Chapter 02. Taxicabs — Control and Operation
Regulation .01 Authority.LinkCopy Citation
The Public Utilities Article, Annotated Code of Maryland, provides that the Public Service Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Public Service Commission.
Regulation .02 Applicability.LinkCopy Citation
These regulations apply to the operation of taxicabs authorized in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.
Regulation .03 Saving Clause.LinkCopy Citation
The formulation of these regulations does not preclude the Public Service Commission from altering or amending them in whole or in part, or from requiring any other additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of a taxicab owner. Furthermore, these standards do not relieve an owner or operator of a taxicab from any of his duties under any orders of the Public Service Commission which are not in conflict with these regulations under the laws of this State.
Regulation .04 Definitions.LinkCopy Citation
A.
In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Allocated Space” is a three dimensional space that can accommodate a wheelchair or similar mobility aid.
(2)
“Commission” means the Public Service Commission of Maryland.
(3)
“Company” includes every corporation, association, partnership, group of individuals, or individual, owning, controlling, operating, or managing one or more taxicabs.
(4)
Inspection Certificate.
(a)
“Inspection certificate” means a numbered certificate issued in a form authorized by the Maryland State Police and issued by a facility licensed by the Maryland State Police to perform motor vehicle safety inspections, or issued by a facility licensed by an adjacent state or the District of Columbia to perform motor vehicle safety inspections and in a form acceptable to the licensing authority of the adjacent state or the District of Columbia, if the Commission determines or has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police.
(b)
“Inspection certificate” does not include a vehicle inspection report or sticker.
(5)
“Model year” means the year which appears on the Vehicle Registration Certificate.
(6)
“Operator” means a person engaged in driving a taxicab for which a permit has been issued.
(7)
“Owner” means the individual, partnership, or company to whom a permit has been issued.
(8)
“Permit” means a permit issued by the Public Service Commission of Maryland authorizing the operation of a motor vehicle as a taxicab subject to any requirements for operation contained in the permit and authorized by this chapter.
(9)
“Stand” means any area or space designated for taxicab use by a public authority.
(10)
“State” means the State of Maryland.
(11)
Taxicab, Taxi, or Cab.
(a)
“Taxicab”, “taxi”, or “cab” means a motor vehicle for hire, (other than a vehicle operated, with the approval of the Public Service Commission, between fixed termini on regular schedules) designed to carry seven persons or fewer, including the driver, used for the purpose of accepting or soliciting for transportation members of the public for hire between such points, along the public streets, as the passengers may direct.
(b)
“Taxicab,” “taxi”, or “cab” includes a motor vehicle that is:
(i)
Painted, identified, or lettered to resemble the distinctive color scheme or markings of a taxicab;
(ii)
Equipped with a rooftop dome light;
(iii)
Advertised as a taxicab service;
(iv)
Dispatched to pick up a customer calling for a taxicab;
(v)
Dispatched from a telephone number or other source identified or advertised as providing taxicab service;
(vi)
Used to provide taxicab service to a customer through street hail or taxi stand; or
(vii)
Equipped with a taximeter or other device the Public Service Commission approves for measuring the charges for service.
(12)
“Wheelchair accessible vehicle” means a taxicab compliant with the Americans with Disabilities Act (ADA) and the provisions of 49 CFR Part 38.1—38.39 and that is designed and intended to be used for the purpose of transporting persons who use wheelchairs or scooters.
Regulation .05 Exemption Operation — Repealed.LinkCopy Citation
Regulation .06 Requirement of Permit.LinkCopy Citation
A.
A taxicab may not be operated until a permit has been obtained from the Public Service Commission for the authorized jurisdiction in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.
B.
Permits may not be transferred without the consent of the Public Service Commission.
C.
A charge will not be made for the issuance of any permit.
D.
When the taxicab is on duty, the holder of a permit is required to operate the taxicab the permit identifies in such manner as to render maximum service to the public, in conformity with Commission regulations. A taxicab may not be kept idle while there is a demand for service.
E.
The holder of a taxicab permit that has not recorded a minimum of 12,000 miles of operation per calendar year may be required to show good cause for the apparent lack of usage, or be subject to revocation of the permit.
F.
A permit holder shall notify the Public Service Commission within 72 hours of any change of address.
Regulation .07 Call Service.LinkCopy Citation
A.
Drivers of taxicabs shall make maximum use of service communications with their operators or dispatchers in order to keep their cabs available for response to calls.
B.
Drivers of taxicabs may use electronic methods of service communication with operators or dispatchers, including through cellular connected smartphones, tablets, or computers.
