Reciprocity."> <paragraph num="A."> <text>A certified school shall provide to the student documentary evidence of any instruction of the program successfully completed, with the following documentation:</text> <paragraph num="(1)"> <text>A Classroom Student Record and Completion Form DE-003A, signed by an authorized school official for documentation of classroom instruction completed; and</text> </paragraph> <paragraph num="(2)"> <text>A Behind-the-Wheel Student Record and Completion Form DE-003B, signed by an authorized school official for documentation of the behind-the-wheel instruction completed.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Administration may accept documentary evidence of satisfactory completion of a driver education program from another state or jurisdiction, as meeting the requirements of Transportation Article, §16-105, Annotated Code of Maryland, if the driver education program completed in the other state or jurisdiction meets or exceeds the statutory requirements and standards in Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".39" heading="Program Evaluation."> <paragraph num="A."> <text>The Administration may conduct unannounced visits during the school's posted business hours to observe instructors and audits of certified schools to evaluate the school's compliance with the laws, regulations, standards, and the quality of instruction.</text> </paragraph> <paragraph num="B."> <text>The Administration may develop one or more research models to evaluate the effectiveness of the program under the provisions of Transportation Article, §16-505, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>The Administration may require certified schools to provide statistical information in an approved format to support the research models outlined in §B of this regulation.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: November 21, 2008 (35:23 Md. R. 2013)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)</annotation> <annotation type="History" subtype="Administrative History">Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)</annotation> </annotations> </chapter> </subtitle>