Plain Text Law

Title 11 — Subtitle 04. State Highway Administration

Chapter 01. Permits for Oversize and Overweight Vehicles

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
“Axle weight” has the meaning stated in Transportation Article, Title 24, Annotated Code of Maryland.
(3)
“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.
(4)
“Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).
(5)
“Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(6)
“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(6-1)
“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.
(7)
“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.
(8)
“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.
(9)
“Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, State Highway Administration.

Regulation .01-1 Unit Authority.Copy Citation

The Unit has the authority to issue permits for oversize and overweight vehicles.

Regulation .02 Permits Available.Copy Citation

A.
There are seven types of permits which may allow oversize or overweight vehicles to move on State highways.
B.
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:
(1)
Blanket hauling permit;
(2)
Book permit (issued in books of ten);
(3)
Containerized cargo permit;
(4)
Special hauling permit;
(5)
Special vehicle permit;
(6)
Exceptional hauling permit; and
(7)
Heavy Weight Port Corridor permit.
C.
A person may move a special vehicle under a special vehicle permit only.

Regulation .03 Blanket Hauling Permit.Copy Citation

A.
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.
B.
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.
C.
Size.
(1)
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.
(2)
The oversize vehicle shall be either:
(a)
Special mobile equipment as defined in Transportation Article, §11-159, Annotated Code of Maryland; or
(b)
A vehicle properly registered and carrying an oversize load or traveling empty to or from carrying an oversize load.
D.
Weight of Special Mobile Equipment.
(1)
A blanket hauling permit may be issued for a single overweight vehicle which is special mobile equipment.
(2)
The overweight special mobile equipment may not exceed:
(a)
A gross vehicle weight of 45 tons (90,000 pounds) including all tolerances; and
(b)
A single axle weight of 27,000 pounds.
E.
Repealed.
F.
Repealed.
G.
Procedures.
(1)
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.
(2)
The application shall include the:
(a)
Name of the applicant;
(b)
Address and telephone number of the applicant;
(c)
Name of a contact person;
(d)
Name of the applicant's insurance company;
(e)
Make, year, model, license tag number, and state of issuance of the license tag;
(f)
Manufacturer's gross vehicle weight rating of the vehicle; and
(g)
Requested starting date of the permit.
(3)
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.
(4)
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.
(5)
The Unit shall complete all blanks on the face of a blanket hauling permit before issuing the permit.
(6)
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.
(7)
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.
(8)
The person may not move a vehicle across a bridge when the gross vehicle weight or axle weight exceeds posted bridge limitations.
(9)
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.

Regulation .04 Book Permits.Copy Citation

A.
The Unit may issue books of permits. Each book contains ten single trip book permits.
B.
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.
C.
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.
D.
Qualifications.
(1)
A vehicle and its load or special mobile equipment may not exceed:
(a)
A gross vehicle weight of 45 tons (90,000 pounds);
(b)
Overall dimensions of 85 feet in length, 13 feet in width, or 15 feet in height; and
(c)
A single axle weight of 27,000 pounds.
(2)
A vehicle traveling under a book permit shall be:
(a)
Properly registered in Maryland; or
(b)
Special mobile equipment displaying a special mobile equipment plate issued by the Motor Vehicle Administration of Maryland.
E.
Procedures.
(1)
Before any movement may be made under any book permit, the permittee shall complete each of the following steps:
(a)
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;
(b)
Obtain approval of the date and route and a route verification number from the Unit; and
(c)
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.
(2)
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.
(3)
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.
(4)
A book of permits is valid for 2 years from its date of issuance.
(5)
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.
(6)
A permittee shall notify the appropriate Maryland Transportation Authority facility at least 1 hour before using the facility.

Regulation .05 Containerized Cargo Permit.Copy Citation

A.
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.
B.
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:
(1)
The vehicle does not exceed the following maximum axle and gross vehicle weight limits:
(a)
22,400 pounds on a single axle;
(b)
44,000 pounds on two consecutive axles at least 4 feet apart; or
(c)
90,000 pounds gross vehicle weight;
(2)
The maximum allowable gross vehicle weight on a 20-foot container is:
(a)
80,000 pounds if loaded on a 20-foot intermodal chassis; and
(b)
90,000 pounds if loaded on a 40-foot intermodal chassis; and
(3)
The maximum allowable gross vehicle weight on a 40-foot container is 90,000 pounds.
C.
Containerized cargo permits are valid for 1 year.
D.
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.

Regulation .06 Special Hauling Permit.Copy Citation

A.
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.
B.
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.
C.
Application.
(1)
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:
(a)
Gross vehicle weight exceeds 40 tons (80,000) pounds); or
(b)
Overall dimensions exceed 85 feet in length, 15 feet 6 inches in height, or 13 feet 11 inches in width.
(2)
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.
(3)
The Unit may otherwise accept an application by telephone.
D.
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.
E.
Carrying Permit or Substitute on Vehicle.
(1)
Multiple Page Permit.
(a)
The Unit shall label each page of a multiple page permit to show the page number and total number of pages.
(b)
The original or clearly legible approved substitute of a multiple page permit shall be carried in the permit vehicle.
(c)
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.
(2)
Single Page Permit.
(a)
The permittee of a special hauling permit shall carry the original of the permit or clearly legible approved substitute in the permit vehicle.
(b)
A facsimile copy of a special hauling permit is an approved substitute if all of the information on the permit is legible.
(c)
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.
F.
Extension of Time for Move.
(1)
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.
(2)
The permittee shall request the extension before the original permit period expires.
(3)
The 5-day extension period shall begin immediately upon expiration of the original permit period.
G.
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.
H.
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.

Regulation .07 Special Vehicle Permit.Copy Citation

A.
Controlled Movement.
(1)
In exceptional cases, the Unit may issue a special vehicle permit for the controlled movement of a special vehicle.
(2)
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.
(3)
Special vehicle permits may not allow the regular or continuous movement of a special vehicle.
B.
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.
C.
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.
D.
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:
(1)
A complete description of the vehicle;
(2)
An explanation of the purpose for traveling highways in the State; and
(3)
Any other information considered necessary by the Unit.
E.
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.

Regulation .08 Fees.Copy Citation

A.
Blanket Hauling Permits. The fees for blanket hauling permits are:
(1)
30-day blanket permit — $50;
(2)
Annual blanket permit — $500.
B.
Book Permits.
(1)
The fee for a book of ten single trip book permits is $300.
(2)
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.
(3)
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.
C.
Special Hauling Permits. The fees for special hauling permits and special vehicle permits are as follows:
(1)
The base fees for oversize and overweight are:
(a)
Thirty dollars for the first 40 tons or less of gross weight; and
(b)
Five dollars for each additional ton or part of a ton in excess of 40 tons.
(2)
There are additional fees associated with permits for excessive size and excessive weight as described in §§D—I of this regulation.
(3)
The fee for extension of a special hauling permit or special vehicle permit is $5.
D.
Engineering Structural Review.
(1)
For each application submitted for gross weights exceeding 60 tons, there is a fee for engineering structural review as provided in this section.
(2)
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.
(3)
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.
(4)
A permit is not valid for more than 6 months from the date of the engineering structural review on which it is issued.
(5)
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:
(a)
The condition of any structure on the approved route; or
(b)
Vehicle, load, or route from the specifications which are designated on the original application.
(6)
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.
(7)
Change in Vehicle, Load, or Route.
(a)
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.
(b)
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.
E.
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.
F.
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.
G.
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.
H.
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.
H-1.
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.
H-2.
Refunds or Credits.
(1)
The Unit may issue an appropriate refund or credit if:
(a)
An Administration district engineer withdraws a monitoring requirement;
(b)
The police escort, upon determining that the permit move can proceed with reasonable safety, responds to an activity that takes priority over the escort;
(c)
A charge added to the permit for a district engineer escort, police escort, or other related service was not performed; or
(d)
A charge was found to be in error as determined by the Chief, Motor Carrier Division.
(2)
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.
(3)
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.
(4)
Refunds for exceptional hauling permits are strictly prohibited.
I.
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.
J.
Additional fees may be assessed by other jurisdictions affected by the permitted routes.
K.
Time of Payment.
(1)
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.
(2)
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.