Regulation .08 Operating Associations.LinkCopy Citation
Every taxicab shall be operated as a unit of an effective operating group of sufficient number and equipped with communication facilities for rendering satisfactory call service, unless expressly exempted by the Public Service Commission. Owners of small fleets or single taxicabs shall operate as members of a satisfactory operating association and the association shall be equipped with adequate call facilities, so located as to serve all parts of the jurisdiction, as the case may be, and to make possible the effective direction and supervision of call service.
Regulation .09 Prohibited Operations.LinkCopy Citation
A.
An owner of a taxicab, driver, or other employee or agent, may not solicit patronage of persons assembled at the termini of any other common carrier, or at intermediate points along an established route of the carrier, when the persons have assembled for the purpose of using the service of the common carrier. This 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.
B.
Taxicabs which are being operated in Baltimore County and other counties or political subdivisions outside of Baltimore City may transport passengers from those points into Baltimore City and may return for the same passengers. Passengers may not be solicited by these taxicabs within Baltimore City at any time.
C.
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.
Regulation .10 Posting Schedule of Fares and Consumer Rights.LinkCopy Citation
A.
The authorized schedule of fares shall be printed and posted in each taxicab in such manner that passengers can readily determine the exact rate of fare payable by them. It shall be unlawful to collect any fare other than that appearing on, and determinable from, the schedule. Every driver, when requested by the passenger, shall give a receipt in paper form or by electronic means.
B.
An electronic receipt shall show:
(1)
The operator's name;
(2)
The time and place of beginning and of termination of the trip;
(3)
The total time of the trip;
(4)
The amount of fare charged, including an explanation of any additional charges;
(5)
The driver’s Public Service Commission license number;
(6)
The company name; and
(7)
A customer support telephone number and an email address or hyperlink or both, for passenger inquiries, as well as instructions for filing a complaint with the Public Service Commission.
C.
The Consumer Bill of Rights shall:
(1)
Be conspicuously displayed in the rear area of the taxicab;
(2)
Be posted in an accessible format on the taxicab association’s website and on any electronic media that the taxicab association maintains; and
(3)
Be provided by the taxicab association in Braille or in large print upon customer request.
D.
The taxicab association website shall state that the Consumer Bill of Rights will be provided in Braille and large print upon request.
Regulation .11 Change of Rates.LinkCopy Citation
Statutory notice of 30 days shall be given of any intended change of rates or fares. A change may not become effective on less than the statutory notice except by special order of the Public Service Commission.
Regulation .12 Records and Reports.LinkCopy Citation
A.
Daily Records. Daily records, including a record of telephone calls, shall be kept by an operating company or association in such form as to facilitate the preparation of the reports required by the Public Service Commission and to insure their accuracy. These daily records shall be preserved and be available for examination by the Public Service Commission for a period of 1 year from the dates of filing of the annual reports.
B.
Drivers' Manifests. The driver of each taxicab shall keep a paper or electronic manifest upon which the driver shall enter for each engagement, immediately upon its completion, the points of origin and destination, the times of beginning and completion of the job, the fare collected, and the number of passengers transported. All entries shall be made legibly, and the manifest shall be signed by the driver. The manifest form shall be approved by the Public Service Commission. Drivers’ manifests shall be preserved for a minimum of 1 year.
C.
Reports. All taxicab owners shall file an annual report with the Public Service Commission showing the revenue and expenses for the year and the property owned, together with certain other information as set out on forms which will be supplied by the Public Service Commission. This report will be required for each calendar year and shall be filed with the Public Service Commission not later than April 30 following the year for which the report is made.
D.
When a number of individual owners are banded together in an operating association, the individual records shall be kept by, and adequately supervised by, the association, and, in addition to the annual report required of each individual member, there shall be submitted by the association a consolidated report showing the result of the combined operations of all taxicabs operated under the name of the association. The provisions of this regulation may not relieve the owner of full responsibility for the accuracy of reports made by, or supervised by, the association.
E.
All taxicab owners shall report in writing or electronically, to the Public Service Commission, any accident involving a taxicab that results in a fatality. The report may not be admissible as evidence, or used for any purpose against the company submitting it, in any action for damages arising out of any matter mentioned in the notice.
Regulation .13 Application for Permits.LinkCopy Citation
All applications for permits shall be made upon forms provided by the Public Service Commission, and shall be signed by the applicant, who shall certify in his application that he agrees to comply with its provisions. When processing a new application, the applicant shall be given a copy of these regulations.
Regulation .14 Permit Card — Repealed.LinkCopy Citation
Regulation .15 Revocation or Suspension of Permit.LinkCopy Citation
A.
