Title 11 — Subtitle 07. Maryland Transportation Authority

The following classes of hazardous materials are defined in the United States Department of Transportation Regulations, 49 CFR 173, which is incorporated by reference:

Terms Defined.

The U.S. Department of Transportation Regulations, 49 CFR §§171—177, 397, and any revisions, U.S. Nuclear Regulatory Commission Regulations, 10 CFR 73, and any additional federal regulations affecting the transportation of hazardous materials by motor carriers on highways are incorporated by reference into these regulations.

A vehicle loaded with any hazardous material or a tank vehicle which last contained a hazardous material may not be allowed on or in any Authority property unless it conforms to these regulations and other regulations regarding the use of Authority property.

Maryland Transportation Authority employees shall have the right to inspect the cargo or shipping papers of any vehicle to ascertain if it complies with all State and federal regulations relating to the transportation of hazardous materials.

For purposes of initiating an inspection under §C of this regulation, a vehicle displaying the hazardous material identification number 1203 on a “Flammable” placard is presumed to be transporting the hazardous material with the lowest flashpoint which legally can be transported under that identification number.

All standards and requirements imposed by COMAR 26.13.04, which is incorporated by reference, shall be enforced.

Alternative-fuel vehicles powered by liquefied petroleum gas (LPG), liquefied natural gas (LNG), or compressed natural gas (CNG) shall be permitted to use the Baltimore Harbor Tunnel and the Fort McHenry Tunnel, if the:

Alternative-fuel vehicles shall display all markings and symbols required by law or regulation to identify the alternative-fuel system.

This regulation does not apply to fuel contained in the fuel system of the transporting vehicle, or in the fuel systems of vehicles and equipment being towed or carried.

Flames used for heating vehicles or loads shall be extinguished before the vehicle enters any tunnel or its approaches.

The following classes of hazardous materials are prohibited from being transported through any tunnel or its approaches, as indicated:

Tank vehicles which are empty, or which have a residue of not more than 50 gallons, or vehicles transporting empty containers are prohibited from entering any tunnel if they previously transported a prohibited hazardous material, with the following exceptions:

Tank vehicles used to transport Class 3 flammable liquids, even if empty, are prohibited from entering any tunnel.

Notwithstanding the restrictions in §§A—E of this regulation, vehicles transporting hazardous materials prohibited from entering any tunnel may use:

Vehicles transporting the following radioactive materials are exempt from the requirements in §B of this regulation:

A vehicle may not enter upon any Authority property if its load includes any Class 1 explosives or any radioactive materials except under the following conditions:

A person who desires to transport through an Authority property tunnel a material prohibited by these regulations may apply for an exemption permit. Permits may be granted in the discretion of the Maryland Transportation Authority subject to the following conditions:

The Maryland Transportation Authority's decision issuing or denying a permit is final.

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

Terms Defined.

Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only.

Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway in a northbound direction, but shall exit at the Child Street exit ramp, subject to the following conditions:

In these regulations, the following terms have the meanings indicated.

Terms Defined.

These regulations govern the application for, and issuance of, permits to towing service companies that provide towing, road service, and storage of vehicles on a 7-day-per-week, 24-hour-per-day basis for disabled vehicles, impounded vehicles, improperly parked vehicles, or unattended vehicles on Authority property.

The Authority may, in the public interest, waive all or a portion of these regulations dealing with equipment or other requirements for permits based on the nonavailability of towing service companies that qualify under these regulations in a given area.

A towing service company may not provide towing, road service, or storage of disabled or impounded vehicles on or from Authority property unless the towing service company has been granted a permit under these regulations.

At least every 5 years, the Authority shall publish on its website and through eMaryland Marketplace a notice of the open application period to apply for a permit under these regulations.

Upon such notice, a towing service company shall file an application for a permit with the Maryland Transportation Authority Police in order to obtain a permit to provide towing, road service, and storage of vehicles on Authority property.

Applications shall be made on a form provided by the Authority, and shall include:

The term of each permit is 5 years, and may be renewed in accordance with these regulations.

