Chapter 02. Parking and Control of Vehicles on Maryland Transit Administration Property
Regulation .01 Scope.LinkCopy Citation
These regulations govern the parking and operation of motor vehicles on Maryland Transit Administration (MTA) property, the towing and impoundment of motor vehicles improperly parked or abandoned on MTA property, the removal and storage of unauthorized articles and pieces of equipment improperly placed or abandoned on MTA property, and the sale and final disposition by the MTA of motor vehicles, unauthorized articles, and pieces of equipment so impounded or removed.
Regulation .02 Intent.LinkCopy Citation
These regulations are intended to enable the MTA to regulate and control the flow and parking of motor vehicles by transit patrons upon MTA property, including bus and rapid transit sites. Improperly parked and abandoned motor vehicles, unauthorized articles, and pieces of equipment upon MTA property constitute a public nuisance contrary to the general health, safety, and welfare of the public, deny transit patrons the right to fully use the public transit service offered and made available by the MTA and, likewise, deny MTA employees the ability to preserve and maintain the orderly control and use of MTA facilities and prevent congestion and traffic hazards.
Regulation .03 Application.LinkCopy Citation
These regulations apply to all motor vehicles, unauthorized articles, and pieces of equipment on MTA property.
Regulation .04 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abandoned” means a motor vehicle, trailer, semitrailer, unauthorized article, or piece of equipment that:
(a)
Is inoperable and left unattended on MTA property for more than 48 hours; (b) Has remained illegally on MTA property for more than 48 hours; or
(b)
Has remained illegally on MTA property for more than 48 hours; or
(c)
Has remained on MTA property for more than 48 hours, and is:
(i)
Not displaying currently valid registration plates, or
(ii)
Displaying registration plates of another vehicle.
(2)
“Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to the Transportation Article, §7-201, Annotated Code of Maryland.
(3)
“Administrator” means the Maryland Transit Administrator, whose office is established pursuant to the Transportation Article, §7-202, Annotated Code of Maryland.
(4)
“Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.
(5)
“Bus” means a motor vehicle that is designed to carry more than 10 passengers and is used to carry people, is operated by the MTA on a fixed route and predetermined schedule or under charter service, or is operated by an authorized private carrier.
(6)
“Department” means the Maryland Department of Transportation.
(7)
“Disabled parking areas” means those designated parking areas on MTA property upon which MTA transit patrons may park motor vehicles bearing either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
(8)
“Kiss-and-ride parking lot” means a designated parking area on MTA property upon which MTA transit patrons may be discharged from or picked up as passengers in a motor vehicle during the posted hours of MTA transit operations.
(9)
“Law enforcement officer” means any person vested with a police power of arrest under federal, State, county or city authority, and identifiable by uniform, badge, or other evidence of authority.
(10)
“Motor vehicle” means any device in, on, or by which a person or property is or might be transported on or towed upon land and includes vehicles towed by another motor vehicle.
(11)
“Motor Vehicle Administration” means the Motor Vehicle Administration of the Department of Transportation, established pursuant to the Transportation Article, §12-101, Annotated Code of Maryland.
(12)
“MTA” means the Maryland Transit Administration.
(13)
“MTA property” means all property owned, leased, or operated by or under the control of the Maryland Transit Administration.
(14)
“Operator” means a person who is in actual physical control of a motor vehicle.
(15)
“Owner” means a person who holds the legal title to a motor vehicle, including a secured party indicated on the motor vehicle title.
(16)
“Park and ride lot” means a designated parking area on MTA property upon which MTA transit patrons may park their motor vehicles unattended in designated areas, stalls, or bays during hours of MTA operations.
(17)
“Parking” means the standing or parking of a motor vehicle, attended or unattended, upon MTA property.
(18)
“Parking lot” means any designated parking area on MTA property, such as employee and public areas.
(19)
“Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee or other representative of them.
(20)
“Road” means any roadway on MTA property.
(21)
“State” means the State of Maryland.
(22)
“Transit patron” means a person upon MTA property for the purpose of using the MTA's public transportation services available at that site.
Regulation .05 General Parking Regulations.LinkCopy Citation
A.
The control of all motor vehicular traffic on MTA property shall be governed by this chapter.
B.
Unless otherwise authorized, a person may not operate, park, or bring a motor vehicle on MTA property unless that person is a transit patron, intends to pick up or discharge a transit patron, or is on MTA property for purposes directly related to the business of the Administration.
C.
A person may not abandon a motor vehicle, unauthorized article, or piece of equipment on MTA property.
D.
A person may not operate a motor vehicle on MTA property in a careless, reckless, or negligent manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.
E.
Parking of motor vehicles is prohibited on all MTA property and roads, except in specifically posted and designated areas and during the hours of MTA transit operations.
F.
A person may not park or place a motor vehicle or other article or piece of equipment on MTA property so as to interfere with or prevent the passage or movement of buses or emergency or other motor vehicles.
G.
A person operating a motor vehicle on MTA property shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal.
H.
A person may not drive a motor vehicle on MTA property without a valid driver's license issued by the State or by the jurisdiction where this person resides, if other than Maryland.