The violation of any of these regulations shall be sufficient cause for the revocation or suspension of a permit.
B.
If the grantee or grantees of a permit fail to keep the required insurance or bond in force, the Public Service Commission will revoke the permit.
C.
Except as otherwise stated, a permit may not be revoked or suspended until after investigation and a hearing, upon not less than 5 days' notice to the grantee or grantees of the permit. Notice of the hearing shall be in writing and shall be served upon the grantee, or upon one of the grantees if there is more than one, or upon the proper agent for service if the grantee is a corporation. The notice may be sent by mail to the address given in the application for permit, or to a more recent changed address on file with the Public Service Commission. The mailing shall be as effective and binding as personal service. Whenever notice is given by mail, as provided in these regulations, the date of mailing shall be considered as the time when notice is served.
Regulation .16 Taxicabs and Equipment.LinkCopy Citation
A.
Identification of Taxicab.
(1)
Every company, partnership, association, or individual operating one or more taxicabs under permits issued by the Public Service Commission may have the full name of the owner of each taxicab for which a permit has been issued, permanently painted on one door on each side of the taxicab in letters at least 2-1/2 inches high. The word “Taxicab”, “Taxi”, or “Cab” shall also appear conspicuously on the vehicle. Every company, partnership, association, or individual operating five or more taxicabs under permits issued by the Public Service Commission may adopt and employ a distinctive color scheme or insignia which shall be approved by and registered with the Public Service Commission. An owner of a taxicab may not paint the vehicle or vehicles to so closely resemble the distinctive color scheme or insignia of other taxicabs as to mislead the public as to the identity of the owner.
(2)
The number by which a taxicab is identified shall also be prominently displayed both inside and outside in numerals at least 4 inches high and color contrasted so as to be readable.
(3)
The number by which a taxicab is identified shall also be displayed inside written in Braille and embossed print, and placed in a location accessible to the passenger. The Braille shall conform to the size and spacing standards issued by the National Library Service for the Blind and Physically Handicapped, Library of Congress.
(4)
It shall be the obligation of an owner when withdrawing a taxicab from service to obliterate all markings identifying the vehicle as a taxicab.
(5)
In a contrasting color, every wheelchair accessible vehicle used for the transportation of wheelchair users shall display the international symbol of accessibility in a clearly visible position on the rear of the vehicle and on the front of the vehicle in a position other than on the windshield.
B.
Type of Vehicle to Be Used. Every vehicle used as a taxicab, for which a permit is issued or renewed, shall be a van or four door vehicle type, approved by the Public Service Commission.
C.
Physical and Mechanical Condition. All taxicabs operating under the Public Service Commission's permits shall at all times be kept in proper physical and mechanical condition to render safe, adequate, and convenient public service in accordance with Maryland Law. Failure to keep a taxicab in proper condition shall be sufficient ground for the revocation or suspension of the permit.
D.
Vehicle Replacements. A motor vehicle that is more than 12 model years old may not be used as a taxicab.
E.
Permissible and Prohibited Equipment.
(1)
Permissible Equipment. The following equipment may be installed in or on a taxicab:
(a)
Two-way communication radios used between dispatchers employed by the companies or operating associations to service their radio systems and drivers; and
(b)
Smart phones, tablets, computers, or other electronic devices used for taximeter, dispatch, payment, or navigation functions in accordance with Maryland law.
(2)
Prohibited Equipment. The following equipment may not be installed in or on taxicabs:
(a)
All other two-way communication devices not otherwise permitted;
(b)
All other one-way communication devices not otherwise permitted, such as radio contact signal (“beepers”);
(c)
Commercial advertising, except as permitted by the Public Service Commission; and
(d)
All other equipment, not otherwise permitted, which, in the opinion of the Public Service Commission, is not reasonably useful in the furnishing of safe, adequate, and convenient taxicab service.
F.
Lights. In addition to the outside lights prescribed by law, every taxicab operating under permit issued by the Public Service Commission shall be equipped with a dome light within the passenger compartment of the vehicle, capable of being lighted or extinguished by the passenger or controlled by operation of the doors.
G.
Taximeter.
(1)
This section does not apply to a taxicab operating in the City of Hagerstown.
(2)
General Requirements.
(a)
All taxicabs operating under permit issued by the Public Service Commission shall be equipped with a taximeter of a make and design satisfactory to the Public Service Commission.
