Chapter 04. Operation of Aircraft Engaged in the Public Transportation of Persons or Property for Hire
Regulation .01 General.LinkCopy Citation
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.
Regulation .02 Saving Clause.LinkCopy Citation
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.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, unless the language or context indicates that a different meaning is intended, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Aircraft” means the plane or other conveyance for which a permit has been issued.
(2)
“Airman” means the pilot (including copilot) of an aircraft for which a permit has been issued.
(3)
“Airworthy” means in conformity with the requirements of the Federal Aviation Administration.
(4)
“Carrier” and “operator” mean the holder of a permit.
(5)
“Commission” means the Public Service Commission of Maryland.
(6)
“Permit” means permit issued by the Public Service Commission of Maryland.
(7)
“State” means the State of Maryland.
Regulation .04 Necessity for Permit.LinkCopy Citation
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.
Regulation .05 Violations.LinkCopy Citation
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.
Regulation .06 Penalties.LinkCopy Citation
The penalties for the violation of any of these regulations are prescribed by Public Utilities Article, §13-101(c), Annotated Code of Maryland.
Regulation .07 FAA Certificate Required.LinkCopy Citation
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.
Regulation .08 Permits.LinkCopy Citation
A.
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.
B.
Form of Permit. A separate permit will be issued for each aircraft and will be limited to the operation between specified air fields.
C.
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.
D.
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.
Regulation .09 Established Route.LinkCopy Citation
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.
Regulation .10 Fixed Schedules.LinkCopy Citation
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.
Regulation .11 Filing and Posting Tariffs and Time Schedules.LinkCopy Citation
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.
Regulation .12 Interruption of Service.LinkCopy Citation
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.
Regulation .13 Reckless or Unsafe Operation.LinkCopy Citation
The safety of passengers shall be given first consideration. Evidence of reckless or unsafe operation will be cause for revocation of permit.
Regulation .14 Weather.LinkCopy Citation
The operator shall keep informed of the official weather forecasts and be alert to protect the service against unfavorable weather.
Regulation .15 Accidents.LinkCopy Citation
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.
Regulation .16 First-Aid Kit.LinkCopy Citation
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.
Regulation .17 Equipment.LinkCopy Citation
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 9-101—9-103, and 9-201—9-206, Annotated Code of Maryland
History: Effective date: October 10, 1945 (Order No. 41456)