Regulation .09 Denial of Permit.Copy Citation

A.
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.
B.
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.
C.
The Unit may not issue a special hauling permit for the movement of any overweight vehicle unless the vehicle:
(1)
Has five axles or more and is registered for at least the maximum gross weight in its State of registration; or
(2)
Is special mobile equipment.
D.
The Unit may not authorize the use of a book permit for movement of any overweight vehicle unless the vehicle:
(1)
Has five axles or more and is registered in Maryland for the maximum allowable gross weight; or
(2)
Is registered as special mobile equipment in Maryland and displays special mobile equipment plates issued by the Motor Vehicle Administration of Maryland.
E.
The Unit may not issue a special vehicle permit when the:
(1)
Special vehicle reasonably can be disassembled to comply with the size and weight limits of Maryland law; or
(2)
Permit movement would constitute the regular and continuous movement of a special vehicle.
F.
The Unit may not issue an exceptional hauling permit unless the vehicle:
(1)
Is a combination of vehicles that has six or more axles; and
(2)
Has a minimum front to rear centerline axle spacing of not less than 50 feet.

Regulation .10 Suspension and Revocation of Hauling Permits.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
D-1.
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:
(1)
Review the circumstances of the confiscation;
(2)
Verify that a weight violation did occur; and
(3)
Revoke the permit if the weight violation exceeds the allowable permit weight by more than 5,000 pounds.
E.
Procedures.
(1)
The Unit determines initially all violations of the regulations under COMAR 11.04.01—11.04.04 or the terms of any permit.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.

Regulation .11 False Statement in Permit Application.Copy Citation

A.
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.
B.
Procedures.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.

Regulation .12 Exceptional Hauling Permits.Copy Citation

The State Highway Administration may issue an exceptional hauling permit in accordance with Transportation Article, §24-113.2, Annotated Code of Maryland.

Regulation .13 Heavy Weight Port Corridor Permits.Copy Citation

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.

Chapter 02. General Conditions for Movement of Oversize and Overweight Vehicles

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(1-1)
“Authority” means the Maryland Transportation Authority.
(1-2)
“Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.
(2)
“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.
(3)
Construction Equipment.
(a)
“Construction equipment” means equipment used to build, repair, replace, or maintain structures, transportation facilities, or infrastructure.
(b)
“Construction equipment” includes, but is not limited to:
(i)
Demolition;
(ii)
Excavation;
(iii)
Grading;
(iv)
Digging;
(v)
Stockpiling;
(vi)
Erection; or
(vii)
Placement of materials or supplies.
(4)
Heavy Machinery.
(a)
“Heavy machinery” means large stationery machinery transported on tractor-trailer combination vehicles.
(b)
“Heavy machinery” includes, but is not limited to:
(i)
Armored tanks;
(ii)
Transformers;
(iii)
Vessel tanks;
(iv)
Girders;
(v)
Compressors; and
(vi)
Rotors.
(5)
“Irreducible” means a vehicle configuration exceeding applicable size or weight limits which, if separated into smaller loads, would:
(a)
Compromise the intended use of the vehicle, for example, make it unable to perform the function for which it was intended;
(b)
Destroy the value of the load or vehicle, for example, make it unusable for its intended purpose; or
(c)
Require more than 8 manhours to dismantle, using appropriate equipment.
(6)
“Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(7)
“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(8)
“Self-propelled vehicle” means a single unit vehicle containing the means for its own propulsion within itself.
(9)
“Spacing” means the distance measured lengthwise and horizontally between axle center lines or the center lines of exterior axles within a group.
(10)
“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.
(11)
“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.

Regulation .01-1 Miscellaneous Conditions.Copy Citation

A.
The conditions set forth in §§B—K of this regulation apply to each permit for an oversize or overweight vehicle.
B.
Compliance.
(1)
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.
(2)
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.
C.
Failure to Comply.
(1)
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.
(2)
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.
(2-1)
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.
(2-2)
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.
(3)
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.
(4)
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.
(5)
If a permit is revoked or confiscated, the permittee shall apply for a new permit.
(6)
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.
(7)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
The Unit may require an applicant to provide certified weight measurements.
I.
The permit does not authorize, and the permittee may not carry, a load which exceeds the tire manufacturer's weight rating.
J.
Combination Vehicles.
(1)
Size.
(a)
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.
(b)
Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.
(2)
Weight.
(a)
Heavy Machinery. A permittee of a vehicle with a load of heavy machinery shall comply with the requirements of §E of this regulation.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
(i)
Steering axle—20,000 pounds;
(ii)
Single axle (axle spacing over 8 feet)—27,000 pounds;
(iii)
Two (tandem) axles (axle spacing 4—8 feet)—26,000 pounds per axle;
(iv)
Three (tri) axles (axle spacing 8—16 feet)—21,000 pounds per axle;
(v)
Four or more axles (minimum axle spacing 4 feet)—18,000 pounds per axle;
(vi)
Minimum inner bridge axle spacing is 30 feet.
(3)
Exceptions.
(a)
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.
(b)
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.
(4)
Load Reduction—Construction Equipment.
(a)
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.
(b)
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.
(5)
Maximum Axle Weight.
(a)
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.
(b)
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.
(c)
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.
(d)
An axle on a combination vehicle may not weigh more than 36,000 pounds.
K.
Self-Propelled Vehicles.
(1)
Size.
(a)
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.
(b)
Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.
(2)
Weight.
(a)
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.
(b)
A self-propelled truck crane manufactured and purchased after October 31, 1997, shall comply with the 27,000 pound per axle maximum load limit.
(c)
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.
(d)
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:
(i)
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
(ii)
Crane configuration has a maximum axle weight of 27,000 pounds, and a minimum of five axles.
(e)
The Unit shall keep a file of approved self-propelled crane configurations and any restrictions for them.
(3)
Exceptions—Self-Propelled Truck Cranes (Hydraulic and Lattice Boom).
(a)
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.
(b)
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.
(c)
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.
(4)
Load Reduction.
(a)
A weight of a permitted vehicle of up to and including 27,000 pounds per axle shall be considered as irreducible.
(b)
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.
(5)
Maximum Axle Weight.
(a)
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.
(b)
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.
(c)
A self-propelled vehicle seeking this maximum axle weight exception shall have a minimum of seven axles.
(d)
An axle on a self-propelled vehicle may not weigh more than 32,000 pounds.

Regulation .02 Costs and Damages for Which Permittee is Responsible.Copy Citation

A.
The permittee is responsible for payment of each of the following items:
(1)
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;
(2)
The cost of all telegrams, express mail deliveries, or telephone calls made in connection with the permit;
(3)
Any additional expense incurred by the Administration in connection with the permit or the move authorized by the permit.
B.
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.
C.
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.
D.
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.

Regulation .03 Safety.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Road and Weather Conditions.
(1)
The use of a permit is subject to favorable road and weather conditions.
(2)
Travel is not allowed:
(a)
On any highway when visibility is limited by atmospheric conditions or travel is made hazardous by weather or other conditions;
(b)
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.
(3)
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.
(4)
During inclement weather, police officers may require that the permitted vehicle be parked off the roadway until conditions warrant safe travel.
J.
Warning Flags.
(1)
During daylight hours, permitted vehicles shall display warning flags which are:
(a)
Red fluorescent or orange fluorescent;
(b)
At least 18 inches square; and
(c)
Securely fastened by at least one corner or securely mounted on a staff.
(2)
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.
(3)
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.
K.
Warning Lights.
(1)
Permitted vehicles shall display warning lights if operating at night.
(2)
Overwidth Loads.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(3)
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.

Regulation .04 Limitations on Authority Conferred by Permit.Copy Citation

A.
The authority conferred by any permit does not include authority to do any of the following:
(1)
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;
(2)
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;
(3)
Use or damage any private property;
(4)
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.
B.
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.

