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<regulation prefix="Regulation" num=".16" citation="COMAR 11.15.22.16" title_num="11" subtitle_num="15" chapter_num="22" heading="Records and Audits.">
  <paragraph num="A.">
    <text>Duty to Maintain.</text>
    <paragraph num="(1)">
      <text>Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:</text>
      <paragraph num="(a)">
        <text>For records produced by a means other than a vehicle-tracking system:</text>
        <paragraph num="(i)">
          <text>The beginning and ending dates of the trip to which the records pertain;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The origin and destination of the trip;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The route of travel;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The beginning and ending reading from the odometer, hubodometer, engine control module (ECM), or any similar device for the trip;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The total distance of the trip;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The distance traveled in each jurisdiction; and</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>The VIN or equipment number;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>For records produced wholly or partly by a vehicle-tracking system, including a system based on the Global Positioning System (GPS):</text>
        <paragraph num="(i)">
          <text>The original GPS or other location data for the vehicle to which the records pertain;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The date and time of each GPS or other system reading;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The location of each GPS or other system reading;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The beginning and ending reading from the odometer, hubodometer, ECM, or any similar device for the period to which the records pertain;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The calculated distance between each GPS or other system reading;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The route of the vehicle’s travel;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>The total distance traveled by the vehicle;</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>The distance traveled in each jurisdiction; and</text>
        </paragraph>
        <paragraph num="(ix)">
          <text>The VIN or equipment number; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Summaries:</text>
        <paragraph num="(i)">
          <text>For each month, a summary of the fleet’s operations which includes both the full distance traveled by each apportioned vehicle in the fleet during the calendar month, and the distance traveled in the month by each apportioned vehicle in each jurisdiction; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For each calendar quarter, a summary of the fleet’s operations which includes both the full distance traveled by vehicles in the fleet during the calendar quarter, and the distance traveled in each jurisdiction by the vehicles in the fleet during the calendar quarters.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to Maintain Records.</text>
      <paragraph num="(a)">
        <text>If the records produced by the registrant for audit do not, for the registrant’s fleet as a whole, meet the criteria or if, within 30 calendar days of the issuance of a written request by the State of Maryland, the registrant produces no records, the State shall impose on the registrant:</text>
        <paragraph num="(i)">
          <text>First offense: An assessment in the amount of 20 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Second offense: The Administration shall impose an assessment of 50 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Third or subsequent offense: The Administration shall impose an assessment of 100 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The Administration shall distribute the amounts of assessment it collects under this subsection on a pro rata basis to the other jurisdictions in which the fleet was registered.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Audit of Records.</text>
    <paragraph num="(1)">
      <text>General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.</text>
    </paragraph>
  </paragraph>
</regulation>