The laws of Maryland require that the service and facilities furnished by means of motor vehicle in the public transportation of passengers or property for hire within the State shall be safe and adequate and in all respects just and reasonable, and vest in the Public Service Commission authority to formulate standards for, and definitions of, service and facilities. The service and facilities of all motor vehicles engaged in the transportation of persons or property for hire and operating under permits issued by the Public Service Commission shall conform to these regulations. The formulation of these regulations does not preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, either upon complaint or upon its own motion, or upon the application of a motor vehicle owner. Furthermore, these standards do not relieve an owner or operator of any motor vehicle from any of his duties under any orders of the Commission which are not in conflict with these regulations or under the laws of this State. In this chapter, the following terms have the meanings indicated. Terms Defined. “Commission” means the Public Service Commission of Maryland. “Company” includes every corporation, association, partnership, group of individuals, or individual owning, controlling, operating, or managing one or more motor vehicles engaged in the transportation of persons for hire over any road between fixed termini, over a more or less regular route, on a more or less fixed schedule, or transportation from point to point that is pre-arranged between the company and a rider. Inspection Certificate. “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. “Inspection certificate” does not include a vehicle inspection report or sticker. “License” includes a for-hire license issued by the Commission to provide passenger-for-hire services as defined in Public Utilities Article, §10-101(g), Annotated Code of Maryland, including a transportation network operator’s license. Motor Vehicle. “Motor vehicle” includes all vehicles or machines propelled by any power other than muscular used upon the public roads, not on rails, for public transportation of persons for compensation. “Motor vehicle” does not include a taxicab. “Operator” means any person engaged in driving a motor vehicle for which a permit has been issued, other than a Transportation Network Operator. “Owner” means the individual, partnership, carrier, or company to whom a permit has been issued, other than a Transportation Network Company or Transportation Network Operator. “Permit” means the motor carrier or driver’s permit issued by the Commission. “Roads” means State or State-aid roads, improved county roads, or streets and roads of incorporated towns and cities in the State. “State” means the State of Maryland. “Surge pricing” means the practice of a company applying a multiplier to customer fares for a limited duration. “Transportation Network Company” or “TNC” means a company that has been issued a permit by the Commission and operates in the State of Maryland using a digital network to connect passengers to Transportation Network Operators for Transportation Network Services. “Transportation Network Operator” means an individual who: Has been issued a Transportation Network Operator’s License, or is otherwise authorized, by the Commission to provide Transportation Network Services; Receives, through a Transportation Network Company’s digital network application, a connection to a potential passenger to transport the passenger between points chosen by the passenger in exchange for the payment of a fee to the Transportation Network Company; and Uses a motor vehicle that is owned, leased, or otherwise authorized for use by the individual and is approved for use in providing Transportation Network Services by the Commission. “Transportation Network Services” means: The activities of a Transportation Network Operator during: Transportation Network Coverage Period One, during which the Transportation Network Operator is logged onto and ready to accept a prearranged ride request made through a TNC’s digital network application; Transportation Network Coverage Period Two, during which the Transportation Network Operator accepts a ride request from a passenger that is prearranged through a TNC’s digital network application, and is traveling to a predetermined location to pick up the passenger; and Transportation Network Coverage Period Three, during which the Transportation Network Operator transports the passenger and continuing until the passenger departs the motor vehicle. “Transportation Network Services” does not include providing taxicab services, sedan services, or limousine services. “Transportation Network Operator Vehicle” means a vehicle that is used by a Transportation Network Operator to provide pre-arranged passenger transportation services requested through a TNC Platform, using Commission approved motor vehicles and operators. “TNC Platform” means a digital network application used by a TNC to connect riders to Transportation Network Operators who provide for-hire transportation services for compensation. 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. An owner 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. 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 this chapter, may be determined to be individually guilty of a violation. Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland: Operating a motor vehicle after a permit is suspended or revoked; Failure to present a motor vehicle for inspection; Failure to file with the Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections, or a facility licensed to perform inspections in an adjacent jurisdiction, if the Commission has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police; Failure to carry appropriate insurance or provide evidence of coverage to the Commission under Regulations .18 and .20 of this chapter; Operating a motor vehicle which has been placed out of service; Operating a motor vehicle without a valid state driver’s license or valid passenger-for-hire driver’s license, or a valid Transportation Network Operator’s License; Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law; Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality; Reckless driving while operating a motor vehicle, as defined under State or local law; Leaving the scene of a motor vehicle accident while operating a motor vehicle; Operating a motor vehicle which has had recurring violations of the equipment and safety standards under 49 CFR 393, as amended, which is incorporated by reference, Transportation Article, Title 22, Annotated Code of Maryland, or COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation; Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Commission; Falsification of a certification statement that a defect in a motor vehicle has been repaired; 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; Failure of the owner or an operator of a motor vehicle, including a Transportation Network Operator, to permit inspection of a vehicle or of records relating to a permit; Operating a motor vehicle without all required permits; or Violation of Accessibility and Non-Discrimination under Regulation .25 of this chapter. 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. 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. The notice given under §C(1) of this regulation shall: Include a statement that a party desiring a hearing must request the hearing on or before the date set by the Commission in the citation or complaint; and Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier. The mailing by first class mail of a notice is considered to be as effective and binding as an actual notice. A regulation in this subtitle may be waived by the Commission for good cause shown. 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. A schedule of rates and charges may not be instituted or changed by an owner or Transportation Network Company without providing the Commission and the Maryland Office of People's Counsel with 14 days notice. Interested persons and the Maryland Office of People’s Counsel may file with the Commission an objection to the schedule of rates and charges within 14 days of the submission of the application and proposed schedule. Unless the Commission suspends a schedule filed under §B(1) of this regulation within 14 days, the schedule shall take effect on the date specified in the schedule. A schedule of rates may include a range of maximum and minimum rates, including a range of base rates, and any applicable surge pricing capped at a maximum multiplier. 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: A reference to the specific rate or charge section being instituted or changed; A list of the rate or charge pages being revised; A brief description of the nature of the rate or charge addition or change; If applicable, the percentage of increase or decrease in a rate or charge and the related dollar amount for each class; The proposed effective date; The name and telephone number of a representative of the owner or Transportation Network Company capable of answering any question the Commission may have concerning the rate or charge; and The signature of the owner, or in the case of a Transportation Network Company, corporation, partnership, or LLC, the signature of an authorized representative. 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: The applicable rate being charged; Notice that surge pricing is in effect and the multiplier to be applied, if applicable; Notice of the type and amount of any additional fee or fees being charged; and The option to obtain an estimated fare for the transportation service that will be provided, based on passenger-input pick-up and drop-off points. 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: The origin and destination of the trip; The total time of the trip; The total fare paid, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride; The driver’s first name; The PSC license number or a unique receipt identification number; The Company name; and A customer support telephone number and an e-mail address or hyperlink, or both for the submittal of inquiries and feedback. 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: A violation of Public Utilities Article, Annotated Code of Maryland, or COMAR Title 20; or The failure to obtain a Maryland motor vehicle license to provide the service authorized by the permit issued under this chapter within 30 days after the issuance of a permit. Notice. Notice of the hearing required under §A 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. The notice given under §B(1) of this regulation shall: Include the time, date, and location of the hearing; and Indicate that failure to appear for the hearing may result in the suspension or revocation of authority to operate as a common carrier. The mailing by first class mail of a notice is considered to be as effective and binding as an actual notice. A motor vehicle, including a leased or reserved motor vehicle, used by a carrier or Transportation Network Operator shall: Comply with Transportation Article, Title 22, Annotated Code of Maryland, relating to required equipment on motor vehicles; Comply with 49 CFR 393, as amended, which is incorporated by reference, relating to required equipment on motor vehicles operated in Maryland; Be equipped with: Except for a vehicle with a manufacturer’s rated seating capacity of eight or fewer passengers, a light or lights within the motor vehicle arranged to illuminate the entire interior except for the area occupied by the driver; and A heating system, and an air conditioning system if the air conditioning system was originally installed by the vehicle manufacturer; Be identified by a distinctive number, and have the name, trade name, or company logo conspicuously displayed, unless waived by the Transportation Division of the Commission or, if the vehicle is a Transportation Network Operator Vehicle, be identified by a removable insignia as specified in Regulation .24 of this chapter, and in the Transportation Network Company’s digital platform by providing the Transportation Network Operator Vehicle license plate number and a picture of the Transportation Network Operator; Be kept clean and sanitary; and After July 1, 2018, not exceed more than 12 model years of age, unless the vehicle has an existing Commission permit, and proof of semi-annual safety inspections, conforming to the requirements of §B(2) of this regulation is submitted to the Commission, or the vehicle is a historic motor vehicle as defined in Transportation Article, §13-936, Annotated Code of Maryland, or the vehicle exceeds 10,000 pounds Gross Vehicle Weight Rating. 