# COMAR Title 11 — Department of Transportation

## Subtitle 05 — Maryland Port Administration

### Chapter 03 — Vehicle Access, Parking, and Operation on Maryland Port Administration Property

**Authority:** Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland

**Administrative History:** Effective date: September 3, 1975 (2:20 Md. R. 1300)

**Administrative History:** Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)

**Administrative History:** Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)

**Administrative History:** Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Chapter revised effective May 8, 1995 (22:9 Md. R. 646)

**Administrative History:** Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)

**Administrative History:** Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)

**Administrative History:** Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)

**Administrative History:** Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)

**Administrative History:** Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)

**Administrative History:** Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)

#### Regulation .01 Application.

*COMAR 11.05.03.01*

This chapter applies to motor vehicles on all Maryland Port Administration property.

#### Regulation .02 Definitions.

*COMAR 11.05.03.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Access control point” means a location where credentials are produced and verified to ensure authorized access to the facilities.

  (2) “Berth permit” means a permit issued by the MPA Office of Security or designee that permits parking upon a berth.

  (3) “Cargo gate pass” means the document issued at the access control point by security personnel for a vehicle delivering or receiving cargo or designated as cargo.

  (4) “Citation” has the meaning stated in COMAR 11.05.02.02B(2).

  (5) “Conviction” means a plea of guilty, a finding of guilty, a plea of nolo contendere, or acceptance of probation before judgment.

  (6) “Decal” means the individually numbered and adhesive backed decal that is issued and applied to the motor vehicle windshield by the MPA Office of Security or designee.

  (7) “Electronic Pass” (E-Pass) means an electronic pass generated by the MPA and verified at the access control point by security personnel.

  (8) “Law Enforcement Agency” has the meaning stated in Public Safety Article, §3-201(d), Annotated Code of Maryland.

  (9) “Law Enforcement Permit” means a hang tag issued by the MPA Office of Security or designee to law enforcement and MPA Office of Security personnel.

  (10) “MdTA Police” means Maryland Transportation Authority personnel designated as members of the Police Force under Transportation Article, §4-208, Annotated Code of Maryland, or any other police officers as defined by Public Safety Article, §3-201(e), Annotated Code of Maryland, and who are authorized to perform law enforcement duties on MPA property.

  (11) MdTA Police Cadet means an employee of the Maryland Transportation Authority Police or any other law enforcement agency that is authorized to enforce parking regulations on MPA property.

  (12) MdTA Police Port Detachment means personnel of the Maryland Transportation Authority Police or any other law enforcement agency that are specifically assigned to MPA property or Port facilities and that are authorized to enforce criminal laws and the regulations in this title.

  (13) Motor Vehicle.

    (a) “Motor vehicle”, except as otherwise used in these regulations, means a vehicle that is self-propelled, including all automobiles, whether or not privately owned.

    (b) “Motor vehicle” also includes multipurpose passenger vehicles, van pool vehicles, trucks, truck tractors, trailers, semitrailers, pole trailers, motorcycles, export or import cargo, and special mobile equipment.

    (c) “Motor vehicle” includes any vehicle qualifying as a motor vehicle which is subject to all the requirements of this chapter while being pulled or towed by another motor vehicle.

    (d) “Motor vehicle” does not include vehicles designed to operate only on rails or tracks.

  (14) “MPA” means the Maryland Port Administration.

  (15) “MPA property” means all property owned, leased, or operated by or under the control of the Maryland Port Administration.

  (16) “Permit” means:

    (a) The decal that is affixed to the vehicle windshield by the MPA Office of Security or designee;

    (b) The visitor or vendor vehicle pass, cargo gate pass or E-Pass generated by the MPA and verified by security personnel at the facility access control point; or

    (c) The 14-day pass issued by the MPA Office of Security or designee.

  (17) “Port facilities” means any one or more or combination of facilities and structures owned, leased, operated by, or under the control of the MPA, including:

    (a) Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, or equipment useful or designed for use in connection with the operation of a port;

    (b) Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;

    (c) Every kind of transportation facility useful or designed for use in connection with any of these.

  (18) Special Mobile Equipment.

    (a) “Special mobile equipment” means vehicles that are not used primarily for highway transportation of people or property, but which are operated or moved on a highway only as an incident to their non-highway use.

    (b) “Special mobile equipment” includes road construction or maintenance machines, mobile cranes, ditch diggers, well drillers, portable concrete mixers, job site vehicles, portable power generators, fork lift trucks, yard hustlers, straddle carriers, crew haulers, rubber tired gantries, and other vehicles used to move personnel around the terminals in connection with the movement of cargo in maritime commerce.

