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. “Authority property” means the following facilities and their approaches: Baltimore Harbor Tunnel (I-895); William Preston Lane, Jr. Memorial Bridge (U.S. 50/301); Harry W. Nice Memorial Bridge (U.S. Route 301); Thomas J. Hatem Memorial Bridge (U.S. Route 40); Francis Scott Key Bridge (MD 695); John F. Kennedy Memorial Highway (I-95); The I-95 Fort McHenry Tunnel (I-95); and The InterCounty Connector (MD 200). "Container" means a package or receptacle used to contain hazardous materials for transportation, including a box, bottle, can, drum, barrel, cylinder, carboy, or other shipping package, other than a tank vehicle or bulk packaging, used for the transportation of hazardous materials. “Flash point” means the minimum temperature at which a substance gives off flammable vapors which in contact with spark or flame will ignite. “Gross weight” means the total weight of a container and its contents. “Hazardous material” means a substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation for the United States Department of Transportation (U.S.D.O.T.) to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. “Hazardous substance” means a material, including its mixtures and solutions, that is listed in the Appendix to 49 CFR §172.101, which is incorporated by reference. This definition does not apply to petroleum products that are lubricants or fuels. “N.O.S.” means not otherwise specified. “Net weight” means the weight of the contents of a container only. “Shipping paper” means a manifest, memorandum receipt, bill of lading, shipping order, or other document describing material to be transported. “Tank vehicle” means any vehicle with a cargo tank, portable tank, bulk pyramided cylinders, or tube trailer used for the transportation of liquids or gases. 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. The inspection may take place at any point where or after the vehicle enters on Authority property or its approaches. If hazardous materials cannot be identified by class, or if listed only as N.O.S., or if shipping papers are not available to determine the type of cargo, the vehicle may be prohibited from entering or may be diverted off any Authority property. 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: Vehicle has a: Dedicated alternative-fuel system installed by the manufacturer of the vehicle, or Fuel system which has been properly converted to an alternative fuel system; Vehicle alternative-fuel system conforms to applicable industry standards, including: NFPA 52—Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems (1992 Edition)(c), which is incorporated by reference; NFPA 58—Standard for the Storage and Handling of Liquefied Petroleum Gases (1989 Edition)(c), which is incorporated by reference; and NFPA 59A—Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) (1985 Edition)(c), which is incorporated by reference; Vehicle alternative-fuel system conforms to applicable federal regulations, including 40 CFR 85, 86, and 600, when adopted by the Environmental Protection Agency pursuant to Notice of Proposed Rule Making, 52 Federal Register 52911 et seq. (November 5, 1992), which is incorporated by reference; and Fuel capacity of the vehicle does not exceed 150 pounds, net weight of fuel. 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: Forbidden materials and forbidden explosives are prohibited; Class 1 explosives are prohibited; Class 2, division 2.1 flammable gas is prohibited, with exceptions for propane, LPG, CNG, LNG, and other flammable compressed gas in U.S.D.O.T. approved containers, in quantities not to exceed 10 pounds gross weight per container, and 100 pounds gross weight per vehicle; Class 2, Division 2.2 nonflammable compressed gas is prohibited, with the following exceptions: Argon, compressed, Argon, refrigerated liquid, Carbon dioxide, refrigerated liquid, Compressed air in containers only, although this is prohibited if in tank vehicles, Helium, compressed, Nitrogen, refrigerated liquid, Nitrogen, compressed, or Oxygen in containers only, although this is prohibited if in tank vehicles; Class 2, division 2.3 poisonous gas is prohibited; Class 3, flammable liquid is prohibited, with exceptions for motor fuel and petroleum-based products in U.S.D.O.T. or Underwriter's Laboratory approved containers in total quantities not to exceed 5 gallons per container and 20 gallons per vehicle; Class 3, combustible liquid is permitted, with the exception of formaldehyde solutions which are prohibited; Class 4, division 4.1 flammable solid is prohibited, with the exception of fusees in quantities not to exceed 100 pounds per vehicle; Class 4, division 4.2 spontaneously combustible materials are prohibited; Class 4, division 4.3 dangerous-when-wet materials are prohibited; Class 5, division 5.1 oxidizers are prohibited; Class 5, division 5.2 organic peroxides are prohibited; Class 6, division 6.1 poisonous materials are prohibited, with the following exceptions: Arsenic in any form or compound, Tree-killing or weed-killing liquid compounds, Cyanide of potassium, Cyanide of sodium, Drugs, chemicals, medicines, or cosmetics, not otherwise specified, liquid or solid, Insecticides, dry, or Motor fuel antiknock compound; Class 6, division 6.2 infectious substances are prohibited; Class 7, radioactive materials are prohibited, with the exception of manufactured articles such as instrument or clock dials, electronic tubes of which radioactive materials are a component part, watches, X-ray machines, smoke detectors, etc; Class 8, corrosive materials are prohibited, except batteries; Class 9, miscellaneous hazardous material is prohibited, with the exception of oils, N.O.S., with a flashpoint not less than 93°C (200°F); and Other regulated material: ORM-D is permitted. 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 or containers that have been sufficiently cleaned of residue and purged of vapor to remove any potential hazard; Tank vehicles or containers that have been reloaded with a material not classified as a hazardous material; Tank vehicles or containers whose previous cargo was: A Class 3 combustible liquid, A Class 8 corrosive material, A Class 5 oxidizer, or A Class 5 organic peroxide; or Completely empty containers whose previous cargo was a Class 3 flammable liquid. 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: The Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only; I-95 northbound to the Key Highway exit ramp south of the Fort McHenry Tunnel, and from the Keith Avenue entrance ramp north of the Fort McHenry Tunnel; or I-95 southbound to the Keith Avenue exit ramp north of the Fort McHenry Tunnel and from the Key Highway entrance ramp south of the Fort McHenry tunnel. Vehicles transporting the following radioactive materials are exempt from the requirements in §B of this regulation: Radionuclides for medical, industrial, agricultural, or research purposes; Natural uranium metal; Depleted uranium; Magnesium-thorium alloys in formed shapes (not powdered, and which shall contain not more than 4 percent nominal thorium 232); Radium or radon sealed in needles, capsules, or similar platinum-iridium or gold containers used for medical purposes; or Manufactured articles, other than liquids, containing radioactive material as component parts, such as clock and instrument dials, electronic tubes, test instruments, watches, X-ray machines, etc. 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: Prior permission shall be granted by the Administrator of the facility or the Administrator’s authorized representative at least 1 hour before intended travel over the facility; Operators of the transporting vehicles shall comply with all lawful orders, instructions, and directions of authorized Maryland Transportation Authority police personnel; Vehicles shall remain at least 300 feet behind any vehicle travelling in the same direction on the facility; Vehicles transporting Class 1 explosives shall travel at least 2,000 feet from any other vehicle transporting explosives and travelling in the same direction on the facility. 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 entity requesting the exemption permit submits written evidence that the proposed cargo poses a minimal risk to the travelling public, Maryland Transportation Authority employees, and the Authority property; The permit shall be for a specific duration as established by the Maryland Transportation Authority; The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard its employees, the travelling public, or the Authority property; and The person receiving the permit shall abide by these regulations. The Maryland Transportation Authority's decision issuing or denying a permit is final. Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland Effective date: January 25, 1980 (7:2 Md. R. 116) Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566) Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683) Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913) Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891) Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913) Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891) Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306) Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913) Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913) Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306) Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306) Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913) Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306) Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891) Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891) In this chapter, the following terms have the meanings indicated. Terms Defined. “Baltimore Harbor Tunnel Thruway” means I-895 which extends from the interchange with I-95 south of Baltimore, including its approaches. “Tandem trailers” means two or more trailers or semitrailers which are pulled at the same time by one motor vehicle. Motor vehicles, semitrailers, and trailers over 96 inches in width may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter. Motor vehicles pulling tandem trailers may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter. 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: The person or entity desiring to use the northbound Baltimore Harbor Tunnel Thruway shall make a written request for a hauling permit to the Maryland State Highway Administration as specified in COMAR 11.04.01; The permit may be granted at the discretion of the Maryland Transportation Authority, and shall be for a specific duration as established by the Maryland Transportation Authority; The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard Maryland Transportation Authority property and employees, the traveling public, or the adjacent communities; and The Maryland State Highway Administration’s and Maryland Transportation Authority's decision issuing or denying a permit is final. In addition to any other penalty provided by law, vehicles operated in violation of these regulations are subject to diversion from the Baltimore Harbor Tunnel Thruway. Transportation Article, §21-1410, Annotated Code of Maryland Effective date: August 26, 1985 (12:17 Md. R. 1707) Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510) Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510) In these regulations, the following terms have the meanings indicated. Terms Defined. “Abandoned vehicle” has the same meaning as defined in Transportation Article, §25-201(b), Annotated Code of Maryland. "Authority" means the Maryland Transportation Authority. Authority Property. "Authority property" means property owned, leased, operated by, or under the control of the Maryland Transportation Authority. Authority property includes a: Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland. “Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer. “Disabled vehicle” means a vehicle that has become inoperative on Authority property. “Heavy recovery” means the ability to tow a vehicle having a gross vehicle weight of 80,000 pounds of more. “Heavy recovery equipment” means a heavy-duty tow truck with a heavy-duty hydraulic wheel lift. “Impounded vehicle” means a vehicle that has been taken into police custody. “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland. “Permit” means a permit to engage in towing, road service, or storage of vehicles disabled or impounded on Authority property, issued in accordance with these regulations. “Permittee” means a towing service company that has been granted a permit by the Chief of Police or the Chief's designee to provide towing, road service, and storage of vehicles on Authority property. “Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity. “Police” means: A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland. “Police Communication Center” means the Maryland Transportation Authority Police Force's communication unit that oversees the dispatch of police, and support personnel and vehicles (i.e., fire, EMS, maintenance, and tow truck, etc.) for both customary and emergency calls. “Road service” means adjustments, repairs, or other vehicle service, including tire repair or replacement, of a minor nature, not requiring more than 1 hour of work or the use of specialized, nonportable equipment. “State” means the State of Maryland. “Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles. Unattended Vehicle. “Unattended vehicle” means a vehicle that: Is parked on Authority property other than in a designated area; and Has not been occupied or attended for a period of 12 or more hours. “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland. “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland. “Zone” means a specific part of Authority property, which is delineated by the Chief of Police or the Chief's designee, that identifies a particular area for which a towing service company may apply for a permit under these regulations. 