<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 11.05.03.03" title_num="11" subtitle_num="05" chapter_num="03" heading="Motor Vehicle Port Admission Permit.">
  <paragraph num="A.">
    <text>Permit Requirements.</text>
    <paragraph num="(1)">
      <text>A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued a Decal or a Visitor, Vendor, 14-Day, Cargo Gate Pass or E-Pass in accordance with this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to display the decal or pass properly may result in the denial of access to MPA property.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Access to MPA property is subject to limitations and time frames specified by the MPA.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A motor vehicle specifically exempted by these regulations is not subject to permit requirements.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Types of Permits.</text>
    <paragraph num="(1)">
      <text>Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained a Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle’s front windshield with the expiration date clearly displayed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>14-Day Pass. Non-decaled motor vehicles operated by authorized persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Visitor or Vendor Vehicle Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a printed Visitor or Vendor Pass, or shall display an E-Pass on their mobile device. Issuance of a Visitor or Vendor Pass or E-Pass requires prior notification to the MPA via its electronic database. The printed pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Cargo Gate Pass. A Motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The vehicle operator shall be registered via MPA’s electronic database, eModal, before entering the facility.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Exemptions. Special mobile equipment and emergency vehicles, as defined in Transportation Article, §11-118, Annotated Code of Maryland are exempt from the permit requirements of this chapter when they are being used:</text>
      <paragraph num="(a)">
        <text>In the performance of official duties; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For conducting business on any MPA facility.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Application Procedures.</text>
    <paragraph num="(1)">
      <text>Requirements for a Decal. A person desiring a decal under this regulation shall:</text>
      <paragraph num="(a)">
        <text>Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit a completed permit application to the MPA Office of Security or designee on the form provided;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Exhibit a valid State driver's license, of the class authorized for that particular type of vehicle, covering the person operating the vehicle at the time of application, and exhibit proof of insurance for the vehicle for which application is made.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Requirements for a Visitor or Vendor Vehicle Pass. A Visitor or Vendor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors and vendors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor or vendor’s entry to the facility shall provide all required identification information to the MPA in advance through MPA’s electronic database.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:</text>
      <paragraph num="(a)">
        <text>Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person’s failure to obtain a decal; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receive prior authorization from the MPA, the MdTA Police, or a tenant or other user of the Port facility to be on the facility for the requested period.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass or E-Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass or E-Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Decision on Application for Decals.</text>
    <paragraph num="(1)">
      <text>A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Display of Decals and Passes.</text>
    <paragraph num="(1)">
      <text>Decals. Upon approval of an application for a Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>14-Day Passes. Upon approval of an application for a 14-Day Pass, the MPA Office of Security or designee shall issue a 14-Day Pass to the applicant. This pass, upon issue, shall be prominently displayed within the front left windshield area of the vehicle and in full view from the exterior while the motor vehicle is on MPA property.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Visitor or Vendor Vehicle Pass. Upon approval of a visitor or vendor's entrance into a facility, a designated security officer shall issue a Visitor or Vendor Vehicle Pass or E-Pass to the driver.  The printed Visitor or Vendor Vehicle Pass shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An operator or owner of a motor vehicle is in violation of this regulation if the owner or operator is required to display a decal or pass for the motor vehicle but:</text>
      <paragraph num="(a)">
        <text>Does not display a decal or pass; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Displays an expired decal or pass.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Non-Transferability of Decals and Passes. A Decal or Visitor or Vendor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Termination of Decals and Passes.</text>
    <paragraph num="(1)">
      <text>Decals.</text>
      <paragraph num="(a)">
        <text>Upon termination of a Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Decal termination occurs on the earliest of:</text>
        <paragraph num="(i)">
          <text>The date the need for facility access stated in support of the original application no longer exists (for example, termination of employment on the terminal);</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The date the owner or operator voluntarily surrenders the permit;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The date the MPA Office of Security or designee revokes or suspends the permit.</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The date ownership of the vehicle is transferred by the person who obtained the decal; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Upon expiration of the Decal.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Visitor or Vendor Vehicles Passes.</text>
      <paragraph num="(a)">
        <text>The Visitor or Vendor Vehicle Pass shall be returned to a designated security officer or electronically closed upon departure of the motor vehicle from the facility.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Visitor or Vendor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>14-Day Passes.</text>
      <paragraph num="(a)">
        <text>The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The 14-Day Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, when the need for which the permit was issued no longer exists, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Notice of Changes in Conditions.</text>
    <paragraph num="(1)">
      <text>Changes in the information given in the original application for the decal shall be reported by the applicant to the MPA Office of Security or designee immediately after the change.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The following changes shall be reported:</text>
      <paragraph num="(a)">
        <text>New motor vehicle registration plate number;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sale or other disposition of the motor vehicle;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Loss of or damage to the decal;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Change of regularly assigned place of employment;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Change of applicant's employer; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Change in the home address of the owner of the motor vehicle.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Limitations. The issuance of any decal or pass under this chapter or permission for any person to enter MPA property does not permit the motor vehicle or persons unrestricted access throughout a facility or unrestricted movement or parking in the facility for which the decal or pass is issued. Motor vehicles with decals or passes, and persons allowed to enter are permitted access to the property only when the need for access, as given in support of the application, exists. Every person in the facility shall obey these regulations regarding the operation and parking of motor vehicles together with all directives and signs issued by the MPA and all oral or written directions given by MdTA Police to implement this chapter.</text>
  </paragraph>
</regulation>