  (19) “Tenant” means a person who has been given authorization to use a facility for cargo handling purposes under a lease or other contract with MPA.

  (20) “Vehicle operator” means the person in actual physical control of a motor vehicle.

  (21) “Visitor or Vendor vehicle pass” means the document issued at the access control point by security personnel for single day access to a facility for a motor vehicle.

#### Regulation .03 Motor Vehicle Port Admission Permit.

*COMAR 11.05.03.03*

A. Permit Requirements.

  (1) 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.

  (2) Failure to display the decal or pass properly may result in the denial of access to MPA property.

  (3) Access to MPA property is subject to limitations and time frames specified by the MPA.

  (4) A motor vehicle specifically exempted by these regulations is not subject to permit requirements.

B. Types of Permits.

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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.

  (5) 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:

    (a) In the performance of official duties; or

    (b) For conducting business on any MPA facility.

C. Application Procedures.

  (1) Requirements for a Decal. A person desiring a decal under this regulation shall:

    (a) Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility;

    (b) Submit a completed permit application to the MPA Office of Security or designee on the form provided;

    (c) Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and

    (d) 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.

  (2) 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.

  (3) Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:

    (a) 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

    (b) 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.

  (4) 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.

D. Decision on Application for Decals.

  (1) A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.

  (2) If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.

  (3) If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.

  (4) An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. Display of Decals and Passes.

  (1) 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.

  (2) 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.

  (3) 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.

  (4) 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:

    (a) Does not display a decal or pass; or

    (b) Displays an expired decal or pass.

F. 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.

G. Termination of Decals and Passes.

  (1) Decals.

    (a) 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.

    (b) Decal termination occurs on the earliest of:

      (i) 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);

      (ii) The date the owner or operator voluntarily surrenders the permit;

      (iii) The date the MPA Office of Security or designee revokes or suspends the permit.

      (iv) The date ownership of the vehicle is transferred by the person who obtained the decal; or

      (v) Upon expiration of the Decal.

  (2) Visitor or Vendor Vehicles Passes.

    (a) 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.

    (b) 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.

  (3) 14-Day Passes.

    (a) The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass.

    (b) 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.

H. Notice of Changes in Conditions.

  (1) 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.

  (2) The following changes shall be reported:

    (a) New motor vehicle registration plate number;

    (b) Sale or other disposition of the motor vehicle;

    (c) Loss of or damage to the decal;

    (d) Change of regularly assigned place of employment;

    (e) Change of applicant's employer; or

    (f) Change in the home address of the owner of the motor vehicle.

I. 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.

#### Regulation .04 Motor Vehicle Operations.

*COMAR 11.05.03.04*

A. Maryland Vehicle Law.

  (1) Incorporation by Reference. All provisions of Transportation Article, Titles 11—27, Annotated Code of Maryland, are hereby incorporated by reference in these regulations.

  (2) Interpretation.

    (a) The portions of these regulations that are identical with or included by reference with corresponding portions of the Maryland Vehicle Law shall be interpreted and construed to make uniform these regulations, except that these regulations may supplement the Maryland Vehicle Law.

    (b) If these regulations conflict with the Maryland Vehicle Law and cannot be reconciled with the law as provided, the Maryland Vehicle Law prevails and controls.

    (c) The provisions of the Maryland Vehicle Law as incorporated in these regulations shall be interpreted as applying to the MPA in the following manner:

      (i) “Traffic control devices” shall be interpreted as referring to traffic control devices established by the MPA;

      (ii) “Markings, highways, and roadways” shall be interpreted as referring to markings, highways, and roadways or thoroughfares on MPA property, including shoulders, which are used for vehicular traffic;

      (iii) “MdTA Police” has the meaning stated in Regulation .02 of this chapter.

    (d) Other provisions of the Maryland Vehicle Law shall be read in the context of MPA property and these regulations.

B. Registration Requirements. A motor vehicle driven on MPA property shall be registered as required by the Maryland Vehicle Law and display valid Maryland Registration Plates. However, registration is not required for motor vehicles driven on MPA property when the motor vehicle is actually being driven incidental to its handling as import or export cargo.

C. Inspection Requirements.

  (1) An MdTA Police officer may require that a motor vehicle operating on MPA property meet the minimum standards set out in the Maryland Vehicle Law.