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. Except for vehicles over 10,000 pounds Gross Vehicle Weight Rating (GVWR) or vehicles that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate as part of the application for vehicle permit and annually thereafter. The annual inspection certificate shall be dated no later than the annual anniversary of the date the vehicle permit was issued, or as otherwise directed by the Commission. For vehicles under 10,000 pounds Gross Vehicle Weight Rating (GVWR) that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate on a semi-annual basis. For new vehicles not previously registered with less than 7,500 miles, a copy of the bill of sale and a copy of the certificate of origin may be substituted for the required inspection. Upon presenting proper identification, the Commission or its representative may enter a motor vehicle for the purpose of inspecting the vehicle, vehicle equipment, or records of the carrier. A representative of the Commission, after inspection and a determination that a motor vehicle does not comply with the requirements of this chapter, may require: The repair or replacement of the motor vehicle; That the motor vehicle be removed from service pending the repair or replacement; and That a Transportation Network Operator or an owner of a motor vehicle, which has been removed from service for repair, provide evidence of the repair. The Commission may require an owner of a motor vehicle, a Transportation Network Operator, or a Transportation Network Company on behalf of a Transportation Network Operator, to provide a valid inspection certificate to verify the inspection required under this section. Upon receipt of a customer complaint, the Commission may order a motor carrier, or vehicle operator, including a Transportation Network Operator, to present the subject vehicle for inspection by a Commission representative. In the alternative, if the complaint alleges a safety issue that is addressed by the annual safety inspection, the Commission may require the motor carrier, operator, or Transportation Network Operator to have the vehicle inspected in a licensed facility conforming to the requirements of §B(1) or (2) of this regulation, and provide an inspection certificate to the Commission. At the direction of the Commission, an owner of a motor vehicle over 10,000 pounds Gross Vehicle Weight Rating (GVWR) shall present the motor vehicle for inspection by a Commission representative. Driver. An owner or a Transportation Network Company shall ensure that: Only a properly licensed driver operates a motor vehicle used in the exercise of a permit; A driver of a motor vehicle operates the vehicle in a prudent and safe manner; and A driver of a motor vehicle adheres to all local, city, state, and federal laws and regulations. A driver of a motor vehicle is provided information and training about the requirements of laws governing non-discrimination and accessibility, including the Americans with Disabilities Act, to the extent applicable. Carrying Capacity. The number of passengers transported by a motor vehicle may not exceed the number authorized by the vehicle list associated with a permit and on file with the Commission, and may not exceed the manufacturer’s rated seating capacity. A passenger may not stand in a motor vehicle, except in emergency situations. 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. The minimum per accident insurance required for each motor vehicle with a seating capacity of seven passengers or less is: $50,000 for injury to any one person, $100,000 for injuries to two or more persons, and $20,000 for property damage; or $120,000 combined single limit. The minimum per accident insurance required for each motor vehicle with a seating capacity between eight to 15 passengers is: $75,000 for injury to any one person, $200,000 for injuries to two or more persons, and $50,000 for property damage; or $250,000 combined single limit. The minimum per accident insurance required for each vehicle with a seating capacity of 16 passengers or more is: $75,000 for injury to any one person, $400,000 for injuries to two or more persons, and $100,000 for property damage; or $500,000 combined single limit. Bond Instead of Insurance. If an owner of a motor vehicle used to carry passengers elects a bond instead of insurance, the amount of the bond is: Determined by the number of vehicles covered by and described in the bond; Determined by the designed passenger seating capacity of the motor vehicle; and As set out in the following table: The bonding company shall guarantee the prompt payment by the owner of indemnities for personal injuries or for property damage resulting from any accident due to the negligence of the operator, to the extent of the damages sustained, but not less than the amounts described under §B of this regulation whichever section applies to the owner. The penalty of the bond instead of insurance may not be exhausted by successive recoveries but shall remain unimpaired until the bond is cancelled. If the bond instead of insurance is cancelled or if the owner's operation is terminated or interrupted at any time, the bonding company shall proceed to make settlement of all then outstanding indemnity claims, in conformity with the limitations of §C(2) of this regulation except that the aggregate amount of the settlements may not exceed the penal sum of the bond instead of insurance. Compliance. An owner shall file with the Commission: An original certificate of insurance signed by an authorized agent of an insurance company, indicating that the policy has been issued, specifying the terms of the policy