Each permittee is subject to an annual inspection by the Authority or its agent, which shall include inspection of both the equipment and the premises of the permittee for compliance with the requirements of these regulations. If the permittee fails to pass the inspection, the permit may be suspended or revoked.

Application for Permit.

The Chief of Police or the Chief's designee may, from time to time, delineate the towing permit zones on Authority property. The zones may be published on the Authority's website, and a copy will be made available upon request.

The Authority reserves the right to establish additional zones or subzones as it considers appropriate to promote safety, efficiency, economy, and service to the public.

A permittee shall comply with the following requirements in order to apply for and maintain a permit under these regulations.

A towing service company shall have at least 2 years experience in providing towing services and heavy recovery on a commercial basis.

Equipment.

Registration. Each tow truck owned or leased by a permittee shall be properly registered with the Motor Vehicle Administration as a Class T vehicle, and at all times shall display the distinctive registration plate authorized by the Motor Vehicle Administration.

Equipment Operators.

Facilities. A permittee shall have available on its premises the following facilities for use by the motorists of disabled vehicles:

Stored vehicles may only be claimed during normal business hours, unless alternative arrangements are made at least 24 hours in advance.

Upon receipt of an application for a permit, the Chief of Police or the Chief's designee may compile and review the required documentation and may conduct on-site inspections, check appropriate business records, and conduct necessary interviews to verify whether the applicant meets the minimum basic requirements identified in Regulations .07 and .08 of this chapter and is otherwise qualified for a permit.

If an applicant is determined to be qualified, the Chief of Police or the Chief designee may issue a written permit to the applicant, along with a list of approved rates as described in Regulation .15 of this chapter.

If more than one permit is issued for any Authority property or zone, the Maryland Transportation Authority Police and the permittees shall establish a rotation system, subzones, or other system to ensure that the permittees receive fair and equitable distribution of towing and road service calls.

If an applicant does not provide a completed application to the Authority or does not meet the minimum basic requirements identified in Regulations .07 and .08 of this chapter, the Chief of Police or the Chief's designee may deny the applicant's permit application, and shall advise the applicant in writing of the reasons why the application is denied. A determination to deny an application based on this section may not be appealed. An applicant may attempt to correct any deficiencies prior to the permit application closing date.

If an applicant meets the basic requirements in Regulations .07 and .08 of this chapter, but is determined to be unqualified based on other factors, including but not limited to inadequate prior performance, violations of law, or these regulations, the Chief of Police or the Chief's designee shall advise the applicant in writing of the reasons the applicant is found unqualified and the permit application is denied. A determination of nonqualification and denial of a permit under this section may be appealed in accordance with Regulation .24 of this chapter.

The Authority shall allow access onto Authority property to the extent necessary for a permittee to perform services permitted under these regulations. Tolls for a permittee's use of Authority property in connection with services performed under a permit may not be waived. The permittee may recover from the motorist of the towed vehicle the actual cost of the tolls charged for use of Authority property.

Unless otherwise required by any rule or regulation, a permittee shall comply strictly with the following provisions:

This regulation does not apply if an owner or operator of a vehicle requests a specific towing service company or road service organization, regardless of that entity's ability to qualify under these regulations. The Authority may honor the request if the vehicle is safely on the shoulder of the road and is not impeding traffic flow, unless:

When there is a disabled vehicle, impounded vehicle, improperly parked vehicle, or unattended vehicle on Authority property, the police shall request their Police Communications Center to contact the permittee for that Authority property or zone to provide towing or repair services, as required.

Towing or repair service requests shall be sent by the Police Communications Center by telephone to the permittee for the Authority property or zone in which the vehicle requiring service is located. Requests shall include:

In the event of specialized recovery requirements that cannot be met within a reasonable period by a permittee for an Authority property or zone of the Authority, the Police Communications Center shall call the nearest permittee which can provide the specialized equipment.

In the event of an accident involving multiple disabled vehicles, the permittee for that property or zone shall be advised of the number of vehicles requiring towing, and shall be given the opportunity to remove all of the vehicles if the permittee has, or can obtain, sufficient equipment to accomplish removal within a reasonable time. If a permittee lacks the equipment to handle multiple removals in a timely fashion, the Police Communications Center shall contact other permittees to assist in vehicle removals.

