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<chapter num="22" heading="Apportioned Registration of Fleet Vehicles" title_num="11" subtitle_num="15">
  <regulation prefix="Regulation" num=".01" heading="Purpose.">
    <text>The purpose of these regulations is to establish regulations and procedures to implement the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by Transportation Article, §12-406, Annotated Code of Maryland.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Scope.">
    <paragraph num="A.">
      <text>Registration Recognition. Vehicles proportionally registered in jurisdictions which have entered into proportional registration agreements, including the international registration plan, under this chapter and have paid fees to the State will be deemed to be fully registered in this State for any type of movement or operation, if the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulatory agency.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Other Fees Not Waived. This proportional registration agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operation of vehicles other than the apportionable fees as defined in this chapter. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws of each jurisdiction.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Base Jurisdiction Choice. Registrants based in any jurisdiction other than a member jurisdiction, who have been licensing vehicles in any member jurisdiction under the basing point, allocation, or proration forms of registration may declare the State as a base jurisdiction for purposes of the agreements until such time as the registrant's base jurisdiction becomes a member jurisdiction if the most miles travelled among the member jurisdictions are in Maryland.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Options of Registrants.</text>
      <paragraph num="(1)">
        <text>The registrant may choose to fully register in any jurisdiction or purchase a limited number of trip permits instead of apportioned registration.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The registrant may divide his vehicles into any number of fleets.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of “apportionable vehicle” may be proportionally registered at the option of the registrant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>Other General Regulations.</text>
      <paragraph num="(1)">
        <text>Apportionable vehicles registered non-proportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the State in their apportionment shall be subject to the restrictions contained in Transportation Article, § 12-406, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Rental vehicles subject to Transportation Article, §§12-104(b), and 12-403—12-414, relating to apportioned rental vehicles which are not proportionally allocated or registered with the State shall be subject to the restrictions contained in Transportation Article, §12-104(b) relating to rental car agencies.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A vehicle based in the State for use only in the State or nonmember jurisdictions, or both, shall continue to be registered in the State on a nonapportioned basis.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Member Jurisdictions — Repealed" />
  <regulation prefix="Regulation" num=".04" heading="Definitions.">
    <paragraph num="A.">
      <text>The following words and terms have the following meanings, unless the context clearly indicates otherwise.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Administration” means the Motor Vehicle Administration.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Agent-lessor” means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Applicant” means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Apportionable fee” means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:</text>
        <paragraph num="(a)">
          <text>Registration fees; and</text>
        </paragraph>
        <paragraph num="(b)">
          <text>License or weight fees.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>“Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:</text>
        <paragraph num="(a)">
          <text>Having a gross vehicle weight in excess of 26,000 pounds;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Having three or more axles, regardless of weight; or</text>
        </paragraph>
        <paragraph num="(c)">
          <text>If used in combination, with the gross weight of a combination exceeding 26,000 pounds.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(6)">
        <text>“Audit” means the examination of a registrant’s records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and evaluate the accuracy of the registrant’s distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years</text>
      </paragraph>
      <paragraph num="(7)">
        <text>“Auxiliary axle” means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>“Average per-vehicle distance” means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.</text>
      </paragraph>
      <paragraph num="(9)">
        <text>“Base jurisdiction” means for the purpose of fleet registration, the jurisdiction where:</text>
        <paragraph num="(a)">
          <text>The registrant has an established place of business;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Mileage is accrued by the fleet; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Operational records of the fleet are maintained or can be made available.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(10)">
        <text>“Base plate” means the registration plate, or plates, issued by the base jurisdiction, identified by having the word “APPORTIONED” and the base jurisdiction's name on the plate.</text>
      </paragraph>
      <paragraph num="(11)">
        <text>“Bilateral agreement” means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.</text>
      </paragraph>
      <paragraph num="(12)">
        <text>“Cab card” means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:</text>
        <paragraph num="(a)">
          <text>The make and VIN of the vehicle;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The base plate number,</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The jurisdictions in which the vehicle is registered;</text>
        </paragraph>