and the name of insured; or A certified copy of the bond instead of insurance showing similar information. The insurance company and the insurance broker shall be licensed to do business in Maryland as required by Insurance Article, Annotated Code of Maryland. The Public Service Commission shall be shown as a certificate holder on the liability insurance policy. The certificate of insurance shall list, either typed on the face of the certificate or on the insurance company letterhead attached to the certificate, the year, make, and serial number of each motor vehicle that is covered by the insurance policy. Notice. A liability insurance policy or bond instead of insurance under this regulation shall contain a clause requiring at least 10 days written notice to the Commission and the insured before a policy or bond may be cancelled. The holder of a permit authorizing the transportation of passengers shall give the Commission at least 10 days written notice of any proposed change affecting the liability insurance policy or bond instead of insurance required by this regulation. 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: Paint, identify, or letter the motor vehicle to resemble the distinctive color scheme or markings of a taxicab; Equip the motor vehicle with a dome light or taxi meter; Advertise the use of a motor vehicle as a taxicab service; Dispatch a motor vehicle to pick up a customer calling for a taxicab; or Accept or dispatch a motor vehicle from a telephone number identified or advertised as providing taxicab service. 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: Pick up an individual hailing the motor vehicle from the street; Discharge an individual at random except at the request of the individual; Solicit an individual at a public or private taxicab stand or at Baltimore/Washington International Thurgood Marshall Airport; or Solicit an individual on the street. A Transportation Network Company may not permit or direct a Transportation Network Operator to: Pick up an individual hailing the motor vehicle from the street or through any means other than the digital platform used by the Transportation Network Company; Discharge an individual at random except at the request of the individual; Solicit an individual at a public or private taxicab stand or at Baltimore/Washington International Thurgood Marshall Airport; or Solicit an individual on the street. 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: Have a permit from the Commission authorizing its operation; Register with the Maryland State Department of Assessments; Maintain a registered agent in Maryland; Comply with all insurance requirements applicable to Transportation Network Companies, and ensure that Transportation Network Operators operating under its permit comply with all Commission Transportation Network Operator licensing requirements, vehicle inspections, and insurance requirements; Maintain a current registry of all Transportation Network Operators, vehicles and TNC platform activity associated with the TNC and, upon request, make the registry available for Commission review to assure compliance with this chapter; Provide Transportation Network Operators with a Transportation Network Company identification as defined under COMAR 20.95.01.24A(6) and COMAR 20.95.01.24A(7); Provide the following information on its website: The Transportation Network Company’s customer service telephone number or electronic mail address; The procedure for reporting a complaint; and A telephone number and electronic mail address for the Maryland Public Service Commission. Insurance. A Transportation Network Company shall maintain, or require its Transportation Network Operators to maintain primary insurance coverage in the amounts and types specified in Public Utilities Article, §10-405, Annotated Code of Maryland; A Transportation Network Company shall provide proof of insurance as required by Public Utilities Article, §10-405(d), Annotated Code of Maryland; and A Transportation Network Company shall ensure that Transportation Network Company or Transportation Network Operator insurance coverage is in effect during Transportation Network Coverage Period One, Transportation Network Coverage Period Two, and Transportation Network Coverage Period Three; A Transportation Network Operator, a Transportation Network Company, or a combination of both shall maintain primary motor vehicle insurance that: Recognizes that the Transportation Network Operator is a Transportation Network Operator or otherwise uses a motor vehicle to transport passengers for hire; and Covers the Transportation Network Operator while the Transportation Network Operator is providing Transportation Network Services. Complies with the requirements of Public Utilities Article, §10-405, Annotated Code of Maryland. If the primary insurance required by Public Utilities Article, §10-405, Annotated Code of Maryland is maintained by a Transportation Network Operator and lapses or fails to provide the amount of coverage required, then the insurance maintained by a Transportation Network Company shall provide such coverage from the first dollar of a claim and provide for the duty to defend such claim pursuant to Public Utilities Article, §10-405(c), Annotated Code of Maryland. 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. A Transportation Network Operator shall: 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: A copy of the valid vehicle registration for the Transportation Network Operator Vehicle; A copy of a valid safety inspection certificate; and Proof that the vehicle complies with all insurance requirements set forth in Public Utilities Article, §10-405, Annotated Code of Maryland. 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. A Transportation Network Operator Vehicle shall: 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: Sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least 50 fee; Reflective or otherwise patently visible in darkness; and Displayed in a manner that complies with Maryland motor vehicle laws. 