(b)
All taxicabs shall be equipped with meters with the capability to:
(i)
Compile extractable operating statistics;
(ii)
Post flat fares and extras including a per-mile surcharge for travel outside of a taxicab’s jurisdiction, a flat rate night surcharge, and a baggage fee;
(iii)
For operators in Baltimore City, post the Baltimore City for-hire passenger tax in the fare;
(iv)
Print passenger receipts;
(v)
Print the stored operating statistics in aggregate; and
(vi)
Accept credit and debit cards with a rear-seat accessible payment center.
(c)
A taximeter may be:
(i)
A mechanical or digital device that calculates distances traveled by a physical connection to the transmission or speedometer cable of a taxicab; or
(ii)
Another device the Public Service Commission approves for measuring the charges for service.
(d)
A person may not operate a taxicab, or permit one to be operated, unless the taximeter has been first inspected, tested, and approved by a representative of the Public Service Commission.
(e)
A person may not operate, or permit to be operated, a taxicab equipped with a taximeter not having its case sealed and the cover and gear intact, or without another device the Public Service Commission approves for measuring the charges for service, and which has received Public Service Commission certification of calibration.
(3)
Periodic tests of taximeters will be made by representatives of the Public Service Commission. The interval between tests may not exceed 12 months, unless exceptional circumstances, in the discretion of the Public Service Commission, require variation from that interval. A meter with an error in registration not exceeding 3 percent will be considered correct.
(4)
Except as otherwise specified, the requirements for approval, and methods of testing, of taximeters shall conform to “Specifications and Tolerances of Taximeters” as set out in the National Bureau of Standards Handbook.
(5)
Multiple tariff meters may not be used.
(6)
Calculation of Distance.
(a)
Except as provided in §G(5)(b) and (c) of this regulation, a taximeter shall be mounted and connected to the transmission or speedometer cable of a taxicab in an approved manner.
(b)
Another device approved by the Public Service Commission to measure charges for service may not be required to mount or connect the taximeter to the transmission or speedometer cable of the taxicab.
(c)
The Public Service Commission may authorize a flat rate fare between specified locations that is not calculated by a taximeter.
H.
Sanitary Condition. Every taxicab shall be kept in a clean and sanitary condition at all times.
I.
Safety Recalls and Self-Certification.
(1)
After July 1, 2022, an owner, upon application for a taxicab permit and annually thereafter, shall self-certify the vehicle is not subject to any open safety recalls issued by a vehicle manufacturer and posted online by the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. §30118.
(2)
Upon self-certification, the owner may not operate or permit the operation of a taxicab for hire with any open vehicle safety recalls as of the date of self-certification, except if, due to the unavailability of parts to comply with the manufacturer’s safety recall, the owner cannot comply with the recall.
(3)
Any recall that qualifies for this exemption shall be remedied as soon as practicable, after parts become available, and not to exceed 90 days from the availability of the parts.
(4)
Self certification for vehicle safety recall compliance, in a form approved by the Commission, is the responsibility of the owner.
J.
Inspection.
(1)
At the discretion of the Public Service Commission, an owner of a motor vehicle shall present the motor vehicle for inspection by a Commission representative.
(2)
Upon presenting proper identification, the Public Service Commission or its representative may enter a motor vehicle for the purpose of inspecting the vehicle, vehicle equipment, or records of the carrier.
(3)
A representative of the Public Service Commission, after inspection and a determination that a motor vehicle does not comply with the requirements of this chapter, may require:
(a)
The repair or replacement of the motor vehicle;
(b)
That the motor vehicle be removed from service pending the repair or replacement; or
(c)
That an owner of a taxicab, which has been removed from service for repair, provide evidence of the repair.
(4)
The Public Service Commission may require an owner of a taxicab to provide an inspection certificate from a facility licensed by the State to perform motor vehicle inspections.
K.
Partition.
(1)
A Baltimore City taxicab may be equipped with an approved partition separating the driver from the backseat passenger compartment, or an approved video monitoring system.
(2)
The partition shall be transparent and constructed of material approved by the Public Service Commission.
L.
Wheelchair Accessible Vehicle.
(1)
Every wheelchair accessible vehicle used for the transportation of wheelchair users shall be equipped with wheelchair, scooter, or other mobility aid securement devices that limit the forward, backward, rotational, lateral, and vertical motion of every wheelchair in the vehicle at the points of contact of the wheelchair with the vehicle while the vehicle is in normal operation.
(2)
For the purpose of §L(1) of this regulation, normal operation includes full throttle acceleration and maximum braking and cornering.
(3)
Every wheelchair, scooter or other mobility aid securement device in a wheelchair accessible vehicle shall:
(a)
Be securely anchored to the vehicle;
(b)
Include retractable, self-tensioning belts and straps; and
(c)
Be capable of withstanding a load in any direction of not less than 2,500 pounds for a period of 10 seconds.
