This chapter applies to: Interstate and intrastate motor carriers, including officers and employees who directly affect the safe transportation of hazardous materials, operating in Maryland and transporting hazardous materials; Those persons set forth in Transportation Article, §22-409(b), Annotated Code of Maryland; and The State, or political subdivisions of the State, transporting hazardous materials within the State, except as provided in §B of this regulation. The provisions of this chapter do not apply to law enforcement vehicles or other emergency service vehicles, such as fire and rescue vehicles, which transport hazardous materials required for the performance of their duties or services. In this chapter, the following documents are incorporated by reference. Documents Incorporated. 49 CFR §§107.501—107.504 (Subpart F). 49 CFR §§107.601—107.620 (Subpart G). 49 CFR §§171—180. 49 CFR §383.71. 49 CFR §1572. Transportation Article, §§12-104(b), 16-820, and 22-409, Annotated Code of Maryland Effective date: February 15, 1973 Regulations .01—.04 amended effective April 3, 1981 (8:7 Md. R. 642) Regulations .01—.04 repealed and new Regulations .01—.02 adopted effective March 23, 1998 (25:6 Md. R. 489) Regulation .02B amended effective August 23, 1999 (26:17 Md. R. 1324); February 4, 2002 (29:2 Md. R. 94) Regulation .02B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742) A governmental agency, or any other person, may not operate any vehicle as an emergency or service vehicle, as set forth in the Transportation Article, §§11-118 and 22-201, Annotated Code of Maryland, unless the governmental agency, or other person, shall make application for approval from the Administrator, upon forms and in such a manner as may be prescribed by the Administrator. The agency, or person, must be in receipt of the written approval before operation of the vehicles as emergency or service vehicles. Each vehicle and type of operation shall be listed on approval form with exceptions. The application for approval as emergency or service vehicles shall contain such information as may be required by the Administrator for each and every vehicle, with the exception of any governmental agency, or other person, which operates more than 20 vehicles in the same type of emergency or service operation. In that case, the Administration may accept a certification from the agency, or person, covering all vehicles engaged in similar operations. Notwithstanding the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, nothing shall prohibit the interstate operation through Maryland of out of state police vehicles, equipped with and displaying red and/or blue oscillating or flashing lights, and fire department vehicles, rescue squad vehicles or ambulances, equipped with and displaying red and/or white oscillating or flashing lights while en route, at the scene of, or returning from an emergency during the course of official duty. This regulation does not apply to vehicles engaged in an intrastate operation. Emergency type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with red and/or white oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale or, demonstration purposes. The use or display of these lights, in any manner, other than as provided for in Regulation .02, shall be deemed a violation of §22-218. Out-of-State service type vehicles of any governmental agency, tow trucks, slow moving farm vehicles, and rural letter carriers shall be permitted to operate interstate through Maryland equipped with and displaying amber, green, or yellow oscillating or flashing lights or signal devices in accordance with Transportation Article, §22-218, Annotated Code of Maryland, while on official duty and when that operation impedes the normal flow of traffic and becomes a hazard to other motorists. The exemption set forth in this section may not apply to vehicles engaged in an intrastate operation. Service type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with amber oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale, or demonstration purposes. The use or display of these lights, in any manner, other than as provided for in §B, shall be deemed a violation of §22-218. Transportation Article, §12-104(b), Annotated Code of Maryland Effective date: February 15, 1973 Regulation .03 amended effective October 31, 2022 (49:22 Md. R. 980) “Applicant” means for the purpose of administering Transportation Article, §21-1005, Annotated Code of Maryland, an individual who has a physical disability. The application form shall be distributed upon request by the Administration. The application shall be completed in full and signed by the applicant or the applicant's representative. An application not signed by the physically disabled applicant, or the parent or guardian of a minor applicant, will be rejected. The Administration shall mail permits to individuals whose applications have been approved. Applications received for residents of Baltimore City shall be forwarded to the Baltimore City Department of Transportation for processing. Applications received for residents of Baltimore County shall be forwarded to the Baltimore County Department of Traffic Engineering for processing. A signed or certified statement from a licensed physician is required for an application for a permit. This statement shall certify that the applicant has a permanent physical disability that: Requires the applicant to use a wheelchair to move about; or Is so severe that the applicant would endure a hardship or be subject to a risk of injury if the applicant should enter or leave a vehicle at a less convenient location. The Administration, at its discretion, may: Allow the physically disabled applicant to submit the statement from a licensed physician with the application; or Obtain the statement