Title 20 — Subtitle 95. Transportation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

A motor vehicle may not be operated over roads of this State until a permit has been obtained from the Commission authorizing its operation.

A permit may be issued by the Commission at any time during the year, and for such length of time as the Commission may deem best for the public welfare and convenience.

Permits are not transferable.

A charge may not be made for the issuance of a permit under the provisions of these regulations.

An application for a permit to operate a motor vehicle in the transportation of passengers for hire shall be made on forms provided by the Commission.

A permit shall be in effect for the term specified by the Commission, not exceeding 20 years.

An owner shall notify the Commission within 15 days of any change of address.

Violations.

Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland:

Civil penalties for the violations set forth in §B of this regulation may be assessed upon owners or operators as appropriate, including Transportation Network Companies and Transportation Network Operators.

Notice.

The provisions of this regulation do not apply to a motor carrier providing transportation for hire by or through contract with a public authority, or a federal, State, district, or municipal transportation agency.

Notice.

An owner or Transportation Network Company shall file with the Commission a schedule of its rates and charges, as required in Regulation .08B of this chapter.

An application for authority to institute or change rates and charges shall be typewritten or printed and shall include an original and two copies of the proposed tariff change, including the following information:

An owner shall provide access to a copy of the effective and proposed schedule of rates and charges to the public on a website, or if the owner does not have a website, at their principal place of business.

A Transportation Network Company shall disclose the following information to a passenger through the TNC Platform before the passenger agrees to a trip with a Transportation Network Company:

A Transportation Network Company shall include in its digital platform a feature that requires a passenger to acknowledge that surge pricing is in effect, when applicable.

A Transportation Network Company shall permit all passengers to view on their personal computer or mobile device a photograph of the authorized Transportation Network Operator, and the vehicle’s license plate number, prior to entering the Commission approved vehicle.

A Transportation Network Company, on completion of transportation services, shall transmit an electronic receipt to the passenger’s electronic mail address or mobile application documenting:

A Transportation Network Company shall make available on its digital network and website a customer support telephone number and an e-mail address or hyperlink, or both for passenger inquires, as well as instructions to passengers for filing a complaint with the Commission.

After a hearing, the Commission may suspend or revoke a permit for:

Notice.

A motor vehicle, including a leased or reserved motor vehicle, used by a carrier or Transportation Network Operator shall:

After July 1, 2022, an owner, Transportation Network Operator, or Transportation Network Company, upon application for a vehicle 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.

Upon self-certification, the owner, Transportation Network Operator, or Transportation Network Company may not operate or permit the operation of a motor vehicle 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 or Transportation Network Operator cannot comply with the recall.

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.

Self certification for vehicle safety recall compliance, in a form approved by the Commission, is the responsibility of the owner, Transportation Network Operator, or Transportation Network Company.

Inspection.

Driver. An owner or a Transportation Network Company shall ensure that:

Carrying Capacity.

Fatality Report. An owner, Transportation Network Operator, or Transportation Network Company shall report in writing, to the Commission, an accident involving a motor vehicle that results in a fatality.

Maintenance Record. A continuous maintenance record shall be kept for each motor vehicle in accordance with state and federal laws and regulations.

Requirements. A motor vehicle carrying passengers for which a permit is necessary may not be operated unless the owner maintains a liability insurance policy or bond for that vehicle. The required insurance shall have a term of coverage of 6 months or more.

Liability Insurance.

Bond Instead of Insurance.

Compliance.

Notice.

A Transportation Network Company, Transportation Network Operator, or an owner of a motor vehicle used in the transportation of a person for hire, which is not licensed as a taxicab by a county or by the Commission, may not:

An owner of a motor vehicle may not permit or direct an operator of a motor vehicle in the transportation of a person for hire to:

A Transportation Network Company may not permit or direct a Transportation Network Operator to:

A permit issued by the Public Service Commission does not convey authority to operate on the property of Baltimore /Washington International Thurgood Marshall Airport.

A Transportation Network Company shall:

Insurance.

A company that received a motor carrier permit prior to the effective date of these regulations may operate as a Transportation Network Company without obtaining another permit, provided the company otherwise complies with all statutory and regulatory requirements applicable to Transportation Network Companies.

An individual who wishes to operate as a Transportation Network Operator shall apply for a Transportation Network Operator’s License, which may be done through a TNC.