Regulation .05 Movement on or Across Toll Facilities.Copy Citation

A.
The following restrictions apply to the movement of any oversize or overweight vehicle on or through the following Authority highways:
(1)
Baltimore Harbor Tunnel Thruway (I-895);
(2)
Thomas J. Hatem Memorial Bridge (Susquehanna River Bridge, U.S. 40);
(3)
Harry W. Nice Memorial/Thomas “Mac” Middleton Bridge (Potomac River Bridge, U.S. 301);
(4)
William Preston Lane Jr. Memorial Bridge (Bay Bridge, U.S. 50/301);
(5)
Francis Scott Key Bridge (MD 695);
(6)
John F. Kennedy Memorial Highway (I-95);
(7)
Fort McHenry Tunnel (I-95);
(8)
Intercounty Connector (MD 200); and
(9)
Any other Authority highway operated by the Authority on which the permittee may travel.
B.
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).
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.

Regulation .06 Hours for Movement, in General.Copy Citation

A.
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.
B.
Restrictions.
(1)
A person may not move an oversize or overweight vehicle, even during daylight hours, on:
(a)
Any Saturday after 12 noon;
(b)
Any Sunday;
(c)
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.
(2)
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:
(a)
I-495/I-95 (Capital Beltway);
(b)
I-695/MD 695 (Baltimore Beltway).
(3)
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.
(4)
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.
(5)
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.

Regulation .07 Emergency Movement.Copy Citation

A.
Emergency Status.
(1)
An emergency exists when there is a danger of:
(a)
Loss of life;
(b)
Serious bodily injury;
(c)
Fire;
(d)
Severe property damage;
(e)
Hazardous material leakage; or
(f)
Major interruption to the flow of traffic on any part of the State highway system.
(2)
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.
(3)
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.
B.
Procedures.
(1)
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:
(a)
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;
(b)
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;
(c)
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;
(d)
The Unit shall issue a special hauling permit the same day and shall charge the owner or operator the appropriate fee.
(2)
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:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
The Unit shall issue a special hauling permit the next working day and shall charge the owner or operator the appropriate fee.
(3)
After the emergency:
(a)
The permittee or user shall obtain a permit for the return move and shall be subject to all normal permit provisions; and
(b)
The Unit may require the permittee to submit on a form and in a manner prescribed by the Unit, a report describing the emergency.

Regulation .08 Continuous Travel for Certain Special Mobile Equipment.Copy Citation

A.
In this regulation:
(1)
“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.
(2)
“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.
B.
Subject to the requirements of this regulation, the Unit may issue permits for continuous travel for qualifying special mobile equipment.
C.
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:
(1)
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;
(2)
The special mobile equipment is subject to roadside safety inspections by the Maryland State Police or other authorized police officers; and
(3)
For safety violations, penalties shall be charged as established for Transportation Article, §25-111, Annotated Code of Maryland.
D.
To qualify for continuous travel, the special mobile equipment:
(1)
May not be oversize;
(2)
Shall be capable of safely maintaining a speed of 45 miles per hour and may not impede the flow of traffic;
(3)
May not exceed a gross vehicle weight of 90,000 pounds (45 tons) including all tolerances;
(4)
May not exceed a single axle weight of 27,000 pounds including all tolerances; and
(5)
Shall meet the safety equipment requirements in §C of this regulation.
E.
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.
F.
Procedures.
(1)
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.
(2)
In addition to other information required by the Unit, the application shall include the following:
(a)
Written request for continuous travel;
(b)
Serial number, identification number, or other similar information specifically identifying the unit of special mobile equipment for which the continuous travel permit is requested;
(c)
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
(d)
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.
(3)
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.
G.
Penalties.
(1)
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.
(2)
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.
(3)
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.

Chapter 03. Specific Conditions for Movement of Certain Oversize and Overweight Vehicles

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
“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.
(3)
“Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).
(3-1)
“Massive weight” means a gross weight exceeding 250 tons (500,000 pounds).
(4)
“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.

Regulation .02 Vehicles Over 45 Tons, Over 60 Tons (Excessive Weight), Over 250 Tons (Massive Weight), or of Excessive Size.Copy Citation

A.
In addition to the general conditions under COMAR 11.04.02, specific conditions apply to certain permits as indicated.
B.
Applications.
(1)
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.
(1-1)
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.
(2)
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.
C.
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.
D.
Surety Bonds.
(1)
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.
(2)
Bond to Cover Administration Costs.
(a)
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.
(b)
The Unit shall fix the amount of the bond.
(c)
The Unit shall review and may disapprove the form of the bond and the security.
(3)
Bond or Insurance to Assure Satisfactory Performance of Move.
(a)
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.
(b)
The Unit shall fix the amount of the bond.
(c)
The Unit shall review and may disapprove the form of the bond and the security.
(d)
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.

Regulation .03 Steel-Rimmed Equipment.Copy Citation

A.
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.
B.
Special Requirements.
(1)
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.
(2)
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.

Chapter 04. Oversize and Overweight Vehicles — Escort Vehicles, Signing, and Lighting

Regulation .01 Signing.Copy Citation

A.
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.
B.
Specifications.
(1)
Permit Vehicle.
(a)
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.
(b)
The letters shall appear on a yellow background, 18 inches high and 7 feet wide.
(2)
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.
C.
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.
D.
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.

Regulation .02 Escorts — General.Copy Citation

A.
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.
B.
Monitoring of the permit move by State Highway Administration personnel may be required as determined by the State Highway Administration.
C.
An escort by uniformed police is required as indicated in Regulation .06 of this chapter.
D.
The Maryland Transportation Authority may require that a permit vehicle be escorted while traveling a toll facility.
E.
Escort Vehicle. An escort vehicle:
(1)
May not escort more than one oversize or overweight vehicle or load; and
(2)
Shall be:
(a)
Behind an overlength vehicle or load;
(b)
Behind an overwidth vehicle or load on a multilane highway; and
(c)
In front of an overwidth vehicle or load on a two-lane highway.

Regulation .03 Private Escort — When Required.Copy Citation

A.
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:
(1)
More than 13 feet wide, unless the load is a manufactured housing unit;
(2)
More than 85 feet long;
(3)
14 feet 6 inches high or more (pole vehicle required);
(4)
More than 60 tons gross weight;
(5)
Construction equipment over 12 feet wide traveling off the interstate system; or
(6)
Traveling when weather or road conditions justify the requirement of one escort vehicle.
B.
Two Escorts. The permittee shall provide two escort vehicles for a permit move if the permit move is:
(1)
14 feet wide or more including a load that is a manufactured housing unit;
(2)
140 feet long or more;
(3)
Traveling a road too narrow to allow other vehicles to pass safely in either direction;
(4)
Traveling against traffic that will have to be diverted or stopped; or
(5)
Traveling when weather or road conditions justify the requirement of two escort vehicles.

Regulation .04 Private Escort — Equipment and Responsibilities.Copy Citation

A.
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.
B.
Lighting.
(1)
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.
(2)
Headlights of the escort and escorted vehicle shall be illuminated while conducting the move.
(3)
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.
C.
An escort vehicle shall display a sign as specified in Regulation .01 of this chapter.
D.
Position.
(1)
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.
(2)
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.
(3)
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.
(4)
When two escort vehicles are required, one shall follow and the other shall precede the escorted vehicle.
E.
Responsibilities.
(1)
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.
(2)
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.
(3)
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.
(4)
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.

Regulation .05 Escorted Vehicles — General Restrictions.Copy Citation

A.
A person may not move an escorted vehicle on the interstate system if the movement would constitute a special traffic hazard.
B.
When escort is required, each permit vehicle requires its own escort.
C.
Each permit vehicle with escort shall maintain a 1-mile distance from another escorted permit vehicle traveling in the same direction.
D.
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.
E.
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.

Regulation .06 Police Escort.Copy Citation

A.
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.
B.
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.
C.
The State Highway Administration Hauling Permits Unit may require police escort if:
(1)
The permit move has a gross weight between 65 and 75 tons;
(2)
Traffic will have to be diverted or stopped;
(3)
The move will affect either:
(a)
Two or more lanes of traffic on a highway having two or more lanes in one direction; or
(b)
Both lanes of traffic on a highway having only one lane in each direction; or
(4)
The circumstances are considered necessary for public safety.
D.
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.