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: Ensure that the company’s websites and mobile applications are accessible to the blind and visually impaired and the deaf and hard of hearing; and Provide a report to the Commission Staff, on how the company intends to increase access to wheelchair accessible public or private vehicle-for-hire service to individuals with disabilities. A company that provides for-hire transportation, including a Transportation Network Company shall not: Impose additional or special charges on an individual with a disability for providing services to accommodate the individual; or Require an individual with a disability to be accompanied by an attendant. 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: the steps it has taken during the preceding twelve months to ensure and upgrade the accessibility of the company’s services; and the number of complaints or other notifications received regarding an inability or failure to accommodate a person with a disability. 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. 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, §§2-113, 2-121, 4-503, 5-101, 5-106, 9-101—9-103, 9-201—9-205, 9-207, 10-101—10-104, 10-104.1, 10-105, 10-106, 10-108, 10-401—10-407, 13-101, 13-201, and 13-202; State Government Article, §7-207(a); Annotated Code of Maryland Effective date: January 1, 1928 (Order No. 12184) Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2646); June 7, 1993 (20:11 Md. R. 916); July 31, 1995 (22:15 Md. R. 1122) Regulation .03B amended effective March 28, 2016 (43:6 Md. R. 411); February 26, 2018 (45:4 Md. R. 207) Regulation .04 amended effective October 25, 1929 (Order No. 15012); June 7, 1993 (20:11 Md. R. 916); July 31, 1995 (22:15 Md. R. 1122) Regulation .05 repealed effective January 20, 1992 (19:1 Md. R. 35) Regulation .05 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .06 amended effective January 23, 1981 (8:2 Md. R. 117) Regulation .06 repealed and new Regulation .06 adopted effective January 20, 1992 (19:1 Md. R. 35) Regulation .06 amended as an emergency provision effective June 15, 2001 (28:15 Md. R. 1395); emergency status expired December 15, 2001 Regulation .06 amended effective March 28, 2016 (43:6 Md. R. 411) Regulation .06A amended effective June 15, 1998 (25:12 Md. R. 948) Regulation .06B amended effective November 9, 1992 (19:22 Md. R. 1989); June 7, 1993 (20:11 Md. R. 916); August 15, 1994 (21:16 Md. R. 1390); December 24, 2005 (28:25 Md. R. 2194); June 20, 2005 (32:12 Md. R. 1047); March 26, 2007 (34:6 Md. R. 629) Regulation .06C adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .06C amended effective February 13, 2006 (33:3 Md. R. 244) Regulation .07 repealed and new Regulation .07 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .08 repealed and new Regulation .08 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .08 amended effective December 27, 1999 (26:26 Md. R. 1959) Regulation .08B, C, D, E amended effective March 28, 2016 (43:6 Md. R. 411) Regulation .08F, G, H, I, J adopted effective March 28, 2016 (43:6 Md. R. 411) Regulation .09 repealed and new Regulation .09 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .09 repealed effective March 28, 2016 (43:6 Md. R. 411) Regulation .10 repealed and new Regulation .10 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .11 repealed and new Regulation .11 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .11 amended as an emergency provision effective June 15, 2001 (28:15 Md. R. 1395) Regulation .11 amended effective March 28, 2016 (43:6 Md. R. 411); February 26, 2018 (45:4 Md. R. 207); February 7, 2022 (49:3 Md. R. 139) Regulation .11A amended effective March 26, 2007 (34:6 Md. R. 629) Regulation .11B amended effective December 24, 2001 (28:25 Md. R. 2194) Regulation .12 repealed and new Regulation .12 adopted effective June 7, 1993 (20:11 Md. R. 916) Regulation .12 amended effective March 28, 2016 (43:6 Md. R. 411) Regulation .12C adopted effective October 25, 1929 (Order No. 15012) Regulations .13 repealed effective June 7, 1993 (20:11 Md. R. 916) Regulations .14 repealed effective June 7, 1993 (20:11 Md. R. 916) Regulations .15 repealed effective June 7, 1993 (20:11 Md. R. 916) Regulation .15D, E amended effective January 1, 1932 (Order No. 17987) Regulation .15F amended effective January 23, 1981 (8:2 Md. R. 117) Regulation .15G adopted effective May 10, 1935 (Order No. 26943) Regulation .15L, M adopted effective January 1, 1932 (Order No. 17987) Regulation .16 amended effective January 23, 1981 (8:2 Md. R. 117) Regulations .16 repealed effective June 7, 1993 (20:11 Md. R. 916) Regulation .17 adopted effective April 15, 1991 (18:7 Md. R. 774) Regulation .17 amended effective December 9, 1991 (18:24 Md. R. 2646) Regulation .17 repealed effective July 31, 1995 (22:15 Md. R. 1122) Regulation .18 adopted effective December 9, 1991 (18:24 Md. R. 2646) Regulation .18A amended effective April 10, 1995 (22:7 Md. R. 539) Regulation .18B amended effective September 28, 1992 (19:19 Md. R. 1714) Regulation .19 adopted effective April 10, 1995 (22:7 Md. R. 539) Regulation .19A, B amended effective March 28, 2016 (43:6 Md. R. 411) Regulation .19B amended effective June 17, 1996 (23:12 Md. R. 873) Regulation .19C repealed effective March 11, 1996 (23:5 Md. R. 384) Regulation .19C, D adopted effective March 28, 2016 (43:6 Md. R. 411) Regulations .20—.25 adopted effective March 28, 2016 (43:6 Md. R. 411) Regulation .22F amended effective February 26, 2018 (45:4 Md. R. 207) Regulation .23C amended effective February 26, 2018 (45:4 Md. R. 207) Regulation .24C, F amended effective February 26, 2018 (45:4 Md. R. 207) Regulation .26 adopted effective February 26, 2018 (45:4 Md. R. 207) In this chapter, the following terms have the meanings indicated. Terms Defined. “Height of a freight car” means the distance between the top of the rail and the top of the running board. “Main track” means track on which the authorized speed of freight trains is in excess of 30 miles per hour. “Overhead clearance” means the vertical distance from the level of the top of the highest rail to a structure or obstruction above. “Side of a freight car” means that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car. “Side clearance” means the shortest distance from the center line of track to a structure or obstruction at the side of track. “Width of a freight car” means twice the distance from the center line to the side of a car as defined in these regulations. 