A TNC may file with the Commission an application for a temporary operator’s license on behalf of a Transportation Network Operator.

Once a TNC submits a completed application for a temporary operator’s license, the Commission shall render a decision on the application and issue or deny a temporary license within a reasonable period following the receipt of a completed application. An application for a temporary operator’s license shall not be considered complete unless it includes a background check as described in Public Utilities Article, §10-404(b), Annotated Code of Maryland that was performed within the twelve months preceding the date of the application.

During the review process described in §(C) of this regulation, a Transportation Network Operator whose application is pending before the Commission is authorized to operate as a Transportation Network Operator on a provisional basis until the Commission renders a decision on the application for temporary license.

After April 1, 2016, upon expiration of a temporary operator’s license issued by the Commission, a Transportation Network Operator who wishes to continue operating as a Transportation Network Operator shall provide a fingerprint supported State and FBI background investigators’ record check to the Commission, unless the Commission has granted the Transportation Network Operator’s Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland.

The Commission shall issue a Transportation Network Operator’s License of up to 3 years to a Transportation Network Operator upon receipt of a fingerprint supported State and FBI background investigators record check, unless the results of the record checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.

If the Commission has granted a Transportation Network Company a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, the Commission shall issue the Transportation Network Operator a Transportation Network Operator’s License of up to 3 years upon completing its review of a qualifying application, unless the results of the background checks show that the applicant has been convicted of a crime or driving offense that bears a direct relationship to the applicant’s fitness to serve the public as a for-hire driver.

In order to obtain a waiver under Public Utilities Article, §10-404(e), Annotated Code of Maryland, a Transportation Network Company must demonstrate that the background check it uses meets the requirements of Public Utilities Article, §10-404(b), Annotated Code of Maryland and is as comprehensive and accurate as complying with the supplemental criminal background check as set forth under Public Utilities Article, §10-104(b), Annotated Code of Maryland.

A person who holds a valid passenger-for-hire driver’s license issued by the Commission may obtain a Transportation Network Operator’s License with the same expiration date as the passenger-for-hire driver’s license, without providing a new background check, provided that the person otherwise complies with all statutory and regulatory provisions applicable to Transportation Network Operators.

Comply with all applicable Commission, vehicle inspection, and insurance requirements;

Accept only transportation arranged through a TNC’s digital network and shall not solicit or accept street-hails;

Display a TNC identification defined under Regulation .24A(6) and (7) of this chapter at any time that the operator is logged onto a TNC’s digital network;

Possess a valid driver’s license;

Be at least 18 years of age, and have at least 6 months of licensed driving experience; and

Upon request, provide the Commission with a valid motor vehicle safety inspection certificate.

An individual who wishes to operate as a Transportation Network Operator may apply for a vehicle permit through a TNC.

A TNC is authorized to file with the Commission an application for a vehicle permit.

The Commission shall issue a vehicle permit for a Transportation Network Operator Vehicle upon receipt and review of a complete application. An application will be deemed complete if it contains:

Once a TNC submits a completed application for a permit, the Commission shall render a decision on the application and issue or deny a permit within a reasonable period following the receipt of a completed application.

A Transportation Network Operator whose application is pending before the Commission is authorized to operate their Transportation Network Operator Vehicle on a provisional basis until the Commission renders a decision on the application.

Have, or have applied for and not been denied, a permit from the Commission authorizing its operation;

Have a manufacturers rated seating capacity of no more than 8 passengers including the driver;

Not exceed more than 12 model years age, except as provided in Regulation .11A(6) of this chapter;

Comply with all required equipment and minimum safety standards as defined in Regulation .11 of this chapter;

Comply with all insurance requirements as defined in Public Utilities Article, §10-405, Annotated Code of Maryland; and

At all times while engaged on the TNC platform display on the vehicle’s rear passenger side window, a consistent and distinctive TNC identification, approved by the Commission, consisting of a logo, insignia, or emblem. The TNC identification shall be:

The TNC identification may take the form of a removable device.

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.

By July 1, 2016, a carrier or TNC that operates five or more vehicles under its permit shall:

A company that provides for-hire transportation, including a Transportation Network Company shall not:

If an owner, operator, or Transportation Network Operator accepts a ride request from a passenger with a disability who uses a mobility device, upon picking up the passenger, the operator or Transportation Network Operator shall stow the passenger’s mobility equipment in the vehicle if the vehicle is capable of stowing the equipment.

