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<regulation prefix="Regulation" num=".01" citation="COMAR 11.03.01.01" title_num="11" subtitle_num="03" chapter_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>