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 name, address, and telephone number of the towing service company; The name of the owner or operator of the towing service company; The forms of ownership (for example, sole owner, corporation, limited liability company, or partnership, etc.) of the towing service company; The Authority property or zone for which the towing service company desires a permit; A certification that the towing service company meets the general requirements for all permits as set forth in Regulations .07 and .08; A certification the towing service company: Is registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, where applicable; Is in good standing and has filed all of its annual reports and filing fees with the State Department of Assessments and Taxation; Has filed with the State Department of Assessments and Taxation the name and address of its resident agent; Has paid, or has arranged for payment of, all taxes due to the State, except those which have been validly contested; Has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of Labor, as applicable; Has paid all withholding taxes due to the State; and Has paid all tolls and civil penalties assessed from citations that are due to the Authority, except those which have been validly contested. An agreement to allow the Maryland Transportation Authority Police or a designated representative to inspect the applicant's equipment and place of business before and at any time during the permit period; and Any organization that provides services to individuals on the road for which the towing service company is an authorized provider. 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. A towing service company shall file with the Maryland Transportation Authority Police an application for a permit for the Authority property or zone for which the towing service company desires to provide towing, road service, and storage of vehicles. In order to provide for the highest level of service to the public, it is the intent of the Authority that a qualified towing service company shall be limited to only one Authority property or zone for which it may be issued a permit. If there are no qualified applicants for adjacent Authority properties or zones, then a permittee may apply for and be issued an additional 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. The Maryland Transportation Authority Police may issue or renew permits, provided that the towing service company is in compliance with the requirements of these regulations and all other applicable laws. 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. A permittee shall be required to have and provide proof of ownership or leasehold of the following equipment: Two heavy-duty tow trucks, one of which shall have a minimum 40-ton crane and one shall have a minimum 25-ton crane, and both trucks shall have a minimum heavy-duty hydraulic wheel lift with a lifting rating of 25,000 pounds, and be capable of towing 80,000 pounds gross vehicle weight. The tow trucks shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A light bar mounted on the truck that is clearly visible to oncoming traffic; A shovel and push broom; An air compressor; and Towing equipment necessary for the performance of towing services. One tow truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, with a crane and a hydraulic wheel lift capable of lifting at least 3,000 pounds, and capable of towing at least 7,500 pounds. This tow truck shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; A shovel and push broom; and Towing equipment necessary for the performance of towing services. One rollback truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, and is capable of carrying passenger vehicles. This truck shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; and A shovel and push broom. If any of the permittee's equipment becomes disabled, out of service, or otherwise unavailable, the permittee shall promptly notify the Maryland Transportation Authority Police Detachment Commander within the Authority property or zone. A permittee shall use temporarily, for not more than 20 days, suitable equivalent equipment, owned or leased by the permittee, while the disabled or missing equipment is being repaired or replaced. A permittee shall have available and maintain, at the permittee's expense, a mode of communication capable of communicating with the Authority and the police. The type, design, and condition of the equipment required under this regulation shall be at all times in good operating condition so that the equipment will efficiently perform the work required. All equipment used by a permittee under these regulations shall be subject at any time to inspection by the Maryland Transportation Authority Police Commercial Vehicle Safety Unit. A permittee shall have the ability to accept forms of payment in accordance with Regulation .16 of this chapter. 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. Equipment operators shall have in their possession a valid commercial driver's license (CDL) with a minimum rating of Class B. Equipment operators shall be familiar with and comply with all Maryland vehicle laws. Equipment operators shall be fully trained and thoroughly familiar with the operation of the equipment being used. Permittees may not employ equipment operators under this regulation who have been convicted of: A felony; A misdemeanor directly related to towing, road service, or storage of vehicles; Driving while intoxicated or under the influence of alcohol, drugs, or any controlled dangerous substance; or A criminal traffic offense. Facilities. A permittee shall have available on its premises the following facilities for use by the motorists of disabled vehicles: A waiting room; A public telephone; Toilet facilities; A garage equipped and maintained to furnish prompt repair service for vehicles towed to its location for repairs, or the ability to arrange for prompt repair service; and A storage space of approximately 50 feet by 100 feet, adequately safeguarded against vandalism and theft, to store towed 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: A permittee's vehicle is allowed to enter and leave Authority property only at interchanges or emergency gates designated by the Authority, unless otherwise allowed in writing by the Chief of Police or the Chief's designee. A permittee's vehicle may not travel in a direction opposite to the normal flow of traffic, unless otherwise directed by the police. A permittee's vehicle may make U-turns on Authority property at points designated by the Authority when the permittee is responding to a request for service. However, a permittee's vehicle may not make a U-turn while towing a disabled vehicle, except as authorized by the police. A permittee's equipment operator shall cooperate with and follow all directions of the police and authorized employees of the Authority in all matters concerning clearing of the roadway and traffic control on Authority property. 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: It would create an unreasonable time delay; A traffic safety problem exists; or The vehicle is disabled in the roadway as a result of a collision or vehicle fire. 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: The location of the vehicle or vehicles by mile marker or descriptive references, or both; The numbers and types of vehicles involved, including year, make, and model, if available; The nature of the service requested (for example, towing, tire repair, road service, etc.); and Other pertinent information. 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. Upon notification or request by the police for service, a permittee shall respond and shall provide prompt service to an identified vehicle within 30 minutes of receipt of notification, at the location of the vehicle, provided by the police. If such a response cannot be made within the time required, the permittee shall notify the Police Communications Center of the estimated time of response and the reasons for delay. In this event, the Police Communications Center may cancel the request for service and use the services of another permittee or towing service company. Following notification or request by the police, the permittee shall respond immediately to the notification and estimate the time of arrival. Upon arrival at the location of a vehicle, the permittee shall transmit the actual time of arrival and time the service requested is completed. 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: Perform the towing or road services required in full compliance with all applicable laws, regulations, safety procedures, and police directions; Sweep glass from the roadway and remove all debris and hazards from accident scenes. 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: Towing service for the following types of vehicles: Passenger vehicles, up to and including 3/4-ton trucks; and Commercial vehicles, which include: Vehicles of more than 3/4-ton, loaded or unloaded, Tractor-trailers and towing vehicles, loaded or unloaded, and Buses; Winching service, only if this service is provided for vehicles off a paved or improved portion of any Authority property for: Passenger vehicles, up to and including 3/4-ton trucks, per 1/4 hour of actual winch use to position the disabled vehicle for towing; and Commercial vehicles as described in §B(1)(b) of this regulation, per 1/4 hour of actual winch use to position the disabled vehicle for towing; Other services, which include: Use of dolly wheels or wheel lifts when a vehicle cannot be towed from its front or rear; Connecting air lines; Disconnecting drive shaft; Removing each axle; Road service, excluding labor and materials; and Vehicle storage, charges for which begin accruing 24 hours after the vehicle is towed in for storage for: Passenger vehicles, up to and including 3/4-ton trucks, per day, and Commercial vehicles, as described in §B(1)(b) of this regulation, per day. Miscellaneous Charges. Charges for parts furnished in connection with repairs made by the permittee for vehicles removed from any Authority property may not exceed the rates of the applicable dealer's list cost on parts. Labor Rates for Road and Mechanical Repair. A permittee shall file its labor rates for road and mechanical repair services with the Chief of Police or the Chief's designee. The labor rates may not exceed the prevailing rates in the permittee's area for similar services. The Chief of Police or the Chief's designee shall review the labor rates for road and mechanical repair services as filed by the permittee. If the rates are in accordance with the prevailing rates in the permittee's area, the Chief of Police or the Chief's designee shall approve the rates as filed. If the labor rates for road and mechanical repair services are not in accordance with the prevailing rates in its area, the Chief of Police or the Chief's designee may not approve the rates as filed, and shall require the permittee to file a revised schedule of labor rates for repair services, which shall be consistent with the prevailing rates in the permittee's area. A permittee may not impose a duplicate charge for any services subsequently performed on a disabled vehicle in its garage after the permittee has performed similar services on the vehicle on Authority property before towing the vehicle to the permittee's garage for further servicing. A permittee may impose only one flat-rate charge, as established by the Chief of Police or the Chief's designee for towing a vehicle from its initial location to the permittee's place of business, to its garage or storage facility, or, at the request of the owner or operator, to the nearest interchange off Authority property. A permittee may not impose a charge for either a backward tow or for a hook-up for tow. A permittee may impose a reasonable charge for preparing a vehicle for tow, only in the event of an accident or unusual damage which would prevent a vehicle from being towed without preparation. A vehicle owner or operator requesting service, if available, shall be required to sign a written estimate for the cost of the service. The permittee may also obtain authorization for the estimate by telephone. 