If a passenger or driver determines that the vehicle is not capable of stowing the equipment, the owner or Transportation Network Company may not charge a trip cancellation fee or, if such fee is charged, shall provide the passenger with a refund in a timely manner.

All companies that provide for-hire transportation, and all Transportation Network Operators, shall comply with all applicable laws related to accommodation of service animals.

All companies that provide for-hire transportation, including Transportation Network Companies, shall provide their drivers detailed information and appropriate training regarding the requirements of laws governing non-discrimination and accessibility, including the Americans with Disabilities Act, prior to allowing them to provide service to passengers to the extent applicable.

By July 1 of each year, a carrier or TNC that operates five or more vehicles under its permit , shall report to the Commission Staff:

Transportation Network Companies, Transportation Network Operators, owners, and operators 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.

The Maryland Office of People’s Counsel shall have access to the reports filed under §§B and H of this regulation, upon request.

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.

Driving Offenses.

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:

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.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Nothing in this chapter shall be construed as preventing the movement or distribution of material over tracks when that material is necessary in the construction or maintenance of the tracks, nor in the movement of special work equipment used in the construction, maintenance, or operation of the railroad, provided those movements shall be carried on under conditions reasonably necessary to provide for the safety of all concerned.

If, in any particular case, exemption from any of the requirements of these regulations is deemed necessary by the carrier concerned, the Commission will consider the application of the carrier for the exemption when accompanied by a full statement of the conditions existing and the reason why the exemption is asked. An exemption so granted will be limited to the particular case covered by the application.

The Commission reserves the right to modify any of the provisions of these regulations in specific cases when, in the Commission's opinion, public safety, convenience, or necessity would be served by so doing.

The minimum overhead clearance above railroad tracks which are used or proposed to be used for transporting freight cars shall be 22 feet, except as otherwise provided in these regulations. Structures constructed before July 28, 1953 may be maintained at existing clearances and additional tracks may be constructed and existing tracks reconstructed under them at the same clearances.

The overhead clearance above the top of the rail of tracks located at the entrance and inside of buildings may be reduced to 18 feet provided that:

The clearances provided in this regulation do not apply to the electric wires and equipment required over present and future tracks for the operation of trains by electric energy, provided the carriers concerned promulgate and enforce regulations that prohibit any employee from being on the top of cars while being operated under lower clearances than provided for in this regulation.

The clearances provided in this regulation do not apply to engine houses, engine house facilities, tipples, or facilities used for the loading or unloading of bulk commodities.

Minimum side clearances from the center line of tangent railroad tracks, which are used or proposed to be used for transporting freight cars, except as otherwise prescribed in these regulations, shall be as shown below. However, structures, including platforms and tracks, constructed before July 28, 1953, may be maintained and extended at the existing clearances.

All structures and obstructions above the top of the rail except those specifically mentioned in these regulations are to have a minimum side clearance of 8 feet 6 inches.

Platforms, except platforms adjacent to main or passing tracks 4 feet or less above the top of the rail, may have lesser clearances than 8 feet 6 inches from the center line of track on one side of the tracks only and where a full clearance of 8 feet 6 inches is maintained on the opposite side of the track or track centers to adjacent track are not less than 13 feet 6 inches.

Platforms 4 feet 6 inches or less above the top of the rail when used principally for loading or unloading refrigerator cars may be constructed 8 feet from the center line of the track.

Platforms previously constructed at clearances less than prescribed in these regulations may be extended at the lesser clearances unless the extension is in connection with the reconstruction of the original platform.

Low passenger platforms not over 8 inches above the top of the rail may be 5 feet 1 inch from the center line of track. High passenger platforms not over 4 feet above the top of the rail may be 5 feet 7 inches from the center line of track.

Side clearances, other than for platforms, on sidings only, at entrances to and inside of warehouse and industrial buildings shall be not less than 8 feet from the center line of track.

Switchboxes, switch-operating mechanisms, and accessories necessary for the control and operation of signals and interlockers projecting 4 inches or less above the top of the rail shall be not less than 3 feet from the center line of track.

The center spindle of signal and switch stands 3 feet or less above the top of the rail and located between tracks where not practicable to provide clearances otherwise prescribed in these regulations shall be not less than 6 feet from the center line of track.