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: This clearance applies only to tracks terminating within the building; and When an overhead clearance of less than 22 feet exists on tracks inside the buildings, all cars, trains, motors, engines, or other equipment shall be brought to a stop before entering the buildings. 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. The overhead and side clearances prescribed in these regulations may be decreased to the extent of a line extending diagonally downward from a point 4 feet from the center line of track 22 feet above the top of the rail to a point 8 feet 6 inches from the center line of track at 15 feet 3 inches above the top of the rail. For tracks located at entrances to and inside buildings with 18 feet overhead and 8 feet side clearance as prescribed in these regulations, the overhead and side clearances may be decreased to the extent of a line extending diagonally downward from a point 4 feet from the center line of track 18 feet above the top of the rail to a point 8 feet from the center line of track at 14 feet above the top of the rail. 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 height of it is at least 17 feet 6 inches above the top of the rail; and Either of the following apply: A full clearance of 8 feet 6 inches is maintained on the opposite side of the track from the canopy, or Track centers to adjacent track are not less than 13 feet 6 inches. 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. Except as otherwise provided in these regulations, where the overhead or side clearances between a track and any building, structure, or facility are less than the minimum prescribed in these regulations, but were created before July 28, 1953, the minimum clearances prescribed in these regulations shall be provided whenever the building, structure, or facility is relocated or reconstructed. However, the Commission will consider specific requests for the future continuance of the prior clearances at the reconstructed building, structure, or facility when application for a continuance has been made as provided in Regulation .02B of this chapter. Except as provided in these regulations, a railroad corporation may not operate or permit to be operated any cars, trains, motors, engines, or other rolling equipment over its own tracks, or industrial sidings directly connected with its own tracks, or connected with its own tracks through other industrial sidings, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in these regulations, if the tracks or structures adjacent to the tracks are constructed or reconstructed subsequent to the effective date of these regulations by the railroad or by others where the railroad has the right to control the construction or reconstruction. These regulations do not constitute a finding by the Commission that compliance or noncompliance shall be determinative of the question of due care. Public Utilities Article, §§2-121, 5-101, and 9-401—9-403, Annotated Code of Maryland Effective date: July 28, 1953 (Order No. 50138) The Public Utilities Article, Annotated Code of Maryland, provides that the 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 Commission. These regulations apply Statewide to all carriers performing intrastate operations for hire. The formulation of these regulations does not preclude the 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 carrier. Furthermore, these standards do not relieve any carrier from any of its duties under any orders of the Public Service Commission which are not in conflict with them, or under the laws of this State. 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. “Carrier” means the holder of a permit. “Carriers of flammables” means any motor vehicle: Common carrier which transports in bulk, in tank vehicles, any liquid which will give off flammable vapors at or below 300 degrees F, or any liquid which, when mixed with wood, sawdust, rags or similar organic substances, will cause spontaneous heating and ignition; and Contract carrier as further defined. “Commission” means the Public Service Commission of Maryland. “Contract carriers of flammables” means and includes any person which, under individual written contracts or agreements of a term or duration of not less than 90 days, within a limited number of persons, engages in the transportation, as a carrier of flammables, in bulk, for compensation within the State. “Operator” means a person engaged in driving a tank vehicle for which a permit has been issued. “Owner” means the individual, partnership, or company to whom a permit has been issued. “Permit” means a permit issued by the Public Service Commission. “Roads” means public streets or highways within the State. “State” means the State of Maryland. “Tank vehicles” includes all vehicles used in the transportation of inflammable or combustible liquids, in bulk, for compensation, upon the public streets or highways within the State. Tagliabue's Open Cup Tester is recognized as the measuring method in determining inflammable or combustible liquids which give off inflammable vapors at or below 300 degrees F. 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: Common carrier certificate (permits); and Contract carrier certificates (permits). 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. Every carrier of inflammable or combustible liquids, in bulk, in tank vehicles, and for compensation, as defined in these regulations, shall file with the Commission a tariff schedule of its rates and charges. Copies of the schedules shall be plainly printed, shall be open to public inspection, and shall be posted in such manner as to be readily accessible to and conveniently inspected by the public, as may be ordered by the Commission. The schedules shall in all other respects be subject to the applicable tariff provisions of the law. 