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. A permittee may impose a charge higher than the estimated maximum charges if an operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, or to its garage or storage facility. For this request, a permittee may charge the prevailing rate for similar services performed in the permittee's area. If the operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, its garage or storage facility, or to the nearest interchange off Authority property, the permittee shall record legibly on the statement of charges the: Request made by the operator or owner of the vehicle; and Higher rate, if any, charged by the permittee. 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: United States currency; A check guaranteed by a commercial service; or A major credit card. 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 name of the person receiving the service; The year, make, and type of vehicle on which service was performed; The vehicle registration number and the state of registration; The service report number or radio transmission number furnished by the police; The location at which the service was performed by reference to the nearest milepost or the nearest Authority building; The date; The time when service began and when service was completed; The type of work performed; The parts used, if any; The rates charged, itemized separately for each service performed; The towing or road service charge made; The total charge for all the services performed; and If available, the signature of the operator or owner of the vehicle for whom services were performed. 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: A minimum of $1,000,000 for injuries, including death, to any one person; A minimum of $1,000,000 for any injuries, including death, resulting from any single incident; and A minimum of $1,000,000 for damages to, or destruction of, property as a result of any single incident. By accepting a permit under this chapter, a permittee shall defend, indemnify, and hold harmless the Authority and the State, their members, employees, and agents against all claims, suits, costs of every kind and description, including attorney's fees, and from liability for damages to which the Authority and the State, their members, employees, and agents may be subjected by reason of injury or damage to any person or property due to the acts or omissions of the permittee, its employees, agents, or representatives in connection with the performance of services under these regulations. A permit issued to a permittee may not be transferred to any other person. The Chief of Police or the Chief's designee may deny an application for a permit in accordance with Regulation .09 of this chapter. The following actions are prohibited: Chasing or running wrecks without a proper request from the Police Communications Center; Soliciting at the scene of an accident or disabled vehicle; and Providing towing or road service to a disabled vehicle without clearance from the police. 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: The Authority receives a complaint from a member of the public or the police regarding the permittee, and the police determine there is a valid basis for the complaint following an investigation; The permittee violates any of these regulations; or The permittee violates any other law that may affect the permittee's ability to adequately perform under these regulations. Letter of Warning. The Chief of Police or the Chief's designee shall issue a letter of warning to a permittee via certified mail upon verification of a complaint for the first time, or, upon the permittee's first violation of any of these regulations. The letter of warning shall: State the substance of the complaint or the law or regulation violated; and Give the permittee an opportunity to explain the complaint or the violation of a regulation within 10 calendar days of the date of receipt of the letter of warning. If the permittee provides an explanation acceptable to the Chief of Police or the Chief's designee, the Chief of Police or the Chief's designee may take no further action regarding the complaint or the violation of a regulation. If the permittee does not provide an explanation that is acceptable to the Chief of Police or the Chief's designee, the letter of warning and related documentation shall become a part of the permittee's records maintained by the Authority. Suspension of Permit. The Chief of Police or the Chief's designee shall suspend a permit upon the verification of a second complaint or upon the permittee's second violation of any of these regulations. A notice of proposed suspension shall be forwarded to the permittee via certified mail and shall state the substance of the complaint or the law or regulation violated. Opportunity for Explanation by Permittee. The notice of proposed suspension shall give the permittee an opportunity to explain the complaint or the violation of the law or regulation within 10 calendar days of the date of receipt of the notice of proposed suspension. The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed suspension. The Chief of Police or the Chief's designee may accept or reject the permittee's explanation. The period of a second suspension shall be at least 30 days, but not more than 60 days, as may be determined by the Chief of Police or the Chief's designee. The Chief of Police or the Chief's designee shall forward to the permittee via certified mail a written notice of the suspension that identifies the period of suspension. The notice of suspension and related documentation shall become a part of the permittee's records maintained by the Authority. Revocation of Permit. The Chief of Police or the Chief's designee shall revoke a permit: Upon the verification of a third complaint; Upon the permittee's third violation of any of these regulations; or Upon verification of any single violation of the law or these regulations, if the violation is sufficiently egregious to undermine confidence in the permittee's ability to adequately perform under the requirements of the permit. A notice of proposed revocation shall be forwarded to the permittee via certified mail and shall state the: Substance of the complaint, regulation, or law violated; and Any prior complaints or regulations violated. Opportunity for Explanation by Permittee. The notice of proposed revocation shall give the permittee an opportunity to explain the complaint or the violation of law or regulation within 20 calendar days of the receipt of the notice of proposed revocation. The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed revocation. The Chief of Police or the Chief's designee may accept or reject the permittee's explanation. Upon revocation of a permit, the Chief of Police or the Chief's designee shall forward a written notice of revocation via certified mail to the permittee. Upon revocation of a permit, a permittee may not apply for another permit from the Authority for 1 year. 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. Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland Effective date: January 14, 1991 (17:26 Md. R. 2976) Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891) Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572) Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205) Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891) Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206) Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384) Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384) Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83) Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572) Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260) Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384) This chapter contains procedures regarding the conduct of those attending open meetings, and the recording and broadcasting of open meetings. In this chapter, the following terms have the meanings indicated. Terms Defined. "Authority" means the Maryland Transportation Authority. “Open session” means any meeting of the Authority required to be open to the public pursuant to the Open Meetings Law, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland. 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: Order an individual who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session; Request police or other assistance to restore order; and Recess the open session while order is restored. A member of the public, including any representative of the news media, may: Record discussions of the Authority at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Authority or others attending the open session; Photograph or videotape the proceedings of the Authority at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Authority or others attending the open session. A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used: Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the open session; and Does not create noise that disturbs members of the Authority or others attending the open session. 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. A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session. Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland Effective date: June 7, 1993 (20:11 Md. R. 914) This chapter applies to increase of tolls, certain fees, mileage rates, pricing periods, dynamic pricing, frequency of use, and commuter programs that apply to Authority highways or transportation facilities projects. In this chapter, the following terms have the meanings indicated. Terms Defined. “Authority” means the Maryland Transportation Authority. “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland. “Dynamic pricing” means a method of calculating the toll where the dynamic pricing mileage rate varies within the approved toll rate range in real time. “Dynamic pricing mileage rate” means the amount per mile used to calculate the toll within the approved toll rate range on a variably priced facility with dynamic pricing. “Executive Director” means the Executive Director of the Maryland Transportation Authority. “Fee” means an electronic toll collection account maintenance fee. “Fixed-price toll facility” means an Authority highway where vehicles are subject to a toll that remains constant over time until the toll schedule is changed consistent with the provisions of this chapter. “Operational metrics” means the performance criteria established to monitor real-time traffic conditions and may include, but is not limited to, traffic speed, traffic volume, travel delay durations or distances, or any combination of these performance criteria. “Pricing period” means the hours of the day, or portions thereof, and days of the week or special days such as holidays during which a time of day pricing mileage rate is in effect on a variably priced toll facility. “Soft rate cap” means a maximum toll rate on a variably priced toll facility with dynamic pricing within the approved toll rate range that may only be exceeded when required to achieve established operational metrics. “Time of day pricing” means a method of calculating the toll where the toll varies according to a fixed, advertised schedule depending on the time of day pricing mileage rate in effect for a pricing period and toll zone. “Time of day pricing mileage rate” means the amount per mile used to calculate the tolls on a variably priced toll facility with time of day pricing. “Toll” means the charge due as established by the Authority for passage of a vehicle through an Authority highway. “Toll facility operator” means a third party other than the Authority authorized to operate a toll facility under a contract. “Toll rate range” means the approved minimum and maximum toll rates as approved by the Authority. “Toll zone” means the area between two access points used to calculate the toll on a variably priced toll facility. “Tolling algorithm” means an automated program or mathematical formula that utilizes operational metrics, predicted traffic patterns, any other selected data points or information, or any combination thereof to set dynamic pricing mileage rates. “Variably priced toll facility” means an Authority highway or transportation facilities project where travel on some or all lanes is subject to a toll that varies based on time of day pricing or dynamic pricing. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. 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. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland. Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland Effective date: October 19, 2009 (36:21 Md. R. 1592) Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706) Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706) Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917) Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379) Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379) Chapter revised effective November 4, 2019 (46:22 Md. R. 977) Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978) Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978) The purpose of this chapter is to: 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. “Authority” means the Maryland Transportation Authority. “Budget committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Chairman” has the meaning stated in Transportation Article, §4-202(a), Annotated Code of Maryland. “Department” means the Maryland Department of Transportation and its modal administrations. “Executive” means the Executive Director of the Authority. “Industry forum” means a presolicitation information gathering event that may include public and private sector participants. “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities. “Members of the Authority” means those persons that compose the Authority Board and are appointed in accordance with Transportation Article, §4-202(b), Annotated Code of Maryland. “Multistep solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps: Issuance of a request for qualifications; Preproposal conference; Issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Program” means the structure, process, methodology, and terms and conditions applicable to the Authority’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Authority. “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process. “Steering Committee” is the Authority’s Transportation Public-Private Partnership Steering Committee established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program and composed of Authority and other State employees identified by the Executive Director. 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: Identifying potential public-private partnership opportunities for screening; Screening of public-private partnership opportunities, including both high-level and detailed-level; Prioritization of public-private partnership opportunities for solicitation; Developing presolicitation and solicitation plans and processes for public-private partnerships; Ongoing monitoring of public-private partnerships; and Communication and coordination with other State reporting agencies. 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. Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Authority, the Department, and through other State, regional, local, and municipal processes, including but not limited to: The Consolidated Transportation Program; The Statewide Transportation Improvement Program; Long-range transportation plans developed by metropolitan planning organizations; and County Priority Letters. Public-Private Partnership Candidate Concept Application. To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor. A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed. Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, to the extent such information is available, including but not limited to: Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and cost; Preliminary description of financial concepts; Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter. The format and required contents of the Public-Private Partnership Candidate Concept Application will be: Developed and updated as needed by the Steering Committee; and Approved by the Executive Director, Chairman, and members of the Authority. Unsolicited Proposals to the Authority. In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Authority is permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Authority in implementing its functions in a manner consistent with State policy. Assets not defined as a transportation facilities project under Transportation Article, §4-101(h), Annotated Code of Maryland, are not covered by the Authority’s Program and should be submitted to the appropriate State agency. An unsolicited proposal may be submitted at any time. An unsolicited proposal shall: Be sealed and delivered to the Authority’s Headquarters to the attention of the Executive Director, bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and Consist of 15 hardcopies and 1 electronic copy. Unsolicited Informational Meetings. Private entities may request meetings with the Steering Committee to discuss potential unsolicited proposals prior to submission. Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair. The Steering Committee is not required to grant meetings in response to a request. During unsolicited informational meetings, the Steering Committee may provide informal feedback and comments to the private entity. The primary purpose of unsolicited informational meetings is to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs. A formal review and screening of an unsolicited proposal will be undertaken only after a private entity completes the formal submission process. An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept. An unsolicited proposal shall include, at a minimum, the following: An executive summary of the major elements of the unsolicited proposal, including: The title of the proposed concept; A brief description and justification of the proposed concept; The name and address of the public-private partnership private entity; and A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address; Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity; A summary narrative that describes: The key components of the proposed public-private partnership concept; Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and costs; Preliminary description of financial concepts; The relevance of the public-private concept to other transportation facilities or other public infrastructure assets for which the Authority is responsible; and A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law; A high-level description of financial feasibility that includes: Amounts and sources of any public funding that may be required; How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long-term capital replacement activities, financing, operations, and maintenance; and How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Authority at the expiration or termination of the public-private partnership agreement; Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; A clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter. Unsolicited Proposal Fee. Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program for which the Authority is responsible shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Transportation Authority. Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program and concerns a public infrastructure asset for which the Authority is responsible shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Transportation Authority. The Authority reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals will be considered separate proposals that require separate proposal fees. Unsolicited proposal fees are nonrefundable. 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. High-Level Screening Phase. Factors to be considered during the high-level screening may include, but are not limited to: Ability to meet State transportation, socio-economic development, workforce, and environmental goals; Technical implementation considerations; Potential need for coordination with other State agencies, including but not limited to the Department; Opportunities to accelerate asset delivery implementation; Ability to allocate and share risks in a cost-effective manner that is consistent with State law and in the best interests of the State; Opportunities to reduce reliance on public funds or finance, or both; Public affordability considerations; Potential for increased revenue generation and revenue sharing with the Authority; and Potential impact on the workforce, including existing State employee workforce, if any. For internally generated public-private partnership concepts, the high level screening is conducted based on the Public-Private Partnership Candidate Concept Application and supporting information available from the internal sponsor. For unsolicited public-private partnership concepts, the high-level screening is conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Authority. Based on the findings of the high level screening, the Steering Committee may recommend to the Executive Director that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase. Based on the findings of the high-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase. The determination is to be made by the Chairman and members of the Authority to advance or not advance a public-private partnership concept to the detailed-level screening phase. Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall: Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to the detailed-level screening phase; or Request additional information from the internal sponsor or private entity. Detailed-Level Screening Phase. The detailed-level screening phase is more comprehensive than the high-level screening phase. In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental and transportation planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and Other analyses to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method. The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Executive Director, on a case-by-case basis. Based on the findings of the detailed-level screening, the Steering Committee will make recommendations to the Executive Director as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a presolicitation report. Based on the findings of the detailed-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to submission of a presolicitation report. The determination is to be made by the Chairman and members of the Authority to advance or not to advance a public-private partnership concept to submission of a presolicitation report. Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall: Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to submission of a presolicitation report; or Request additional information from the internal sponsor or private entity. Presolicitation Report Development. The development of a presolicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases. In consultation with the Steering Committee, the Executive Director shall determine: The tasks required for the development of a presolicitation report; and The responsible parties within the Authority. The development of a presolicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland, may entail a variety of tasks, including but not limited to: Analyses and documentation, including some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental and transportation planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method; and In the event that a public-private partnership delivery method may have a potential impact on existing State employees, an analysis of the potential impact and potential options for mitigating that impact; Issuing public requests for information to obtain additional information that may help the Authority confirm or refine key assumptions; and Organizing public industry forums to obtain additional information that may help the Authority confirm or refine key assumptions. If it is determined that the proposed public-private partnership delivery method will impact existing State employees, the Authority shall arrange for meetings between the Executive Director, or the Executive Director’s designee, and representatives of the affected bargaining units, if any, for a preliminary discussion of potential impact and potential options for mitigating the impact. The Authority may not issue a public notice of solicitation for a public-private partnership until: The Chairman and members of the Authority approve the presolicitation notice; A presolicitation report concerning the proposed public-private partnership is submitted to the budget committees and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland, that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and The Authority has sought and received: The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and The approval of the Board of Public Works of the method of solicitation. General. The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Authority or from an unsolicited proposal. For each private entity that responds to a public notice of solicitation, the Authority shall make a responsibility determination in accordance with State Finance and Procurement, §10A-202(c), Annotated Code of Maryland. Solicitations Relating to Concepts Described in Unsolicited Proposals. The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement, §10A-301(d)(2), Annotated Code of Maryland. An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement, §10A-301(e), Annotated Code of Maryland. The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the private entity’s unsolicited proposal. The Authority reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals. Multistep Solicitation Process. The Authority may use a multistep solicitation process that includes, but is not limited to, some or all of the following steps: Issuance of a request for qualifications; Preproposal conference; Issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. The determination to use some or all of the solicitation steps will be on a case-by-case basis. The Authority may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation. Request for Qualifications. The purpose of a request for qualifications is to: Identify private entities that qualify as participants in the solicitation process; and Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities. Based on the responses to the request for qualifications, the Authority may: Identify one or more private entities as qualified; and Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities. Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to: Participate in industry review meetings; Receive drafts of the request for proposals; Submit comments on drafts of the request for proposals; Receive the final request for proposals; and Submit a written proposal in response to the final request for proposals. Preproposal Conference. The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes. A preproposal conference may be scheduled by the Authority after the initial public notice of solicitation for a public-private partnership. Preproposal conferences are open to all interested private entities. Draft Request for Proposals. As part of a multistep solicitation process, the Authority may issue one or more draft requests for proposals to shortlisted private entities. Draft requests for proposals may include, but are not limited to: Instructions to private entities for responding to the request for proposals; Technical provisions; Scope of work; and Public-private partnership agreement key terms and components. Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Authority to the extent permitted by the solicitation process. The Authority may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals. Industry Review Meetings The Authority may conduct industry review meetings as part of a multistep solicitation process. The purpose of industry review meetings is to: Obtain comments and make revisions to the draft request for proposals; Obtain the best value for the State; Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept; Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and Finalize the requirements for the request for proposals. Agreement negotiations may not be conducted during industry review meetings. Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities. Industry review meetings may be: Joint workshops with all shortlisted private entities invited to participate; or One-on-one meetings between the Authority and individual shortlisted private entities. The Authority may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals. Final Request for Proposals. In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process. The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to: Preproposal conference; Request for qualifications; and Industry review meetings. The Authority may issue a final request for proposals without previously: Issuing a request for qualifications; Issuing a draft request for proposals; or Conducting industry review meetings. Information Availability During Solicitation. The Authority may make relevant technical and financial information available to private entities through an electronic data room. The Authority may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections. Information or site access provided to individual private entities pursuant to an additional information request shall also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established. Information or site access provided to individual shortlisted private entities pursuant to an additional information request shall also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established. Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential. Reimbursement. The Authority may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland. If the Authority elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity will be described in the public notice of solicitation associated with the specific public-private partnership. The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Authority as a condition to receiving reimbursement. The Authority will only consider reimbursement for shortlisted private entities. Maximum Reimbursement Amount. The Authority may not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership. The Authority may establish a reimbursement less than the maximum prescribed in §D(5)(a) of this regulation on a case-by-case basis. Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments. Reservation of Rights. The Authority reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation the right to: Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason; Issue addenda, supplements, and modifications to a public notice of solicitation; Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland; Issue a new public notice of solicitation after withdrawal of a public notice of solicitation; Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time; Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Authority, or as otherwise set forth by applicable law; Determine whether to pursue federal credit assistance on behalf of the private entities; Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement, §10A-203(b), Annotated Code of Maryland; Exercise any other rights reserved or afforded to the Authority under applicable law and the public notice of solicitation; and Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility. Additional reservations of the Authority’s rights may be included in the solicitation documents for a public-private partnership. Evaluation of Submitted Responses. The Authority will conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity. Submitted information will be evaluated against the requirements of the solicitation and the evaluation criteria that the Authority specifies in the solicitation for the particular public-private partnership opportunity; The objective of this evaluation process is to select the private entity that provides the best value solution for the State; The Authority’s evaluation criteria shall be clearly set forth in each request for solicitation; and A failure to provide all requested information may result in the Authority eliminating a response or proposal from further consideration. 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: Be composed of: Authority employees; Department employees; and Other State employees; Review statements of qualifications; Review proposals; and Seek advice from the Authority, the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process. Best and Final Offers. After the evaluation of all responsive proposals, the Executive Director may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers. The Executive Director may request multiple iterations of best and final offers. A best and final offer process is not required. 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: Be composed of: Authority employees; Department employees; and Other State employees; Review the apparent best value private entity’s response to the request for proposals; Review the apparent best value private entity’s best and final offer, if any; and Receive assistance from outside experts and consultants during the evaluation process. The Authority, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if: Negotiations with the apparent best value private entity are unsuccessful; or The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Authority’s schedule for the public-private partnership solicitation. 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: Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity; Commence the final agreement review process in accordance with State Finance and Procurement, §10A-203, Annotated Code of Maryland; and Arrange for meetings between the Executive Director or their designee and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees. Final Agreement Review. The Executive Director shall comply with the final agreement review process established in State Finance and Procurement, §10A-203, Annotated Code of Maryland. A final agreement report shall accompany a final agreement submitted under State Finance and Procurement, §10A-203, Annotated Code of Maryland, containing the following items, if relevant: The financial plan, including annual cash flows, for any public-private partnership including: State contributions; Federal loans or credit assistance; Private investments; Local contributions; and Other funding contributions; The ongoing financial costs and increases associated with any operating and maintenance contracts; The impact any public-private partnership agreement may have on the Authority’s debt affordability measures; The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase; An analysis of why the proposed agreement is more advantageous than a conventional project delivery; A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public-private partnership; A summary of the performance measures included in the ongoing operation of the public-private partnership; A summary of the penalties associated with nonperformance relating to the ongoing maintenance and operation; and A plan for how the long-term operating and maintenance contract will be overseen by the Authority. Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Authority shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland. State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland Effective date: September 8, 1997 (24:18 Md. R. 1296) Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544) This chapter applies to Maryland Transportation Authority highways. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agreement” means the application and its corresponding terms and conditions to establish an E-ZPass account which sets out the terms and conditions, and instructions for use of the Authority's electronic toll collection system. “Authority” means the Maryland Transportation Authority and its designated agents. “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland. “CCU” means the Maryland Department of Budget and Management Central Collection Unit. “Citation” means a notice of a toll violation and related civil penalties sent by the Authority, pursuant to Transportation Article, §21-1414, Annotated Code of Maryland, to a person who is required to and fails to pay a video toll established by the Authority. “Electronic toll collection” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Electronic payment method” means any noncash payment acceptable to the Authority. “E-ZPass account” means a financial relationship between the Authority and a person who agrees to abide by the Agreement established for the electronic collection of tolls. “E-ZPass account maintenance fee” means any monetary charge that may be assessed to offset the cost of electronic toll collection accounts and is set in accordance with Chapter .05 of this subtitle. “Final notice” means a written administrative notice from the Authority of outstanding amounts due to the Authority when preparing to refer amounts due through a notice of referral to the CCU in accordance with Regulation .08C of this chapter. “Final toll violation” means the total amount due as a result of a toll violation where a citation has been issued, is not paid and: A person fails to request a hearing within the time permitted pursuant to Transportation Article, §21-1414(d)(6), Annotated Code of Maryland; A person fails to appear for a trial requested in District Court and has exhausted all appeals; A person is adjudicated to be liable for the toll violation by the District Court and has exhausted all appeals; or A person has failed to satisfy the requirements of an installment payment plan with the Authority. “Motor Vehicle Administration (MVA)” means the Motor Vehicle Administration of the Department of Transportation. “Notice of toll due” or “NOTD” means an administrative notice of a video toll transaction. “Past due notice” means a written administrative notice from the Authority, sent when payment for a toll violation remains due through a notice of referral to the MVA in accordance with Regulations .08A or .08B of this chapter. “Pay” means the Authority receives payment by: Cash; Permitting a charge against an E-ZPass account with a balance sufficient to pay the toll due; Pay-By-Plate; or Another means of payment approved by the Authority. “Pay-By-Plate” means a payment method whereby a customer provides their vehicle license plate information and a valid electronic payment method to the Authority prior to travel for processing toll payments at Authority facilities. “Person alleged to be liable” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Posted speed limit” means the speed limit posted in an electronic toll collection lane. “Recorded image” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Registered owner” has the meaning stated in Transportation Article, 21-1414, Annotated Code of Maryland. “Speed violation” means a violation of the posted speed limit in an electronic toll collection lane. “State” means any state of the United States, the District of Columbia, a possession of the United States, or a province or territory of Canada. “Toll” means the amount of money due as established by the Authority for passage of a vehicle on an Authority highway. “Toll collection facility” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Toll violation” means the failure to pay a video toll within the time prescribed by the Authority in a notice of toll due and as otherwise provided in a response from the Authority regarding a denial of a transfer of liability. “Transponder” means a device which is designed to transmit information used to collect tolls and is associated with a particular toll collection account. “Trip” means one passage of a vehicle on an Authority highway where a toll is normally collected. “Vehicle” means a motor vehicle as defined by Transportation Article, §11-135, Annotated Code of Maryland. “Video monitoring system” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Video toll” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. “Video toll transaction” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland. 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. The Authority may establish different E-ZPass account types to be selected by the applicant during the E-ZPass application process. The specific conditions for each E-ZPass account type shall be included in the Agreement. An E-ZPass account holder acknowledges and agrees to comply with the Agreement when opening an E-ZPass account. Discount Toll Programs. The Authority may establish different types of discount toll programs. 2-axle Vehicle Discount Toll Programs. E-ZPass account holders may purchase approved discount toll programs that have a number of trips which are valid for a specified period of time. Trips not used within the period of time specified in the applicable discount toll program are no longer valid. Refunds or credits may not be issued for unused trips. Multi-Axle Vehicle Discount Toll Programs. An E-ZPass account holder may receive a toll discount based on the volume of use by vehicles included on their E-ZPass account. 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: Send a NOTD in accordance with Regulation .06 of this chapter; Issue a Citation after failure to pay a NOTD in accordance with Regulation .07 of this chapter; and Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter. 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. A speed violation notice may be sent per E-ZPass account for E-ZPass private and business accounts. Notice of Warning for a Speed Violation. A warning notice may be sent for the first speed violation in a toll lane and the notice shall include the consequences for receiving a second violation. Notice of E-ZPass Account Suspension for a Speed Violation. E-ZPass account suspension for a speed violation is the temporary invalidation by the Authority of an E-ZPass account holder’s privilege to use a transponder or an established E-ZPass account for toll collection in all states where E-ZPass is accepted. An E-ZPass account suspension notice may be sent for a second speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority. An E-ZPass account suspension notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being suspended for 60 days, and shall include the beginning date and ending date of the E-ZPass account suspension of privileges. An E-ZPass account suspension notice shall include the consequences of any speed violation or attempt to use the E-ZPass account while under suspension. Notice of E-ZPass Account Closure for a Speed Violation. An E-ZPass account closure notice may be sent for the third speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority. An E-ZPass account closure notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being terminated, and shall specify the effective date of the E-ZPass account closure. An E-ZPass account closure notice shall include the consequences of any attempt to use the E-ZPass account once closed. The Authority may issue speed violation notices by email or first class U.S. mail. 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. Tolls may be paid via Pay-By-Plate, whereby a customer authorizes the Authority to charge tolls due by providing the Authority with vehicle information and a valid electronic payment method online, over the phone, or in person for processing payment prior to travel. Vehicle information provided by the customer shall include the license plate number, state of registration, type of vehicle, and vehicle year. A Pay-By-Plate customer is responsible for updating vehicle information and maintaining valid electronic payment information with the Authority. If a customer fails to keep vehicle and electronic payment information current, the customer is not relieved of liability for tolls due. The electronic payment method provided shall be valid at all times and be charged for each toll transaction. If a valid payment is not made using the Pay-by-Plate payment method, the customer remains liable for the toll and the Authority shall: Send a NOTD in accordance with §D of this regulation; Issue a citation after failure to pay a NOTD in accordance with Regulation .07 of the chapter; and Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter. The Pay-By-Plate payment method is only valid for use with the Authority's electronic toll collection system. 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). The Authority shall send the person alleged to be liable that was involved in a video toll transaction a NOTD containing: The name and address of the person alleged to be liable under this chapter; The license plate number and state of registration of the vehicle involved in the video toll transaction; The location where the video toll transaction took place; The date and time of the video toll transaction; The amount of the video toll; The date by which the video toll must be paid; A copy of the recorded image; The statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland to transfer liability to another person; A warning that failure to pay the video toll, request a transfer of liability in the manner and time prescribed, or the late payment of the video toll, will result in a Toll Violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter, and that continued failure to pay may lead to refusal or suspension of the motor vehicle registration and referral to the CCU; A warning that payment of the video toll, whether timely or late is an admission of liability of the video toll transaction; and Instructions on how to pay the video toll or request a transfer of liability of the video toll transaction to another person. Except as provided in §E of this regulation, the person alleged to be liable who receives a NOTD shall have at least 30 days to pay the video toll from the mailing date of the NOTD. Except as provided for in §E of this regulation, failure of the person alleged to be liable to pay the video toll by the NOTD payment due date shall constitute a toll violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter. If a transfer of liability is requested, the person alleged to be liable shall send the request to the Authority, which must be received by the Authority on or before the NOTD payment due date. Transfer of Liability. The person alleged to be liable may request a transfer of liability of the video toll transaction from the Authority by asserting any of the statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland, which includes providing the additional documentation required by statute. The Authority must receive the request for a transfer of liability, including all supporting documentation by the NOTD payment due date. If the Authority does not receive payment of the video toll or a request for a transfer of liability by the NOTD payment due date, a toll violation will result subject to issuance of a citation and a civil penalty as set forth in Regulation .07 of this chapter. A request for transfer of liability received by the Authority on or before the NOTD payment due date shall be reviewed by the Authority to determine whether liability for the video toll transaction may be transferred from the person alleged to be liable to another person. If the Authority accepts the request for transfer of liability as described in this regulation: The Authority shall send the person alleged to be liable a determination of the request for transfer of liability indicating it is accepted; The person alleged to be liable shall not be responsible for the video toll transaction; and The Authority shall send a new NOTD to the person to whom liability was transferred in accordance with Transportation Article, §21-1414(g), Annotated Code of Maryland. If the Authority denies the request for transfer of liability as described in this regulation: The person alleged to be liable will receive a determination of a request for transfer of liability from the Authority indicating it is denied; The person alleged to be liable shall pay the video toll by the NOTD payment due date or within 10 days from the mailing date on the denial notification, whichever is later; and If payment is not received in accordance with §E(6)(b) of this regulation, a toll violation will result with a date relating back to the day after the original NOTD payment due date subject to a citation and a civil penalty for a toll violation as set forth in Regulation .07 of this chapter. Installment Plans. The Authority may offer an installment plan to a person alleged to be liable for payment of unpaid video tolls and any associated civil penalties that total at least $300. An