Chapter 05. Commercial-Industrial or Subdivision Street Permits (All Entrance Permits Other than Residential)

Regulation .01 Authority.Copy Citation

A.
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.
B.
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:
(1)
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;
(2)
Parties desiring to establish a new public street intersection or modify an existing public street intersection;
(3)
Parties desiring to change existing entrances or create new entrances into existing commercial or industrial facilities, and subdivisions;
(4)
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;
(5)
Parties desiring to change use or occupancy of an existing facility;
(6)
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;
(7)
Parties desiring to do any work within or across the State highway right-of-way.

Regulation .02 Procedure for Obtaining an Entrance Permit.Copy Citation

A.
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.
B.
Applications should be mailed to the appropriate Administration office as follows:
C.
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.
D.
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:
E.
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.
F.
Plans.
(1)
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.
(2)
When possible, the applicant's plans should be referenced to Administration surveys.
(3)
A general location map shall accompany plan submission.
(4)
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.
(5)
Plan submission shall include a maintenance-of-traffic plan.
(6)
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.
G.
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.
H.
Utility Adjustment.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
I.
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.
J.
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.
K.
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.

Regulation .03 Entrance Standards and Specifications.Copy Citation

A.
All work and materials shall conform to Administration specifications, standards, and addenda current at the time of the permit grant.
B.
All work is subject to Administration periodic inspection and final approval.
C.
Entrance Location.
(1)
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.
(2)
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.
(3)
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.
D.
Entrance Width.
(1)
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.
(2)
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.
(3)
Entrance width shall be measured perpendicular to the center line of the entrance.
E.
Channelization.
(1)
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:
(a)
Projects funded in the Consolidated Transportation Program for construction within 6 years, whether or not advertised—temporary bituminous curb may be used;
(b)
Highways with safety grading—type C concrete curb, or concrete curb and gutter;
(c)
All other situations—type A concrete curb, or curb and gutter;
(d)
On existing curbed State highways, developers shall generally be required to replace existing curbs in kind; and
(e)
All improvements shall provide for increased safety and access for pedestrian and bicycle traffic in a manner acceptable to the Administration.
(2)
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.
(3)
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.
(4)
Ultimate Section.
(a)
Rural Section—four lane divided highway, 50 foot—76 foot median Minimum 150 foot right-of-way*
(b)
Urban Section—four lane divided highway—20 foot—34 foot median Minimum 120 foot right-of-way*
(c)
Street Section—undivided 36 foot—60 foot street Minimum 80 foot right-of-way*
F.
Curb Length.
(1)
The minimum curb length between entrances is 40 feet, consisting of a 10-foot radius—20-foot tangent—10-foot radius.
(2)
The minimum tangent curb length between the radius point of the entrance and the property line is 10 feet.
G.
Intersection Radius.
(1)
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.
(2)
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.
(3)
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.
(4)
There shall be a minimum 20-foot tangent distance between the intersection radius and the first permitted entrance.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Ditch Cross Sections. Ditch cross sections shall be in accordance with current adopted State Highway Administration criteria.

Regulation .04 Subdivisions, Street Location, and Alignment Requirements.Copy Citation

A.
Definitions.
(1)
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”.
(2)
State highways or principal roads will be known as “preference roads”.
B.
Nonpreference roads leading into or intersecting preference roads are limited to a distance of 750 feet between center lines.
C.
The angle of intersection with preference roads shall be not less than 70 degrees or greater than 110 degrees.

Regulation .05 Grade Requirements.Copy Citation

A.
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.
B.
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.
C.
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.

Regulation .06 General Information.Copy Citation

A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
C.
Information which is required to determine properly the effect of proposed drainage facilities on existing highway drainage facilities is as follows:
(1)
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.
(2)
Current zoning information, preferably presented in map form, covering the entire drainage areas involved.
(3)
Grading plans, if the project is part of a residential or commercial development.
(4)
Plans of the proposed drainage construction, identifying each pipe or other structure involved.
(5)
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.
(6)
Hydraulic calculations in accordance with currently accepted engineering practices.
D.
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.
E.
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.
F.
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.

Chapter 06. Residential Entrance Permits

Regulation .01 Procedure for Obtaining Permit.Copy Citation

A.
Work within the State right-of-way may not be undertaken until a permit has been issued by the State Highway Administration.
B.
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:
B-1.
Addresses may be posted on the Administration's website.
C.
Application. Applications shall be submitted in duplicate on forms provided by the Administration, or by other methods as determined acceptable by the Administration.
D.
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).
E.
Performance Surety.
(1)
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.
(2)
If a surety is submitted, the Administration shall be designated as the obligee, and the permittee as principal.
(3)
If a certified check is submitted, the check shall be made payable to the State Highway Administration.
(4)
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.
F.
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.
G.
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.
H.
Inspection Cost.
(1)
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.
(2)
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.

Regulation .02 Standards and Specifications.Copy Citation

A.
All work and materials shall conform to Administration construction specifications, standards, and addenda current at the time of the permit grant.
B.
All work is subject to periodic inspection and final approval by the Administration.
C.
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.
D.
Circular drives (ingress and egress point connected by a common driveway) require a minimum frontage of 100 feet.
E.
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.
F.
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.
G.
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.
H.
Paving.
(1)
Area with Existing Sidewalks and Concrete Curb and Gutter. Paving shall consist of 6 inches Portland cement concrete on a suitable subbase.
(2)
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.
I.
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.
J.
Mailboxes.
(1)
Mailboxes erected within the State Highway Administration's right-of-way shall be placed on a break-away type post or support.
(2)
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.
(3)
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.

Chapter 07. Control and Use of Rest Areas

Regulation .01 Application.Copy Citation

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.

Regulation .02 Signing of Register.Copy Citation

All visitors to welcome centers are asked to sign the register.

Regulation .03 Parking.Copy Citation

Parking is permitted only in designated areas.

Regulation .04 Litter.Copy Citation

A.
Picnic and travel litter may be disposed of only in the containers provided for that purpose.
B.
Visitors are asked to use recycling containers where provided.
C.
Litter, trash, or garbage from other sources may not be disposed of in rest area containers.

Regulation .05 Fires.Copy Citation

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.

Regulation .06 Pets.Copy Citation

A.
Pets shall be on leashes at all times. Except for service animals used by people with disabilities, pets are not permitted in buildings.
B.
Water outlets may not be used to bathe pets.

Regulation .07 Length of Time for Use.Copy Citation

Visitors may not use an area for more than 3 hours without a permit from the caretaker or the Maryland State Police.

Regulation .08 Commercial Vehicles.Copy Citation

Commercial vehicles may not use the areas for interchanging, loading, unloading, servicing, or other commercial activities.

Regulation .09 Unattended Vehicles.Copy Citation

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.

Regulation .10 Alcoholic Beverages.Copy Citation

Consumption of alcoholic beverages is prohibited.

Regulation .11 Camping and Overnight Parking.Copy Citation

Camping and overnight parking are prohibited.

Regulation .12 Firearms and Fireworks.Copy Citation

The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.

Regulation .13 Gambling.Copy Citation

Gambling is prohibited. This regulation does not apply to State lottery terminals.

Regulation .14 Blocking.Copy Citation

Interfering with or blocking any drive, path, walk, building, or area is prohibited.

Regulation .15 Loitering.Copy Citation

Loitering in or around toilet facilities is prohibited.

Regulation .16 Vandalizing, Defacing, Misusing, or Damaging the Area.Copy Citation

Vandalizing, defacing, misusing, or damaging any man-made or natural part of the area is prohibited.

Regulation .17 Public Demonstration.Copy Citation

Public demonstration or oration is prohibited.

Regulation .18 Throwing Objects.Copy Citation

Throwing stones or other objects is prohibited.

Regulation .19 Uncivil Acts.Copy Citation

Uncivil language, gestures, and acts are prohibited.

Regulation .20 Breach of Peace.Copy Citation

Any act amounting to breach of the peace is prohibited.

