An application for a taxicab driver's license shall be filed with the Public Service Commission at its offices in Baltimore in paper or electronic form. The application shall be on a form provided or prescribed by the Public Service Commission and all information required by the form shall be completed. Each applicant for a driver's license shall be fingerprinted. An application for a taxicab driver's license shall include two recent photographs, of a size which may be easily attached to the license, one of which shall be attached to the license when issued, the other shall be filed with the application in the Public Service Commission's office. The photographs may be taken by the Public Service Commission or provided by the applicant, as specified by the Public Service Commission. The Public Service Commission shall allow an applicant to submit an application electronically. An applicant for a taxicab driver’s license shall: Possess a valid driver’s license; Be at least 18 years of age; and Have at least 6 months of unrestricted licensed driving experience. Upon satisfactory fulfillment of the requirements of these regulations, there shall be issued to the applicant a taxicab driver's license in such form as the Public Service Commission may direct and which shall at all times be in the driver's possession when operating a taxicab. A licensee who defaces, removes, or obliterates any official entry made upon the taxicab driver's license shall be punished by the suspension or revocation of the license. Taxicab driver's licenses shall be valid for not less than 1 year and not more than 3 years, as determined by the Public Service Commission. There shall be delivered to each licensed taxicab driver an identification license of such form and style as the Public Service Commission may prescribe, with the taxicab cab driver's license number on it. The license shall be constantly and conspicuously displayed when engaged in operating a taxicab. The Public Service Commission may renew the taxicab driver's license by appropriate endorsement on it. A driver in applying for a renewal of a taxicab driver's license shall make the application on a form to be furnished by the Public Service Commission. The Public Service Commission shall keep a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations of the license. The record shall be kept on file with the original application of the driver for a taxicab driver's license. Disclosure of records shall be in accordance with Public Utilities Article, §10-104.1, Annotated Code of Maryland. A licensee, while operating a taxicab or assigned to operate a taxicab: Shall accept as passenger and convey where directed any orderly person, upon request, unless previously engaged or unable or forbidden by the provisions of these regulations or by other valid law or regulation to do so. Shall keep a current, written or electronic record of all trips on a manifest format approved by the Public Service Commission. The manifest shall be completed at or before reaching the destination of each trip. Shall proceed with passengers to their destination by the shortest practicable route. Shall give a receipt for fares on an authorized form or by electronic means when requested. May not operate a taxicab for more than 12 hours of any continuous 24 hour period. At all times, while on duty, shall have displayed in the interior of the taxicab, in the frame provided for it, the identification license. Shall charge only the rate of fare or charge established by law. Shall be responsible upon having been assigned to a taxicab to ascertain that the equipment in the cab is in good working order. A driver may not tamper with rate cards, the meter, meter light, cable, speedometer cable, or any other equipment required to be in the cab by law or that registers fares and charges. Shall permit representatives of the Public Service Commission, after proper identification, the right at any time to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the Public Service Commission's regulations have been violated. Shall display appropriate courtesy and consideration at all times. May not use profane or abusive conduct or language. Shall accept payment in the form of cash, debit card, or credit card, according to the choice of the passenger, or by other means when contractually required. The licensee: Shall report each change of residence within 72 hours to the Public Service Commission. Shall answer promptly all communications and summonses received from the Public Service Commission. When working on a commission basis, shall deliver all fares and all other legal charges received to the owner. May not operate a taxicab while the driver's taxicab or driver’s license is suspended or revoked. May not permit any other person to use the driver’s identification license. May not permit any other person to drive the taxicab and return the taxicab to the owner's garage upon completion of the shift to which the driver was assigned. Generally. When it appears that, by reason of the physical or mental condition of the applicant or by reason of a prior criminal record, the public convenience and necessity require an application for a license to be denied, the Public Service Commission shall refuse to issue the license. However, the applicant has the right to appeal from the refusal in the same manner as appeals may now be taken from other actions of the Public Service Commission. Physical or Mental Disability. An applicant may be denied a license, if he or she suffers from a serious physical or mental disability, including alcohol or drug related problems, which: Renders the applicant unfit for the safe operation of a taxicab; or Would otherwise jeopardize the public’s safety. The nature of any physical or mental disability, its relationship to the applicant's ability to drive a taxicab, and the severity of its occurrence shall be considered in determining the suitability of the applicant. Prior institutionalization for a physical or mental disability, including treatment for alcoholic or drug related problems, does not necessarily render an applicant unsuitable for a taxicab license. Criminal Record. An applicant may be denied a license if he or she has been convicted of a crime which bears a direct relationship to the applicant's fitness to serve the public as a taxicab driver. The Public Service Commission shall consider the applicant's age at the