installment plan shall require the person to make monthly installment payments until the total amount of the outstanding unpaid video tolls and any associated civil penalties owed are paid. The Authority may waive any portion of the associated outstanding civil penalties. If liquidation by installment payments requires more than 3 years, then the debt may be referred as a delinquent account to the Central Collection Unit. The Authority may not offer more than one installment plan to a person at a time. A person is responsible for fully paying all unpaid video tolls and associated penalties within the one installment plan in accordance with the installment plan. If a person fails to make payment or defaults on the terms of an installment plan, then the Authority may terminate the installment plan, resulting in a final toll violation. The Authority is not required to offer alternative payment plans if a person defaults on the installment payments. The Authority may use any legal action available to collect in accordance with Regulation .08 of this chapter. Citation. Within 60 days of a toll violation, the Authority shall issue a citation, as provided in Transportation Article, §21-1414, Annotated Code of Maryland, to the person alleged to be liable who has previously been issued an NOTD. The citation shall contain information required in Transportation Article, §21-1414(d)(3), Annotated Code of Maryland. Within 30 days of the mailing date of the citation a person alleged to be liable may: Pay the video toll and civil penalty, in the amount set forth in Regulation .09 of this chapter, to the Authority; or Contest the citation by electing to stand trial in the District Court of Maryland. Final Toll Violation. A citation may result in a final toll violation. For any citation that results in a final toll violation and remains unpaid, the Authority may do one or more of the following: Request the MVA to refuse the vehicle registration for a vehicle that has incurred at least one unpaid final toll violation as set forth in Regulation .08 of this chapter; Send a request to the MVA for suspension of the vehicle registration if a vehicle has incurred at least $1,000 in unpaid final toll violations as set forth in Regulation .08 of this chapter; Refer any amounts due as a result of the unpaid final toll violation to the CCU as set forth in Regulation .08 of this chapter; and Collect the amount due by any other means as provided by law. Notice of Referral to the MVA for Refusal. The Authority may send to the registered vehicle owner in Maryland or any state with which the Authority has entered into a reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice indicating that failure to pay will result in refusal of the vehicle registration for any vehicle incurring at least one unpaid final toll violation, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland. If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03. The Authority shall notify the MVA: Within 3 business days, to permit the renewal or transfer of the vehicle registration when no outstanding video tolls or civil penalties exist for any final toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or Within 3 business days, to permit the renewal or transfer of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with the CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment. If the registered owner of the vehicle defaults on the confessed judgment entered into with the CCU as provided in §A(1)(b)(ii) of this regulation, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03. A past due notice shall: Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based; Inform the recipient that failure to pay will result in referral to the MVA for refusal of the vehicle registration; Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation; Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and Advise the registered owner of additional fees that may be imposed by the MVA. Additional unpaid final toll violations that accrue after the final toll violation that lead to referral to MVA shall be added to the total amount due and are to be paid in accordance with §A(1)(a) of this regulation. Notice of Referral to the MVA for Suspension. The Authority may send to the registered owner in Maryland or any state with which the Authority has entered into reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice for any vehicle incurring at least $1,000 in unpaid final toll violations, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland, indicating that failure to pay will result in referral to the MVA for suspension of the vehicle registration. The threshold dollar amount of $1,000 for issuing a past due notice for referral to the MVA for suspension of the vehicle registration may include previous amounts due to the Authority that were referred to the CCU for collections in accordance with §C of this regulation. If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04. The Authority shall notify the MVA: Within 3 business days, to lift suspension of the vehicle registration when no outstanding video tolls or civil penalties exist for any final video toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or Within 3 business days, to lift suspension of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment. If the registered owner of the vehicle defaults on the confessed judgment entered into with CCU as provided in §B(1)(c)(ii) of this regulation, the Authority shall notify MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04. A past due notice shall: Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based; Inform the recipient that failure to pay will result in referral to the MVA for suspension of the vehicle registration; Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation; Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date shall avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and Advise the registered owner of the additional fees that may be imposed by the MVA. Additional unpaid final toll violations that accrue after the referral to MVA shall be added to the total amount due and are to be paid in accordance with §B(1)(b) of this regulation. Final Notice — Referral to the CCU. The Authority may send to a person that has incurred unpaid final toll violations that total the amount established by the CCU, a final notice of possible referral to the CCU. The CCU shall act as the authorized agent for any civil action instituted for the collection of unpaid Final Toll Violations pursuant to Transportation Article, §21-1414(d)(6)(i), Annotated Code of Maryland. The amounts referred to the CCU for unpaid final toll violations may be included by the Authority to reach the threshold dollar amount of $1,000 for referral to the MVA of a vehicle registration for suspension in accordance with §B of this regulation. If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the final notice to avoid referral to the CCU, the Authority will refer those final toll violations to the CCU. A final notice of possible referral to the CCU shall advise the person of the total amount due to the Authority for each unpaid final toll violation that is included in the referral. A final notice of possible referral to the CCU shall advise the person that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral. A final notice of possible referral to the CCU shall advise the person of the additional fees that may be imposed by the CCU. Waiver of Tolls and Civil Penalties. Notwithstanding any provision of the electronic toll collection process as set forth in this chapter, until the Authority refers the debt to the CCU, the Authority may waive any portion of the video toll due or civil penalty assessed under Transportation Article, §21-1414, Annotated Code of Maryland. A person alleged to be liable who receives an NOTD or citation may request a waiver of any portion of the video toll due and the civil penalty. The person alleged to be liable shall provide documentation to the Authority to support the person’s request for the waiver. Waivers may be granted based upon, but not limited to, the following: Notice related issues, including, but not limited to, receipt or processing and handling delays; Extended absences of the person alleged to be liable, including, but not limited to, hospitalization, incarceration, and long-term out-of-State travel; License plate issues, including but not limited to, theft, fraud, or lost plates; Emergency traffic diversion onto a toll collection facility; and Payment error, including, but not limited to, referencing an incorrect payee, providing an incorrect payment amount, and using an incorrect mailing address for payment to the Authority. Additional information related to waivers is maintained by the Authority on its website. 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: Civil Penalty. The civil penalty included in a citation for a toll violation is $25. E-ZPass Account Maintenance Fee. The monthly E-ZPass account maintenance fee shall be set in accordance with Chapter .05 of this subtitle and will apply to applicable E-ZPass accounts. Insufficient Funds Fee. An additional fee shall be assessed on all checks returned for insufficient funds and the person shall submit the tolls, any civil penalties due, the returned check fee, and may be subject to subsequent fees by another method of payment, as specified by the Authority. Transponder. Any person opening an E-ZPass account must purchase a new or previously owned Maryland transponder in accordance with Regulation .03 of this chapter. Prices of transponders vary by make and model and may be found on the E-ZPass application. The person entering an installment plan shall pay the Authority the costs of administering the installment plan as a percentage of the total amount owed, which amount shall equal the amount authorized by the Central Collection Unit for collections in COMAR 17.01.01.07 Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland Effective date: April 20, 1998 (25:8 Md. R. 597) Chapter revised effective June 15, 2009 (36:12 Md. R. 837) Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779) Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544) Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796) Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8) Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544) Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267) Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544) Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796) Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8) Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544) Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8) Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796) In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland. "Authority" means the Maryland Transportation Authority. Authority Property. "Authority property" means property owned, leased, operated by, or under the control of, the Maryland Transportation Authority. "Authority property" includes a: Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland. “Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer. “Disabled vehicle” means a vehicle that has become inoperative on Authority property. “Impounded vehicle” means a vehicle that has been taken into police custody. “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland. “Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity. “Police” means: A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland. “State” means the State of Maryland. “Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles. Unattended Vehicle. “Unattended vehicle” means a vehicle that: Is parked on Authority property other than in a designated area; and Has not been occupied or attended for a period of 12 or more hours. “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland. “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland. 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. Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland Effective date: April 5, 1999 (26:7 Md. R. 545) Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891) Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574) This chapter describes the policies and procedures for providing financing for vehicle parking facilities in priority funding areas. 