A police communications center shall maintain logs and records of towing service requests and responses.

Requests for towing or repair services may be cancelled by the police at any time. Neither the Authority, nor the police are responsible in any way for any costs incurred by a permittee in response to a request that is cancelled, or when a service is not rendered.

A permittee shall respond only to requests made by the police for towing or road service on Authority property. In the event of a call or request for towing or road service by someone other than a police communications center, the permittee shall first clear the call with the police communications center before proceeding to the scene.

A permittee shall have one daytime and one nighttime toll-free telephone number to receive requests for towing or road service. Answering services or beepers may not be used.

A permittee or its employee or employees shall be available on a 7-day-per-week, 24-hour-per-day basis to provide towing, road service, and storage of vehicles.

A permittee or its employee or employees shall be available during the permittee's normal business hours for the purpose of releasing a vehicle being stored at the permittee's storage space, when the owner or custodian of the vehicle claims the vehicle.

A permittee or its employee or employees shall be responsible for payment of all tolls, including the vehicle performing the tow and vehicles being towed.

Permittee's Responsibility to Respond.

The permittee shall ensure that all its operations conform to all applicable laws and regulations.

In performing its services, a permittee shall take precautions to prevent interference with traffic on Authority property.

A permittee may refer certain types of towing or road service requests (that is, specialized towing, truck tire repair, etc.) to other companies or businesses allowed to perform these services under the permittee's permit. Before making a referral, the permittee shall obtain written permission from the Chief of Police or the Chief's designee authorizing these referrals to specific companies or businesses. Referred companies or businesses are required to comply with all of the applicable terms and conditions of these regulations and the referring permittee's permit.

An equipment operator shall:

A permittee and the permittee's equipment operator or operators may not discriminate in any manner against any person because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap.

If the operator or owner of a disabled vehicle is absent or unable to give instructions for the disposition of the disabled vehicle, or in the case of an unattended vehicle, the police shall impound the vehicle and direct a permittee to remove the vehicle from Authority property and tow it to the permittee's vehicle storage facility. The police shall provide the permittee with the name and address of the registered owner of the vehicle.

If a vehicle becomes an abandoned vehicle, the police shall provide the notices required by Transportation Article, §25-204, Annotated Code of Maryland.

Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.

If a vehicle is impounded by the police, the permittee shall tow and store the vehicle as directed by the police.

A permittee may not release an impounded vehicle and any personal property contained within it to its owner or other legally authorized claimant unless the law enforcement agency that impounded the vehicle authorizes the release in writing. The permittee shall be authorized to recover the costs of towing and storage from the owner or other legally authorized claimant before releasing the impounded vehicle and personal property.

If an impounded vehicle becomes an abandoned vehicle, the police may dispose of the vehicle in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.

The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee for services rendered in connection with a permit issued under these regulations. A permittee may not charge more than the maximum amount established for such services, regardless of whether the permittee provides and performs its services on Authority property or at any other place.

The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee to perform and provide the following services:

Miscellaneous Charges.

The Chief of Police or the Chief's designee may, from time to time, increase the maximum charges for services set in accordance with these regulations.

Exceptions.

The operator or owner of a vehicle for which a permittee provides any services under these regulations is responsible for any charge imposed for those services. Neither the Authority nor the State is responsible or liable for any cost associated with services performed by a permittee.

A permittee shall accept all reasonable forms of payment from the owner or operator of a vehicle for whom the permittee has performed a service in accordance with these regulations. A reasonable form of payment includes:

Personal checks may be accepted at the permittee's discretion.

A permittee shall make three copies of a serially numbered statement of charges for each transaction of services performed in accordance with these regulations. One copy shall be provided to the operator or owner of the vehicle for whom the service was performed, one copy shall be provided to the Chief of Police or the Chief's designee within a week after the service has been completed, and one copy shall be retained by the permittee for its records.