Through bridges supporting track affected, tunnels, water columns, and oil columns should be not less than 8 feet from the center line of track.

The clearances for through bridges supporting track affected, water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, handrails, water barrels, water columns, oil columns, block signals, cattle guards, and stock chutes when all or portions of them are 4 feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and 5 feet distant laterally from the center line of track to a point 4 feet above the top of the rail and 8 feet distant laterally from the center line of track. However, the minimum clearance for handrails and water barrels on bridges with walkways shall be 7 feet 9 inches, and the minimum clearance for fences or cattle guards shall be 6 feet 9 inches.

The lesser clearances authorized in §K, above, provided for handrails and water barrels, are not applicable to through bridges where the work of trainmen or yardmen require them to be upon the decks of the bridges for the purpose of coupling and uncoupling cars in the performance of switching service on a switching lead.

The side clearances specified in these regulations do not apply to mail cranes during the times the arms of the mail cranes are supporting a mail sack for delivery, provided that the top arm is not then higher than 10 feet 8 inches above the top of the rail and neither arm extends to within 6 feet 5 inches from the center line of track.

Icing platforms and supports shall have a minimum side clearance of 7 feet 8 inches.

Operations over portions of track adjacent to icing platforms constructed before July 28, 1953 with a side clearance of less than 7 feet 8 inches shall be restricted except in emergencies to the movement or switching of trains containing refrigerator cars to be iced, and the necessary use of the tracks for the unloading of supplies required for the operation of the icing dock.

Side clearances specified in these regulations do not apply to inter-track fences located on the center line between tracks.

The clearances provided in this regulation do not apply to engine houses, engine house facilities, tipples, or facilities used for the loading or unloading of bulk commodities.

All minimum side clearances prescribed in this regulation are for tangent tracks. Structures adjacent to curve tracks shall have an additional minimum side clearance compensating for the curvature.

Clearances That May Be Decreased.

Canopies at one side of track at freight platforms may be constructed at not less than 4 feet from the center line of track provided:

The minimum distance between the center lines of parallel tracks shall be not less than 14 feet for main tracks and not less than 13 feet 6 inches for yard and side tracks except as otherwise provided in these regulations.

The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least 15 feet from the center line of the main track or passing track. However, where a passing track is adjacent to and at least 15 feet distant from the main track, any other track may be constructed adjacent to the passing track with clearance of not less than 13 feet 6 inches.

The center line of any ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than 18 feet from the center line of the other track, except that parallel ladder tracks shall have a clearance of not less than 19 feet center line to center line.

The minimum distance between the center lines of parallel team, house, and industry tracks shall be not less than 13 feet.

Tracks constructed before July 28, 1953 may be extended without increasing distances between tracks.

Merchandise, material, or other articles may not knowingly be permitted to remain piled or assembled on the ground or on platforms adjacent to any track at a distance less than 8 feet 6 inches from the center line of track. On industrial tracks the responsibility for compliance with this regulation shall rest with the industry. A suitable line or other marker should be maintained at a distance of 8 feet 6 inches from the center line of track, on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform which must be kept clear of merchandise, material, or other articles.

The space between tracks ordinarily used by train and yardmen and other employees as a walkway in the discharge of their duties and the space beside the tracks within 8 feet 6 inches of the center line of track shall be kept in a reasonably suitable condition for that purpose.

In this chapter, unless the language or context indicates that a different meaning is intended, the following terms shall have the meanings indicated.

Terms Defined.

A tank vehicle may not be used in the public intrastate transportation of flammables for hire over the improved streets or roads of this State, or any political subdivision of it, without a permit from the Commission to the owner.

A permit (certificate) shall be required for a motor carrier when engaged in the carriage of flammables in bulk, within the scope of the definitions as provided by law. Permits shall be of two classes:

Permits as contract carrier and common carrier of flammables may not be held by the same person.

No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.

No person, or any person controlling, controlled by, or under common control with that person, may hold a permit as a contract carrier authorizing operation for the transportation of flammables by motor vehicle within the State, if that person, or any controlling person, controlled person, or person under common control, holds a permit as a common carrier authorizing operation for the transportation of flammables by motor vehicle within the same territory, in the State.