time of commission of any crime, the circumstances surrounding the crime, the time which may have elapsed since a conviction and the nature of the crime and frequency of the crime. The rehabilitation record and parole record, if any, of the applicant shall be considered in determining the suitability of the applicant for operating a taxicab. An application may not be denied solely because the applicant is on parole or probation. Juvenile dispositions under Courts and Judicial Proceedings Article, Title 3, Subtitle 8, Annotated Code of Maryland, or its predecessors relating to the delinquency of minors, probations before or without verdict, offense reports, arrest records, nolle prosequi and stet processus may not be considered in determining the suitability of any application for a license. The applicant's record of criminal convictions may be considered in determining the suitability of an applicant for a license. License Hearing Officer. The position of license hearing officer is created and vested with the power to hold hearings involving violations of the Public Service Commission's regulations governing, among others, taxicab drivers of Public Service Commission authorized taxicabs and taxicab companies. After hearing, and upon final order issued, if a taxicab driver's license is suspended or revoked, or a civil penalty is imposed, the licensee has the right to seek judicial review of the final order in the same manner as judicial review may now be sought from other orders of the Public Service Commission. Copies of charges against taxicab drivers and related decisions of the license hearing officer and the Public Service Commission will be furnished to the taxicab owner. Upon initial denial of a license, after administrative review, the applicant shall be informed by letter of the specific reasons for this denial, of his or her right to appeal the denial to the license hearing officer, of the manner in which the applicant may exercise this right, and of his or her right to legal representation. Accompanying, and in addition to, this letter, each applicant shall be sent a copy of the Public Service Commission's regulations. A denied applicant may request a hearing by writing to the Public Service Commission. Any party to a taxicab hearing shall have, in addition to any other rights to which he or she may be entitled by law, the right to: Summons witnesses, present evidence, and present argument; Conduct cross examination and submit rebuttal evidence; and Take depositions within or without the State, in accordance with the procedure provided by law or rule of court with respect to actions at law, subject to limitations imposed by the Public Service Commission to prevent undue delay. All admissible and relevant evidence, including records and documents in the possession of the Public Service Commission, shall be offered and made part of the record in any case. Other factual information or evidence, not part of the record, may not be considered by the Public Service Commission in the determination of the case. Prior to the hearing, the applicant or his representative shall be given an opportunity to inspect all pertinent records and documents, relating to the applicant or his record, in the possession of the Public Service Commission. If the applicant exercises the right to seek judicial review, a verbatim transcript of the hearing shall be made available to the applicant or his designated representative within 20 days after the hearing, upon payment of the cost of the transcript. The Public Service Commission may issue a temporary license to an applicant. Provided an application for a taxicab driver’s license includes a background check in accordance with Public Utilities Article, §10-104.1, Annotated Code of Maryland, an applicant may operate a taxicab on a provisional basis until the Public Service Commission renders a decision on the application for a temporary license. Except as provided in COMAR 20.90.01.09B, it shall be unlawful for any person to solicit for transport, transport, or agree to transport any person or his or her baggage in any taxicab unless the operator of the vehicle is duly licensed by the Public Service Commission. It shall be unlawful for any person owning or in charge of any vehicle to permit the vehicle to be used in violation of these regulations. Drivers of taxicabs shall be required to make maximum use of service communications with their operators or dispatchers in order to keep their cabs available for response to calls. Drivers of taxicabs may use electronic or other methods of service communication with operators or dispatchers, including through cellular connected smartphones, tablets, or computers. A taxicab driver may not solicit patronage of persons assembled at the termini of any other common carrier, or at intermediate points along any established route of those carriers, when those persons have assembled for the purpose of using the service of those common carriers, and may not leave their taxicab for the purpose of soliciting patronage of persons arriving at the termini. The regulation is not intended to prohibit, or interfere with, response to any call for a taxicab made by telephone or by signal from a pedestrian. Taxicabs which are being operated in Baltimore City may transport passengers from Baltimore City into Baltimore County and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore County at any time. Nothing in this regulation shall impede the operation of taxicabs between Baltimore City and Baltimore-Washington Thurgood Marshall International Airport in the manner permitted by law. A taxicab may not carry more than the maximum number of passengers specified by the vehicle manufacturer. More than one person may not occupy the front seat area with the driver. Taxicabs may be used to serve jointly from railroad stations or other public places of special assembly passengers or parties who are bound for the same, or approximately the same location, provided that a passenger or party who has engaged a taxicab may not be compelled to share the vehicle with others, if unwilling to do so. Drivers may not refuse service in order to effect more profitable grouping. When a taxicab is occupied by more than one passenger or party bound for different destinations, each passenger or party, as the case may be, shall be charged the fare recorded on the meter at the time of arrival at destination, except