Each copy of the statement of charges shall clearly and legibly show the following information:

The method of billing set forth in this regulation applies to all services that are covered under these regulations, including services performed on a vehicle after it has been towed to a permittee's place of business or garage from Authority property.

A permittee shall make available all of its records for inspection by designated representatives of the Authority at all reasonable times. During an inspection by the Authority's representatives, a permittee shall furnish any record, report, or tabulation of services performed on a vehicle pursuant to a permit, as may be required by the inspectors.

Within 10 days from the issuance of a permit by the Authority, a permittee shall furnish and maintain with the Chief of Police or the Chief's designee continuing evidence that the permittee has public liability and property damage insurance, as described in this regulation, with an insurance company or companies licensed to do business in the State.

The insurance carried by a permittee shall protect the permittee, the Authority, and the State from claims for damages for bodily injury, including death, and for damages to property caused by an act or omission by a permittee or any of the permittee's employees, agents, or representatives in connection with the performance of services under these regulations. The insurance policy shall require that the insurer notify the Chief of Police in writing at least 30 days prior to the effective date of any expiration or cancellation of the policy. A certificate of insurance shall be provided to the Chief of Police or the Chief's designee within 10 days of issuance of the permit.

The insurance carried by a permittee shall be in the following amounts:

The following actions are prohibited:

The police may issue citations to enforce these regulations.

The Chief of Police or the Chief's designee may warn a permittee, or suspend or revoke a permit in accordance with this regulation when:

Letter of Warning.

Suspension of Permit.

Revocation of Permit.

A permittee whose permit is suspended, revoked, or denied pursuant to Regulation .09E of this chapter may appeal the suspension or revocation to the Executive Director of the Authority within 7 calendar days of receipt of the written notice of the suspension, revocation, or denial.

The permittee shall submit in writing the reasons why the suspension, revocation, or denial was improper.

The Executive Director or the Executive Director’s designee shall review the permittee’s written appeal and shall set a date to conduct a contested case hearing. The Executive Director may delegate the authority to conduct the contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.

The Executive Director or the Executive Director’s designee shall render a final agency decision in writing.

A party to the contested case may appeal an adverse decision as permitted by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.

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

Terms Defined.

The general public is invited to attend and observe any open session of the Authority.

Except in instances when the Authority expressly invited public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

An individual attending an open session of the Authority may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.

The presiding officer may:

A member of the public, including any representative of the news media, may:

A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used:

The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.

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

Terms Defined.

The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.

The Executive Director may set or adjust the time of day pricing mileage rate, pricing period, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.

The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.

The Authority may, in accordance with §A of this regulation, establish a toll rate range with respect to the dynamic pricing mileage rate for any variably priced toll facility with dynamic pricing. A toll rate range established by the Authority in accordance with §A of this regulation may distinguish among classes of users and may be automatically adjusted from time to time according to an index, escalation factor identified by the Authority, or any combination, at the time such toll rate range is established.

The Executive Director may set or adjust the soft rate cap, operational metrics, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.

The Authority or a toll facility operator may utilize a tolling algorithm to set a dynamic pricing mileage rate in real time or in established time increments. If a soft rate cap is established, the dynamic pricing mileage rate shall be at or below the soft rate cap when operational metrics are being met. If operational metrics are not being met, the dynamic pricing mileage rate may exceed the soft rate cap but shall still remain at or below the maximum rate allowed by the toll rate range.

Establish a Maryland Transportation Authority Public-Private Partnership Program (Program) to enhance the State’s transportation systems, assets, functions, and infrastructure; and

Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Authority’s Program.

In accordance with State Finance and Procurement Article, §10A-101(g)(3), Annotated Code of Maryland, the Authority is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.

Within the Authority, the Executive Director shall be responsible for administering the Program.

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

Terms Defined.

The Steering Committee is established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program, including, but not limited to, the following:

The Steering Committee shall be composed of Authority and other State employees as identified by the Executive Director.

The Steering Committee shall be chaired by an Authority employee who is identified by the Executive Director and referred to as the Steering Committee chair.