  (2) Failure to comply with the requirements of inspection after an owner or operator of a motor vehicle has been notified of an equipment repair order is grounds for revocation of a permit issued under these regulations.

D. Operating Requirements. An act or omission by the operator of a motor vehicle which would constitute a violation of the Maryland Vehicle Law if committed upon a public highway or other roadway, whether or not the motor vehicle is required to have a permit with the MPA, constitutes a violation of these regulations, and a citation as authorized by the Maryland Vehicle Law may be issued. The offense may not be cited as a violation of these regulations, but shall refer instead to the particular section of the Transportation Article which has been violated.

E. Facility Speed Limits.

  (1) The maximum allowable speed on MPA roadways is 30 miles per hour except as otherwise posted.

  (2) The maximum allowable speed at berth, shed, and cargo areas, or at any other area not designated as a roadway, is 10 miles per hour except as otherwise posted.

  (3) The maximum allowable speed on any non-posted MPA roadway is 15 miles per hour.

  (4) An individual may not drive a motor vehicle on MPA property in excess of the speed limit.

F. Defacing and Injuring Signs or Devices. A person may not deface, injure, move, or interfere with any sign, standard post, safety zone, semaphore, tower, automatic signal, or other traffic control device, or any part of one, or erase, or eradicate, obliterate, or otherwise render ineffective directions, lines, or marks painted or placed on the roadway or facility surface for the purpose of directing the flow of traffic or the parking of motor vehicles.

G. Accidents and Reporting.

  (1) Accidents. A vehicle operator involved in an accident with another motor vehicle or with a pedestrian shall stop the motor vehicle as close to the scene of the accident as possible without obstructing traffic, and immediately return to and remain at the scene of the accident until the vehicle operator has:

    (a) Rendered reasonable assistance to an individual injured in the accident;

    (b) Promptly reported the accident to the MdTA Police;

    (c) Given to the occupant or other individual attending any other motor vehicle involved in the accident and to the responding MdTA Police officer the:

      (i) Vehicle operator's name and address; and

      (ii) Permit number or other identifying information of the motor vehicle the vehicle operator is operating; and

    (d) Upon request, shown the vehicle operator's driver's license to the occupant or individual attending any other motor vehicle involved in the accident.

  (2) Collision with Unattended Motor Vehicles or Real or Personal Property. Any vehicle operator who collides with an unattended motor vehicle or with any real or personal property shall:

    (a) Stop;

    (b) Notify the MdTA Police;

    (c) Locate the operator or owner of the motor vehicle or property and notify him of the accident, giving him the name and address of both the vehicle operator and the owner of the motor vehicle striking the unattended vehicle or property.

  (3) Report. The operator or owner of the motor vehicle involved in an accident immediately shall notify the MdTA Police and remain at the scene until their arrival. A copy of any accident report form required to be filed under Transportation Article, Title 20, Annotated Code of Maryland, shall be filed with the MdTA Police.

H. Restrictions on Special Vehicles.

  (1) The operation of any two-wheeled motor vehicle or self-propelled vehicle on MPA property shall be approved in writing by the MPA Office of Security or designee.

  (2) Unlicensed motor vehicles approved for use on MPA property are prohibited from using public roadways unless authorized by the Maryland Motor Vehicle Administration.

  (3) Without advance written approval, bicycles and other self-propelled vehicles are prohibited on MPA terminals.

#### Regulation .05 Parking on MPA Property.

*COMAR 11.05.03.05*

A. Jurisdiction.

  (1) Except as provided in §A(2) of this regulation, the MPA has jurisdiction to enforce all parking regulations on MPA property.

  (2) The MPA may, by contract, limit the scope of its authority under this regulation in any area leased by the MPA.

B. Permitted Areas. Motor vehicles displaying valid port admission decals or passes may be parked only in those parking areas designated by the MPA and MdTA Police. A motor vehicle parked in an area not designated for parking or failing to display a proper permit is in violation of this chapter.