that a passenger or party may not be charged more than the fare applicable at the established rates for transportation over the shortest and most direct route. Solicitation of others while enroute to the destination of passengers or parties initially occupying the taxicab is prohibited. A taxicab driver may not operate the taxicab recklessly, in an unsafe manner, or in disregard of the general public or local laws or municipal ordinances governing the operation of motor vehicles. When on duty, taxicab drivers are prohibited from using taxicabs for any purpose other than the rendition of maximum service to the public in conformity with the Public Service Commission’s regulations. Taxicab drivers shall be clean and neatly dressed at all times while on duty. Taxicab drivers may not be permitted to smoke at any time in a taxicab. Highway or bridge toll charges shall be assessed only when a passenger elects to use a route where the charges occur. General. As used in this regulation, the terms “conviction” and “convicted of” include a finding of guilt in a criminal or motor vehicle proceeding, the entry of the plea of guilty or nolo contendere, a probation before judgment if the applicant has not yet completed the terms of the probation or if the applicant has been found to have violated the terms of probation, or has been found not criminally responsible pursuant to Maryland Rule 4-134. The terms of an applicant’s probation before judgment will be determined by referencing the sentencing and disposition date information contained in the background check or criminal history report provided with the application. Unless the background check or criminal history report indicates otherwise, there will be a presumption that the terms of the probation before judgment have been completed within the period indicated on the report and that the applicant has not violated the terms of the probation. Criminal Offenses. Tier 1 Felony Offenses involving a Crime of Violence. An individual may be denied a license for an indefinite period if the individual has been convicted of a crime of violence, as defined by Criminal Law Article, §14-101, Annotated Code of Maryland, including any conspiracy, solicitation, attempt, or accessory to such crime of violence. Crimes of violence include: Abduction; Arson in the first degree; Kidnapping; Manslaughter, except involuntary manslaughter; Mayhem; Maiming; Murder; Rape; Robbery, as defined by Criminal Law Article, §3-402 or 3-403, Annotated Code of Maryland, including robbery with a deadly weapon; Carjacking; Armed carjacking; Sexual offense in the first degree; Sexual offense in the second degree; Use of a handgun in the commission of a felony or other crime of violence; Child abuse in the first degree under Criminal Law Article, §3-601, Annotated Code of Maryland; Sexual abuse of a minor under Criminal Law Article, §3-602, Annotated Code of Maryland, if: The victim is under the age of 13 years and the offender is an adult at the time of the offense; and The offense involved vaginal intercourse, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; a sexual act, as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; an act in which a part of the offender’s body penetrates, however slightly, into the victim’s genital opening or anus; or the intentional touching, not through the clothing, of the victim’s or the offender’s genital, anal, or other intimate area for sexual arousal, gratification, or abuse; An attempt to commit any of the crimes as described in §B(1)(a)—(p) of this regulation; Continuing course of conduct with a child under Criminal Law Article, §3-315, Annotated Code of Maryland; Assault in the first degree; Assault with intent to murder; Assault with intent to rape; Assault with intent to rob; Assault with intent to commit a sexual offense in the first degree; and Assault with intent to commit a sexual offense in the second degree. Tier 2 Felony Offenses Other than Tier 1 Crimes of Violence. An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of any felony offense that is not defined as a crime of violence under Criminal Law Article, §14-101, Annotated Code of Maryland. Tier 2 felony offenses include: Any felony offense against a person including any assault or assault and battery that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, or any threat to commit such crime, or any violation of a restraining order; Any felony offense involving the illegal use or possession of weapons; Any felony offense involving the possession, importation, manufacture, distribution, or registration of a controlled dangerous substance, prescription drug, or other substance; Any felony offense involving the manufacture, sale, transport, or possession of explosives, or the intent to create an explosive device; Any felony offense involving criminal sexual assault that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, any type of sexual abuse, solicitation, pandering, prostitution, pimping, obscenity, pornography, possession of obscene material, exploitation, public indecency, sexual relations within families, or sexual misconduct; Any felony property offenses that are not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, including arson and burning, burglary and related crimes including home invasion, malicious destruction and related crimes, trespass, or crimes against a railroad; Any felony theft and related offenses; fraud and related offenses; offenses against public administration; offenses against public health, conduct, and sensibilities; indecency and obscenity; or gaming. Misdemeanor Offenses — Crimes of Violence. Except for driving offenses as described in §B of this regulation, an individual may be denied a license if, within a 3-year period prior to the date of the submission of the application, the individual has been convicted of any crime classified as a misdemeanor in the state of Maryland that involves violence against a person, including any conspiracy, solicitation, attempt, or accessory to such crime of violence. Multiple Disqualifying Offenses. Individuals who have been convicted of multiple criminal offenses as described in §B(2) and (3) of this regulation shall be subject to the following exclusion periods. Two or more felonies offenses. An individual may be denied a license if, within 10 years prior to the date of submission of the application the individual has been convicted of