Public-private partnership concepts and opportunities will be identified within the Authority and through other State, regional, local, and municipal processes.

Unsolicited Proposals to the Authority.

The purpose of screening is to assist the Authority in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.

The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.

Two-Phase Screening Process.

Presolicitation Report Development.

The Authority may not issue a public notice of solicitation for a public-private partnership until:

General.

Solicitations Relating to Concepts Described in Unsolicited Proposals.

Multistep Solicitation Process.

Reimbursement.

Reservation of Rights.

Evaluation of Submitted Responses.

The processes for evaluating submitted responses to requests for qualifications and for evaluating submitted proposals will be described and submitted to the Board of Public Works as part of the presolicitation process the Board of Public Works is being asked to approve.

The Executive Director shall establish one or more evaluation committees on a case-by-case basis that may:

Best and Final Offers.

After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Chairman and members of the Authority, the Executive Director may enter into negotiations with that private entity.

The Executive Director may determine that negotiations be completed by a negotiations committee either composed of members of the evaluation committees or established separately from the evaluation committee that may:

The Authority, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:

After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Chairman and members of the Authority for review and approval.

After the Chairman and members of the Authority provide approval of the best value private entity, the Authority shall:

Final Agreement Review.

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

Terms Defined.

A person who applies to establish an E-ZPass account with the Authority shall complete an online, voice, or written application, or register a retail-purchased transponder, and provide the requested information to the Authority.

The Authority may, in its discretion, deny the E-ZPass application of a person for prior toll violations, in Maryland or any other state; prior speed violations; or for other reasons related to the use of electronic toll collection.

A person establishing an E-ZPass account shall agree to comply with the Agreement.

A person establishing an E-ZPass account shall purchase at least one transponder or have a pre-owned Maryland transponder.

Any payment to an E-ZPass account shall be made by any approved payment method in accordance with the Agreement.

E-ZPass Accounts.

An E-ZPass account holder acknowledges and agrees to comply with the Agreement when opening an E-ZPass account.

Discount Toll Programs.

An E-ZPass account holder shall maintain sufficient funds within the E-ZPass account in accordance with the Agreement.

If at any time an E-ZPass account balance is insufficient to pay tolls due, an E-ZPass account holder remains liable for the toll and the Authority shall:

An E-ZPass account holder remains responsible for updating account information with the Authority in accordance with the Agreement. Failure to keep the E-ZPass account information current does not relieve the account holder of liability for tolls due.

The use of the transponder is transferable between vehicles listed on an E-ZPass account.

Speed Violations — Procedures.

The Authority may suspend or terminate an E-ZPass account holder's privileges for violation of electronic toll collection laws, this chapter, or the Agreement.

The Authority may terminate an E-ZPass account for inactivity, with no tolls posted or funds added to the account for at least 24 months.

The Authority shall notify an E-ZPass account holder as soon as practicable of a suspension or termination of E-ZPass account privileges.

If E-ZPass account privileges are suspended or terminated, the Authority shall return to an E-ZPass account holder within 60 days any unencumbered funds more than $3.50 remaining in an E-ZPass account. Unused discount toll program trips remaining on an E-ZPass account may not be refunded or credited.

The Authority may use the recorded image of a motor vehicle passing through a Maryland toll collection facility to determine liability for tolls due.

Pay-By-Plate.

Video Toll Early Payment Discount. The Authority may establish a discount for video toll transactions paid prior to the mailing of the NOTD.

Notice of Toll Due (NOTD).

Transfer of Liability.

Installment Plans.

Citation.

Final Toll Violation.

Notice of Referral to the MVA for Refusal.

Notice of Referral to the MVA for Suspension.

Final Notice — Referral to the CCU.

Waiver of Tolls and Civil Penalties.

General Provisions. The Authority shall enforce this chapter in accordance with law and may charge fees related to the collection of unpaid tolls.

Fees established by the Authority are as follows:

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

Terms Defined.

This chapter governs the removal of disabled, impounded, improperly parked, or unattended vehicles on Authority property by towing service companies holding permits under COMAR 11.07.03, and the charges that may be imposed. These regulations do not limit the ability of the Authority to remove vehicles in accordance with COMAR 11.07.10.05.