C. Restrictions.

  (1) Except when permitted by official signs, or when permitted by a member of the MdTA Police or required by a traffic control device, motor vehicles may not be parked, be permitted to stand, or be left unattended:

    (a) In front of, across, or blocking any driveway, gate, doorway, pier, berth apron, loading platform, handicapped ramp, or cargo handling area, or upon any berth;

    (b) Within 15 feet of any fire hydrant, standpipe, or sprinkler connection;

    (c) On any sidewalk or in any crosswalk;

    (d) Within 15 feet of any intersection, or within any intersection or any portion of the roadway, except where portions of a roadway may be designated for parking;

    (e) Within 20 feet of the driveway entrance to a shed or warehouse, or inside a shed;

    (f) Within 50 feet of the nearest rail or railroad, except on designated parking areas;

    (g) In an area where the curb is painted yellow or in an area where a prohibition is indicated by posting of other markings placed under the authority of the MPA;

    (h) On the roadway side of any motor vehicle stopped or parked at the edge of the roadway;

    (i) On the roadway where parking is otherwise permitted but where any part of the nearest side of the motor vehicle parked is in excess of 12 inches from the nearest curb, side, or edge of the roadway;

    (j) In such a way as to obstruct traffic;

    (k) In such a way as to cause or be likely to cause a hazard to the health or safety of individuals on MPA property;

    (l) In any designated handicapped parking space without displaying a handicapped registration plate or placard; or

    (m) In any other area where parking or leaving a vehicle standing or unattended is not specifically authorized.

  (2) Special mobile equipment is subject to the same parking restrictions as motor vehicles under §C(1) of this regulation, except when actually involved in loading or unloading cargoes.

  (3) Parking in Lined Areas. When parking or stopping a motor vehicle in any lined parking area, the motor vehicle may not occupy more than one lined space.

#### Regulation .06 Repealed.

*COMAR 11.05.03.06*

#### Regulation .07 Identification.

*COMAR 11.05.03.07*

An individual on or entering MPA property shall provide proof of identity at the request of an MdTA Police officer, and shall provide the:

A. Individual’s driver’s license and, at the discretion of the MdTA Police Officer, other official photo identification such as Transportation Worker Identification Credential (TWIC) or MPA Identification Card;

B. Individual's name and address;

C. Individual's current employer; and

D. Reason the individual seeks admittance to or is on MPA property.

#### Regulation .08 Search of Motor Vehicles.

*COMAR 11.05.03.08*

All motor vehicles, including the contents thereof, which enter, use, or are operated on MPA property are subject to reasonable search by an authorized member of the MdTA Police in accordance with the Constitution, laws, and regulations of the United States and the State of Maryland.

#### Regulation .09 Removal of Motor Vehicles.

*COMAR 11.05.03.09*

A. Records.

  (1) The MdTA Police shall keep accurate records of all removals of motor vehicles, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to ensure voluntary removals. Motor vehicles moved by the MdTA Police shall be handled in accordance with Transportation Article, Title 25, Annotated Code of Maryland.

  (2) A facility operator other than the MPA that removes a motor vehicle from a facility shall notify the MdTA Police of the:

    (a) Date and time of removal;

    (b) Description of the vehicle; and

    (c) Location to which the vehicle was removed.

B. The MdTA Police may remove a motor vehicle from a facility or to another part of the property if the MPA has jurisdiction under Regulation .05A of this chapter and the vehicle is:

  (1) Unattended near an occupied building or cargo area, within 10 feet of a perimeter fence, or in another area where the vehicle causes or is likely to cause a safety or security risk;

  (2) Illegally parked as to obstruct traffic;

  (3) Causing or likely to cause a hazard to the health or safety of individuals on MPA property;

  (4) Obstructing motor vehicle traffic;

  (5) Impeding the movement and handling of cargoes by its position; or

  (6) Abandoned on the facility property as provided in Transportation Article, §25-201, Annotated Code of Maryland.

#### Regulation .10 Orders of the MdTA Police.

*COMAR 11.05.03.10*

A person may not willfully fail or refuse to comply with any lawful order or direction of a member of the MdTA Police in connection with the enforcement of these regulations.

#### Regulation .11 Compliance with Regulations.

*COMAR 11.05.03.11*

Permission granted by the MPA to any person to enter or use MPA property constitutes an agreement by that person to comply with these regulations.

#### Regulation .12 Obligations of Employers.

*COMAR 11.05.03.12*

Any employer conducting business on MPA property who knowingly permits a motor vehicle owned by him or under his control to be operated by an employee who does not have a valid driver’s license is in violation of these regulations. However, an employer may not be issued a citation for permitting an unlicensed driver to drive cargo-handling equipment which does not require the operator to possess a valid license.

#### Regulation .13 Violations and Penalties.

*COMAR 11.05.03.13*

A. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter.

B. Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.

C. Penalties.

  (1) Any person who violates a parking regulation under this section is subject to a fine not to exceed $50. A violation of a parking regulation is not a misdemeanor.