        <paragraph num="(d)">
          <text>The registered gross weight for each jurisdiction;</text>
        </paragraph>
        <paragraph num="(e)">
          <text>Any other information deemed necessary.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(13)">
        <text>“Carrier” means an individual, partnership, or corporation engaged in the business of transporting goods or persons.</text>
      </paragraph>
      <paragraph num="(14)">
        <text>“Credentials” means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.</text>
      </paragraph>
      <paragraph num="(15)">
        <text>“Established place of business” means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:</text>
        <paragraph num="(a)">
          <text>A telephone publicly listed in the name of the fleet registrant;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A person conducting the fleet registrant's business; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The operational records of the fleet unless the records can be made available.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(16)">
        <text>“Equipment number” means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.</text>
      </paragraph>
      <paragraph num="(17)">
        <text>“Fleet” means one or more apportionable vehicles.</text>
      </paragraph>
      <paragraph num="(18)">
        <text>“Household goods” means:</text>
        <paragraph num="(a)">
          <text>Personal effects and property used or to be used in a dwelling when the household goods are part of the equipment or supply of the dwelling;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Articles including objects of art, displays, and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(19)">
        <text>“Hunter's permit” means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.</text>
      </paragraph>
      <paragraph num="(20)">
        <text>“In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.</text>
      </paragraph>
      <paragraph num="(21)">
        <text>“International Registration Plan (IRP)” means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.</text>
      </paragraph>
      <paragraph num="(22)">
        <text>“Interstate operations” means vehicle movement between or through two or more jurisdictions.</text>
      </paragraph>
      <paragraph num="(23)">
        <text>“Intrastate operations” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.</text>
      </paragraph>
      <paragraph num="(24)">
        <text>“IVMR” means individual vehicle mileage record.</text>
      </paragraph>
      <paragraph num="(25)">
        <text>“Jurisdiction” means:</text>
        <paragraph num="(a)">
          <text>A state, territory or possession of the United States;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The District of Columbia;</text>
        </paragraph>
        <paragraph num="(c)">
          <text>A state or province of a country.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(26)">
        <text>“Lease” means a written document vesting exclusive possession and control of a vehicle owned by another.</text>
      </paragraph>
      <paragraph num="(27)">
        <text>“Lessor” means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).</text>
      </paragraph>
      <paragraph num="(28)">
        <text>“Long-term lease” means a lease having a term of 30 days or more.</text>
      </paragraph>
      <paragraph num="(29)">
        <text>“Member jurisdiction” means a jurisdiction which is a party to the International Registration Plan.</text>
      </paragraph>
      <paragraph num="(30)">
        <text>“Negotiable title” means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.</text>
      </paragraph>
      <paragraph num="(31)">
        <text>“Operational records” means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.</text>
      </paragraph>
      <paragraph num="(32)">
        <text>“Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.</text>
      </paragraph>
      <paragraph num="(33)">
        <text>“Power unit” means a vehicle which is self propelled by power other than muscular power.</text>
      </paragraph>
      <paragraph num="(34)">
        <text>“Preceding year” means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.</text>
      </paragraph>
      <paragraph num="(35)">
        <text>“Reciprocity” means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.</text>
      </paragraph>
      <paragraph num="(36)">
        <text>“Reciprocity agreement” means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.</text>
      </paragraph>
      <paragraph num="(37)">
        <text>“Registrant” means a person, firm, or corporation in whose name an apportioned vehicle is registered.</text>
      </paragraph>
      <paragraph num="(38)">
        <text>“Registration year” means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.</text>
      </paragraph>
      <paragraph num="(39)">
        <text>“Rental fleet” means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.</text>
      </paragraph>
      <paragraph num="(40)">
        <text>“Rental owner” means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.</text>
      </paragraph>
      <paragraph num="(41)">
        <text>“Rental vehicle” means a vehicle of a rental fleet.</text>
      </paragraph>
      <paragraph num="(42)">
        <text>“Renting or leasing” means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.</text>
      </paragraph>
      <paragraph num="(43)">
        <text>“Restricted plate” means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.</text>
      </paragraph>
      <paragraph num="(44)">
        <text>“Road tractor (mobile home toter)” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.</text>
      </paragraph>
      <paragraph num="(45)">
        <text>“Short term lease” means a lease having a term of less than 30 days.</text>
      </paragraph>
      <paragraph num="(46)">
        <text>“Temporary authority” means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.</text>
      </paragraph>
      <paragraph num="(47)">
        <text>“Total miles” means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.</text>
      </paragraph>
      <paragraph num="(48)">
        <text>“Tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.</text>
      </paragraph>
      <paragraph num="(49)">