Regulation .21 Commercial Activities.Copy Citation

Unless duly authorized by the State Highway Administration, the following commercial activities are prohibited:
A.
Selling or advertising;
B.
Posting notices or signs;
C.
Hiring, leasing, or letting out merchandise;
D.
Displaying or exhibiting merchandise.

Regulation .22 Administration Employee Witnessing Infraction.Copy Citation

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.

Chapter 08. Junkyard Licensing and Control

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
"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.
(3)
“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.
(4)
“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.
(5)
“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”.
(6)
“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.
(7)
“Junkyard” means an establishment or place of business described in Transportation Article, §8-801(d), Annotated Code of Maryland.
(8)
“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.
(9)
“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).
(10)
“Owner or operator” means the person who has control over the maintenance and operations of a junkyard.
(11)
“Person” means:
(a)
An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;
(b)
Any partnership, firm, association, public or private corporation, or other entity; and
(c)
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.
(12)
“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.
(13)
“Section” means the Outdoor Advertising Section within the Administration.
(14)
“Visible” means capable of being seen without visual aid by a person of normal eyesight.

Regulation .02 Responsibility.Copy Citation

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.

Regulation .03 Junkyard License.Copy Citation

The following regulations govern the Section in licensing existing and new junkyards under Transportation Article, Title 8, Subtitle 8, Annotated Code of Maryland:
A.
Application.
(1)
An applicant for an initial or renewed junkyard license shall apply on a form furnished by the Section.
(2)
Signature. The applicant or his duly authorized agent shall sign the application form.
(3)
Attachments. The applicant shall attach to the completed application form all of the following:
(a)
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:
(i)
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
(ii)
The location and details of any proposed screening;
(b)
A general location map;
(c)
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.
(4)
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.
B.
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.
C.
License Fee.
(1)
An applicant for an initial or renewed junkyard license shall submit with his application a license fee in the amount stated below.
(2)
Annual Fee. The annual fee for an initial or renewed junkyard license is $100.
(3)
License Year. The license year extends from January 1 through the following December 31. Every license expires at the end of the license year.
(4)
Proration of Fee.
(a)
If an initial license is issued in any month after January, the Section shall prorate the license fee.
(b)
The Section may not prorate the fee for a renewed license.
(c)
Prorated fees for initial licenses issued after January 31 are
(5)
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.
(6)
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.
(7)
No refund If License Revoked. The Section may not refund any part of the license fee upon revocation of a license.
D.
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.

Regulation .04 Screening.Copy Citation

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.
A.
General Requirements.
(1)
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.
(2)
The screen shall block the view of the junkyard from any point on the main traveled way of any interstate or primary highway.
(3)
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.
(4)
The junkyard owner or operator shall bear the cost of all plantings and architectural screens.
B.
Planting Screen Requirements.
(1)
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.
(2)
The junkyard owner or operator shall obtain the approval of the Section for the location, size, and variety of screen plantings.
(3)
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.
(4)
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.
(5)
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.
(6)
Shrubs.
(a)
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.
(b)
The Section normally requires that spacing for shrubs be from 2 to 5 feet on centers.
(c)
The Section normally requires multiple rows of shrubs.
C.
Architectural Screen Requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
Fences.
(a)
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.
(b)
If the composition of a fence requires that the fence be painted, the color of any paint shall blend into the surrounding environment.
(c)
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.
(5)
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.
D.
Maintenance of Screening.
(1)
The junkyard owner or operator shall maintain a planting or architectural screen which makes his junkyard not visible from the highway.
(2)
Plantings shall be kept in a live, healthy condition. Plants not in a live, healthy condition shall be replaced.
(3)
Walls and fences shall be kept in good order and repair, acceptable to the Section.

Regulation .05 Enforcement.Copy Citation

A.
The Administration may take action, as follows, against a nonconforming or an illegal junkyard.
B.
Action That May Be Taken.
(1)
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:
(a)
If the junkyard is licensed, the Section may revoke its license;
(b)
The Administration may recycle the junk in any nonconforming portion of the junkyard and then close that portion.
(2)
Illegal Junkyards. When the Section determines that a junkyard is illegal, it may take either of the following legal actions:
(a)
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
(b)
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.

Chapter 09. Bicycles

Regulation .01 Smooth Surface.Copy Citation

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.

Chapter 10. Specific Information or Business Signs

Regulation .01 Definitions.Copy Citation

A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
“Business” means the provider of one of the four services (gas, food, lodging, and camping).
(3)
“Drive-in” means a food business that provides stalls for which customers in vehicles can park, order, and eat food.
(4)
“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:
(a)
A median divider separating opposing traffic lanes to eliminate head-on collisions and side-swiping;
(b)
Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;
(c)
Points of entrance and exit limited to predetermined locations;
(d)
Vertical curves long enough to provide long sight distances; and
(e)
Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.
(5)
“Generic motorist services symbols” means blue signs upon which white symbols are placed to indicate the presence of gas, food, lodging, or camping.
(6)
“Gore” means the point at which the ramp roadway leaves the mainline roadway.
(7)
“Logos” means the individual business trademarks.
(8)
“Mainline” means the through roadway of the highway.
(9)
“Ramp” means the connecting roadway between the mainline and the intersected road.
(10)
“Services” means the four basic motorist services of gas, food, lodging, and camping.
(11)
“Stall” means a clearly defined space for parking a vehicle.

Regulation .02 Applications.Copy Citation

A.
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.
B.
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.
C.
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.
D.
The initial annual fee will be remitted by the business to the Administration upon approval of its application.
E.
The annual fee period will begin on the date of the sign installation, with annual renewals.

Regulation .03 General Requirements for All Signing.Copy Citation

A.
The specific services signing program applies only to expressways along the Maryland State highway system.
B.
Repealed.
C.
Logo signs are motorist information signs, therefore, advertising may not be permitted on the logo sign.
D.
Placement and Maintenance of Logo Signs.
(1)
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.
(2)
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.
E.
Specific services signs may not be considered for placement at those interchanges which do not provide direct re-entry to the mainline.
E-1.
Number of Logo Signs.
(1)
Specific service signing is limited to no more than ten logos per service per direction per interchange.
(2)
A specific service sign is limited to six logos.
(3)
If there are more than six eligible logos for a service, the Administration may display up to four additional logos if:
(a)
On a new service sign the number and placement of signs is consistent with §§M—O of this regulation; or
(b)
On an existing service sign, at least two logo spaces remain available after additional logos are displayed.
F.
Business to Provide Logo Sign Plates.
(1)
The business establishment will be responsible for providing logo sign plates to the State Highway Administration.
(2)
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.
(3)
Before the manufacture of the logo sign plate, the business shall submit to the Administration a layout plan of their proposed logo for approval.
(4)
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.
G.
All sign maintenance activities will be performed at the discretion of the Administration. Maintenance will be performed by the Administration or its contractors.
H.
Eligible service establishments may not discriminate on the basis of race, religion, sex, nationality, or creed.
I.
Eligible service establishments shall conform with all applicable State and local laws with regard to licensing and operation.
J.
Logos will be placed on specific services signs on the basis of those establishments closest to the interchange.
K.
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:
(1)
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;
(2)
The removal will occur on the anniversary date and there will be no refund of any fees paid.
L.
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.
M.
Spacing between mainline signs shall be at least 800 feet and spacing between ramp signs shall be at least 100 feet.
N.
Distance from gore to the first ramp sign shall be at least 100 feet.
O.
Measurements to services are referenced to the gore, or if more than one, to the first gore.
P.
Specific services signs are not advertising signs but are traffic control devices. Local zoning regulations may not apply.
Q.
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.
R.
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.
S.
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.

Regulation .04 Specific Conditions for Gas Signing.Copy Citation

A.
Signing for gas shall be limited to those business establishments within 1 mile from the gore of the associated off-ramp.
B.
Repealed.
C.
The business establishment shall provide vehicle services to include fuel, oil, and water.
D.
The business establishment shall include restroom facilities and public drinking water.
E.
The business establishment shall be in continuous operation 16 or more hours per day and 7 days per week.
F.
The business establishment shall have a telephone available for public use.

