Chapter 03. Permits for Towing, Road Service, and Storage of Vehicles

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

Terms Defined.

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

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

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

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

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

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

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

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

Application for Permit.

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

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

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

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

Equipment.

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

Equipment Operators.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Permittee's Responsibility to Respond.

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

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

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

An equipment operator shall:

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

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

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

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

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

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

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

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

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

Miscellaneous Charges.

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

Exceptions.

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

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

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

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

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

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

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

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

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

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

The following actions are prohibited:

The police may issue citations to enforce these regulations.

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

Letter of Warning.

Suspension of Permit.

Revocation of Permit.

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

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

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

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

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