        <text>“Trip permit” means a temporary permit issued by a jurisdiction instead of regular apportioned registration.</text>
      </paragraph>
      <paragraph num="(50)">
        <text>“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.</text>
      </paragraph>
      <paragraph num="(51)">
        <text>“Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.</text>
      </paragraph>
      <paragraph num="(52)">
        <text>“Vehicle-tracking system” means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.</text>
      </paragraph>
      <paragraph num="(53)">
        <text>“VIN” means vehicle identification number.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Application for Proportional Registration.">
    <paragraph num="A.">
      <text>General. Application for registration of vehicles under this subtitle shall be made on a form furnished by the Administration.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Contents of the Application.</text>
      <paragraph num="(1)">
        <text>Schedule A/C (Form IRP A/C) shall contain a description of each power unit, trailer, semi-trailer, and auxiliary axle and be accompanied by a uniform mileage schedule.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Schedule B (Form IRP B).</text>
        <paragraph num="(a)">
          <text>The initial or renewal application for proportional registration shall contain the mileage data in all jurisdictions for the preceding year for each vehicle or vehicles.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>If no operations were conducted with any vehicle or vehicles during the preceding year, the application shall use the average per-vehicle distance.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The applicant shall determine the in-jurisdiction and total miles to be used in computing the proportional registration fee for the vehicle.</text>
        </paragraph>
        <paragraph num="(d)">
          <text>Changes to an original or renewed application may be made after it has been filed by notifying the Motor Carrier Services Section prior to payment.</text>
        </paragraph>
        <paragraph num="(e)">
          <text>The Maryland IRP registration period is staggered on a period determined by the Administration.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Evidence of Ownership. The owner or lessor of a vehicle to be proportionally registered shall hold in their name a Maryland certificate of title or a negotiable title issued in another jurisdiction for each vehicle.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Registration Criteria — Owner-Operator Vehicles.">
    <paragraph num="A.">
      <text>Proportional Registration. Effective with the 1988 registration year, owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in either of the following methods:</text>
      <paragraph num="(1)">
        <text>Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator's name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Trip Permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with Maryland shall be subject to the trip permit requirements of this chapter.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Registration Criteria — Leased Vehicles.">
    <paragraph num="A.">
      <text>General.</text>
      <paragraph num="(1)">
        <text>For purposes of proportional registration, the long-term lessee-operator of a vehicle shall be responsible for its registration, that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The Maryland credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>If the lease of a vehicle is terminated, the lessee-operator shall transfer the Maryland registration to another vehicle which replaces it in the fleet.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>A renewal or series of renewals of a short-term lease covering the same vehicle or vehicles shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Temporary Leases.</text>
      <paragraph num="(1)">
        <text>If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily leased vehicle.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The temporarily leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions displayed on the cab card.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".08" heading="Registration Criteria — Household Goods Carriers.">
    <text>Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:</text>
    <paragraph num="A.">
      <text>If the household goods carrier elects the base jurisdiction of the service representative, the vehicles shall be registered in the service representative's name and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall be kept or made available in the service representative's base jurisdiction.</text>
    </paragraph>
    <paragraph num="B.">
      <text>If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".09" heading="Registration Criteria — Rental Vehicles.">
    <paragraph num="A.">
      <text>Rental owners.</text>
      <paragraph num="(1)">
        <text>All rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Maryland to apportion the rental fleets.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The operational records of the rental fleet shall be maintained by the rental owner.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Tractor, Truck-tractor and Truck Fleet Registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Maryland excluding one-way vehicles, and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Schedule A/C (Form IRP A/C) and Schedule B (Form IRP B).</text>
    </paragraph>
    <paragraph num="C.">
      <text>Trailers and Semitrailers in Pool Fleets.</text>
      <paragraph num="(1)">
        <text>Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Maryland and one or more other jurisdictions may, instead of full registration of each vehicle in Maryland, register the number of trailers and semitrailers determined as follows: Divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in Maryland by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions and multiply the quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction. Monthly summaries shall be supported by rental settlement contracts. Yearly earnings shall be supported by the company's financial statements and copies of federal and State income tax returns.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Utility Trailers.</text>