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. The violation of any of these regulations shall be sufficient cause for the revocation or suspension of a permit. If the grantee or grantees of a permit fail to keep the required insurance or bond in force, the Commission will summarily revoke the permits. The Commission may, in its discretion, suspend for a period not to exceed 6 months the permit of any carrier who is convicted of two or more violations of the conditions of the permit within a period of 1 year. Upon any conviction of three or more violations within a period of 1 year, the Commission may revoke the permit of the carrier and may not issue or reissue a permit to the carrier before the expiration of 1 year from the date of the revocation. Except as otherwise stated in these regulations, a permit may not be revoked or suspended until after an investigation and hearing held 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 the changed address subsequently filed with the Commission. This 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. 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. All tank vehicles operating under the Commission's permit shall at all times be kept in proper physical and mechanical condition to render safe, adequate, and convenient service. Failure to keep a tank vehicle in proper condition shall be sufficient ground for the revocation or suspension of the permit. The regulations of the Interstate Commerce Commission, insofar as they relate to tank vehicles transporting flammable commodities as described in the Public Utilities Article, Annotated Code of Maryland, and to the extent that they are not contrary to or inconsistent with these regulations, shall apply to all carriers receiving permits from the Commission. 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: Is addicted to the use of narcotics or intoxicating liquor; Is not of good moral character; Is mentally deficient or physically defective to such an extent as to impair his ability to properly, conveniently, and efficiently operate the vehicle; Is not experienced in operating motor vehicles and fully competent to operate a tank vehicle; or Has not obtained an operator's or chauffeur's license, or both, as required by Maryland Law for drivers of motor vehicles. 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. If a carrier elects liability insurance coverage, the minimum insurance required for each tank vehicle is $1,000,000 combined single limit for each accident. The minimum cargo liability insurance required for freight transported is: $5,000 for loss of or damage to property carried on any one motor vehicle; and $10,000 for the aggregate loss of or damage to property occurring at any one time. Bond Instead of Insurance. If a carrier elects a bond instead of insurance, the amount of the bond is: Determined by the number of tank vehicles covered by and described in the bond; and As set out in the following table: The bonding company shall guarantee the prompt payment by the carrier of indemnities for personal injuries or for property damage resulting from an accident due to the negligence of the carrier, to the extent of the damages sustained, but not less than $1,000,000 combined single limit for each accident. The penalty of the bond may not be exhausted by successive recoveries but shall remain unimpaired until the bond is cancelled. If the bond is cancelled or if the carrier's operation is terminated or interrupted at any time, the bonding company shall proceed to settle all then outstanding indemnity claims, as required under §C(2) of this regulation, except that the aggregate amount of the settlements may not exceed the penal sum of the bond. Compliance. A carrier shall file with the Commission: An original certificate of insurance signed by an authorized agent of an insurance company, indicating that the policy has been issued, specifying the terms of the policy and the name of the insured; or A certified copy of the bond instead of the insurance showing similar information. The insurance company and the insurance broker shall be licensed to do business in Maryland as required by Insurance Article, Annotated Code of Maryland. The Public Service Commission is to be shown as a certificate holder on the liability insurance policy. The certificate of insurance shall list (either typed on the face of the certificate or on the insurance company letterhead attached to the certificate) the year, make, and serial number of each motor vehicle that is covered by the insurance policy. Notice. A liability insurance policy or bond instead of insurance under this regulation shall contain a clause requiring at least 10 days notice to the Commission and the insured before a policy or bond may be cancelled. The holder of a permit shall give the Commission at least 10 days written notice of any proposed change affecting the liability insurance policy or bond instead of insurance required by this regulation. 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. An owner of a motor vehicle who neglectfully and 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. 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 this chapter, may be determined to be individually guilty of a violation. Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §13-202, Annotated Code of Maryland: Operating a motor vehicle after a permit is suspended or revoked; Failure to present a motor vehicle for inspection or file with the Commission an inspection certificate from an authorized inspection station; Failure to carry appropriate insurance under Regulation .11 of this chapter; Operating a motor vehicle which has been placed out of service; Operating a motor vehicle without a valid state driver's license; Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law; Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality; Reckless driving while operating a motor vehicle, as defined under State or local law; Leaving the scene of a motor vehicle accident while operating a motor vehicle; 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; Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Commission; Falsification of a certification statement that a defect in a motor vehicle has been repaired; 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; or Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit. Notice. 