Regulation .05 Specific Conditions for Food Signing.Copy Citation

A.
Signing for food shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.
B.
Repealed.
C.
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.
D.
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.
E.
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.
F.
The business establishment shall have a telephone available for public use.
G.
Except as provide in §H of this regulation, the business establishment shall have a minimum seating capacity for 20 persons.
H.
Drive-ins shall have a minimum of 10 stalls.

Regulation .06 Specific Conditions for Lodging Signing.Copy Citation

A.
Signing for lodging shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.
B.
Repealed.
C.
The business establishment shall have a minimum of ten rooms or units and shall be open the year round.
D.
The business establishment shall have a telephone available for public use.

Regulation .07 Specific Conditions for Camping Signing.Copy Citation

A.
Signing for camping shall be limited to those business establishments within 15 miles from the gore of the associated off-ramp.
B.
Repealed.
C.
The campground shall have a minimum of ten camping spaces.
D.
The campground shall have adequate parking for each camping space.
E.
The campground shall have sanitary facilities.
F.
The campground shall have drinking water.
G.
The campground access shall be capable of accommodating vehicles and trailers during all weather conditions.
H.
The campground shall have a telephone available for public use.
I.
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.

Chapter 11. Overweight Vehicle Permits for Certain Containerized Cargo Hauling

Regulation .01 Definitions.Copy Citation

A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
"Containerized cargo" means manifested international freight in a sealed, seagoing container that is heading to or egressing the Port of Baltimore.
(3)
“Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(4)
“Unit” means the Hauling Permits Unit located within the Motor Carrier Division at the Maryland State Highway Administration's Office of Traffic and Safety.

Regulation .02 Permits Available.Copy Citation

A person may move an indivisible load of containerized cargo under a containerized cargo permit.

Regulation .03 Determination of an Indivisible Load.Copy Citation

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:
A.
The vehicle does not exceed the following maximum gross vehicle weight or axle weight limits:
(1)
22,400 pounds on a single axle;
(2)
44,000 pounds on 2 consecutive axles at least 4 feet apart; or
(3)
90,000 pounds gross vehicle weight; and
B.
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:
(1)
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;
(2)
Vehicle is being operated in compliance with the permit issued under these regulations; and
(3)
Original permit issued to the appropriate permittee is being carried in the vehicle.

Regulation .04 Routes of Travel.Copy Citation

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:
A.
Between the Dundalk Marine Terminal and the Maryland-Pennsylvania State Line as follows:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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;
(b)
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.
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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;
(b)
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.
B.
Between the Dundalk Marine Terminal and the Maryland-Delaware State Line as follows:
(1)
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;
(2)
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.
C.
Between the CSX Intermodal Ramp and the Maryland-Pennsylvania State Line as follows:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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;
(b)
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.
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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;
(b)
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.
D.
Between the CSX Intermodal Ramp and the Maryland-Delaware State Line as follows:
(1)
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;
(2)
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.
E.
Between the South Locust Point Marine terminal and the Maryland-Pennsylvania State Line:
(1)
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;
(2)
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.
F.
Between the South Locust Point Marine Terminal and the Maryland-Delaware State Line:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
G.
Intra-city routes between the Dundalk Marine Terminal and the South Locust Point Marine Terminal are as follows:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
H.
Intra-city routes between the Dundalk Marine Terminal and Norfolk Southern Intermodal Ramp are as follows:
(1)
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;
(2)
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.
I.
Intra-city routes between the Dundalk Marine Terminal and the Port Covington CSX Railhead:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
J.
Intra-city routes between the Dundalk Marine Terminal and the CSX Intermodal Ramp:
(1)
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;
(2)
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.
K.
Intra-city routes between the South Locust Point Marine Terminal and Port Covington CSX Railhead are as follows:
(1)
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;
(2)
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.
L.
Intra-city routes between the South Locust Point Marine Terminal and the CSX Intermodal Ramp:
(1)
Harbor Tunnel (I-895) routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
M.
Intra-city routes between the South Locust Point Marine Terminal and the Norfolk Southern Intermodal Ramp are as follows:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
N.
Intra-city routes between the CSX Intermodal Ramp and Norfolk Southern Intermodal Ramp are as follows:
(1)
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;
(2)
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.
O.
Intra-city routes between the CSX Intermodal Ramp and the Port Covington CSX Railhead are as follows:
(1)
Harbor Tunnel (I-895) Routes:
(a)
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,
(b)
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;
(2)
Fort McHenry Tunnel (I-95) Routes:
(a)
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,
(b)
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.
P.
Routes using Interstate-83 to and from the Maryland-Pennsylvania State Line:
(1)
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;
(2)
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.
Q.
Between the Port of Baltimore and Cambridge, Salisbury, the Maryland-Delaware State Line and Federalsburg:
(1)
Between the Port of Baltimore and Cambridge and Salisbury via U.S. Route 50:
(a)
Harbor Tunnel (I-895) Routes:
(i)
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.
(ii)
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.
(b)
Fort McHenry Tunnel (I-95) Routes:
(i)
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.
(ii)
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.
(2)
Auxiliary routes between U.S. Route 50 and the Maryland-Delaware State Line:
(a)
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.
(b)
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.
(3)
Auxiliary routes between U.S. Route 50 and Federalsburg:
(a)
From U.S. Route 50 East travel Maryland Route 331 East to Maryland Route 318 East to Federalsburg.
(b)
From Federalsburg travel Maryland Route 318 West to Maryland Route 331 to U.S. Route 50 West.
R.
Additional authorized containerized cargo access routes are:
(1)
Interstate-68 east and west and Interstate-70 east and west to existing containerized cargo and return;
(2)
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;
(3)
Hanover, Maryland, Candlewood Road, Maryland Route 176 east and west and Interstate-97 north and south to existing containerized cargo routes and return;
(4)
From the Maryland—Virginia Line, Interstate-495 north and south, and Interstate-95 north and south to existing containerized cargo routes and return;
(5)
Snowden River Parkway, Maryland Route 175 east and west to Interstate-95 north and south to existing containerized cargo routes and return;
(6)
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
(7)
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).

Regulation .05 Authority to Issue Permit.Copy Citation

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.

Regulation .06 Procedures.Copy Citation

A.
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.
B.
The Unit may issue a containerized cargo permit that is valid for 1 year.
C.
The Unit shall complete all blanks on the face of the containerized cargo permit before issuing the permit directly to the applicant.
D.
The permittee shall sign the permit upon receipt.
E.
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.
F.
The permit vehicle may travel permitted routes on a 24-hour daily basis.
G.
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.

Regulation .07 Fees.Copy Citation

A permit issued under this chapter may be issued at no cost to the applicant.

Regulation .08 Denial of Permit.Copy Citation

A.
The Unit may not issue a containerized cargo permit unless the vehicle has 5 axles or more.
B.
A permit may not be issued for more than one container on a truck tractor-semitrailer combination of vehicles.
C.
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.
D.
Repealed.
E.
A vehicle weighing 80,000 pounds or more gross vehicle weight shall be registered for the maximum gross weight in its state of registration.
F.
Vehicles weighing less than 80,000 pounds gross vehicle weight shall be registered for not less than their actual gross vehicle weight.
G.
The permit vehicle and load may not exceed the vehicle size limits allowed by the Maryland Transportation Article, Title 24, Annotated Code of Maryland.

Regulation .09 Miscellaneous Conditions.Copy Citation

The following conditions apply to every containerized cargo permit:
A.
The conditions specified in this regulation apply to every containerized cargo permit.
B.
A permit does not authorize a vehicle to travel upon roadways and bridges when the gross vehicle weight exceeds the posted weight restriction.
C.
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.
D.
A permit vehicle may not be operated at speeds greater than 50 miles per hour.
E.
Failure to Comply.
(1)
Failure to comply with permit conditions or these regulations shall:
(a)
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;
(b)
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
(c)
Cause the load subject to reduction in compliance with Transportation Article, Title 24, Annotated Code of Maryland.
(2)
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.
F.
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.