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. “Act” means Transportation Article, Title 4, Annotated Code of Maryland. "Authority" means the Maryland Transportation Authority. “Chairman” means the Secretary of the Maryland Department of Transportation. “Executive Director” means the Executive Director of the Maryland Transportation Authority. “Minority business enterprise” means a certified minority business enterprise under State Finance and Procurement Article, §14-301, Annotated Code of Maryland. “Nonprofit organization” means a not-for-profit corporation, foundation, or other legal entity that is exempt from federal income tax under §501(c)(3) of the Internal Revenue Code of 1986. “Priority funding area” means a priority funding area under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland. “Proposer” means a government agency, county, municipality, nonprofit organization, or private entity submitting a proposal to the Authority under this chapter. “Resolution” means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman. “Smart Growth” means the State Economic Growth, Resource Protection, and Planning Policy under State Finance and Procurement Article, Title 5, Subtitle 7B, Annotated Code of Maryland. “Successful proposer” means a proposer whose proposal for a vehicle parking facility project has been evaluated, and approved for financing by, the Authority. “Transit-oriented development” means a place of high population density that includes a mixture of residential, employment, shopping, and civic uses located near a bus or rail transit center. “Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility. 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: Be located in a designated priority funding area; and Generate sufficient revenue to: Recover all financing costs associated with bond issuance; Service all debt for each year the debt is outstanding and unpaid; and Meet the acquisition, construction, maintenance, and operation costs of the vehicle parking facility. 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: Reject any vehicle parking facility project proposal; Terminate evaluation of any vehicle parking facility project proposal; Suspend, discontinue, or terminate vehicle parking facility project agreement negotiations with a proposer; Request or obtain additional information about a vehicle parking facility project proposal; Decline to return any fees required of proposers under this chapter; or Complete a proposed vehicle parking facility project as a public project, using a plan or financial structure different from that proposed by a private entity. 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 conceptual overview of the proposed vehicle parking facility project that details the need for the project and compliance with local and State land use, Smart Growth, and transportation planning objectives; An independent feasibility report that includes an analysis of market demand, operational and maintenance costs, and revenue estimates; An engineering analysis of the project, including architecture and design proposal, and construction costs and time frame; A financing plan that illustrates all sources of funding, including: The extent of financial participation by the proposer and other entities as applicable; The extent of the Authority's ownership interest in the vehicle parking facility; Compensation for Authority administrative overhead costs; and A revenue structure that supports all operating and maintenance costs and debt service; Minority Business Enterprise participation plans, as applicable; A description of the operation, maintenance, enforcement, and security of the vehicle parking facility, provisions for project management during construction of the vehicle parking facility, provisions for audit of the vehicle parking facility revenues, and a plan for regular and ongoing reporting to the Authority on the vehicle parking facility project status; A proposed schedule for financing and construction of the vehicle parking facility; and Any other additional information, drawings, plans, reports, or estimates that the Authority requires. A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets, and shall provide any justification as to why these materials, upon request, should not be disclosed by the Authority under State Government Article, §§10-611—10-623, Annotated Code of Maryland. 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: The financing plan is allowable under any trust agreement between the Authority and a corporate trustee or the Act, or both, and provides for access to the necessary capital to finance the vehicle parking facility; Market demand and the amount of project debt can be supported by the projected revenue stream; Consistency with local and State planning, transportation, and Smart Growth plans; Integrity of engineering architectural and design specifications and accuracy of construction, operational, and maintenance costs; and Any other factor that the Authority considers relevant. 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. The Authority may charge an application fee or other fees reasonably related to the expenses it incurs in processing a proposal and in issuing the bonds. A successful proposer shall comply with all applicable federal, State, and local laws regarding discrimination and equal employment opportunity including: 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. A successful proposer shall comply, and remain in compliance, with the State's policy concerning drug-free and alcohol-free workplaces, as set forth in COMAR 01.01.1989.18, and shall make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from places at which work is performed in accordance with this chapter and the Act. The Authority may delegate to the Executive Director the authority to execute or approve any documents related to a vehicle parking facility project under this chapter or the Act. The Authority may waive or vary provisions of this chapter: 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. Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland Effective date: February 18, 2002 (29:3 Md. R. 222) Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260) Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260) Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260) This chapter applies to vehicles as defined in these regulations located on Authority property. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland. "Authority" means the Maryland Transportation Authority. Authority Property. "Authority property" means property owned, leased, operated by or under the control of the Maryland Transportation Authority. "Authority property" includes: A transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and An Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland. “Official sign” means a sign that conforms to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways as defined in Transportation Article, §25-104, Annotated Code of Maryland. “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland. “Police” means: A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland. Unattended Vehicle. “Unattended vehicle” means a vehicle that: Is parked on Authority property other than in a designated area; and Has not been occupied or attended for a period of 12 or more hours. “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland. “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland. 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: In front of, across, or blocking a driveway or gate; Within 15 feet of a fire hydrant or standpipe; On a sidewalk or in a crosswalk; Within 20 feet of a crosswalk at an intersection, or within 30 feet of the approach to any stop sign, yield sign, or traffic control signal; Within 20 feet of the pedestrian or vehicle entrance or access point to any building, except where designated for parking; Within 50 feet of the nearest rail of a railroad, except where designated for parking; In an area where stopping, standing, or parking is prohibited by an official sign, or by markings on the adjacent curb or pavement; On the roadway side of a vehicle stopped or parked at the edge of the roadway; On the roadway where parking is otherwise permitted but where any part of the nearest side of the parked vehicle is in excess of 12 inches from the nearest curb, side, or edge of the roadway; In such a way as to obstruct traffic; In such a way as to cause or be likely to cause a hazard to the health and safety of individuals on Authority property; In a designated handicapped parking space without displaying a valid handicapped registration plate or placard; In excess of a time limit on a time restricted space; or In an area designated for permit parking without displaying a valid parking permit. 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: A vehicle in violation of Regulation .04 of this chapter; A vehicle impeding the movement and handling of cargoes by its position; or An unattended vehicle. 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: Constitute a hazard to public safety; or Impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property. 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. The police may issue citations for violations committed under Regulation .04 of this chapter. A person receiving a citation for a parking violation shall: Pay for the parking violation; or Elect to stand trial for the violation. 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. If the person charged in the citation elects to stand trial, the person shall send a notice of intention to stand trial by mail to the Division of Finance, Maryland Transportation Authority, 300 Authority Drive, Baltimore, Maryland 21222, at least 5 days before the payment due date specified in the citation. If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request so on the notice electing trial that the officer appear. If the officer's presence is not specifically 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 facts stated in the citation. If a timely notice to stand trial is received, the Authority shall forward the notice and citation to the District Court, which shall schedule the trial and notify the person charged in the citation of the date, time, and location of the 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. Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland Effective date: April 11, 2005 (32:7 Md. R. 682) Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379) Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574) Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574) This chapter applies to the Maryland House and Chesapeake House Service Plazas and include the parking areas, restaurant and restroom facilities, service and repair stations, wooded areas, and other related public use areas. 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. Litter shall be placed in containers provided for that purpose. If recycling containers are provided, they shall be used only for the appropriate recycled materials. Smoking is not permitted inside any building. Visitors shall totally extinguish all cigarettes, cigars, and matches after use and before entering a building. An individual smoking near gasoline pumps and restaurants is subject to other applicable State laws and regulations. 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. Commercial vehicles may not use the service plaza public areas for interchanging, loading, unloading, servicing, or other commercial activities. Use of family restrooms is limited to those individuals caring for the needs of minor children and disabled adults. 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. The Maryland House and Chesapeake House Service Plazas are nonpublic forums. Public demonstration and assembly are prohibited. Destroying, injuring, disturbing, defacing, or tampering with any building structure, fixture, decoration, signage, furniture, merchandise, or any tree, plant, grass area, sidewalk, or other landscaping structure is prohibited. Any person who causes damage is liable for damage payments. The solicitation of alms, money, or contributions, commercial soliciting, the display of commercial advertising, political soliciting or advertising, or the collection of private debts are 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. Alcoholic beverages or other intoxicating substances may not be consumed on the premises of the service plazas. 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. Transportation Article, §4-205, Annotated Code of Maryland Effective date: April 11, 2005 (32:7 Md. R. 682) Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)