two or more Tier 2 felony offenses as described in §B(2) of this regulation, provided these crimes arose out of separate incidents. Three or more misdemeanor crimes of violence. An individual may be denied a license if, within 7 years prior to the date of submission of the application, the individual has been convicted of three or more misdemeanors as described in §B(3) of this regulation, provided each of these offenses arose out of separate incidents. Driving Offenses. Major Traffic Offenses Involving Fatalities. An individual may be denied a license for an indefinite period if the individual has been convicted of a traffic violation involving the negligent or reckless operation of a motor vehicle that resulted in a fatality, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide. Major Traffic Offenses Involving Alcohol or Controlled Substances. An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of a single major traffic violation involving the operation of a motor vehicle while under the influence of alcohol or a controlled substance; violating an interlock or alcohol restriction, leaving the scene of an accident, fleeing or evading police or resisting arrest while operating a motor vehicle or driving a motor vehicle when, as a result of a violation involving the use of alcohol or a controlled substance, the individual’s license is revoked, suspended, or canceled. If, within 15 years prior to the date of submission of the application, an individual has been convicted of 2 or more major traffic violations as described in §C(2)(a) of this regulation, the individual may be denied a license. Major Traffic Violations Not Related to Driving While Impaired by Alcohol or Controlled Substance. An individual may be denied a license if, within the 3-year period prior to the date of the application, the individual has been convicted of reckless or negligent driving, use of a text messaging device while driving or use of a handheld telephone while driving as described in the Maryland Transportation Article, §§21-1124.1 and 21-1124.2, Annotated Code of Maryland, if such use results in personal injury as noted on the applicant’s driving history report or Maryland Transportation Article, §21-1124.3, Annotated Code of Maryland, failure to stop for a police officer, speeding 31 MPH or more over the posted speed limit, street or drag racing, driving after the individual’s license has been withdrawn or revoked, driving with a counterfeit or altered license or making a material misrepresentation about a driving license or, as a result of the refusal of a chemical test, the individual’s license is revoked or suspended. An individual may be denied a license if, within the 5-year period prior to the date of the application, the individual has been convicted of two or more major traffic violations as described in §C(3) of this regulation. Multiple Moving Traffic Violations. An individual may be denied a license if, within the 4-year period prior to the date of the application, the individual has been convicted of four moving traffic violations. Offenses in Other Jurisdictions. All criminal and driving offenses described in this regulation are to be construed as including all violations of Maryland law and like or substantially similar violations of the laws of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction. Additional Factors — Mitigating or Aggravating. The Commission may consider the following factors in determining whether to grant a license prior to the expiration of the restriction periods as described in this section: The applicant’s age at the time of the commission of any crime or traffic violation; The circumstances surrounding the crime or traffic violation; The time elapsed since conviction; The nature of the crime or traffic violation; The number and frequency of convictions for criminal offenses or traffic violations; Documented character references; Documented treatment and/or rehabilitation records; Favorable parole/probation records; Documentation of favorable employment records; Family situation; Restitution made or being made to victims of the crime; Conduct since conviction; The applicant’s overall driving record during the restriction period; and The length of time the applicant has held a driving privilege. If the individual has been incarcerated, the applicant’s driving record since release from incarceration. Open Charges in Pending Applications. The Commission may defer a decision on a pending application until any open Tier 1 or Tier 2 Criminal Offenses as described in §A of this regulation or major traffic violations as described in §B of this regulation are resolved. Sex Offender Registry. An individual may be denied a license for an indefinite period if the individual is listed on the national sex offender registry or the sex offender registry of any state. Public Utilities Article, §§2-121, 4-503, 5-101, 10-101—10-107, 10-110, 10-202, 10-208, 10-209, and 10-210, Annotated Code of Maryland Effective date: March 1, 1972 (Order No. 59667) Regulation .01 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .02 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .03 repealed effective November 11, 1993 (20:22 Md. R. 1709) Regulation .04 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .05 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .06 amended effective September 28, 1992 (19:19 Md. R. 1713); June 5, 2017 (44:11 Md. R. 525) Regulation .07 amended effective June 5, 2017 (44:11 Md. R. 525) Regulations .07B, C and .08B—F adopted effective August 5, 1974 (Order No. 60885) Regulation .08 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .09 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .10A amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .11 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .12 amended effective February 22, 1980 (7:4 Md. R. 352) Regulation .12B, C amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .13 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .15 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .16 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .17 amended effective June 5, 2017 (44:11 Md. R. 525) Regulation .19 adopted effective November 19, 1969 (Order No. 57900); amended November 15, 1977 (Order No. 62596) Regulation .19 repealed effective September 2, 1991 (18:17 Md. R. 1921) Regulation .19 adopted effective February 26, 2018 (45:4 Md. R. 207)