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. The notice given under §C(1) of this regulation shall: Include the time, date, and location of a hearing on the violation; and Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier. The mailing by first class mail of a notice is considered to be effective and binding as an actual notice. Public Utilities Article, §§2-113, 2-121, and 6-202—6-207, Annotated Code of Maryland Effective date: August 5, 1954 (Order No. 50880) Regulations .01—.11 amended effective March 1, 1963 (Order No. 55089) Regulation .11 amended effective April 15, 1991 (18:7 Md. R. 775); December 9, 1991 (18:24 Md. R. 2646) Regulation .12 adopted effective May 24, 1962 (Order No. 54910) Regulation .13 adopted effective January 20, 1992 (19:1 Md. R. 35) Regulation .13B amended and C adopted effective December 19, 1994 (21:25 Md. R. 2110) The laws of Maryland require that the service and facilities furnished in the public transportation of passengers or property for hire within the State shall be safe and adequate and in all respects just and reasonable. There are set forth here those regulations to which the service and facilities pertaining to the operation of aircraft in common carrier service, under permits issued by the Public Service Commission, shall conform until further order of the Commission. The formulation of these regulations does not preclude the Commission from altering or amending them in whole or in part, or from requiring any other or additional service, equipment, facility, or standard, and these regulations do not relieve an owner or operator of aircraft from any of his duties under any orders of the Public Service Commission which are not in conflict with these regulations, or under the laws of this State. In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated. Terms Defined. “Aircraft” means the plane or other conveyance for which a permit has been issued. “Airman” means the pilot (including copilot) of an aircraft for which a permit has been issued. “Airworthy” means in conformity with the requirements of the Federal Aviation Administration. “Carrier” and “operator” mean the holder of a permit. “Commission” means the Public Service Commission of Maryland. “Permit” means permit issued by the Public Service Commission of Maryland. “State” means the State of Maryland. An aircraft may not be operated in common carrier intrastate service in this State until a permit for it has been obtained from the Commission. The permits 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 convenience and necessity. Unless a date of expiration is shown on it, a permit will continue in effect until revoked or cancelled by the Commission. Permits may not be transferable, except by order of the Commission. All permits will be subject to the limitation that the operations authorized by them shall be started within 30 days from the date of the permit. The owner of an aircraft to which these regulations are applicable, who causes or permits, or allows to be caused or permitted, the violation of any of these regulations or the operation of the aircraft contrary to the requirements of these regulations, shall himself be deemed guilty of a violation of them as though he were operating the aircraft personally at the time. In the case of a corporation, the officer, agent, or employee of the corporation who violates or procures, aids or abets any violation of these regulations or permits the operation of an aircraft contrary to the requirements of them, shall be deemed personally guilty of a violation. The penalties for the violation of any of these regulations are prescribed by Public Utilities Article, §13-101(c), Annotated Code of Maryland. All aircraft and airmen employed in common carrier service operated under permits from this Commission shall be certificated by the Federal Aviation Administration and registered with the State Aviation Administration of Maryland. 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. The holder of a permit will be entitled, under the permit, to operate only over the route described on the permit, using only the particular aircraft and landing fields which are designated in the permit. The schedules as filed shall be maintained as closely as due consideration of safety will permit and a change may not be made in a schedule without due notice to the Commission and to the public. All tariffs and time schedules shall be filed with the Commission and posted in convenient form for the information of the public and shall be kept current. A change in rates may not be made on less than 30 days' notice except by special permission of the Commission. The Commission shall be notified promptly of any interruption of service, together with the reason for the interruption. The operators shall keep a continuing record of all interruptions which shall show the date, duration, and cause, and shall submit reports as directed by the Commission. The safety of passengers shall be given first consideration. Evidence of reckless or unsafe operation will be cause for revocation of permit. The operator shall keep informed of the official weather forecasts and be alert to protect the service against unfavorable weather. Accidents shall be reported promptly to the Commission on such forms as the Commission may prescribe and the carrier shall keep a record of all accidents which shall be in such detail as to disclose all conditions which may be useful in guarding against repetitions. There shall be carried on each aircraft at all times, a conveniently accessible first-aid kit adequate for proper first-aid treatment of passengers and crew. 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. Public Utilities Article, §§2-113, 2-121, 5-101, 9-101—9-103, and 9-201—9-206, Annotated Code of Maryland Effective date: October 10, 1945 (Order No. 41456)