      <paragraph num="(1)">
        <text>Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register a number of trailers equal to or more than the average number of the trailers rented in or through Maryland during the preceding year.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Records.</text>
        <paragraph num="(a)">
          <text>Monthly and yearly records shall be maintained to reflect accurately the inventory count and Maryland registrations.</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Inventory records shall include a:</text>
          <paragraph num="(i)">
            <text>Count of the vehicles not rented located in each jurisdiction at the time of inventory count;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Listing of registration plate numbers and dates purchased each year.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(c)">
          <text>Registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(3)">
        <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Maryland registration.</text>
      </paragraph>
    </paragraph>
    <paragraph num="E.">
      <text>One-way Fleet Vehicles.</text>
      <paragraph num="(1)">
        <text>Rental owners who rent or lease trucks having a registered weight of less than 26,000 pounds in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register the number of trucks determined as follows: In each weight class divide the mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Maryland registration.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".10" heading="Changes in Apportionable Vehicle Fleets.">
    <paragraph num="A.">
      <text>Registration of Vehicles Added to Fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Withdrawal and Replacement of Vehicles from Fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:</text>
      <paragraph num="(1)">
        <text>If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Administration on the appropriate form.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Administration will issue a new cab card and transfer the registration for the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the fees paid with respect to the vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with §A, unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Increase in Registered Weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".11" heading="Temporary Registration.">
    <paragraph num="A.">
      <text>Maryland Temporary Authorization Certificates.</text>
      <paragraph num="(1)">
        <text>Temporary authorization certificates may be obtained from the Motor Carrier Services Section of the Administration by apportioned vehicle registrants for use on an additional vehicle or when it is necessary to increase a vehicle's registered weight. The registrant's fees on its original apportioned registration application shall be paid before approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The Administration may suspend the proportional registration privileges of any carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Trip Permits.</text>
      <paragraph num="(1)">
        <text>Seventy-two hour trip permits may be obtained from the Administration or authorized issuing agents for the occasional or emergency operation into or through Maryland of vehicles registered in member jurisdictions but not proportionally registered in the State.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Each trip permit shall be carried in the cab of the vehicle for which the permit is issued.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Hunter's Permits. Twenty-day hunter's permits may be obtained from the Administration or authorized issuing agents for use by owner-operators whose lease with a carrier has terminated or for newly purchased vehicles.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".12" heading="Billing and Payment Procedures.">
    <paragraph num="A.">
      <text>Billing Notices. Upon the approval of an application for apportioned registration, the Administration will provide a billing notice to the registrant shown on the application. The notice will list the amount of all registration fees due to the State of Maryland as well as the apportioned registration fees due to each member jurisdiction.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Payment Procedures. Payment of the apportioned registration fees due to the Administration shall be made payable to the Motor Vehicle Administration (MVA).</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".13" heading="Registration Credentials.">
    <paragraph num="A.">
      <text>Vehicle Identification.</text>
      <paragraph num="(1)">
        <text>Issuance of Plate and Cab Cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Administration shall issue the following to Maryland based carriers:</text>
        <paragraph num="(a)">
          <text>A Maryland base plate bearing the legend “apportioned”;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>An apportioned cab card containing the following information:</text>
          <paragraph num="(i)">
            <text>Name and address of the registrant;</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Make and VIN of the vehicle;</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Maryland registration plate number and registered gross weight for Maryland;</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Name of each jurisdiction in which apportioned and registered gross weight for each jurisdiction; and</text>
          </paragraph>
          <paragraph num="(v)">
            <text>Other information as the Administration shall deem necessary.</text>
          </paragraph>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>Display. Credentials issued by the Administration shall be maintained or displayed as required by Transportation Article, §§13-409 and 13-411, Annotated Code of Maryland. The cab card shall be carried in the vehicle for which it is issued.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Replacement of Credentials.</text>
      <paragraph num="(1)">