The Authority may, in the public interest, waive all or a portion of these regulations at the discretion of the Chief of Police or the Chief's designee.

Any disabled, unattended, improperly parked, or impounded vehicle on any Authority property may be towed.

A vehicle shall be towed only upon direction from the police.

A vehicle shall be towed by a towing service company holding a permit under COMAR 11.07.03 to that company's vehicle storage facility.

A vehicle that is parked on Authority property, other than within designated parking areas, that is not occupied or attended shall be identified and tagged by police.

If a tagged vehicle remains on Authority property for 12 or more hours the vehicle shall be designated by the police as an unattended vehicle.

The police shall impound the vehicle that has been designated by the police as an unattended vehicle and direct a towing service company holding a permit under COMAR 11.07.03 to remove the vehicle from Authority property. The police shall provide the towing service company with the name and address of the registered owner of the vehicle.

The owner or operator of a vehicle that is towed from Authority property is responsible for any charges imposed by a towing service company for towing and storing the vehicle.

The rates to be charged for towing and storing a vehicle are the rates established by the Authority under COMAR 11.07.03.15 for towing service companies.

Neither the Authority nor the State is responsible for the payment of any charges imposed by a towing service company for towing and storing any vehicle. Nothing in this regulation limits rights otherwise provided by law under Transportation Article, §26-306, Annotated Code of Maryland.

If a vehicle becomes an abandoned vehicle, the police that directed the removal of the vehicle shall provide the notice required by Transportation Article, §25-204, Annotated Code of Maryland.

Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.

The Maryland Transportation Authority is authorized to finance, construct, operate, maintain, and repair vehicle parking facilities.

A vehicle parking facility financed under this chapter shall be located in a priority funding area and support Smart Growth efforts.

Priority shall be given to transit-oriented development vehicle parking facility projects financed under this chapter.

Revenues from a vehicle parking facility financed pursuant to this chapter shall be sufficient to pay all operating and maintenance costs and debt service for each year that the debt is unpaid. Maryland Transportation Authority Fund moneys may not be used as a cash investment for any vehicle parking facility financed under this chapter.

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

Terms Defined.

A vehicle parking facility project financing proposal shall be submitted for approval by the Authority.

In order to be eligible for financing by the Authority, a vehicle parking facility project shall satisfy the following requirements:

The Authority is not liable for and may not reimburse any costs incurred by a proposer, regardless of whether the proposer's vehicle parking facility project proposal is selected.

Any information the Authority makes available to a proposer shall be as a convenience to the proposer without representation or warranty of any kind.

A proposer may not rely upon oral responses to inquiries. If a proposer has a question regarding this chapter, the proposer shall submit the question in writing to the Executive Director and the Authority shall provide written answers.

The Authority reserves the right, at any time, to:

The Authority may establish, from time to time, detailed guidelines containing underwriting standards, architectural and engineering review, and other requirements or matters relating to the financing of vehicle parking facility projects.

The Authority shall accept unsolicited vehicle parking facility project proposals from government agencies, counties, municipalities, nonprofit organizations, and private entities that demonstrate the feasibility and demand for the facilities within priority funding areas.

Proposals to the Authority for vehicle parking facility projects shall include the following information:

A proposal for a vehicle parking facility project is subject to an initial review by the Authority to determine the eligibility of a project in accordance with this chapter and the Act.

If a proposal is eligible under this chapter and the Act, the Authority shall review the proposal and determine whether the Authority will finance the vehicle parking facility project.

In making a determination as to whether to finance a vehicle parking facility project, the Authority shall base the financing decision on the following criteria:

Authority approval of the financing of the vehicle parking facility shall by evidenced by a signed resolution of the Authority, and represents the final approval for the vehicle parking facility project.

Title VII of the Civil Rights Act of 1964, as amended;

Article 49B, Annotated Code of Maryland; and

The provisions of the Governor's Code of Fair Employment Practices, as amended.