directly from the licensed physician. An applicant may be issued a permit for the use of only one reserved parking space. For the convenience of the applicant, an additional two permits for the use of the reserved parking space may be issued for vehicles belonging to members of the applicant's household. Permits are not transferable. Permits may only be used on household vehicles. The parking permit shall be displayed as specified by the Administration. The reserved parking space shall be located as near the front, side, or edge of the applicant's property line as possible. The reserved space may not be longer than 25 feet in length. A reserved parking space may not be authorized to the applicant whose property has adequate and accessible off-street parking available. A reserved parking space may not be authorized for any roadways that have parking or other restrictions prohibiting parking at any time. All reserved parking spaces on roadways that have established restrictions prohibiting parking at certain times shall also be restricted to the prohibited times. A vehicle using a reserved parking space shall be parked entirely within the space. Reserved parking spaces shall be used when possible instead of other public parking spaces. A handicapped parking sign shall contain a “wheelchair” symbol and the permit number, and be in a form specified by the Administrator of the State Highway Administration. Except in Baltimore City and Baltimore County, upon approval by the Motor Vehicle Administration, the State Highway Administration shall erect the authorized handicapped parking sign. In Baltimore City and Baltimore County, approval and erection of authorized handicapped parking signs shall be performed by the respective jurisdiction. A reserved space and all parking permits shall be immediately revoked by the Motor Vehicle Administration upon receiving evidence: Of false statements on the application; Of the misuse of the parking privilege; Of the rezoning or reclassification of the roadway restrictions to prohibit parking at any time; That the permit holder's disability has improved to the point where the permit holder can safely enter or leave a vehicle at a less convenient location; That the permit holder's dwelling unit or adjacent property has been modified to provide adequate and accessible off-street parking; or That the permit holder has failed or refused to provide documentation to substantiate the permit holder's continued need for reserved parking, when requested by the Administration. A copy of the application shall be forwarded to the State Highway Administration immediately after approval. Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland Effective date: November 19, 1973 Chapter revised effective June 30, 1978 (6:13 Md. R. 1064) Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338) Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338) Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229) Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020) The purpose of this chapter is to establish procedures for the revocation of disabled registration plates and parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland, if the Administration determines an individual has committed fraud, made any misrepresentation in applying for or using disabled registration plates or parking placard, or currently fails to meet the requirements for the issuance of disabled registration plates or parking placard. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Disabled registration plates” means special disabled registration plates issued by the Administration to individuals who meet the requirements under Transportation Article, §13-616, Annotated Code of Maryland. “Owner” means an individual issued disabled registration plates or a parking placard under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland. “Parking placard” means a disabled parking placard issued by the Administration to individuals with disabilities who meet the requirements of Transportation Article, §§13-616.1 or 13-616.2, Annotated Code of Maryland. “Revoke” means to cancel and recall disabled registration plates or parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland. Complaints made to the Administration regarding fraud or misrepresentation in applying for or using disabled registration plates or parking placards, or individuals with disabled registration plates or parking placards who do not meet the eligibility requirement shall be: Submitted in writing; Submitted on a form approved by the Administration; and Signed under penalties of perjury by the complainant. The Administration shall review the complaint and may conduct an investigation to determine if an individual with disabled registration plates or a parking placard: Committed fraud in the application for the disabled registration plates or parking placard; Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or Does not currently meet the eligibility requirements for the issuance of the disabled registration plates or parking placard. The Administration shall maintain a record of all investigations conducted regarding fraud, misrepresentation, or ineligibility of individuals with disabled registration plates or parking placards issued by the Administration for: 1 year from the date the investigation is closed, if no administrative action was taken to revoke the disabled registration plates or parking placard; or 8 years from the date the disabled registration plates or parking placards were revoked. The Administration may revoke an owner’s disabled registration plates or parking placard, if after an investigation, the Administration determines that the owner of the disabled registration plates or parking placard: Committed fraud in the application for the disabled registration plates or