I.
The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of this chapter.
J.
A person may not operate a motor vehicle, other than a police or emergency vehicle, upon MTA property at a speed exceeding 15 miles per hour.
K.
A person may not park a motor vehicle upon MTA property within 15 feet of a fire hydrant or other fire control apparatus.
L.
Unless otherwise authorized, a person may not load or unload a motor vehicle upon MTA property in violation of any posted fire or other traffic sign or regulation or in such a manner as to obstruct the movement of vehicular or pedestrian traffic.
M.
A motor vehicle shall be parked in one space only within a designated posted parking area and within the marked space or stall. Each motor vehicle operator shall leave clear access to adjacent spaces and may not block driving lanes or roads or create a hazard to other motor vehicle operators.
N.
A person may not park any motor vehicle in any marked pedestrian crosswalk.
O.
A person may not drive a motor vehicle onto an area of MTA property which has been closed by the use of barricades or other traffic control devices.
P.
A person may not wash, clean, polish, repair, maintain, or overhaul a motor vehicle on MTA property, except for repairs necessary to remove the motor vehicle from the MTA property.
Q.
A motor vehicle or other article or piece of equipment that is parked or placed on MTA property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with MTA operations or emergencies, may be towed or removed to a location chosen by the MTA or MTA's designee.
R.
Parking in MTA designated disabled parking areas is restricted to MTA patrons whose motor vehicles bear either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
S.
Parking in areas adjacent to yellow painted curbs or in any other areas with posted restrictions is prohibited.
T.
A person may not abandon a vehicle or article on MTA property.
Regulation .06 Taxicabs.LinkCopy Citation
A.
A person operating a taxicab on MTA property may not block or interfere with the free passage of pedestrians or vehicular traffic on or about MTA property.
B.
A person may not operate a taxicab on MTA property unless the person prominently displays within the taxicab a taxicab driver-identification permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned telephone number, and the driver's identification number.
C.
Taxicabs shall stand or wait only in posted taxicab areas on MTA property.
Regulation .07 Motor Vehicles Prohibited by Type, Weight, or Size.LinkCopy Citation
Except for persons having business directly related to the Administration, or unless otherwise authorized, a person may not park or otherwise place any of the following type vehicles upon MTA parking lots:
A.
A trailer or towed vehicle;
B.
A truck having a manufacturer's rated carrying capacity greater than 1 ton;
C.
A vehicle with a gross weight greater than 8,000 pounds;
D.
A vehicle having an overall length more than 20 feet including any load on it;
E.
A vehicle wider than 8 feet;
F.
A bus.
Regulation .08 Uses Prohibited.LinkCopy Citation
Unless otherwise authorized, a person may not cause or permit MTA property to be used for any of the following purposes:
A.
The storage of refuse containers associated with the use of an adjacent property;
B.
Vehicular access to adjacent property;
C.
The staging of vehicles, equipment, or materials for construction, maintenance, or repair work on adjacent property;
D.
The storage of equipment or materials of any kind;
E.
The performance of any service, maintenance, or repair on any motor vehicle parked on the MTA property except for emergency service and repairs necessary for the removal of an inoperable motor vehicle.
F.
Parking or storing any motor vehicle in the custody of the management of a garage, repair shop, service facility, or new or used car dealer;
G.
Loading or unloading commercial vehicles;
H.
Causing, allowing, or conducting student driver training classes or instructions;
Regulation .09 Motor Vehicle Accidents.LinkCopy Citation
A.
A motor vehicle operator or pedestrian who is involved in an accident on MTA property resulting in injury to any person or damage to any property, shall, if physically able, do the following:
(1)
Stop the motor vehicle at the scene of the accident or as close as possible to it without obstructing traffic more than necessary;
(2)
Notify an MTA law enforcement officer;
(3)
Return to and remain at the scene of the accident until after giving a full report of same to that law enforcement officer, if requested;
(4)
Upon request, and if physically able, exhibit to that law enforcement officer any permit, license, registration, or other document relevant to this accident or the persons or property involved.
B.
A motor vehicle operator or pedestrian who is involved in an accident on MTA property as defined in §A of this regulation, and the owner of the motor vehicle if other than the operator, shall, if physically able, make a full written report of this accident to the MTA law enforcement officer within 24 hours after the accident, and shall include, if known, the names and addresses of the persons involved, the description of the property and vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident.
Regulation .10 Towing, Impoundment, and Sale.LinkCopy Citation
A.
The MTA police department or its designee may take into custody any abandoned motor vehicle, unauthorized article, or any vehicle or piece of equipment parked or placed in violation of this chapter, abandoned or otherwise parked or placed so as to constitute a hazard to public safety, or so parked, stopped, or standing so as to impede or obstruct the normal movement of vehicular or pedestrian traffic on MTA property. For this purpose, the MTA police may use its own personnel, equipment, and facilities, or use those of its designee, for removing, preserving, and storing abandoned vehicles. There may not be any liability attached to the Administration for any losses or damages resulting from these actions.