Regulation .10 Suspension.Copy Citation

A.
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.
B.
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.
C.
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.
D.
Procedures.
(1)
The Unit determines initially all violations of these regulations or the terms of a permit.
(2)
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.
(3)
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.
(4)
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.
(5)
After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
(6)
The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.

Regulation .11 False Statement in Permit Application.Copy Citation

A.
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.
B.
Procedures.
(1)
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.
(2)
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.
(3)
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.
(3-1)
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.
(4)
The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.

Regulation .12 Costs and Damages for which Permittee is Responsible.Copy Citation

A.
The permittee is responsible for payment of each of the following items:
(1)
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;
(2)
The cost of all correspondence, whether telephonic or written, made in connection with the permit;
(3)
Any additional expense incurred by the Administration in connection with the permit or the movement authorized by the permit.
B.
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.

Chapter 12. Local Delivery Truck Routes

Regulation .01 Purpose.Copy Citation

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.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
“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.

Regulation .03 Designation of Route.Copy Citation

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.

Regulation .04 Access.Copy Citation

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.

Chapter 13. Smart Growth

Regulation .01 Purpose.Copy Citation

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.

Regulation .02 Definition.Copy Citation

A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Priority funding area” has the meaning stated in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.

Regulation .03 Projects Located Within a Priority Funding Area.Copy Citation

A.
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:
(1)
Each segment:
(a)
Standing alone would be exempt under State Finance and Procurement Article, §5-7B-06, Annotated Code of Maryland;
(b)
Is necessary to eliminate or reduce the number of access points to a highway;
(c)
Is necessary to avoid denying access to a property owner with existing access;
(d)
Improves or maintains an existing roadway without significantly increasing capacity; or
(e)
Comprises less than 5 percent of the lane mileage of the total project length; and
(2)
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.
B.
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.

Chapter 14. Traffic Control Signal Monitoring Systems — Duration of Yellow Signal Indications

Regulation .01 Scope.Copy Citation

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.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Agency” means:
(a)
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
(b)
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.
(2)
“Approach grade” means the percent grade of the roadway approaching the signal, expressed as:
(a)
A positive number for an uphill grade; and
(b)
A negative number for a downhill grade.
(3)
“Approach speed” means the higher of the 85th percentile speed or the posted speed limit, in miles per hour (mph).
(4)
“Average day” means a day representing traffic volumes normally and repeatedly found at a location, typically a weekday when volumes are influenced by employment.
(5)
“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.
(6)
“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.
(7)
“Heavy truck” means a single unit truck with three or more axles, a tractor-trailer, or a tractor-semitrailer combination.
(8)
“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.
(9)
“Yellow change interval” means the length of time (in seconds) that a traffic control signal displays a yellow indication before changing to red.

Regulation .03 Minimum Yellow Change Intervals.Copy Citation

A.
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.
B.
Formula. The formula for calculating the yellow change interval (in seconds) is:
C.
Adjustments to Calculated Yellow Change Interval.
(1)
The calculated yellow change interval shall be rounded up to the nearest half second.
(2)
If the calculated yellow change interval is less than 3.0 seconds, then the yellow change interval shall be 3.0 seconds.
(3)
If the calculated yellow change interval is greater than 6.0 seconds, then the yellow change interval shall be 6.0 seconds.

Chapter 15. Work Zone Speed Control Systems

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Local police department” means:
(a)
The police department of any municipal corporation;
(b)
The police department of any county; and
(c)
The sheriff's department of any county that has highway traffic patrol responsibilities.
(2)
“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.
(3)
“Recorded image” means an image recorded by a work zone speed control system:
(a)
On:
(i)
A photograph;
(ii)
A microphotograph;
(iii)
An electronic image;
(iv)
Videotape; or
(v)
Any other medium; and
(b)
Showing:
(i)
The rear of a motor vehicle;
(ii)
At least two timed-stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and
(iii)
On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
(4)
“State police department” means the Department of State Police and the Maryland Transportation Authority Police.
(5)
“Work zone” means a segment of a highway:
(a)
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;
(b)
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
(c)
That is equipped with:
(i)
Signage designating each entrance and exit to the work zone; and
(ii)
Flashing lights that operate whenever workers are present at the work zone.
(6)
“Work zone speed control system” means a device that:
(a)
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
(b)
Is equipped with flashing blue lights.
(7)
“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:
(a)
A police officer;
(b)
A representative of a local police department;
(c)
A representative of a State police department; or
(d)
A State Highway Administration contractor.

Regulation .02 Authorization, Site Qualification, and Operator Selection.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.

Regulation .03 Public Notification and Advance Warning.Copy Citation

A.
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:
(1)
The general use of work zone speed control systems; or
(2)
The segments of highways where and the dates and times when, work zone speed control systems may be deployed.
B.
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.
C.
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.
D.
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.

Regulation .04 Training, Logs, and Calibration.Copy Citation

A.
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.
B.
Each local police department and State police department that acquires a work zone speed control system shall:
(1)
Obtain the initial and annual independent calibrations required by Transportation Article, §21-810(b)(6), Annotated Code of Maryland; and
(2)
Maintain a file documenting the results of all calibration testing.
C.
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.
D.
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:
(1)
The date and time when and the location where the system was set up; and
(2)
That the operator successfully performed, and the device passed, the manufacturer-specified self-tests before producing a recorded image.
E.
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.
F.
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.

Regulation .05 Processing of Images and Citations.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
E.
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.

Chapter 16. Mobile Seafood and Produce Vendors

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the State Highway Administration.
(2)
“District” means one of the Administration’s seven operational offices located throughout the State.
(3)
“Established place of business” means any permanent building or structure from which a permanent business is conducted during normal business hours throughout the year.
(4)
“Mobile seafood or produce vendor” means a person who sells or offers for sale any seafood or produce:
(a)
While on foot;
(b)
From any vehicle or conveyance, whether or not the vehicle or conveyance is in operating condition; or
(c)
From any tent, temporary stand, roadside stand, roadside market, or other quarters that is not an established place of business.
(5)
“Produce” means any fruit or vegetable product of the soil that is intended for human consumption.
(6)
“Produce” does not include a canned, frozen, dried, or pickled product.
(7)
“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.
(8)
“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.
(9)
“State highway” means any public highway owned by this State.

Regulation .02 Authorization and Site Qualifications.Copy Citation

A.
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.
B.
The Administration may not enter into a lease with a mobile seafood or produce vendor until:
(1)
The mobile seafood or produce vendor has:
(a)
Submitted a lease application to the appropriate District; and
(b)
Paid in full all necessary application fees;
(2)
The Administration has approved the lease application; and
(3)
The Federal Highway Administration has approved the lease application for highways for which its approval is required.

Regulation .03 Application for Vendor Lease.Copy Citation

A.
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.
B.
The applicant shall submit a non-refundable application fee that is determined by the Administration.
C.
The Administration shall determine the period of time prior to the anticipated date of operations that an application is due.
D.
The application shall include the following information:
(1)
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;
(2)
A vicinity map showing the location of the proposed site;
(3)
A detailed sketch showing the layout of the proposed site;
(4)
A copy or verification of the County permit allowing the mobile seafood or produce vendor to operate within the jurisdiction;
(5)
Proof of insurance in the amount of $1 million for each incident;
(6)
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
(7)
Anticipated hours of operation within limits established by the Administration.
E.
The Administration may not approve a lease application for a mobile seafood or produce vendor site that:
(1)
Is located:
(a)
On a highway with a posted speed limit of more than 45 miles per hour;
(b)
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;
(c)
On a controlled-access or partially controlled-access highway;
(d)
On an Interstate highway; or
(e)
On any bridge or overpass;
(2)
Reduces sight distance along the highway; or
(3)
Creates an unsafe condition as determined by the Administration.