To the extent that the waiver or variance is consistent with the Act; and

If, in the written determination of the Chairman, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

A proposer may not knowingly make or cause to be made any material misstatement of fact, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Authority's action in any statement or report in or regarding a proposal for financing of a vehicle parking facility project.

The Authority may reject any proposal for financing of a vehicle parking facility project that contains any material misstatement of fact.

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

Terms Defined.

A valid permit issued by the Authority may be required at designated parking areas on Authority property.

The operator of a vehicle parked in an area that requires a permit shall clearly display the required permit on or through the front windshield of the vehicle.

Except when authorized by an official sign, the police, or when required by a traffic control device, a vehicle may not stop, stand, or park:

When parking or stopping a vehicle in any lined parking area, the vehicle may not occupy more than one lined space.

At the registered owner's expense, the police may remove or direct removal of the following:

The police may take into custody any vehicle or other object parked or placed in violation of Regulation .04 of this chapter or otherwise parked or placed so as to:

The Authority may use its own personnel, equipment, and facilities, or use those of its designee in accordance with COMAR 11.07.03, for the purpose of removing, taking into custody, and storing vehicles.

The Authority shall keep accurate records of all vehicles removed, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to facilitate voluntary removals.

Vehicles moved by the Authority pursuant to this regulation shall be handled in accordance with COMAR 11.07.08 and COMAR 11.07.03.14.

Abandoned vehicles shall be removed in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.

Citations.

Election to Pay. If the person charged in the citation elects to pay for the parking violation, the person shall pay by mailing a certified check or money order, payable to the Maryland Transportation Authority in the amount stated on the citation, to the Division of Finance, 300 Authority Drive, Baltimore, Maryland 21222.

Election to Stand Trial.

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 procedures adopted by the Chief Judge of the District Court of Maryland.

A parking violation is a misdemeanor.

The registered owner of a vehicle found in violation of Regulation .04A(12) of this chapter is subject to a fine in accordance with Transportation Article, §27-106, Annotated Code of Maryland.

The registered owner of a vehicle found in violation of any other section of this chapter is subject to a $75 fine.

A vehicle may not be left unattended in parking areas or on the premises of service stations for more than 24 hours, unless authorized by the Maryland Transportation Authority.

A vehicle may not be parked, or left unattended or disabled, on shoulders or exit ramps leading into or out of the service plazas.

Parking regulations in COMAR 11.07.10 apply to the service plazas.

Animals are not permitted inside buildings, with the exception of dogs used for governmental security purposes or service animals as defined in Human Services Article, §7-701, Annotated Code of Maryland.

All animals must remain on a leash and be attended at all times.

Animals shall be appropriately cleaned up after, with waste disposed in proper waste containers.

Animal bathing is prohibited.

Wild animals shall be properly confined at all times while on the service plaza premises.

Feeding or otherwise encouraging the congregation of birds or other animals on or near the vicinity of service plaza premises is prohibited.

Loitering in any area is prohibited.

Loitering may subject the violator to criminal penalties as defined in Criminal Law Article, §6-409, Annotated Code of Maryland.

Conduct that interferes with the lawful use of the Maryland House and Chesapeake House Service Plazas, or with passage from place to place, through entrances, exits, or passageways, is prohibited.

Interfering or blocking any drive, path, sidewalk, building, or other area is prohibited.

Movement through building hallways, restrooms, shops, and restaurants may not be restricted.

Use of the buildings or other public areas for sleeping, in lieu of a hotel, motel, or other public accommodation is prohibited.

Commercial activity is prohibited, except when permitted or authorized in writing by the Authority.

Commercial activity on portions of the service plazas leased to or under contract to individuals or companies is not subject to this chapter. Instead, the lease agreements or contract specifications between the individuals or companies and the Maryland Transportation Authority govern these commercial activities.

Any act amounting to breach of the peace is prohibited.

Lewd acts, language, or gestures are prohibited.

A police officer may lawfully order an individual who violates this chapter to leave the area. Failure to comply with the order may result in arrest.

Any law enforcement agency with competent jurisdiction is authorized to enforce this chapter by issuing a citation.