Nothing in these regulations shall be construed as invalidating any action lawfully taken or rights lawfully acquired by any person before June 1, 1959.

Application for Permits. All original applications for permits shall be made upon forms provided by the Commission, and shall be signed by the applicant. At the time of making the application, the applicant shall be given a copy of these regulations and shall certify in his application that he agrees to comply with them.

Form of Permit. The permits shall be in such form as from time to time may be prescribed by the Commission, but in all instances shall contain the Commission's permit number, the name and address of the person or persons, association, or corporation to whom or to which issued. The grantee or grantees of a permit shall notify the Commission promptly of any change of address occurring after issuance of the permit.

Duration of Permits. Permits issued to authorized carriers on or after September 1st in any year shall remain in effect until the expiration date shown on them, unless suspended or revoked or otherwise cancelled. Applications for renewal of permits shall be made not less than 15 days before the expiration date shown on the permit to be renewed.

Revocation or Suspension of Permit.

Identification of Vehicles. Every carrier operating one or more tank vehicles under permit of this Commission shall have its name or identification appear conspicuously upon the power unit of each vehicle. The permit number assigned by the Commission shall also appear prominently displayed upon each power unit. Tank vehicles transporting inflammable or combustible liquids having a flash point of 80 degrees or less shall be conspicuously or legibly marked FLAMMABLE on each side and the rear in letters at least 3 inches high on a background of sharply contrasting color.

Physical and Mechanical Condition.

Inspection. Representatives of the Commission shall have the right at any time, after first identifying themselves, to enter into or upon any tank vehicle for the purpose of inspection or ascertaining whether or not any of these regulations have been violated. Refusal to comply with these regulations shall be sufficient ground for the revocation or suspension of the permit.

Qualification of Operation. A tank vehicle may not be driven by a person who:

Reckless or Unsafe Operation. An operator of a tank vehicle 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.

Requirements. A motor vehicle transporting flammable or combustible liquids in bulk for which a permit is necessary may not be operated unless the carrier maintains a liability policy or a bond for that motor vehicle.

Liability Insurance.

Bond Instead of Insurance.

Compliance.

Notice.

The Commission adopts, effective January 1, 1963, the Uniform System of Accounts published by the Interstate Commerce Commission applicable to common and contract motor carriers of property as its uniform system of accounts for carriers of flammables. As may be necessary, the Commission will supplement these regulations so that proper accounting records will be maintained to provide the necessary accounts and data to calculate the operating ratio for the intrastate transportation of flammables.

The Commission will, beginning with the calendar year 1963, provide an annual report form on which carriers of flammables shall submit appropriate intrastate operating statements and schedules.

Violations.

Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland:

Notice.

In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated.

Terms Defined.

Application for Permits. Applications for permits shall be made on forms supplied by the Commission and shall give all information necessary to identify the aircraft and the landing fields to be used, the nature of the operation, including time schedules and tariffs, the insurance coverage, etc.

Form of Permit. A separate permit will be issued for each aircraft and will be limited to the operation between specified air fields.

Revocation or Suspension of Permit. Failure to render satisfactory service or violation of the Commission's regulations may cause suspension or revocation of a permit. A permit will not be revoked without a hearing.

Display of Permit. The permit shall be properly displayed in the aircraft to which it is related, at all times when the aircraft is in operation.

Physical Condition. All aircraft and all equipment used in connection with the aircraft shall be maintained in proper physical condition to render safe and comfortable service, and shall be kept clean and sanitary.

Reserve Equipment. Sufficient reserve aircraft and equipment shall be provided and maintained in readiness for immediate use to assure the regularity of the scheduled service.

Fire Extinguisher. An approved type of fire extinguisher shall be carried at all times in each aircraft while in service and shall be readily accessible and prepared for immediate use.

Inspection. Representatives of the Commission authorized to make inspections in the enforcement of these regulations, will be provided with appropriate badges for identification. They shall have the right to enter into all aircraft employed in the service for the purpose of ascertaining whether or not the regulations are being observed. Refusal to permit an inspection shall be sufficient cause for the revocation or suspension of the permit.

Maintenance. An adequate maintenance force of competent personnel shall be employed, whose duty it shall be to keep all aircraft and equipment in a constant state of airworthiness. Aircraft may not be operated unless at the time of use it is in airworthy condition and is loaded in conformity with the current loading schedule.