  (2) Any person who violates any other regulation adopted under this chapter is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500.

#### Regulation .14 Penalties.

*COMAR 11.05.03.14*

A. Nonparking Offenses.

  (1) Citations for offenses other than parking violations are answerable in the Maryland District Court and are subject to the provisions of Transportation Article, Title 26, Annotated Code of Maryland, and the Maryland Rules of Procedure.

  (2) Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, Title 27, Annotated Code of Maryland.

  (3) Violations of Regulations .03, .07, and .10 of this chapter are punishable by a maximum fine of $500 and 60 days in jail.

B. Parking Offenses.

  (1) A parking violation is not a misdemeanor, and the maximum fine which may be imposed is $50.

  (2) Citations for violations of parking regulations are answerable as follows:

    (a) Uncontested Cases. If the person charged in a citation elects not to contest the violation cited, the person may close all proceedings by mailing a certified check or money order, payable to the Maryland Port Administration in the amount stated on the citation, to the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202. Payment of the fine in an uncontested case is considered a conviction.

    (b) Contested Cases.

      (i) A person receiving a citation for a parking violation may elect to stand trial for the offense charged by notifying by mail the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202, that the person intends to stand trial.

      (ii) This notice shall be given at least 5 days before the last date for voluntary payment as stated on the citation.

      (iii) If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request on the notice electing trial that the officer appear.

      (iv) If the officer's presence is not requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the matter set forth in the citation.

      (v) If a timely notice of election to stand trial is received, the MPA shall forward the notice and citation to the appropriate court, which shall schedule the trial and notify the person charged of the date and time set.

    (c) Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the rules of procedure adopted by the Chief Judge of District Court.

C. Suspension. Whenever two convictions of any person for violations of these regulations have been based upon citations charging any offense involving the operation or use or parking of a motor vehicle in such a manner as to endanger persons or property or to obstruct the free and efficient movement of cargoes, the police may request the person involved to show good cause why any permit connected with his name should not be suspended for a period of 60 days. If good cause, substantial hardship, or special mitigation is not shown, the 60-day suspension becomes effective upon the date of the suspension order.

D. Revocation or Refusal of Permit Privileges.

  (1) Permit privileges may be revoked or refused by the MPA Office of Security when:

    (a) In the sole discretion of the MPA Office of Security, the revocation or refusal is warranted in the interest of the safety or security of a port facility, or of persons or property thereon, or any vessel secured thereto;

    (b) The owner or operator of any motor vehicle issued a permit is convicted of two cited violations of these regulations within a 3-year period;

    (c) The owner or operator of any motor vehicle issued a permit is charged with any of the following violations:

      (i) A criminal violation involving the use or possession of a weapon;

      (ii) A criminal violation involving theft;

      (iii) Falsification of any information on the application for an identification badge or vehicle permit, or both;

      (iv) Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person; or

    (d) The owner or operator of any motor vehicle issued a permit is convicted of any of the following violations:

      (i) Failing or refusing to report any vehicle accident occurring on MPA property;

      (ii) Failing or refusing to comply with a lawful order or direction of a MdTA Police officer;

      (iii) Falsification of any information on the application for permit;

      (iv) Failure to comply with any requirements of the permit application;

      (v) Driving while intoxicated, ability impaired, or under the influence (Transportation Article, §21-902, Annotated Code of Maryland);

      (vi) Fleeing or eluding police;

      (vii) Operating while license is refused, suspended, or revoked;

      (viii) Any criminal violation involving theft;

      (ix) Any criminal violation involving the possession or use of any weapon;

      (x) Failing to respond to citations issued under these regulations; or

      (xi) Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person.

  (2) Within 15 calendar days after receipt of notification of revocation or refusal, a person may petition the MPA Office of Security for reconsideration of the revocation or refusal. Unless substantial hardship or special mitigation is shown, the permit shall be revoked or refused, and for a period of 1 year no further application for a permit made by that person, as owner or operator of any motor vehicle, will be favorably acted upon. The official records of the MVA, the State of Maryland Criminal Records Central Repository, the State of Maryland District and Circuit Courts, or the United States District Courts will suffice as evidence of convictions or violations under this chapter. This section does not bar the owners or operators of the vehicles for which the permits have been revoked or refused from entering the property of the MPA.

E. The procedures under this regulation shall be conducted in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

F. A decision rendered under this regulation shall be consistent with the purpose of these regulations as stated in Transportation Article, §6-211, Annotated Code of Maryland.