        <text>Application. If a Maryland apportioned registration plate or cab card is defaced, lost, or stolen, the carrier shall apply for a replacement on the appropriate form furnished by the Administration accompanied by the fee provided in this chapter.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Replacement at Transfer. Application for replacement of a lost or stolen registration plate may not be accepted with a registration transfer application unless the cab card is surrendered with the supplement registration application.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Cab Cards. Application for replacement of a lost cab card may not be accepted at the time a supplemental registration application is filed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>Cancellation. The Administration may cancel or suspend apportioned registration plates, cab cards, and temporary registrations as authorized by Transportation Article, §13-705, Annotated Code of Maryland. Apportioned registration plates and cab cards shall be returned to the Administration when the registration is no longer required or is suspended or cancelled.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".14" heading="Fees.">
    <paragraph num="A.">
      <text>General. Registration fees for apportionable vehicle services shall be determined as follows.</text>
      <paragraph num="(1)">
        <text>For Non-Dump Service Vehicles.</text>
        <paragraph num="(a)">
          <text>Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:</text>
          <paragraph num="(i)">
            <text>Mileage accrued within Maryland; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Mileage accrued in any nonmember jurisdiction which does not apportion registration fees but which grants reciprocity.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Multiply the fee for each vehicle for each jurisdiction by the percentage factor obtained in §A(1) for each jurisdiction.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Add the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>For Dump Service Vehicles.</text>
        <paragraph num="(a)">
          <text>Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:</text>
          <paragraph num="(i)">
            <text>Mileage accrued within Maryland; and</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Mileage accrued in any nonmember jurisdiction which does not apportion registration fees, but which grants reciprocity.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(b)">
          <text>Multiply the fee for each vehicle for each jurisdiction, except Maryland, by the percentage factor obtained in §A(2)(A) of this regulation for each jurisdiction.</text>
        </paragraph>
        <paragraph num="(c)">
          <text>Add the total Maryland registration fee to the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Trailer and Auxiliary Axle Fees. The fee for the proportional registration fees of trailers, semitrailers, and auxiliary axles shall be computed for those jurisdictions which require it by using the same factor which determined the in-jurisdiction and total miles in §A. Since Maryland does not apportion these vehicles, the regular Maryland registration fee for trailers will be added to the apportioned fees.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Additional Vehicle Fees.</text>
      <paragraph num="(1)">
        <text>If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Administration for Maryland registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>A registration transfer fee shall be paid in all cases.</text>
      </paragraph>
    </paragraph>
    <paragraph num="D.">
      <text>Weight Increase. The fee for obtaining a higher registered gross weight for a vehicle shall be determined by multiplying the difference between the fees for the old and the new weight classifications by the applicable mileage percentage factors.</text>
    </paragraph>
    <paragraph num="E.">
      <text>Cab Cards. The fee for a new cab card, issued in connection with the filing of a supplemental application requiring no additional Maryland registration fees, is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Duplicate Cab Cards. The fee for each duplicate cab card is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="G.">
      <text>Transfer of Registration. The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="H.">
      <text>Temporary Authorization Certificate. The fee for each temporary authorization certificate is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="I.">
      <text>Hunter's Permit. The fee for a hunter's permit is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="J.">
      <text>Trip Permit. The fee for a trip permit is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="K.">
      <text>Nontitled Fleet Registration. The fee for establishing a registration record for an apportioned vehicle not titled in this State is as set forth in COMAR 11.11.05.</text>
    </paragraph>
    <paragraph num="L.">
      <text>Refunds — Maryland Fees. A refund of Maryland's apportioned registration fees will be made if any of the following occur:</text>
      <paragraph num="(1)">
        <text>A billing error of a jurisdiction;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>A duplication of registration fees paid for the same apportioned vehicle;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Payment in error of a full fee for a Maryland registration plate when only an apportioned registration is required;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>An overpayment as determined by audit; or</text>
      </paragraph>
      <paragraph num="(5)">
        <text>A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".15" heading="Enforcement.">
    <paragraph num="A.">
      <text>Enforcement Date. A Maryland apportioned registration plate shall be attached to a vehicle and the appropriate unexpired cab card carried in the vehicle.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Notification of Extension. If the extension of the enforcement date is necessary for any reason, the Administration will notify the law enforcement agency of each jurisdiction of the extension.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".16" 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>
  <annotations>
    <annotation type="Authority">Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: June 27, 1988 (15:13 Md. R. 1557)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)</annotation>
  </annotations>
</chapter>