(4)
Where more than one wheelchair securement device is used to secure a wheelchair in an accessible vehicle, §L(3)(b) of this regulation applies to the combination of devices used and not to each single device.
(5)
Every designated wheelchair position in a wheelchair accessible vehicle shall be equipped with an occupant restraint assembly:
(a)
Securely anchored to the vehicle; or
(b)
Capable of securing a wheelchair occupant to the wheelchair by encircling both the occupant and wheelchair.
(6)
The slope of an external boarding ramp may not exceed:
(a)
1 in 14 for unassisted access;
(b)
1 in 8 for unassisted access where the ramp length is less than 1520 mm/60 inches; and
(c)
1 in 4 for assisted access.
(7)
External boarding ramp flooring shall have an anti-skid surface having a static coefficient of friction on wet and dry ramp surfaces not less than 0.5.
(8)
An external boarding ramp shall operate in all weather conditions.
(9)
External boarding ramp side barriers shall automatically swing up to prevent wheelchair run-off during use.
(10)
An external boarding ramp shall provide white center stripe for wheelchair guidance.
(11)
External boarding ramps shall also be secured by means other than a support or lug in the door while the vehicle is operated on a highway.
(12)
Every power lift used on a wheelchair accessible vehicle shall:
(a)
Have a skid resistant platform surface;
(b)
Have the sides of the platform fitted with guards extending the full length on each side and of sufficient height to prevent a wheelchair from rolling off the platform during vertical operation of the lift;
(c)
Have a retractable lip on the outer edge of the platform of sufficient height to prevent a wheelchair from rolling off the platform during vertical operation of the lift;
(d)
Be secured by means other than a support or lug in the door while the vehicle is operated on a highway;
(e)
Be capable of raising and lowering a minimum weight of 606 pounds;
(f)
Shall include a handrail on the lift;
(g)
Shall include a manual backup pump that shall be incorporated with the lift;
(h)
Shall incorporate an electrical automatic circuit breaker to isolate the hoist electrical system from the vehicle's electrical system to reduce the likelihood of fire; and
(i)
Where hoist controls are mounted inside the accessible vehicle in a position accessible to the passenger system, shall incorporate an isolation switch to avoid inadvertent operation of the hoist.
(13)
A boarding device shall be able to support a total weight of up to 660 pounds at mid-span and be clearly labeled with the maximum load that it can carry, both on the boarding device and next to the accessible entrance on the outside of the conveyance.
(14)
The minimum allocated space for a single wheelchair or similar mobility aid shall be 800 mm/31.5 inches by 1300 mm/51.2 inches.
(15)
At least one allocated space shall be provided in each wheelchair accessible vehicle.
(16)
The minimum head room in an allocated space shall be 1500 mm/59 inches.
(17)
Automatic or Power-Assisted Doors.
(a)
Doors may be fully automatic.
(b)
Power-assisted doors may not require passengers to grip or twist controls in order to operate opening devices.
(c)
Operators may provide equivalent access to conveyances by opening manual doors for people with disabilities.
(18)
The passenger access and seating area:
(a)
Shall be equipped with an interior mirror designed to provide the driver with a view of the passengers;
(b)
Shall be equipped with lights arranged to illuminate all of the interior of the vehicle that shall be constantly lit during the loading or unloading of passengers;
(c)
Shall be equipped with a light above or beside each passenger access door to illuminate the loading equipment or step nosings, as the case may be, and such lights shall be constantly lit during the loading or unloading of passengers;
(d)
Shall be equipped with a means of securing in the open position each passenger access door that could be subject to unintentional closing during the loading or unloading of passengers;
(e)
Shall have an interior that is free of any sharp projections that may constitute a hazard to passengers and is free of any item, object, or otherwise (i.e., spare tires, folded seats) that protrudes into the interior space;
(f)
Shall have mats permanently bonded to the floor, in the aisle and on the steps;
(g)
Shall have yellow or white step nosings;
(h)
Shall have the capability to transfer a reduced mobility rider from the curb to the taxicab (i.e., via a turn-out seat);
(i)
Shall provide strategic placement of bright yellow easy-to-grab handrails and stanchions to assist limited mobility riders;
(j)
Shall provide nonslip floor covering;
(k)
Shall provide clearly marked seat edges;
(l)
Shall provide contrasting delineation of any gap for passing money through a screen, if applicable;
(m)
Shall provide strong illumination of roof sign with clear indication of wheelchair accessibility;
(n)
Shall have the capacity to allow access to, and to carry, at least one person using a wheelchair, scooter, or other large (ride-on) mobility aid within its allocated passenger space; and
(o)
Shall have provision for the rapid release of each wheelchair or other mobility aid and its occupant in the case of an accident or emergency.