B.
As soon as reasonably possible and within 7 days at most after the MTA police department takes an abandoned vehicle into custody, the MTA police shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(1)
The last known registered owner of the vehicle; and
(2)
Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.
C.
The notice shall:
(1)
State that the abandoned vehicle has been taken into custody and give the name, address, and telephone number of the MTA representative providing the notice;
(2)
Describe the motor vehicle, unauthorized article, or piece of equipment as applicable, including year, model, and vehicle identification number of the vehicle;
(3)
Give the location of the facility where the vehicle is held;
(4)
State the authority and reason for the removal, towing, and storage of the motor vehicle, unauthorized article, or piece of equipment;
(5)
In areas outside of Baltimore City, inform the owner and secured party of the owner's or secured party's right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon presentation of proof of identity and ownership, and upon signing a receipt for the motor vehicle, unauthorized article, or piece of equipment;
(6)
In Baltimore City and Montgomery County, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner's and secured party's right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and
(7)
State that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided is a:
(a)
Waiver by the owner or secured party of the owner's or secured party's right, title, and interest in the vehicle, and
(b)
Consent to the sale of the vehicle at public auction.
D.
In Baltimore City, Prince George's County, and Montgomery County, the MTA police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland. If the MTA police department or its designee seeks to apply the provisions of Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland, the notice required by §B of this regulation shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause:
(1)
Continuing liability of the owner for costs of:
(a)
Impoundment,
(b)
Storage within the chargeable limit for storage as provided in Transportation Article, §25-206.1(b), Annotated Code of Maryland, and
(c)
Sale of the vehicle; and
(2)
Denial of an application by the owner to renew the registration of a vehicle as required by Transportation Article, §25-206.2, Annotated Code of Maryland.
E.
When Owner's Identity is Uncertain.
(1)
This section applies if:
(a)
The identity of the last registered owner of an abandoned vehicle cannot be determined;
(b)
The registration of the vehicle gives no address for the owner;
(c)
It is impossible to determine with reasonable certainty the identity and address of each secured party; or
(d)
The certified mail notice required by §B of this regulation is returned as undeliverable.
(2)
Under one of the conditions enumerated in §E(1) of this regulation, the MTA police department, on taking an abandoned vehicle into custody, shall give the required notice by publication in at least one newspaper of general circulation in the area where the abandoned vehicle was found. The notice by publication:
(a)
May contain multiple listings of abandoned vehicles;
(b)
Shall contain the information required in §B of this regulation;
(c)
Shall be published within 15 days of the taking into custody of the vehicle or, if the notice by publication is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United Postal Service, within 7 days of the return of that prior notice.
F.
Failure to Reclaim.
(1)
In areas outside of Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle or an impounded motor vehicle, unauthorized article, or piece of equipment within 3 weeks after notice is given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the item and to have consented to the sale of the vehicle at public auction, and the item shall be so sold.
(2)
In Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the item shall be sold.
G.
The liability of an owner or a transferrer for costs of preservation and storage shall be the same as is set forth in Transportation Article, §25-206.1, Annotated Code of Maryland.
H.
If an abandoned vehicle is not reclaimed as provided in this regulation, the MTA police department or its designee shall sell the vehicle at auction. The buyer of the vehicle at auction:
(1)
Takes title to the vehicle free and clear of any claim of ownership or lien;
(2)
Is entitled to a sales receipt from the MTA police department which constitutes sufficient title for transferring the vehicle to a scrap processor for dismantling, destroying, or scrapping, in which case a certificate of title is not required; and
(3)
Is entitled to obtain a certificate of title of the vehicle and register it in the buyer's own name:
I.
Except as otherwise provided in this regulation;
(1)
From the proceeds of the sale of an abandoned vehicle, the MTA police department shall reimburse itself or its designee for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this regulation; and
(2)
Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to the Treasury of the State.
Regulation .11 Exceptions.LinkCopy Citation
This chapter does not apply to motor vehicles, articles, or pieces or equipment of the Maryland Transit Administration, its contractors or subcontractors, or other agencies of the State or to police or emergency vehicles.
Regulation .12 Administration and Penalties.LinkCopy Citation
A.
MTA law enforcement officers and their designees are authorized to issue citations and carry out towing and impoundment procedures for violation of this chapter.
B.
Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, as amended from time to time, is incorporated by reference.
C.
Citations issued under this chapter shall contain sufficient information to enable the person receiving a citation or citations to either to pay for the parking violation or stand trial.
D.
Penalties for parking violations are as follows:
(1)
Obstructing bus or emergency vehicle movement $50;
(2)
Parking within 15 feet of a fire hydrant or other fire control apparatus $50;
(3)
Parking in more than one designated space $25;
(4)
Obstructing other parked vehicles $40;
(5)
Parking in a pedestrian crosswalk $40;
(6)
Unauthorized occupation of parking spaces for the disabled $40;
(7)
Parking in violation of posted restrictions $25.
Chapter annotations
Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)
History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)
History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)
History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)
History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)
History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)
History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)
History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)
History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)
History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)
History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)