Regulation .04 Vendor Lease.Copy Citation

A.
A mobile seafood or produce vendor lease shall be developed by the Administration.
B.
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.
C.
No lease shall extend past November 30 of each year.
D.
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.
E.
The Administration may terminate a lease immediately for any of the following reasons:
(1)
Failure to comply with federal, State, or local laws;
(2)
Failure to pay rent as indicated in the lease;
(3)
Emergency or unforeseen roadway maintenance, construction, drainage or other work serving a public interest, as determined by the Administration, is needed;
(4)
A substantial change in the characteristics of traffic in the vicinity of the site;
(5)
Failure to submit to routine inspections or comply with findings of inspections;
(6)
Failure to control litter or debris; or
(7)
Failure to maintain site distance requirements.

Regulation .05 Inspections.Copy Citation

A.
Routine inspections may be conducted at any time by the Administration, a law enforcement agency, or a local health or labor agency.
B.
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.

Regulation .06 Enforcement.Copy Citation

Enforcement of this chapter shall be conducted as specified under Transportation Article, §24-304, Annotated Code of Maryland.

Chapter 17. Heavy Weight Port Corridor Permit

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Maryland Department of Transportation State Highway Administration.
(2)
“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.
(3)
“Police officer” has the meaning stated in Transportation Article, §24-111, Annotated Code of Maryland.
(4)
“Truck tractor” has the meaning stated in Transportation Article, §11-172, Annotated Code of Maryland.
(5)
“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.

Regulation .02 Permits Available.Copy Citation

A.
Heavy Weight Port Corridor permits may be issued as specified in this chapter.
B.
A person may move an indivisible load of containerized cargo under a Heavy Weight Port Corridor permit.
C.
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.

Regulation .03 Determination of Vehicle Eligibility.Copy Citation

A.
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:
(1)
22,400 pounds on a single axle;
(2)
44,000 pounds on two consecutive axles at least 4 feet apart;
(3)
60,000 pounds on a tri-axle configuration more than 8 feet apart between the first and last axles of the grouping; and
(4)
A total gross weight of 100,000 pounds for the vehicle and load.
B.
Tire manufacturer ratings may not be exceeded.
C.
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.
D.
No load tolerance for gross weight or axle weights shall be applied.

Regulation .04 Routes of Travel.Copy Citation

A.
Heavy Weight Port Corridor permits may be issued for the following routes without deviation:
(1)
Between Seagirt Marine Terminal and Tradepoint Atlantic.
(a)
Primary Route.
(i)
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.
(ii)
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.
(b)
Alternate Broening Highway Route.
(i)
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.
(ii)
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.
(c)
Second Alternate Broening Highway Route.
(i)
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.
(ii)
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.
(2)
Between Seagirt Marine Terminal and Belts Centralized Examination Station Facility/U.S. Customs Inspection.
(a)
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.
(b)
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.
(3)
Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Belts Centralized Examination Station Facility/U.S. Customs Inspection.
(a)
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.
(b)
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.
(4)
Between Seagirt Marine Terminal and Ace Logistics.
(a)
From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to left on Holabird Avenue, Holabird Avenue to Ace Logistics.
(b)
From Ace Logistics — Ace Logistics to left on Holabird Avenue, Holabird Avenue to right on Broening Highway, Broening Highway to Seagirt Marine Terminal.
(5)
Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics.
(a)
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.
(b)
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.
(6)
Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics and Stop at Belts Centralized Examination State Facility/U.S. Customs Inspection.
(a)
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.
(b)
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.
B.
The Secretary may rescind use of any authorized Heavy Weight Port Corridor route for reasons of safety, infrastructure preservation, or adverse community impact.

Regulation .05 Authority to Issue Permit.Copy Citation

The Unit may issue permits to allow the movement of overweight vehicles with an indivisible load of containerized cargo as specified in this chapter.

Regulation .06 Procedures.Copy Citation

A.
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.
B.
The Unit may issue a Heavy Weight Port Corridor permit that is valid for 1 year.
C.
The Unit shall issue the permit for the truck tractor listed in the application.
D.
The permittee shall read the permit upon receipt and be familiar with all terms and conditions.
E.
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.

Regulation .07 Fees.Copy Citation

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.

Regulation .08 Miscellaneous Conditions.Copy Citation

A.
The original permit issued shall be presented by the driver immediately upon demand of a police officer or members of the Unit.
B.
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.
C.
Documentation to verify that cargo is manifested international freight shall be presented upon demand of a police officer or member of the Unit.
D.
The permit vehicle shall adhere to the maximum speed limit specified on the permit.
E.
Travel is permitted only on the designated route. No deviations from the designated route are permitted.
F.
Travel upon culverts, bridges, or other structures in violation of a sign posted vehicle weight restriction is prohibited.
G.
Continuous travel is allowed except for designated holiday restriction periods or as otherwise determined by the Unit.
H.
The permit vehicle may travel permitted routes on a 24-hour basis unless the permit restricts the hours of travel.
I.
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.

Regulation .09 Violation of Permit.Copy Citation

A.
The Unit determines initially all violations of this chapter or the terms of a permit.
B.
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.
C.
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.
D.
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.
E.
After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
F.
The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.
G.
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.
H.
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.
I.
Confiscation.
(1)
Heavy Weight Port Corridor permits confiscated under §H of this regulation shall be returned by the police officer to the Unit.
(2)
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:
(a)
$1,000 for an initial confiscated permit replacement; or
(b)
$5,000 for a second or subsequent confiscated permit replacement.
(3)
Heavy Weight Port Corridor confiscated permit replacement costs are nonrefundable.

Regulation .10 Suspension.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
H.
The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.

Regulation .11 False Statement in Permit Application.Copy Citation

A.
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.
B.
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.
C.
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.
D.
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.
E.
After reviewing the record and any evidence submitted at any hearing, the Director shall affirm, amend, or reverse the decision of the Unit.
F.
The decision of the Director, Office of Traffic and Safety, is the final decision of the Maryland Department of Transportation State Highway Administration.

Regulation .12 Costs and Damages for Which Permittee Is Responsible.Copy Citation

A.
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.
B.
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.

Chapter 18. Joint Trenching of Broadband

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Broadband provider” means a telecommunications entity deploying broadband-related infrastructure such as conduit, fiber, or similar infrastructure.
(2)
“Department” means the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration.
(3)
“Joint trenching” means the Department or a local government laying or installing conduit, fiber, or similar infrastructure concurrently with one or more broadband providers.
(4)
Trenching.
(a)
“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.
(b)
“Trenching” does not include a project for construction or maintenance of a highway facility, including drainage or culvert work.

Regulation .02 Applicability.Copy Citation

This chapter applies to the Department and local governments that are located outside of the Washington Suburban Sanitary District.

Regulation .03 Procedures for Joint Trenching.Copy Citation

A.
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.
B.
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.
C.
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.
D.
A broadband provider shall comply with any other requirements of the Department or local government that would otherwise apply independent of joint trenching.

Chapter 19. Vehicle Equipment—Portable Variable Messaging Signs—Authorization

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined:
(1)
“MdMUTCD” means the Maryland Manual on Uniform Traffic Control Devices for Streets and Highways adopted in Transportation Article, §25-104, Annotated Code of Maryland.
(2)
“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.
(3)
“Tow truck” has the meaning stated in Transportation Article, §13-920, Annotated Code of Maryland.

Regulation .02 Tow Truck-mounted Portable Variable Messaging Signs.Copy Citation

All tow truck-mounted portable variable messaging signs shall be:
A.
Permanently affixed to a tow truck;
B.
Installed at a height of at least 7 feet measured from the surface of the roadway to the bottom of the sign; and
C.
In conformance with the requirements of the MdMUTCD.

Regulation .03 Message Display.Copy Citation

A.
A message may be displayed only while at the scene of a crash or a disabled vehicle.
B.
The message that may be displayed is “SLOW DOWN”, displayed as two lines in all upper-case letters.
C.
Any tow truck-mounted portable variable messaging sign shall only display static text that:
(1)
Is colored yellow or amber, on an opaque black background;
(2)
Is one consistent letter height of at least 10 inches; and
(3)
Contains words within which the letter spacing is between 25 and 40 percent of the letter height.
D.
The vertical spacing between the lines of text shall be between 50 and 75 percent of the letter height.
E.
The message shall not include animation, flashing, dissolving, exploding, scrolling, or other dynamic display elements.