parking placard; Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or Does not currently meet the eligibility requirements for the issuance of disabled registration plates or parking placard. The Administration shall send a notice of the proposed revocation to the owner of disabled registration plates or parking placard, and that notice shall be: In writing; and Sent by U. S. mail to the individual at the address on record with the Administration. The notice shall advise the individual of the following: The date the disabled registration plates or parking placard will be revoked; The reason for the revocation of the disabled registration plates or parking placard; That an administrative hearing may be requested by sending a written request to the Administration within 15 days of the notice of revocation to appeal the decision to revoke the disabled registration plates or parking placard; That the effective date of the revocation will be stayed until a requested administrative hearing is conducted; and That the individual may be represented by an attorney at the administrative hearing. Failure to appear for the scheduled administrative hearing shall result in the immediate revocation of the disabled registration plates or parking placard. The owner shall surrender to the Administration all disabled registration plates or parking placards revoked by the Administration. Failure to surrender revoked disabled registration plates or parking placards will result in the Administration's issuance of an order to pick up the plates or placards. The Administration shall issue substitute registration plates to replace the surrendered disabled registration plates for the remainder of the registration period. If an individual’s disabled registration plates or parking placard has been revoked, before the issuance of new disabled registration plates or parking placard, the individual shall submit an application for the disabled registration plates or parking placard for investigation to determine the validity of the individual’s information on the application. Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland Effective date: March 13, 2006 (33:5 Md. R. 521) Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726) Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726) Except as provided in §B of this regulation, a person may not operate a motor vehicle without leaving enough space so that an overtaking vehicle may enter and occupy the space between the trucks unless the driver is in receipt of written approval from the Administration. A person may apply to the Administration for written approval for the operation of trucks in an electronically unified manner in conformity with Transportation Article, §21-310(f), Annotated Code of Maryland, and with this chapter. The applicant shall certify to the Administration that the trucks will be operated in conformity with this chapter and related policies or procedures established by the Administration. The driver shall carry copies of the written approval while operating the truck in a unified manner in accordance with this chapter. The applicant shall submit an Operational Plan to the Administration. The Operational Plan shall include: A description of the type of technology that is being utilized in the participating truck, including detailed descriptions of the vehicle safety features; The route information, including the locations, dates, and times of planned travel; The types of traffic and roadway conditions expected to be encountered; Any environmental condition limitations; A description of the driver training plan for drivers of the participating truck; and A company contact for the purpose of communication with the Administration. The Administration shall conduct a safety evaluation of the Operational Plan in consultation with appropriate agencies, including but not limited to the Maryland State Police, the Maryland Transportation Authority, and the Maryland Department of Transportation State Highway Administration. The Administration may: Approve the plan without changes; Request modifications to the Operational Plan; or Deny the Operational Plan. The Administration, the Maryland State Police, the Maryland Transportation Authority, or the Maryland Department of Transportation State Highway Administration may request an inspection of all technology and safety equipment prior to or any time after approval. The Administration reserves the right to withdraw written approval for any lawful reason, including but not limited to failure to comply with this regulation or any related policies or procedures established by the Administration. A driver may not operate a truck as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland: In a highway work zone as defined in COMAR 11.04.15.01B(5); While transporting hazardous materials as defined by the Hazardous Material Regulation of the U.S. Department of Transportation; While transporting loose materials as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland; On any road except a controlled access highway as defined in Transportation Article, §21-101(g), Annotated Code of Maryland; and While carrying an overweight or oversize load as defined in Transportation Article, §24-112, Annotated Code of Maryland. No more than two trucks may operate as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland. While traveling under the authority of an approval of this chapter, the driver shall comply with: The vehicle laws of Maryland; The regulations of this chapter; and Any other conditions, both general and specific, attached to the approval. When operating a truck under the approval of this chapter, the driver shall ensure the safety of the public. Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland Effective date: October 18, 2021 (48:21 Md. R. 890)