Regulation .17 Operation of Taxicabs.LinkCopy Citation
A.
Number of Passengers. 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 operator.
B.
Group Riding.
(1)
Cabs may be used to serve jointly from railroad stations or other public places of special assembly not more than four passengers who are bound for the same, or approximately the same, location, provided that a passenger who has engaged a cab 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.
(2)
When a cab is occupied by more than one passenger 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 his destination except that a party or individual passenger 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 en route to the destination of passengers or parties initially occupying the cab is prohibited.
C.
Reckless or Unsafe Operation.
(1)
The driver of a taxicab may not operate it recklessly, in an unsafe manner, or in disregard of the public general or local laws or municipal ordinances governing the operation of motor vehicles.
(2)
Placards or other obstructions may not be attached to any windshield or windows in violation of Maryland law.
Regulation .18 Operators.LinkCopy Citation
A.
Operator to Be Owner or Driver. A taxicab operating under a permit of the Public Service Commission may not be operated except by the owner or a driver responsible to the owner.
B.
Identification of Operator.
(1)
The operator of a taxicab shall be identified by a card displayed in full view of the passenger or passengers, bearing the operator's photograph and his name in letters of sufficient size to be easily read.
(2)
Operators shall be clean and neatly dressed at all times while on duty.
C.
Qualifications of Operator. A taxicab may not be driven by a person who has not been duly licensed by the Department of Motor Vehicles, the Public Service Commission or, where applicable, a county or local government.
D.
Smoking Prohibited. Drivers may not smoke at any time in a taxicab.
E.
Toll Charges. Toll charges shall be assessed only when a passenger elects to use a route where the toll charges occur.
F.
Conduct.
(1)
An operator shall display appropriate courtesy and consideration.
(2)
An operator may not use profane or abusive conduct or language.
G.
Operator of a Wheelchair Accessible Vehicle.
(1)
All drivers shall be trained in their local disability-law-compliance responsibilities.
(2)
All drivers of the wheelchair accessible vehicle shall be trained in the safe use and operation of that accessible vehicle.
(3)
Drivers shall complete an accessibility training program satisfactory to the Public Service Commission, including boarding and deboarding protocols and disability awareness and etiquette.
Regulation .19 Insurance or Bond.LinkCopy Citation
A.
Liability Insurance.
(1)
If the owner of a taxicab or taxicabs elects to use liability insurance as authorized under Public Utilities Article, §10-207, Annotated Code of Maryland, the minimum insurance coverage for each accident is either:
(a)
All of the following:
(i)
$30,000 for injury to any one person;
(ii)
$60,000 for injury to two or more persons; and
(iii)
$15,000 for property damage; or
(b)
$75,000 combined single limit.
(2)
The term of the insurance coverage under §A(1) of this regulation is 6 months or more.
B.
Bond in Lieu of Insurance.
(1)
If the owner of a taxicab or taxicabs elects to use a bond as authorized under Public Utilities Article, §10-207, Annotated Code of Maryland, the amount of the bond is as set out in the following table:
(2)
The bonding company shall guarantee the prompt payment by the taxicab owner of indemnities for personal injuries or for property damage resulting from any accident due to the negligence of the owner or the driver of the covered vehicle, to the extent of the damages sustained, but not to exceed, for any one accident involving any taxicab:
(a)
$30,000 for injury to any one person;
(b)
$60,000 for injury to two or more persons; and
(c)
$15,000 for property damage.
(3)
The Public Service Commission shall be shown as a certificate holder on the liability insurance policy, self-insurance certificate, security, or bond.
(4)
The penalty of the security or bond may not be exhausted by successive recoveries but shall remain unimpaired until the security or bond shall be canceled after statutory notice to the Public Service Commission or by action of the Public Service Commission.
(5)
If the self-insurance policy, security, or bond is canceled or the taxicab operation terminated or interrupted at any time, the security or bonding company shall proceed to make settlement of all then outstanding indemnity claims, in conformity with the limitations of §B(2), of this regulation, except that the aggregate amount of the settlements may not exceed the penal sum of the bond.
(6)
Compliance with Public Utilities Article, §10-207, Annotated Code of Maryland, as to insurance shall be evidenced by depositing with the Public Service Commission the insurance policy, or a certificate from the insurance company signed by an authorized agent, that the policy has been issued, specifying the terms of the policy, description of the taxicab, and name of the assured.
C.
Notice of Cancellation. Written cancellation or revocation of an insurance policy, self-insurance certificate, security, or bond shall be submitted to the Public Service Commission 45 days before an insurance policy, self-insurance certificate, security, or bond may be canceled as required under Public Utilities Article, §10-207, Annotated Code of Maryland. Cancellation or revocation of an insurance policy or bond issued by the Maryland Automobile Insurance Fund shall be submitted to the Public Service Commission 30 days before an insurance policy or bond issued by the Maryland Automobile Insurance Fund may be canceled as required under Public Utilities Article, §10-207, Annotated Code of Maryland.
Regulation .20 Vault or Safe Requirement — Repealed.LinkCopy Citation
Regulation .21 Violations and Penalties.LinkCopy Citation
A.
Violations.
(1)
An owner or operator of a motor vehicle who neglectfully or with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.
(2)
In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or COMAR 20.90 may be determined to be individually guilty of a violation.
B.
Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §§13-202 and 13-210, Annotated Code of Maryland:
(1)
Operating a motor vehicle after a permit is suspended or revoked;
(2)
Failure to present a motor vehicle for inspection;
(3)
Failure to file with the Public Service Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections;
(4)
Failure to carry appropriate insurance under Regulation .19 of this chapter;
(5)
Operating a motor vehicle which has been placed out of service;
(6)
Operating a motor vehicle without a valid state driver's license and a valid taxicab driver's license;
(7)
Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;
(8)
Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;
(9)
Reckless driving while operating a motor vehicle, as defined under State or local law;
(10)
Leaving the scene of a motor vehicle accident while operating a motor vehicle;
(11)
Operating a motor vehicle which has had recurring violations of the equipment and safety standards under Transportation Article, Title 22, Annotated Code of Maryland, and COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;
(12)
Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Public Service Commission;
(13)
Falsification of a certification statement that a defect in a motor vehicle has been repaired;
(14)
Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less;
(15)
Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit;
(16)
Operating a taxicab equipped with a taximeter not having its case sealed, or otherwise not being used as designed by the manufacturer;
(17)
Operating a taxicab without an authorized schedule of fares (rate sheet) posted in the taxicab in such manner that passengers can readily determine the exact rate of fare payable by them;
(18)
Failure to charge only a rate of fare or charge approved by the Public Service Commission;
(19)
Failure to respond to Public Service Commission correspondence in a timely manner; and
(20)
Violation of accessibility and nondiscrimination provisions of Regulation .23 of this chapter.
C.
Notice.
(1)
Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner or, in the case of a corporation, the authorized representative.
(2)
The notice given under §C(1) of this regulation shall:
(a)
Include a statement that a party desiring a hearing must request the hearing on or before the date set by the Public Service Commission in the citation or complaint; and
(b)
Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier.
(3)
The mailing by first class mail of a notice is considered to be effective and binding as an actual notice.
Regulation .22 Taxicab Stand.LinkCopy Citation
A.
Consumer Rights. Any orderly person shall have the right to select any taxicab regardless of its position in line in the taxicab stand.
B.
Taxicab Driver Responsibilities.
(1)
The driver of the taxicab at the head of the line on the stand shall accept as a passenger any orderly person who agrees to pay the proper fare.
(2)
A taxicab driver entering a stand shall take the rear position in the line.
(3)
The driver of the first taxicab in line of the stand shall remain with his taxicab, ready to be hired.
(4)
When each taxicab leaves the stand, those behind in line shall move up.
C.
Traffic Regulations.
(1)
The number of taxicabs at a stand may not exceed the maximum number allowed in accordance with applicable traffic regulations.
(2)
Taxicabs using a stand shall be parked in accordance with applicable traffic regulations.
D.
Restriction.
(1)
A taxicab driver entering a stand may not take or attempt to take a position in a line out of turn, or ahead of a driver entitled to that position.
(2)
A taxicab driver may not solicit a passenger while on a stand so as to cause the passenger to take the driver's particular taxicab out of turn.
Regulation .23 Accessibility and Nondiscrimination.LinkCopy Citation
A.
For purposes of this regulation, “accessible” means fully and equally accessible to and independently usable by individuals with disabilities so that the individuals are able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use.
B.
A taxicab association:
(1)
Shall ensure that the taxicab association’s websites, mobile applications, and rear-seat payment center are accessible to the blind and visually impaired and the deaf and hard of hearing; and
(2)
May not:
(a)
Impose additional or special charges on an individual with a disability for providing services to accommodate the individual; or
(b)
Require an individual with a disability to be accompanied by an attendant.
C.
If a taxicab accepts a ride request from a passenger with a disability who uses a mobility device, upon picking up the passenger, the taxicab driver shall stow the passenger’s mobility equipment in the vehicle if the vehicle is capable of stowing the equipment.
D.
If a passenger or driver determines that the vehicle is not capable of stowing the equipment, the taxicab association may not charge a trip cancellation fee or, if such fee is charged, shall provide the passenger with a refund in a timely manner.
E.
All taxicabs shall comply with all applicable laws related to accommodation of service animals.
F.
All taxicab associations shall provide their drivers detailed information and appropriate training regarding the requirements of laws governing nondiscrimination and accessibility, including the Americans with Disabilities Act, prior to allowing them to provide service to passengers to the extent applicable.
G.
By July 1 of each year, a taxicab association shall report to the Public Service Commission staff:
(1)
The steps it has taken during the preceding 12 months to ensure and upgrade the accessibility of the taxicab association’s services; and
(2)
The number of complaints or other notifications received regarding an inability or failure to accommodate a person with a disability.
H.
Taxicab associations that provide platforms allowing drivers to rate passengers shall ensure that such ratings are not based on unlawful discrimination, and that drivers do not discriminate against passengers or potential passengers on the basis of geographic endpoints of the ride, race, color, national origin, religion, sex, disability, age, or sexual orientation/identity.
I.
The Maryland Office of People’s Counsel shall have access to the reports filed under this section, upon request.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 4-503, 5-101, 6-202—6-207, 10-101—10-107,
10-109, 10-110, 10-202—10-210, 10-301, 13-101, 13-201, and 13-202, Annotated Code of Maryland
10-109, 10-110, 10-202—10-210, 10-301, 13-101, 13-201, and 13-202, Annotated Code of Maryland
History: Effective date: December 30, 1964 (Order No. 55745)
History: Regulation .01 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .03 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .04 amended effective September 2, 1991 (18:17 Md. R. 1921)
History: Regulation .04B amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .04H—J amended effective August 16, 1982 (9:16 Md. R. 1608)
History: Regulation .05 repealed effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .06 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .07 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .08 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .09B, C amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .10 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .11 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .12 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .13 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .14 repealed effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .15B, C amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .16 amended effective June 5, 2017 (44:11 Md. R. 526); February 7, 2022 (49:3 Md. R. 139)
History: Regulation .16D amended effective February 28, 1994 (21:4 Md. R. 278); August 15, 1994 (21:16 Md. R. 1390); February 8, 1999 (26:3 Md. R. 176)
History: Regulation .16D and E adopted effective November 15, 1977 (Order No. 62596)
History: Regulation .16D and E amended effective September 2, 1991 (18:17 Md. R. 1921)
History: Regulation .16E repealed effective February 28, 1994 (21:4 Md. R. 278)
History: Regulation .16F amended effective May 10, 1982 (9:9 Md. R. 912)
History: Regulation .16K amended effective December 24, 2001 (28:25 Md. R. 2193)
History: Regulation .16L adopted effective April 10, 1995 (22:7 Md. R. 538)
History: Regulation .17 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .18 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .18G adopted effective September 28, 1992 (19:19 Md. R. 1713)
History: Regulation .19 adopted effective June 29, 1966 (Order No. 56356)
History: Regulation .19 amended effective January 23, 2012 (39:1 Md. R. 21)
History: Regulation .19A amended effective April 10, 1995 (22:7 Md. R. 538)
History: Regulation .19B, C amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .20 adopted effective May 31, 1971 (Order No. 59299)
History: Regulation .20 repealed effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .21 repealed and new Regulation .21 adopted effective January 20, 1992 (19:1 Md. R. 34)
History: Regulation .21 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .21A amended effective June 15, 1998 (25:12 Md. R. 948)
History: Regulation .21B amended effective December 19, 1994 (21:25 Md. R. 2109); April 10, 1995 (22:7 Md. R. 538); December 24, 2001 (28:25 Md. R. 2193)
History: Regulation .21C adopted effective December 19, 1994 (21:25 Md. R. 2109)
History: Regulation .21C amended effective February 13, 2006 (33:3 Md. R. 243)
History: Regulation .22 adopted effective August 16, 1982 (9:16 Md. R. 1608)
History: Regulation .22 amended effective June 5, 2017 (44:11 Md. R. 526)
History: Regulation .22D amended effective November 22, 1982 (9:23 Md. R. 2261)
History: Regulation .23 adopted effective June 5, 2017 (44:11 Md. R. 526)
History: Chapter revised effective April 9, 2018 (45:7 Md. R. 346)